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©State of Queensland
1
[ ~ ~ p r j n t e d as at 1 July, 19801 s Act o f 1962, No.
Part VI11 cornrnenced I January 1972 (Proc. pubd. Gaz. 18 December 1941, p. 1818).
ct A ~ e ~Act 6946, No. 98 ~ ~ ~ n t
~ o ~ ~ e n c e d 1 Septernbe tsrnber 1979, p. 95),
An Act to make vision with respect to the ~egistration and Use of ness Names and for other purposes
[Assented to 26 November 19621 NACTED by the Queen's Most Excellent Majesty, by and
dvice and consent of the Legislative ~ s s e m b l y of Q u e e n ~ ~ a ~ d in ~ a r l i a ~ e n t assembled, and by the authority of the same, as follows:-
rt title. This Act may be cited as The ~ u~ l u~Act i ~ ~~ ~ ~i ~ ~ ~ ~ e ~ c e ~ e n t . This Act shall come into operation on the first
,
one thousand nine hundred and sixty-t~ree,Collective title conferred by Act of 1979, No. 19, s. 1 (3).
r ~ v i § ~ ~ n ~ . (1) The Acts mentioned in the Schedule to this Act to the extent to which they are therein expressed to be repealed are hereby repealed accordingly.
(2) A reference in any Act, Order in Council, order, regulation, by-law, rule, Proclamation, instrument, or document to firms, individuals, or corporations registered or required to have been register~d under the repealed Act or any ~ r r e s p o n d ~ n ~ previous enactment shall, unless the context otherwise requires, be construed as a reference to firrns the members of which are, or to individuals who are, or to corporations that are carrying on business under a business name that is registered or required to be registered, or deemed to be registered, under this Act.
(3) A ~ r m - n a ~ e that was, immed~ate~y before the commencement of this Act, registered under the repealed Act shall, upon the commencement of this Act, be deemed to be ~ e g i s t e r ~ ~ as a business
2 s* 3 B U S I ~ ~ ~ ~ NAMES ACT 19152-1979
name under this Act in relation to each member of the firm, or in relation to the individual or corporation, as the case inay be, by whom or by which it was registered under that Act, and this Act appIies to and in relation to such a firm-name accordinsly.
(4) A reference to the Principal Registrar of Firms or a Registrar of Firms in any Act, Order in Council, order, regulation, by-laul, rule,
~ r o c ~ a ~ i a t i o n , ~ n s t ~ u ~ i ~ ~ i t or document relating to any matter under or in connexion with the repealed Act or any corresponding previous enactment shall unless the context otherwise requires bc construed as referring to the Registrar under this Act.
( ~ . ~ , ~ ~ ’ . ~ ,
s. 2. No. 6212 (Vic.), s. 3. 6 s. 3. No, 1851 of 1928 (SA.), s. 3. No. 2 of 1.No. 34 (Tas.), s. 3. (1) In this Act, unless the contrary intention appears-
“ Business ” includes trade and profession;
“ Business name ” means a name, style, title, or designation under which a business is carried on;
“ carry in^ on business ” includes e~tablishing a place of b~siness and solici~ing or procuri~g any order from a person in the State, and ‘‘ to carry on business ” ha5 a correspondiltg meani ng ;
3. ~ ~ t e r ~ r c t a ~ ~ o ~ . Cf. No. 18 of 1956 (A.C.T.}, S. 4. No.
“ Christian name ” includes any forename;
“ Commissioner ” means the Commissioner for Corporate ARairs appointed under the Securities r ~ zAct ~ 1971 ~ ; ~ ~ r ~
’‘ Corporati~n ” m e a n s ~ n y body corporate formed or ~ncorporated, whether in the State or outside the State, and includes any foreign conipany within the meaning of The Cornpnrzies
Act of 1961 ;
‘‘
Crown Law Officer ” means the Attorney-General, Minister for Justice or Solici tor-General ;“ Director
”,
in relation to a corporation, includes any person oecupyin~ the position of director of the c o r ~ o r a t i ~ n , by~ h ~ t c v ~ r name called;
“ Firm ” means an uninco~porated body of persons (whether consisting of individuals or of corporations or partly of individuals and partly of corporations) associated together for the purpose of carrying on business;
“Individual” means a natural person and does not include a corporation ;
‘‘
Initial ” incl~ides a recognized abbreviation of a Christian name;“ Register ” means a register of business names kept under this
“ Registrar ” means any Registrar of Business Names under
“ Repeated Act ” means The ~ e g ~ ~ ~ r f f t ~ O J ~ of Firifis ~ r t of 1942, Act;
this Act;
as a ~ e n ~ e d ;
BUSINESS NAMES ACT 1962-1979 s. 4 3
‘‘ Secretary
”,
in relation t o a corporation, includes any person performing the duties of secretary of the corporation and in relation to a corporation registered under Division 3 of Part X I of The Compai7ies Act of 1961, includes the agent o f the c o r ~ o ~ a t ~ o n appointed for the purpose of that Division;‘‘ Tra~sparency ” has the meaning ascribed to that term in Part VI1
o f the ~ v j ~ e ~ c e Act 1977.
,, (2) For the p~rposes of this Act a person shall not be regarded as carrying on business within the State for the reason only that within the State he-
(a) is or beconies a party to any action or suit or any administratjve or arbitration proceeding, or effccts settlement of an action, suit or proceeding or of any claim or dispute;
(b) maintains any bank account;
(c) effects any sale through an independent contractor;
(d) creates evidence o f any debt or creates a charge on real or personal property ;
(e) secures or collects any of his debts or enforces his rights in regard to any securities relating to such debts;
(f) conducts an isolated transaction that is completed within a period. of thirty-one days, but not being one of a number of similar transactions repeated from time to time; or
(g) invests any of his funds or holds any property.
