Australian Capital Territory

Business Names act 1963
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
As at 10 November 1999
TABLE OF PROVISIONS
Section
	1.	Short title
	2.	Commencement
	3.	Repeal, savings and transitional provisions
	4.	Interpretation
	4A.	Fees
	5.	Certain business names to be registered
	6.	Register of business names
	7.	Registration of business names
	8.	Resident agent
	9.	Restriction on registration of undesirable business names
	10.	Cancellation of business names that are undesirable
	11.	Renewal of registration
	12.	Notification of changes in particulars relating to registered business names etc.
	13.	Duty to furnish information
	14.	Disability of persons in default
	15.	Signing of statements
	16.	Verification of particulars
	17.	Penalty for false statement
	18.	Notice of proposed cancellation
	19.	Cancellation of registration
	20.	Use and exhibition of business name

	21.	Registrar-General may correct errors in register etc.
	22.	Inspection of statements
	23.	Certificates of registration or non-registration
	24.	Evidence of registration or non-registration
	25.	Authority of Registrar-General to destroy documents
	26.	Invitations to the public to make deposits or loans
	27.	Proceedings against persons under a business name
	29.	Offences committed by corporations
	30.	Evidentiary provisions
	31.	Service of notices
	32.	Approved forms
	33.	Regulations

Australian Capital Territory

Business Names act 1963
An Act  to consolidate and amend the law relating to business names, and for other purposes
1. 	Short title
	This Act may be cited as the Business Names Act 1963.1
2. 	Commencement
	This Act shall come into operation on a date to be fixed by the Minister by notice in the Gazette.1
3. 	Repeal, savings and transitional provisions
(1) 	The Business Names Ordinance 1956 and the Business Names Ordinance 1961 are repealed.
(2) 	Notwithstanding the repeal effected by subsection (1), a certificate furnished, or copy of or extract from a statement certified, in pursuance of the repealed Act shall be as valid and effectual as it would have been if the repealed Act had not been repealed.
(3) 	A reference in any Act of the State of New South Wales continuing in force in the Territory as a law of the Territory, Act, order, regulation, instrument or document to firms, individuals or corporations registered under the repealed Act or any corresponding previous law of the Territory shall, unless the context otherwise requires, be construed as referring also to firms, the members of which, to individuals who or to corporations which, as the case may be, are carrying on business under a business name registered under this Act.

(4) 	A reference to the Registrar of Business-Names, the Registrar of Firms or the Registrar-General in any Act of the State of New South Wales continuing in force in the Territory as a law of the Territory, Act, order, regulation, instrument or document relating to any matter under or in connection with the repealed Act or any corresponding previous enactment shall, unless the context otherwise requires, be construed as referring to the Registrar-General of the Territory.
(5) 	A business name in respect of which a firm, individual or corporation was, immediately before the commencement of this Act, registered or deemed to be registered under the repealed Act shall, subject to this Act, on that commencement, be deemed to be registered under this Act in relation to each member of the firm, in relation to the individual or in relation to the corporation, as the case may be, and this Act shall apply to and in relation to the business name accordingly.
4. 	Interpretation
(1) 	In this Act, unless the contrary intention appears—
“approved form” means a form approved under section 32;
“business” includes trade and profession;
“business name” means a name, style, title or designation under which a business is carried on;
“carrying on business” includes establishing a place of business and soliciting or procuring any order from a person in the Territory and “to carry on business” has a corresponding meaning;
“christian name” includes any forename;
“corporation” means any body corporate formed or incorporated whether in the Territory or outside the Territory and includes any company, recognised company or foreign company within the meaning of section 9 of the Corporations Law;
“determined fee” means a fee determined under section 4A for the purposes of the provision in which the expression occurs;
“director”, in relation to a corporation, includes any person occupying the position of director of the corporation by whatever name called;
“firm” means an unincorporated body of persons (whether consisting of individuals or of corporations or partly of individuals and partly of corporations) associated together for the purpose of carrying on business;
“individual” means a natural person and does not include a corporation;
“initial” includes a recognised abbreviation of a christian name;
“process” includes any writ, summons, plaint, pleading, order or document in or relating to any legal proceedings;
“the register” means the register of business names kept under this Act;
“the repealed Act” means the Business Names Ordinance 1956;
“secretary”, in relation to a corporation, includes any person performing the duties of secretary of the corporation and, in relation to a corporation registered under Division 2 of Part 4.1 of the Corporations Law, includes the agent of the corporation appointed for the purpose of that Division;
“this Act” includes the Regulations.
