Business Names Registration Act 2011
An entity commits an offence if: (a) the entity carries on a business under a business name; and (b) the entity communicates in writing with another entity; and (c) that communication is a business document connected with carrying on the business under the name; and (d) the entity does not include clearly legible business names information in the document.
Penalty: 5 penalty units.19(2)
Business names information means the name and, if the entity has an ABN, the entity ' s ABN, where the business document is of one of the following kinds: (a) (b) a statement of account (including an invoice); (c) a receipt; (d) an order for goods or services; (e) a cheque; (f) a promissory note or bill of exchange; (g) an offer to provide goods or services (rather than an invitation to treat).
[ CCH Note: S 19(2) will be amended by No 69 of 2020, s 3 and Sch 1 item 117, by substituting " given to ASIC or the Registrar " for " lodged with ASIC " in para (a), effective 22 June 2022 or a day or days to be fixed by Proclamation. For transitional provisions, see note under s 23(2) .]
In any other case, business names information means the name. 19(4)
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) the Minister has exempted the entity from the requirement in relation to the business and the business name, under subsection (6) ; or (i) other circumstances prescribed by the regulations for the purposes of this paragraph apply. 19(5)
Subsection (1) does not require an entity to include a name or the entity ' s ABN in a written communication in circumstances where: (a) it would be contrary to the law of the Commonwealth or of a referring/adopting State or an affected Territory to include the name or the entity ' s ABN in the communication; or (b) the inclusion of the name in the communication would directly or indirectly give rise to a representation that would be contrary to the law of the Commonwealth or of a referring/adopting State or an affected Territory; or (c) the use of the name by the entity would be contrary to the law of the Commonwealth or of a referring/adopting State or an affected Territory.
As an example, the use of a name would be contrary to the law of a referring/adopting State or an affected Territory if the law of that jurisdiction provided that the name could not be used without the consent of a relevant authority and that consent was not obtained.19(6)
The Minister may, by determination in writing, exempt an entity from the requirement to include a name or the entity ' s ABN in a written communication in connection with a specified business carried on under a specified business name, if the Minister is satisfied that the inclusion of that information in a written communication would create a serious risk to: (a) public safety; or (b) significant infrastructure such as:
(i) transport infrastructure; or
(ii) energy infrastructure; or
(iii) communications infrastructure; or
(iv) water infrastructure.
The determination is not a legislative instrument.19(7)
Subsection (1) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code .