(3) For the purposes of this Act a business name shall be deemed to’be registered under this Act in relation to a person if it appears from the register that the person either alone or together with other persons is carrying on business under that name.
As amended by Act of 1971, No. 8, s. 174; Act of 1979, No. 19, s. 3.
egistrar of ~ ~ s i n e s ~ Names and tker O ~ ~ (1) The e ~ ~ .
~ o m ~ i s s i o n e r shall have the general administration of this Act.
(2) Subject to the ~ ~ i ~ Z i c Service Art 1922-1968, the Governor in Council may, from time tu time appoint so many Registrars of Business Names and other oficess as are required for the purposes of this Act.
( 3 ) Anything by this Act appointed or required t o be done or signed
’by the Coinmissioncr may be done or signed by a Registrar of Business Names.
(4) The appointment of a Registrar may be made generally or limited to a district specified by the appointment.
(5) Where the appointment of a Registrar is limited to a district specified by the a p p ~ i n t n ~ ~ n t , the exercise of his powers, authorities and functions, and the discharge of his duties under this Act shall be limited to and in relation to that district and the Registrar shall be the Registrar of Business Names for that district.
S BUSINESS ~ A ACT ~1962-1979 ~ S
(6) Every person who holds the office of Deputy Registrar of
~ o n ~ m e r c i a l Acts, Brisbane, shall, by virtue of his office and without further or other appointment and while he holds that office, be a Registrar of Business Names without limitation to a district and shall hold office accordingly.
As amended by Act of 1971, No. 8, s. 174; Act of 1979, NO, 19, s. 4.
alone or in association with other persons carry on business (a) the business name consists of the name of that person and the name of each other person if any in association with whom that person i s so carry in^ on business without any addition; or (b) the business name is reg~stered under this Act in relation to that person and each other person if any in association with whom that person is so carrying on business.
and where [he business name is so registered such of the provisions of section twelve as are required to be compIied with by or on behalf of the person or persons in ~ e l a t ~ o n to ~ h o m the name is registered have been complied with.
in the State under a business name unless-
alty : $200, Default penalty.
For the purposes of subsection (I) of this section the name of a
(a) in the case of an individual his full name, or his surname t o ~ ~ t ~ e r person consists of-
with-
(i) his christian name ox' names;
(ii) the initial or initials of his Christian name or names;
(iii) a combination of one or more of his Christian names and the initial or initials of his remaining Christian name or names;
or
(iv) the Christian name of names by which he is common~y known or the initial or initials by which he is c ~ m m o n ~ y known or any ~ o m b i ~ t i o n of one or more of such names and such initials;
(b) in the case of a corporation-the corporate name of the corporation.
he addition to a business name of words indicatin~ that the s carried on in succession to a former owner of the business shall for the p~rposes of subsection (1) of this section be deemed not to be an addition. to the business name.
(4) Where a business is carried on by an official receiver a trustee in bankruptcy or a trustee under a deed or scheme of arrangement entered into under a law of the ~ o m m o n w e a ~ t h relating to ~ a n k r ~ p t c y or by a receiver ~ a ~ g e r or other persoh appointed by any court or under the ned in any i ~ s t r u ~ e n t to carry on the business the business rposes of this Act be deemed to be carried on by the person who carried on the business immediately before the appointment of the receiver trustee manager or other person.
BUSKNESS NAMES ACT 1962-1979 .6,7 5 ( 5 ) ~otwithstanding anything in this Act a contravention of or failure to comply with any provision thereof shall not operate to avoid any agreement transaction act or matter.
s a m ~ n d e d by Act of 1976, No. 90, s. 3 Sch.
vie.
} The hall keep a register of business names registered under this Act in such form as he thinks fit.
( 2 ) (Repealed.) ( 3 ) {Repealed .)
(4) A statement lodged under this Act in relation to a business name registered under this Act, whether lodged before or after the registration.
shall for the pLi~~oses of this Act be deemed to be incorporated with and to form part of the register kept by the Commissioner.
(5) A copy, certified ~ n d e r the hand of the Commissioner to be correct and furnished p ~ r s u a n t to this section, of a statement lodged under this Act in relation to a business name registered under this Act, whether the ~ t a ~ e ~ e n t was lodged before or after the regi~trat~on, shall for the purposes of this Act be deemed to be incorporated with and to form part of the register of business names kept by the ~ o ~ ~ i s s i o n e r . to be incorporated with and to form part of the c o r r e s p o n ~ i n ~ register kept under this Act.
As amended by Act of 1971, No. 8, ss. 174, 175 Second Sch.; Act of 1979, No.
19, s. 5.
(6) A register kept for the purposes ofthe repealed
.C.T. s. 7. N.S.
as, ss. 5, 115. (1) An application for the registration of a business name shall be made by lodging with the ~ o m m ~ s s ~ o n e r a statement in the prescribed form which shall be signed by the person or persons carrying on or proposing to carry 011 business in the State under that name shall be a ~ ~ m p a n i e d by the prescribed fee and shall set out-
(a) the business narne;
(b} a concise description of the true nature of the business carried on or proposed to be carried on under that name by the appl~cant or applicants ;
(c) the address of each place in the State where the business is ox: is proposed to be carried on showing, if the business is or is
~ r o po se d to be carried on at more than one place in the State, which of those places is or i s to be the principal place of business;
(d) the Christian names and s u r n a ~ e and the usual place of residence of each applicant who is an i n d i ~ i d u a ~ and the corporate narne and the place of the registered oEce in the State of each applicant which is a corporation;
6 s.8 BUSINESS NAMES ACT 1962-1979
(e) the date or proposed date of commencement of the carrying on of business in the State under the business name by the applicant or a~plicants; and
(f) where the business name i s a name adopted by the applicant or applicants in substitution for another name-that other name.