(2) 	For the purposes of this Act, a person shall not be regarded as carrying on business within the Territory for the reason only that within the Territory he or she—
	(a)	is or becomes a party to any action or suit or any administrative or arbitration proceeding, or effects settlement of an action, suit or proceeding or of any claim or dispute;
	(b)	maintains any account at a bank, credit union or building society;
	(c)	effects any sale through an independent contractor;
	(d)	creates evidence of any debt or creates a charge on real or personal property;
	(e)	secures or collects any of his or her debts or enforces his or her rights in regard to any securities relating to such debts;
	(f)	conducts an isolated transaction that is completed within a period of 31 days, but not being 1 of a number of similar transactions repeated from time to time; or
	(g)	invests any of his or her funds or holds any property.
(3) 	For the purposes of this Act, a business name shall be deemed to be registered under this Act in relation to a person if it appears from the register that that person either alone or together with other persons is carrying on business under that name.
4A. 	Fees
(1) 	The Minister may by notice determine fees for the purposes of this Act.
(1A) 	A determination under subsection (1) may, in addition to the matters in respect of which a determined fee is otherwise payable under this Act, provide for the payment of a fee in respect of—
	(a)	the lodgment, or late lodgment, of a statement or other document with the Registrar-General pursuant to this Act;
	(b)	the inspection or search of the register, a statement or other document kept by or in the custody of the Registrar-General;
	(c)	the production by the Registrar-General of the register, a statement or other document kept by or in the custody of the Registrar-General;
	(d)	the issue by the Registrar-General of a statement or other document or a copy or extract of that statement or document; and
	(e)	any approval given, or other act done, by the Registrar-General for the purposes of this Act for which a fee is not otherwise determined.
(2) 	Where a fee is payable to the Registrar-General, for or in respect of the lodging of a document with the Registrar-General, the document shall be deemed not to have been lodged until the fee has been paid to the Registrar-General.
(3) 	Where a fee is payable to the Registrar-General for or in respect of the doing of an act by the Registrar-General, the Registrar-General is not required to do that act until the fee has been paid to the Registrar-General.
(4) 	Where a fee is payable for the late lodgment of a statement or other document, the Registrar-General may waive payment of the fee if the statement or document was lodged late because of circumstances beyond the control of the person lodging the statement or document.
5. 	Certain business names to be registered
(1) 	A person shall not, either alone or in association with other persons, carry on business in the Territory under a business name, unless—
	(a)	the business name consists of the name of that person and the name of each other person (if any) in association with whom that person is so carrying on business, without any addition; or
	(b)	the business name is registered under this Act in relation to that person and each other person (if any) in association with whom that person is so carrying on business;
and, where the business name is so registered, the provisions of section 12 which are required to be complied with by or on behalf of the person or persons in relation to whom the name is registered have been complied with.
Penalty:
	(a)	if the offender is a natural person—50 penalty units;
	(b)	if the offender is a body corporate—250 penalty units.
(2) 	For the purposes of subsection (1), the name of a person consists of—
	(a)	in the case of an individual—his or her full name, or his or her surname together with—
	(i)	his or her christian name or names;
	(ii)	the initial or initials of his or her christian name or names;
	(iii)	a combination of 1 or more of his or her christian names and the initial or initials of his or her remaining christian name or names; or
	(iv)	the christian name or names by which he or she is commonly known or the initial or initials by which he or she is commonly known or any combination of 1 or more of such names and such initials; or
	(b)	in the case of a corporation—the corporate name of the corporation.
