Commonwealth Consolidated Acts

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Offence--carrying on a business under an unregistered business name

  (1)   An entity commits an offence if:

  (a)   the entity carries on a business under a name; and

  (b)   the name is not registered to the entity as a business name on the Business Names Register.

Penalty:   30 penalty units.

  (2)   Subsection   (1) does not apply if:

  (a)   the entity is an individual and the name is the individual's name; or

  (b)   the entity is a corporation and the name is the corporation's name; or

  (c)   the entity is a partnership and the name consists of all of the partners' names; or

  (d)   the name is registered to the entity on a notified State/Territory register; or

  (e)   an Act of the Commonwealth, a referring/adopting State or an affected Territory, or an instrument made under such an Act, specifies the name as the name of the entity; or

  (f)   the entity is a government body; or

  (g)   the entity is a notified successor in relation to the name; or

  (h)   other circumstances prescribed by the regulations for the purposes of this paragraph apply.

Note:   A defendant bears an evidential burden in relation to the matters in subsection   (2): see subsection   13.3(3) of the Criminal Code .

  (3)   Subsection   (1) is an offence of strict liability.

Note:   For strict liability, see section   6.1 of the Criminal Code .

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