(2) If any applicant is an infant he shall be so described in the s t a t e ~ e n t and the date of his birth shall be set out jn the statement, and a statement which does not comply with this subsection shall for the purposes of section seventeen be deemed to be false in a material particular.
(3) Subject to this Act the Commissioner shall upon the lodging of a statement under subsection (1) of this section in relation to a business name register the business name.
(4) The Commissioner shall upon registering a business name issue a certificate of registration in the prescribed form signed by the Com~issioner.
(5) The Cornmissioner may upon payment of the prescribed fee issue a further certificate of re~i~tration.
(6) A business name shall not be registered under this Act if the statement referred to in subsection (1) of t h s section is Iodged with the C o m ~ ~ ~ s s i o n e r on a date preceding by more than two months the date shown in the statement as the proposed date of commencement of carrying on business.
(7) The Commissioner may refuse to register a business name if he is not satisfied that the particulars set out in the statement lodged under subsection (1) of this section are correct.
(8) (Repealed.)
(9) Where the applicant or a p p ~ ~ c a ~ t ~ seek the registration of a business name in substitution for a business name (in this subsection called the
‘‘
substituted name ”) already registered under this Act in relation to the a ~p li can t or applicants he, or as the case may be, each of them shall in the statement referred to in subsection (I) of this section-(a) apply to the Commissioner for the cance~lation of the registration of the substituted name (which cancellation, the Commissioner is hereby empowered to effect); and
(b) include the followi~g notification:-
“TAKE NOTICE that the applicant or applicants in relation to whom this ~pplication i s being made formerly carried on business under the business name of
which name is abandoned: AND TAKE FURTHER NOTICE that an application is being hereby made in this app~ication for the cancellation of that business name.”
As amended by Act of 1965, No. 50, s. 2 ; Act of 1971, No. 8, ss. 174, 175 Second Sch.; Act of 1979, No. 19, s. 6.
8. , s. 5. (1) Where a business name is required to be registered under this Act and the person or all the persons (in this subsection referred to as ‘‘ the proprietor or proprietors ”) carrying on
~ ~ S ~ ~ E S S NAMES ACT 1962-1979 Ss.9,lO 7
or proposing to carry on business in the State under that name resides or reside outside the State, or has or have no fixed address within the State, the statement referred to in subsection (1) of section seven shall-
{a> include the name and address of some person resident in the State who in relation to the carrying on of business under that name-
(i) has ~onsented in writing to be the resident agent of the proprietor or proprietors for the purposes of this Act; and (ii) is authorised in writing by the proprietor or proprietors to accept service on behalf of the proprietor or proprietors of any notices for the purposes of this Act and of any process;
and
(b) in addition be signed by the person who has co~sented to be the resident agent of the proprietor or proprietors.
(2) The address shown in any statement lodged with the Commissioner under this Act as the address of the resident agent appointed for the purposes of this Act by the person or persons in r e ~ a t ~ o n to whom a business name is registered shall, for the purpose of serving any notice on the person or persons under this Act, be deemed to be the address
o f a place where business is carried on by the person or persons under that name.
As amended by Act of 1971, No. 8, s. 175 Second Sch.
siness names that Vic. ss, 21-25.
(1) Except with t
r a business name shall not be registered under this Act if the business name is a name that is in the opinion of the Conmissioner undesirable or is a name or a name of a kind that the Crown Law Officer has for the purposes of this Act directed the Commissioner not to accept for registration.
(2) The Crown Law Officer shall cause a direction given by him under subsection (1) of this section to be publishe~ in the Government Gazette and a copy of the direction to be forwafded to the Attorney- General of the Commonwealth and the Attorney-General of each State o f the Co~monwealth.
As amended by Act of 1971, No. 8, ss. 174, 175 Second Sch.
owes to c ~ ~ c ~ l r e ~ i s t ~ a t i ~ ~ of business names that are undesirable, etc. A.C.T. s. 25. N.S.W. s. 26, Vic. s. 26. W.A. s. 28. Tas. s. 24).
(1) If a business name which could not be registered under this Act without contraventio~ of subsection { 2) of section nine is registered through inadvertence or otherwise, the Commissioner may send by post a notice addressed to the person or persons in relation to whom the name is so registered at the place shown in the register as the place where business i s carried on under that name-
(a> stating that he proposes to cancel the reg~stration of that name tipon the expiration of such period (being a period of not less than twenty-ei~ht days) as is specified in the notice; and
8 s. 11 BUSINESS NAMES ACT 1962-1979
(b) setting out his reasons for the proposed cancellation,
and upon the expiration of that period the Commissioner rnay cancel the registration of that name.
(2) The Commissioner shall not except with the approval of the Crown Law Officer exercise his powers under subsection (1) of this section with respect to a ~rm-name that is deemed to be registered under this Act by virtue of subsection (3) of section two.
(3) The Crown Law OfXicer may at any time before the expiration of the period specified in a notice given by the ~ o r n m ~ s s i o n ~ r under subsection (1) of this section annul the notice.
(4) The Commissioner may remit any fee payable in respect of an application for the registration of a new business name in place of a business name the registration of which is cancelled under subsection (I) of this section.
A5 amended by Act of 1971, No. 8, s. 175 Second Sch,
~ ~of r e ~ i s ~ r ~ t i o ~ . e ~ ~A.C.T. l s, 10, .A. s. 7.
W.A. s. 16. (1) The registration of a business name shall remain in force for a period of twe~ve months but the registration may from time to time be renewed by lodging with the Commissioner before the expiry of the r e ~ i s t r ~ t i o n a statemetit in the prescribe^ form signed by the person or one of the persons in relation to whom the name is registered together with the prescribed fee.
(2) The renewal of a registration shall be effected for a further period of twelve months as from the day on which the previous r ~ ~ i s t r a t i o n expires.