(3) 	The addition to a business name of words indicating that the business is carried on in succession to a former owner of the business shall, for the purposes of subsection (1), be deemed not to be an addition to the business name.
(4) 	Where a business is carried on by an official receiver, a trustee in bankruptcy or a trustee under a deed or scheme of arrangement entered into under a law of the Commonwealth relating to bankruptcy or by a receiver, manager or other person appointed by any court or under the powers contained in any instrument to carry on the business, the business shall, for the purposes of this Act, be deemed to be carried on by the person who carried on the business immediately before the appointment of the receiver, trustee, manager or other person.
(5) 	Notwithstanding anything in this Act, a contravention of or failure to comply with any provision thereof shall not operate to avoid any agreement, transaction, act or matter.
6. 	Register of business names
(1) 	The Registrar-General shall keep a register of business names registered under this Act in such form as the Registrar-General thinks fit.
(2) 	A statement lodged under this Act in relation to a business name registered under this Act, whether lodged before or after the registration, shall, for the purposes of this Act, be deemed to be incorporated with and to form part of the register.
(3) 	The register and index of the business names of firms, individuals and corporations registered or deemed to have been registered under the repealed Act and any statement or notice furnished or sent to the Registrar of Business-Names, the Registrar of Firms or the Registrar-General under the repealed Act or any corresponding previous law of the Territory shall be deemed to be incorporated with and to form part of the register kept under this Act.
7. 	Registration of business names
(1) 	An application for the registration of a business name shall be made by lodging with the Registrar-General a statement in the approved form which shall be signed by the person or persons carrying on or proposing to carry on business in the Territory under that name and shall set out—
	(a)	the business name;
	(b)	a concise description of the true nature of the business carried on or proposed to be carried on under that name by the applicant or applicants;
	(c)	the address of each place in the Territory where the business is or is proposed to be carried on showing, if the business is or is proposed to be carried on at more than 1 place in the Territory, which of those places is the principal place of business;
	(d)	the christian names and surname, any former christian names or surname and the usual place of residence of each applicant who is an individual and the corporate name and the place of the registered office in the Territory of each applicant which is a corporation;
	(e)	the date or proposed date of commencement of the carrying on of business in the Territory under the business name by the applicant or applicants; and
	(f)	where the business name is a name adopted by the applicant or applicants in substitution for another name—that other name.
(1A) 	An application under subsection (1) shall be accompanied by the determined fee.
(2) 	If any applicant is an infant, he or she shall be so described in the statement and the date of his or her birth shall be set out in the statement.
(3) 	Subject to this Act, the Registrar-General shall, upon the lodging of a statement under subsection (1) in relation to a business name, register the business name.
(4) 	The Registrar-General shall, upon registering a business name, issue a certificate of registration in the approved form.
(5) 	The Registrar-General shall, on payment of the determined fee, issue a further certificate of registration.
(6) 	A business name shall not be registered under this Act if the statement referred to in subsection (1) is lodged with the Registrar-General on a date preceding by more than 2 months the date shown in the statement as the proposed date of commencement of carrying on business.
(7) 	The Registrar-General may refuse to register a business name if he or she is not satisfied that the particulars set out in the statement lodged under subsection (1) are correct.
8. 	Resident agent
(1) 	Where a business name is required to be registered under this Act and the person or all the persons carrying on or proposing to carry on business in the Territory under that name resides or reside outside the Territory, or has or have no fixed address or fixed addresses within the Territory, the statement referred to in subsection 7 (1), or in subsection 11 (1), as the case may be, shall—
	(a)	include the name and address of some person resident in the Territory who, in relation to the carrying on of business under that name—
	(i)	has consented in writing to be the resident agent of the person or persons for the purposes of this Act; and
	(ii)	is authorised in writing by the person or persons to accept service on behalf of the person or persons of any notices for the purposes of this Act and of any process; and
	(b)	in addition, be signed by the person who has consented to be the resident agent.
