South Australian Numbered Acts

BUSINESS NAMES (COMMONWEALTH POWERS) ACT 2012 (NO 4 OF 2012) - SECT 4

4—Continuing business names matters

        (1)         Each of the following matters is a "continuing business names matter" to the extent that it is included in the legislative powers of the Parliament of the State:

            (a)         the registration of business names;

            (b)         the regulation of the use of business names to assist entities who engage with an entity carrying on a business under a business name to identify the entity;

            (c)         the regulation of the use of business names to assist entities who engage with an entity carrying on a business under a business name to contact the entity;

            (d)         the regulation of the use of business names to reduce the risks that arise from an entity carrying on a business under a name that is not the entity’s own;

            (e)         the prohibition or restriction of the use of business names that are undesirable, offensive or confusing;

            (f)         the prohibition or restriction of the use of business names by an entity because—

                  (i)         the entity has engaged in unlawful conduct, or

                  (ii)         a person involved in the management of the entity has engaged in unlawful conduct.

        (2)         However, none of the following matters is a continuing business names matter:

            (a)         the imposition of a restriction on a government body affecting the ability of the body to carry on business under a name;

            (b)         the imposition of a restriction on an entity affecting the ability of the entity to carry on business under a name registered to the entity on a notified State register;

            (c)         the imposition of a restriction on an entity affecting the ability of the entity to carry on business under a name that is specified as the name of the entity in a State law;

            (d)         the imposition of an obligation on a government body to include a name in a communication or to display a name;

            (e)         the imposition of an obligation on an entity to include in a communication, or to display, a name that is registered to the entity on a notified State register;

            (f)         the imposition of an obligation on an entity to include in a communication, or to display, a name that is specified as the name of the entity in a State law;

            (g)         the omission of an exemption provision without the insertion of an equivalent provision, or the imposition of a limitation on the operation of an exemption provision;

            (h)         any matter relating to the imposition or payment of taxes under a State law.