(3) The Commissioner shall after the expiration of the registration of a business name send by post to the person or persons in relation to who^
the business name was registered at the place shown in the register as the place where business is carried on under that name a notice of the date on which the registration has expired.
(4) Where the re gist ratio^^ of a business name has expired the Commissioner shall not accept for registration from any person or persons other than the person or persons in reIation to whom the business name was registered any business name that is identical with that business name or that in the opinion of the ~ o ~ ~ ~ s s i o n e r so nearty resembles it as to be caicu~ated to deceive until the expiration of one month after the sending of the notice referred to in subsection (3) of this section and, where the
~ o m ~ i s s i o n ~ r has extended thc period within which that business name rnay be registered, until the expiration of that further period.
( 5 ) Where a firrn-name is deemed to be registered as a business name under this Act by virtue of subsection (3) of section two, the registration of the business name shall subject to this Act remain in force until the thirty-first day of January, One thousand nine hundred and sixty-three, (6) Where the registration of a business name expires by effluxion of time and the reg~stration thereof is not renewed or further renewed
B ~ ~~A~~~ I ~ACT ~ 1962-1979 S e.12 9
pursuant to subsection (1) of this section, every person in relation to whom the business name was registered shall be guilty o f an offence against this Act unless he proves-
(a) that he or all the persons in relation to whom the business name was registered ceased to carry on business in the State under that name before the date of the expiration OF the registration of that business name and a statement required by the provisions of subsection (3) of section twelve of this Act to be lodged was lodged in accordance with those provisions or, if not so lodged, that he took all reasonable steps to ensure compliance with those provisions; or
(b) that he took all reasonable steps to secure the renewal or further renewal of the r e g ~ s t ~ ~ t ~ o n in accordance with this section.
Petia 3 t y : $100.
Sch; Act o f 1976, No. 90, s. 3 Sch.
As amended by Act of 1965, No. 50, s. 3 ( I ) ; Act of 1971, No, 3, s. 175 Second
(a) in relation to the place or places in the State at w h i ~ h bL~siness i s carried on under that name or in the address of any such place; or
(b) in the registered particulars relating to the resident agent of the person or persons in relation to whom the namc is registered,
there shall be lodged with the ~ o ~ ~ i s s i o i ~ e r within one month thereafter, a s t a t e ~ ~ e ~ ~ t in the prescribed form, signed by the person or one of the persons in relation to whom the name is registered at the time of the change, notifying the ~ o m ~ i s s ~ o n e r of particulars of and of the date of the change.
(2) Where a change occurs in the Christian names or surname of any person being an individual in relation to whom a bu name is r e ~ i s t e r e ~ under this Act or in the corporate name or the of the registered office in the State of a person being a corporat~on in retation to which a business name is registered under this Act there shall be lodged with the Commissioner within one month ther~after a statemelit in the prescribed form signed by that person n~tifying the Commissioner of particulars of and of the date of the change.
( 3 ) Where a business name is registered under this Act in relation to a person or persons and that person ceases or all or any of those persons cease to carry on business in the State under that name there shall be lodged with the ~ o m m i s s i o n ~ r within one month thereafter a statement in the prescribed form notifying the Commissioner of the cessation and of the date thereof signed by each person who was carrying on business under that name i m ~ e d i a t e ~ y before the cessation or in the case of a deceased person by his personal representative.
10 s.12 BUSINESS NAMES ACT 1962-1979
here a business name is registered under this Act in relation to a person or persons and another person or other persons commences or commence to carry on business in the State under that name in place of or in association with any person or persons in relation to whom the name is already registered, there shall be lodged with the Commissioner within one month thereafter, a statement in the prescribed form signed by each person carrying on business under that name immediate~y after that other person or those other persons so commenced carrying OTI
business under that name, setting out the date on which that other person or those other persons so commenced to carry on business and in relation to each person required to sign the stateinent--
(a) who is an individual-the Christian names and surname and the usual place of residence of the individual and where lie is an infant in addition to the p a r t ~ ~ ~ l a r s referred to in this paragraph a description of him as such and the date of his birth; or
(b) who is a corporat~on- he corporate name and the place of the registered office in the State of the corporation,
and where the person or all the persoizs carrying on business uniiler that business name after that date of c o m ~ e n ~ e m e n t resides or reside outside the State or has or have no fixed address within the State, the statement sliall-
(c) also set out the name and address of some person resident in the State who in relation to the carrying on of business under that name-
(i) has consented in writing to be the resident agent of the person or persons for the purposes of this Act; and
(ii) is authorised in writing by the person or persons to accept service on behalf of the person or persons of any notices for the purposes of this Act and of any process; and
be signed by the person who has consented to be ( 5 ) Where a business name is registered under this Act and a person appointed the resident agent of the person or persons in relation to whom the name is registered ceases to be the resident agent of such person or persons for the purposes of this Act-
(a) there shall be lodged with the Commissioner, within one month after such ~essation, a statement in the prescribed form notify- ing the Com~issioner of the cessation and of the date thereof signed by the person or one of the persons in relation to whom the name is registered or by the person so ceasing or his personal representative ; and
(b) the person or persons in relation to whom the business name is registered shall, within one month after such cessation, appoint in place of or in succession to the person so ceasing another person as the resident agent of such person or persons for the purposes of this Act.
(6) here a business name is registered under this Act and another person is appointed in place of or in succession to a person who has ceased
BUSINESS NAMES ACT 1962-1 979 §.I2 11
to be the resident agent of the person or persons in relation to whom the name is registered, there shall be lodged with the Commissioner, within one month after such appointment, a s t a t e ~ e n t in the prescribed form
~ o t i f y i ~ g the Cornmissioner of the ~ppointment and of the date thereof- (a) signed by the person or by one of the persons in relation to
whom the name is registered and by the other appointed ;
(i) is in relation to the carrying on of business under that name authorised in writing by the person or persons in relation to whom the name is registered to accept service on his or their behalf any notice for the purposes of this Act and of any process; and
(2) has consented in writing to act as the resident ngent for that person or persons (as the case requires).
