South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
17—Certain convicted offenders not to use business names
(1) A person who has
been convicted within or outside this State—
(a) on
an indictment of an offence in connection with the promotion, formation or
management of a body corporate; or
(b) of
an offence involving fraud or dishonesty punishable by imprisonment for a
period, or maximum period, of at least three months; or
(c) of a
prescribed offence against the Companies (South Australia) Code , the
Corporations Law or the Corporations Act 2001 of the Commonwealth,
must not, within the period of five years after the conviction or, if the
person was sentenced to imprisonment on such conviction, within the period of
five years after release from prison—
(d)
commence (or recommence) to carry on business in this State under a business
name; or
(e) if
the conviction occurred after the commencement of this section—continue
to carry on business in this State under a business name,
unless—
(f) the
business name under which the person carries on business is not required to be
registered under this Act; or
(g) the
person has obtained the permission of the District Court to carry on business
under the business name.
Maximum penalty: $5 000.
(2) A person who
intends to make an application for the permission of the District Court under
this section must give the Commission at least 28 days' notice of the proposed
application.
(3) The Commission may
be represented and heard at the hearing of an application under this section.
(4) When granting
permission under this section, the District Court may impose such conditions
or limitations as it thinks fit and any person contravening or failing to
comply with any such condition or limitation is guilty of an offence.
Maximum penalty: $5 000.