(2) 	The address shown in any statement lodged with the Registrar-General under this Act as the address of the resident agent appointed for the purposes of this Act by the person or persons in relation to whom a business name is registered shall, for the purpose of serving any notice or process on the person or persons under this Act, be deemed to be the address of a place where business is carried on by the person or persons under that name.
9. 	Restriction on registration of undesirable business names
(1) 	Except with the consent of the Minister, a business name shall not be registered under this Act if the business name is a name that is in the opinion of the Registrar-General, undesirable or is a name or a name of a kind that the Australian Securities and Investments Commission has been directed, under section 367 of the Corporations Law, not to accept for registration.
(3) 	An application for the consent of the Minister under this section shall be lodged with the Registrar-General and shall be accompanied by the determined fee.
(4) 	Where the Minister gives consent under this section to the registration of a business name, the Registrar-General shall file the consent and shall, subject to this Act and on payment of the determined fee, register the business name.
10. 	Cancellation of business names that are undesirable
(1) 	If a business name which could not be registered under this Act without contravention of subsection 9 (1) is registered through inadvertence or otherwise, the Registrar-General may send by post a notice addressed to the person or persons in relation to whom the name is so registered at the place shown in the register as the place where business is carried on under that name—
	(a)	stating that the Registrar-General proposes to cancel the registration of that name upon the expiration of such period (being a period of not less than 28 days) as is specified in the notice; and
	(b)	setting out the Registrar-General’s reasons for the proposed cancellation;
and, upon the expiration of that period, the Registrar-General may, if the notice has not been annulled under subsection (3), cancel the registration of that name.
(2) 	The Registrar-General shall not, except with the approval of the Minister, exercise his or her powers under subsection (1) with respect to a business name that is deemed to be registered under this Act by virtue of subsection 3 (5).
(3) 	The Minister may, at any time before the expiration of the period specified in a notice given by the Registrar-General under subsection (1), annul the notice.
(4) 	The Registrar-General may remit any fee payable in respect of an application for the registration of a new business name in place of a business name the registration of which is cancelled under subsection (1).
11. 	Renewal of registration
(1) 	Subject to this Act, the registration of a business name remains in force for a period of 3 years, but the registration may from time to time be renewed by lodging with the Registrar-General at any time within the period of 1 month before or after the expiry of the registration, a statement in the approved form signed by the person or 1 of the persons in relation to whom the name is registered.
(1A) 	A statement lodged under subsection (1) shall be accompanied by the determined fee.
(2) 	Subject to this Act, the registration of a business name renewed under subsection (1) remains in force for a period of 3 years from the day on which the previous registration expires or has expired, as the case may be.
(3) 	Subject to subsection (5), the Registrar-General shall, before or after the expiration of the registration of a business name, but not earlier than 1 month before the expiration, send by post to the person or persons in relation to whom the business name is or was registered, at the place shown in the register as the place where business is carried on under that name, a notice of the date on which the registration is due to expire or has expired, as the case may be.
(4) 	Where the registration of a business name has expired, the Registrar-General shall not accept for registration from any person or persons, other than the person or persons in relation to whom the business name was registered, any business name that is identical with that business name or that, in the opinion of the Registrar-General, so nearly resembles it as to be calculated to deceive, until the expiration of 1 month after the sending of the notice referred to in subsection (3) or the notice referred to in paragraph (5) (b), as the case may be.