(7) Where a business name i s registered under this Act and the person or all the persons in relation to whom the name is registered ceases or cease to reside within the State or to have a fixed address in the State, there shall be lodged with the C o n ~ ~ i s s i o n e r within one month thereafter a statement in the prescribed form stating the name and address of some person resident in the State who in relation to the carrying on of business under that name-
(a) has consented in writing to be the resident agent of the person or persons for the purposes of this Act; and
(b) i s authorised in writing by the person or persons to accept service on behalf of the person or persons of any notices for the purposes of this Act and of any process,
signed by that person or one of those persons and by the so appointed.
(8) If a statement required by a provision of this section to be lodged with the Commissioner is not lodged in accordance with the provision, or if lodged does not comply with the provision, each person required or author~sed by the provision to sign the statement shall unless he proves that he took all reasonable steps to ensure compliance with the provision be guilty of an offence against this Act.
(b) showing that the other person so appointed-
Penalty: $200, Default penalty.
(9) Where by reason of a person commencing to carry on ~usiness under a business name registered under this Act a statement is lodged with the C o ~ m i ~ s i o n e r in accordance with and within the time ~ r ~ s c r i b ~ d by subse~tion (4) of this section neither that person nor any other person shall be guilty of an offence against section five of this Act by reason only that before the lodging of the statement he carried on business under that name.
(10) Any statement required to be lodged with the Cominsssioner under this section with respect to any matter may be combined with a statenlent required to be lodged under this section with respect fo another matter.
12 SS.12A4,13 BUSINESS NAMES ACT 1962-1979
As amended by Act of 1971, No. 8, s. 175 Second Sch.; Act of 1976, No. 90, s. 3 Sch.; Act of 1979, No. 19, s. 7.
1% ~ ~ ~ e ~ ~ t i ~ g 0tclr ~ ~ ~ t e ~ e ~ t s , ~ etc. ~ (1) Where it is ~ r o v ~ d e d ~ ~ 0 ~ ~
in this Act that a statement, document or matter shall. be lodged with the ~ o ~ ~ ~ ~ s ~ o n e r within a specified period, the ~ o ~ m i s s ~ o n e r may (irrespective of whether that period has expired or not) in relation to a bu$incss name, extend that period for such further period as he thinks fit.
f default has been made in Iodging a statement, document or accordance with this Act within the period specified, such ocunicnt or matter may, subject to this Act, be lodged ing such default.
The ~ ~ d g j ~ i e n t of a statement in accordance with this su~sectioii in reladion to the renewal or further renewal of the registration of a business naixe shall be deemed to effect the renewal of the re~istratioi~ of t ha s rranie for a further perjod of twelve months as from the day
0 I1 e previous registration expired.
hsection shall not affect the Iiabitity of any person or persons in respect of such default.
Inserted by Act of 1965, No. 50, s. 4 ; as amcndcd by Act of 1971, No. 8, s. 175 Second Sch.
(1) The C o i ~ ~ i s s i o n e r may by notice in to furnish within a period specified in the
(being a period of not less than twenty-ei~ht days) or within such further period as the Conimissioner may allow such informa~ion as appears to the ~ o j i ~ i ~ j s s ~ o n e ~ to be necessary to enable him to ascertain whether or not a persun -
(a) is carrying on business either alone or in association with other persons under a business name that is required to be registered under this Act; or
Ob) has failed to lodge with the Commissioner a statement required to be lodged under this Act.
(2) A person required under subsection (1) of this section to furnish
~ n f o r ~ ~ ~ ~ o ~ to the Commissioner shall within the period specified in the notice or within such further period as the Commissioner has allowed
~ u ~ n i s ~ such jnformatioii as it i s within his power to furnish and shall not furnish any information which to his knowledge is false in any material
all not be excused from furnishing any ~ ~ f o r ~ a t i o n where required to do so under subsection (1) of this section on the ground that the ~ ~ ~ ~might tend to incriminate him or make him liable to r ~ ~ t ~ o n a. pendry but the informatioIi furnished by him shall not be a d ~ i s s i b l ~ in evidence crgainst him in any proceedings civil or criminal except p r o c e e ~ ~ ~ ~ s for an offeiice a ~ a i n s t subsection (2) of this section.
As amended by Act of 1971, No. 8, s, 175 Second Sch,; Act of 1976, No. 90, s. 3 sct-r,
~ ~ S NAMES ACT ~ ~ ~ 1962-1979 S S ST. 14-17 13
~ r s o ~ s in ~ ~ f a u ~ t . A.C.T. s. 14. N.S.
A. s. 16. ~ . A . s. 16. Tas. s. 13.
arrying on business under a business name in contravention r a person who being required to lodge a s t a t e ~ e ~ ~ under section twelve in relation to a business name fails to lodge that statement commences any suit or action in that business name or in respect of a cause of action arising out of any dealing in or under that business name, the court before which the suit or action is commenced rnay order the person to cease to contravene section five or to cause the statei~ent eo be lodged as the case may be and rnay stay all proceedings in the suit or action until the order is complied with or rnay allow the ~ r o ~ e e d i n g s to be continued on an undertaking being given by the person that he will comply with the order within such time as is limited by the court,
(21 The power given by this section to a court niay be exercised in the case of the Supreme Court by a Judge thereof in c h a n ~ b e ~ s in the case of the District Court by a Judge thereof in chambers or in the case of a Magistrates Court by a Stipendiary Magis~rate in chambers.
i g ~ i ~ ~ of stat^^
6. SA. s. 8. .A. s. 8. Tas
lodged with the omm missioner under this Act shall be deemed to be signed by a person who is required to sign the statement if-
(a) in the case of an individual-it is signed on his behalf' by a person authorised in writing to so sign the state men^^ or (b) in the case of a corporation-~t is si ed by a director or
manager or the secretary of the corpora
(2) Notwithstanding any other pr~vision of this Act where the Commissioner is satisfied that it is not practicable to obtain the signature of a person required by this Act to sign a statement the ~ o ~ m i s s ~ o n e r may accept the statement for registration without its being signed by that person; but a person is not relieved of the re~uirement to sign a statement and a statement not signed by any rson is not by reason only of its registration under this Act evidence 'lating to that person's interest in a business.
