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 does not display the name prominently at every place at which the entity carries on the business that is open to the public.
Penalty: 5 penalty units.20(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) the Minister has exempted the entity from the requirement in relation to the business name and the place, under subsection (4) ; or (i) other circumstances prescribed by the regulations for the purposes of this paragraph apply. 20(3)
Subsection (1) does not require an entity to display a name at a place 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 display the name at that place; or (b) displaying the name at the place 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 law of a referring/adopting State or an affected Territory may prohibit advertising in relation to gambling. A sign relating to gambling would not therefore be required to be displayed under this Act.20(4)
The Minister may, by determination in writing, exempt an entity from the requirement to display a specified name at a specified place, if the Minister is satisfied that the display of that name at that place 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.20(5)
Subsection (1) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code .