Business Names Registration Act 2011
An entity commits an offence if: (a) the entity carries on a business under a name; and (b)
Penalty: 30 penalty units.
[ CCH Note: S 18(1) will be amended by No 69 of 2020, s 3 and Sch 1 item 116, by substituting " in accordance with this Act " for " on the Business Names Register " in para (b), effective 22 June 2022 or a day or days to be fixed by Proclamation. For transitional provisions, see note under s 23(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) other circumstances prescribed by the regulations for the purposes of this paragraph apply.
Subsection (1) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code .