As a ~ ~ n d ~ d by Act of 1971, No. 8, s, 175 Second Sch.
culars. The Commissioner may in a particular case to accept a statement required to be lodged with him under this Act unless the particulars set out in the statement are verified by a statutory dec~aration made by a rson who signed the statement,
As amended by Act of 1971, No. 8, s. 175 Second Sch.
e ~ ~ l t y for false st .C.T. s. 16* N.
.
s. 17. SA. s..
I?, A personlodge with the Co~missioner a statement made or purporting to be made for the purposes of this Act which to his k ~ o w ~ e d g e is false In any material particular and a person shall not authorize or permit the lodging with the Cornmissioner of such a statement which to his knowledge is false in any material particular.
Penalty: $200 or imprisonment for three months or bpth.
As amended by Act of 1971, No. 8, s. 175 Second Sch.; Act of 1976, No. 90, s. 3 Sch.
of proposed cance tisxa, A C T . s.
s. 19. S.A. 8. 22. .A. s. 64. Tas. s.
as reasonable cause to believe that a persoii or persons in relation to whom a business name i s registered under this Act is not or are not carrying on business in the State under that name he may send by post a notice addressed to the person or persons at the place shown i n the register as the place where business is carried on under that name e n ~ u i r i n ~ whether the person is or the persoizs are carryiii~ on business under that name 2nd stating that unless the Commissioner is satisfied within one month f r o x the date of the notice that business i s being carried on in the State by that person or those persons under that name the registration of the business name may be cancelled.
(Z} c here the Comniissioner has reasonab~e cause to believe that any provision of section twelve which is required to be complied with by or on behalf of the person. or persons iii relation to whom a business name is registered utider this Act has not been c o m p ~ i e ~ with fie may send by post a notice aBdressed to the person or persons at the place shown in the register as the place whcre business is carried on under that name stating that tinless within one month from the date of the notice that provision Is complied with or the Conimissi~ner is satisfied that there was in fact no failure to comply with the provision the registration of the business name may be cancelled.
As amended by Act of 2971, No. 8, s. 175 Second Sch.
69, at^^^ abf registration. A C T . s. 1 3 N S W . s, 11. Vic. s. 10, lid. s, B A . S. s. 22%. ~ ~ ~ . A * s. 64. (I) The Commiss~oner may (a) if there is lodged with the Co~niissioner a statement under section twelve notify in^ him that the person or ali the persons in relation to whom the business name is registered has or have ceased to carry on business in the State under that name and it does not appear from that statement or another statement accompanying that statement that another person has or other persons have commenced to carry on business in the State under that name;
(b) if the Commissioner has sent notice to any person or persons in respect of the business name under subsectio~ (1) of section
~ ~ g h t ~ e i ~ and that person does not, or those persons do not satisfy the Commissioner within one month from the date of the notice that business is being carried on in the State by that persori or those persons under that name;
(c) if the Commissioner has sent a notice to any person or persons under subsection (2) o f section eighteen and within one I ~ o n ~ I i after the date of the notice the provision of section twelve to which the notice relates has not been complied with or that person does not or those persons do not satisfy the Commissioner that therc was no failure to comply with the provision; or
cancel the registration of a business name-
BUSINESS NAMES ACT 1962-€979 ss, 20,21 15
(d) if the business name is registered in relation to a corporation only and the name of the corporation has been struck off
any register of corporations kept under The C o ~ Act ~ ~ ~ ~ e ~ of 1961, or the corp~ration has been dissolved,
(2) The C o ~ m ~ s s i o n e r may on any grounds which he thinks suEcient revoke any cancellation by him of the registration of a business name and in that event the business name shall be deemed to have contin.ued to be registered as if the re~istratioii had not been cancelled.
( 3 ) Wlzere thc registration of a business name has been cancelled under this section a person in relation to whom the business name was registercd iiiiniediately before the ca~icellatio~ may apply to the District Court for an. order direct~ng the C o ~ ~ ~ s s i o ~ i e r to restore the registration of the business name and the decision of the Court upon the application shall be final,
(4) OJI an application under subsection ( 3 ) of this section the District Court may if it i s satisfied that the applicant is carrying on business under the business name and that it is just and equitable so to do make the order applied for upon such terms as the Court thinks fit.
( 5 ) Upon the niakiiig of an order by the District Court under subsection (4) of this section the business name shall be deemed to have
~oiitinued to be registered as if the registration had not been cancelled and the Commissioner upon the lodging with him o f an office copy of the order shall make such entries and alterations in the register as he considers necessary for the purposes of thc order.
As ~ r n ~ ~ d ~ d by Act of 1971, No. 8, s. 175 Second Sch.
2 9, 16, s. 9.
(a) a person or persons in relation to whom the business name is registered shall not issue or sign in connexion with the carrying on of that business any business letter statement of account invoice official notice publication order for goods or receipt unless the business name appears in legible characters thereon; and
(b) the business name shall at all times be displayed in a conspicuous position on the outside of every place at which business is carried on under that name,
and in the event of a contravention of this section each person carry~ng on business undcr that name sliall unless he proves that he took aTI reasonable steps to ensure complia~ice with this section be guilty of an offence against this Act.
