Corporations Act 2001
A registered Australian body or registered foreign company must not carry on business under a name in this jurisdiction unless subsection (2) or (3) authorises the body or company to use the name. 601DD(1A)
An offence based on subsection (1) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .
The body or company may use the name if the company or body is registered under that name under Part 5B.2 . 601DD(3)
A registered Australian body may use a name in the State or Territory that is its place of origin if the name is registered to the body on the Business Names Register.
[ CCH Note: S 601DD(3) will be amended by No 69 of 2020, s 3, Sch 1, by substituting " under the Business Names Registration Act 2011 " for " on the Business Names Register " , (effective 22 June 2022 or a day or days to be fixed by Proclamation).]
[ CCH Note: The Business Names Registration (Application of Consequential Amendments) Act 2011 (Act No 172 of 2011), s 3, Sch 1 contained the following application provision (effective 20 April 2012):
Application of amendments to the Corporations Act 2001
(1) The amendments made by items 15, 16, 17 and 19 of Schedule 2 to the Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Act No 127 of 2011) apply in relation to the availability of names on or after the change-over day. [ CCH Note: change-over day means the day on which Part 2 of the Business Names Registration Act 2011 (Act No 126 of 2011) commences, ie 28 May 2012.]
(2) The amendments made by items 18 and 20 of Schedule 2 to the Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Act No 127 of 2011) apply in relation to things done on or after the change-over day.