New South Wales Consolidated Acts

PROPERTY AND STOCK AGENTS ACT 2002 - SECT 30

30 Business names

(1) A licensee must not, either alone or together with other persons, carry on business as a licensee under a name or advertise or hold out that the licensee carries on business as a licensee under a name unless--

(a) the name consists of the name of the licensee and the name of each other person, if any, with whom the licensee is carrying on, or advertising or holding out that the licensee is carrying on, business as a licensee, or

(b) the name is a business name registered under the Business Names Registration Act 2011 of the Commonwealth in relation to the licensee and each other person, if any, with whom the licensee is carrying on, or advertising or holding out that the licensee is carrying on, business as a licensee.

: Maximum penalty--50 penalty units.

(2) The name of a licensee (other than a corporation) consists of the licensee's full name, or the licensee's surname (or family name) together with--

(a) the licensee's other name or names, or

(b) the initial or initials of the licensee's other name or names, or

(c) a combination of one or more of the licensee's other name or names and the initial or initials of the licensee's remaining other name or names, or

(d) the other name or names by which the licensee is commonly known or the initial or initials by which the licensee is commonly known or any combination of one or more of those names or initials.

(3) The name of a licensee that is a corporation consists of the corporate name of the corporation.

(4) The Secretary may, by notice in writing to a licensee, direct that the licensee must not carry on business under a specified business name, being a name that--

(a) is the same as, or is a name closely resembling, the name under which a person who is a disqualified person or whose licence has been cancelled under or in pursuance of this Act was carrying on business immediately before the person became a disqualified person or the person's licence was cancelled, or

(b) implies or is capable of being construed as implying that the licensee is the successor in the business, or in any way interested or concerned in continuing the business as a licensee, of a person who is a disqualified person or whose licence has been cancelled under or in pursuance of this Act, or

(c) is, in the opinion of the Secretary and in the circumstances of any particular case, undesirable as being contrary to the public interest.

(5) A licensee must not contravene a direction under subsection (4).

: Maximum penalty--50 penalty units.

(6) The provisions of this section are intended to operate as referred to in sections 12 (2) (e), 19 (5) and 20 (3) of the Business Names Registration Act 2011 of the Commonwealth.

Note : Section 12 (2) (e) of the Business Names Registration Act 2011 of the Commonwealth (the
"Commonwealth Act" ) provides that the business names legislation referred to in that section is not intended to exclude or limit the concurrent operation of a law of a State that imposes obligations on an entity or class of entities that are in addition to obligations imposed under that Act.
Sections 19 (5) and 20 (3) of the Commonwealth Act also provide that an entity does not commit an offence under those sections concerning the inclusion or display of registered business names in written communications and at places of business if the inclusion, use or display of a business name in such a communication or at such a place would be contrary to a law of a State.