Pena’ity: $100. Default penalty.
21. ~ ~ ~ ~er may correct i s s i ~errors in register, etc. A.C.T. s. 20.
N S W . s. IS. W.A. s. 21. (I) The Commissioner may on such evidence as to him appears sufficient correct any error in any entry in the register or i n any cztificate o f rzgistration of a business name.
As amended by Act of 197G, N o . PO, s. 3 Scb.
16 SS. 22-2 BUSINESS NAMES ACT 1962-1979
(2) (Repealed.)
( 3 ) Any entry or certi~cate corrected under this section shall have the (4) The om missioner may accept and register a statemei~t ~ o d ~ e d to correct any error in or to su ly any particular omitted from a statement previous~y lodged and ~ e ~ i s t e r e d , and in that event the s~atement previously lodged and that lodged under this subsection shall be read as one and shall both be i~corporated with and form part of the register kept by the Commissjoner.
As amended by Act of 1971, No. 8, s. 175 Second Sch,; Act of 1979, No. 19, s. 8.
nd effect as if the error had not been made.
ents. A.C.T. s. 19. N.S.W. s.
s. 19 (1). W.A. s.
.
Tas. s. 87. A person may on ment of the prescribed fee insp any statement lodged with the Commissioner under this Act or filed under the repealed Act or a copy thereof certified and furnished pursuant to section six and may make a copy thereof or take extracts therefrom.As amended by Act of 1971, No. 8, s. 175 Second Sch.
of the ~ r e s c r ~ b e d fee issue to that person-
(a) a copy of or extract from the register kept by him or a copy of or extract from a document f o r m ~ n ~ part of the register certified under his hand to be a true copy or extract;
(b) a certificate under his hand that a business name was on a date or during a period specified in the certificate registered under this Act in relation to a person.; of-
(c) a certificate under his hand that a business name was not on a date or during a period specified in the certificate registered under this Act in relation to a person.
(2) The Commissioner shall not be required to issue a certificate under paragraph (b) or (c) of subsection ( I ) of this section in respect of a date or a period ending on a date earlier than the c o ~ m e n c ~ m e n t of this Act or more than twelve years before the date of the receipt of the request.
s. 9.
As amended by Act of 1971, No. 8, s. 175 Second Sch.; Act of 1979, No. 19,
ssued under this Act;
copy of or extract ister issued under (c) a certificate issued under paragra h (b) or (c) of subsection (1)
paragraph (a) of subsection (I) of section twenty-three;
of section twenty-three; or
BUSINESS NAMES ACT 1962-1979 ss.25,26 17
(d) a combination of two or more of the certificates copies or extracts referred to in paragraphs (a) (b) or (e) of this section, shall in all courts and before all persons having authority to hear receive and examine evidence be prima facie evidence of any matter contained orzset out therein.
25. Authority of Commissioner to destroy ocuments. Subject to- Part IV of the Libraries Act 1943-1977, the Commissioner may, if in his opinion it is no longer necessary or desirable t o retain them, destroy any statement, notice or other document lodged or filed under this Act or under the repealed Act-
(a) if the statement is a statement of renewal of registration that has been lodged or filed for a period of not less than three years;
(i) if the statement is other than a statement referred to in subparagraph (a); or
(ii) if the notice or document is a notice or document, that has been lodged or filed in respect of a business name or firm-name the registration of which has not been in force during the preceding 12 years;
(c) if it is a statement, notice or document a transparency of which has been incorporated with a register kept by the Commissioner.
09-
Substituted by Act of 1979, No. 19, s. 10.
26. Invitations to the public to make deposits or loans. Vic. s. $A.
S.A. s. 4a. (1) A person shall not- (a) in any-
(i) invitation to; or (ii) advertisement inviting,
the public to deposit money with, or to lend money to; or
(b) iia connection with any deposit of money with or loan of money that person or any other person or persons use or make reference to any name that is registered, or required to be registered, under this Act as a business name or, if a person or firm were carrying on business in the State under that name, would be required to be so registered.
to,
Penalty: $1 000.
(2) This section does not apply-
(a) t o an invitation to the public made by a public company in conformity with the requirements of The Companies Act of
1961; or
(b) to the use of or a reference to a business name registered under this Act in connection with any deposit of money with, or loan of money to, the person or firm carrying on business in the State under that name where no invitation to the public,
8522643
IS fs. 27,28 ~ U S t ~ ~ ~ S NAMES ACT 1962-1979
or advertisemei~t inviting the public, to deposit money with, or lend money to, that person or firm has been ipade, ~ssued, given, published or disseminated.
As amended by Act of 1976, No. 90, s. 3 Sch.
27. Proceedings. General penalty provisions. N.S.W. s. 12. Vic.
s. 111. Qld. s. 24. SA. s. 115. ~ ~ . A . ss. 15, 27. Tas. s, 12. ( I ) A person who -
(a) does that which by or under this Act he i s forbidden to d o;
(b) does not do that which by or under this Act. he is required (6) otherwise contravenes or fails to comply with any provision
or directed to do; or of this Act,
shall be guilty of an ofTence against this Act,
(2) A person who is guilty of an offence against this Act shall be liable on conviction to a penalty or punishment not exceeding the penalty or punishment expressly mentioned as the penalty or p u ~ i s ~ i n e n t for the offence.
( 3 ) The penalty or p u n i s ~ i ~ i e ~ t pecuniary or other set out in or at the foot of any section or part of a section of this Act shall indicate that the offence i s punishable ripon conviction by a penalty or punishment not exceeding that so set out and where the penalty or punishment is evpressed to apply to a part only of the section it shall apply to that part
(4) All offences against this Act may be prosecuted i n a s~niniary way under Tire J u ~Acts, ~ iI886 ~ to ~ 1360. ~
( 5 ) Proceedings for any offence against this Act may be taken by the ~ ~ m ~ ~ ~ i s s i o n e r or, with the written consent of the Commissioner, by any person.
(6) Proceedings for an offence against this Act may be instittired at any time within twelve months after the c o ~ n ~ n i s s ~ o ~ i of the offence
01- withtn six ~noriths after the commission of the offence comes to the knowitedge of the ~ o ~ n ~ l ~ ~ n ~ n t , which ever is the later period.
only.
As amended by ACE of 1971, No. 8, i s . 174, 175 Second Sch.
28. Default penalty. (1) Where i n or at thz foot of any sectioii or part of a section there appears the expression '' Default penalty " it shall tndic,zte that any person who is convicted of an offence against this Act in relation to that section or part shall be guilty of a further offence against this Act if the offence continues after he is so convicted and liable to an additional penalty for each day during which the offence so continues of not more than $20.
(2) Where any offence is coniinitted by a person by reason of his failure to comply with a provision of this Act by or under which he is required or directed to do anything within a particular period, that offence for the purposes of subsection ( I ) of this section shall be deerned to continue so long as the thing so required or directed to be done by h i m remains undone, notwithstanding that that period has clapsed,
As amended by Act of 1976, No. 90, s. 3 Sch.
BUSINESS NAMES ACT 1962-1979 ss. 29-32 Is9 29. Offences committed by corporations. A.C.T. s, 17. N.S.
Vis. s. 18, Qld. s. 2 I
~ , ~ .
s, 22. Where a person guilty of a against this Act--(a) is a corporation; or
(b) is a person who purported to act for or on behalf of a any director manager secretary or otlier oficer of the corporation who was
~ I ~ o \ ~ / j n ~ l ~ a party to the offence shall also be guilty o f that offence.
corporation,
30. ~ ~ j ~ e ~ t i a r y p~ovisions. S.A. s. 23a, I f in any proceedings for an offence against this Act proof is given t l u t , I business name has been displayed on any premises, and evidence is given from which the court may infer that the business name has reference to any business carried on at the premises, the person or persons c a r r ~ ~ i n ~ on the business shall in the absence of proof to the contrary be deemed to he carrying on the business under that business name,
31. As to service of notices and ~ o ~of gstate i ~ents. ~ (1) ~ h ~ r e by this Act the ~ o ~ i ~ ~ j s ~ ~ o n e r is required or permitted to send a notice to
the person or persons in relation to whom the business name is registered a t the place where business is carried on under a business name the notice may be sent by post addressed to the business name-
(a) at the place shown in the register as the place where business is so carried on; or
(b) where more than one place is shown in the register as the place where business is carried on-
(i) at the place shown in the register as the principal place where business is so carried on; or
(ii) if no place is so shown as the principal place, at the place shown which appears first in the register as a place where business is so carried on; or
(c) if it appears from the register that there is for the purposes
of this Act a resident agent, at the place shown in the register as the address of the resident agent in the State.
(2) Any statement required to be lodged with the Commissioner under this Act shall be lodged with the Commissioner or any clerk of the court.
As amended by Act of 1971, No 8, ss. 174, 175 Second Sch.; Act of 1979, No. 19, s. 11.
32. ~ e ~ ~ ~ a ~ j ~ n s . A.G.T. s. 28, N.S.W. s, 2'9, Vie. s. 19.
s. 25, SA. s. 25. W.A. s. 23. Tas, s. $9. (1) The Governor in Council may from time to time make re g u ~ at i o ~ s , not inconsistent with this Act, prescribing all matters and things which by this Act are required or permitted to be prescribed or which are necessary or conveni~nt to be prescribed for carrying out or giving effect to this Act.
20 s.33 ~ ~ S ~ N E ~ S NAMES ACT 1962-1979
(2) Without affecting the generality of the provisions of subsection (a) prescribe the duties of the Commissjoner for thC purposes of (b) prescribe generally the conduct and regulation of registration
(c) prescribe-
(1) of this section, the regulations may- this Act;
under this Act;
(i) the time and manner of the submission of documents to the Commissioner for lodging or registration;
(iij the requirements with which documents lodged or to be lodged with the Com~niss~oner for the purposes of this Act
shall comply; and
(iii) the manner in which, and the persons by whom, and the directions or requirements in accordance with which, the forms prescribed for the purposes o f this Act, or any of them, shall or may be signed, prepared, or completed,
and generally regulate the submission of documents to the Co~Inissioner and the signing, preparation, and completion of forms prescribed for the purposes of this Act;
(d) prescribe the fees to be paid to the Commissioner under this Act;
(e) prescribe the cases in which, and conditions under and subject to which, the payment of fees may be waived by the Minister or by the ~ o m ~ i s s i o n e r ;
(f) prescribe and regulate the payment of additional fees on the late ~ o d g ~ e n t of documents;
(g) require that, in such cases as may be prescribed, documents required by or under this Act to be lodged with the Commissioner shall be verified by statutory dec~aration;
(h) prescribe forms for the purposes of this Act; and
(ij impose penalties, not: exceeding $40, for offences a g a i ~ s t
As amended by Act of 1971, No. 8, s. 175 ~ ~ Sch.; Act ~ nof 1976, d No. 90,
the regulations.
ss. 2, 3 Sch.
33. ~ ~ b l i c a ~ ~ o ~ of ~ ~ Q ~ ~ ~ r n a t i Q n s , regulations, etc. (1) Every Proclamation and regulation made under this Act shall-
(a) be published in the Gazette;
(b) upon its publication in the Gazette, be judicially noticed and such publication shall be conclusive evidence of the matters contained therein;
(c) take effect from the date of such p~blicatjon, unless, in the case of any such regulation, a later date is specified in that or any other regulation for its commencement when in such event it shall take effect from that later date; and