(5) 	The following provisions shall apply in relation to a business name which is deemed to be registered under this Act by virtue of being registered or having been deemed to have been registered under the repealed Act:
	(a)	the registration of the business name shall, subject to this Act, remain in force until a date fixed by the Registrar-General, notwithstanding anything to the contrary contained in subsection (1);
	(b)	notice in writing of the date so fixed shall be posted by the Registrar-General to the person or persons in relation to whom the business name is registered at the place shown in the register as the place where business is carried on under that name;
	(c)	the date fixed by the Registrar-General shall be a date not less than 1 month after the notice in writing has been sent by post to such person or persons;
	(d)	no such notice in writing shall be sent by the Registrar-General until the expiration of a period of at least 3 years from the date upon which the name was registered or deemed to be registered under the repealed Act;
	(e)	the Registrar-General shall not be required to send to the person or persons in relation to whom the business name is or was registered the notice referred to in subsection (3);
	(f)	subject to this subsection, the registration of the business name may be renewed in the manner prescribed by this section; and
	(g)	after the renewal of the registration of the business name, the provisions of this subsection shall cease to apply in relation to the business name.
12. 	Notification of changes in particulars relating to registered business names etc.
(1) 	Where a business name is registered under this Act and a change occurs—
	(a)	which renders the description of the nature of the business lodged with the Registrar-General insufficient to disclose the true nature of the business;
	(b)	in relation to the place or places in the Territory at which business is carried on under that name or in the address of any such place; or
	(c)	in the registered particulars relating to the resident agent of the person or persons in relation to whom the name is registered;
there shall be lodged with the Registrar-General within 14 days after the change, or within such further time as the Registrar-General may, before the expiration of that period, allow, a statement in the approved form, signed by the person or 1 of the persons in relation to whom the name is registered at the time of the change, notifying the Registrar-General of particulars of and of the date of the change.
(2) 	Where a change occurs in the christian names or surname or the place of residence of any person, being an individual, in relation to whom a business name is registered under this Act, or in the corporate name or the place of the registered office in the Territory of a person, being a corporation, in relation to which a business name is registered under this Act, there shall be lodged with the Registrar-General within 14 days after the change, or within such further time as the Registrar-General may, before the expiration of that period, allow, a statement in the approved form, signed by that person, notifying the Registrar-General of particulars of and of the date of the change.
(3)  Where a business name is registered under this Act in relation to a person or persons and that person ceases, or all or any of those persons cease, to carry on business in the Territory under that name, there shall be lodged with the Registrar-General within 14 days after the cessation, or within such further time as the Registrar-General may, before the expiration of that period, allow, a statement in the approved form, notifying the Registrar-General of the cessation and of the date of the cessation, signed by each person who was carrying on business under that name immediately before the cessation or, in the case of a deceased person, by his or her personal representative.
(4) 	Where, immediately after a cessation referred to in subsection (3), the person or all of the persons carrying on business under the business name is not or are not resident within the Territory or does not or do not have a fixed address or fixed addresses within the Territory, the statement referred to in that subsection shall—
	(a)	include the name and address of some person resident in the Territory who, in relation to the carrying on of business under that name—
	(i)	has consented in writing to be the resident agent of the person or persons for the purposes of this Act; and
	(ii)	is authorised in writing by the person or persons to accept service on behalf of the person or persons of any notices for the purposes of this Act and of any process; and
	(b)	be signed by the person who has consented to be the resident agent.
(5) 	Where a business name is registered under this Act in relation to a person or persons and another person or other persons commences or commence to carry on business in the Territory under that name in place of or in association with any person or persons in relation to whom the name is already registered, there shall be lodged with the Registrar-General within 14 days after the commencement, or within such further time as the Registrar-General may, before the expiration of that period, allow, a statement in the approved form, notifying the Registrar-General of the commencement and of the date of the commencement, signed by each person carrying on business under that name immediately after the commencement and setting out, in relation to each person required to sign the statement—
	(a)	being an individual—the christian names and surname and any former christian names or surname and the usual place of residence of the individual and, where the individual is an infant, in addition to the particulars referred to in this paragraph, he or she shall be so described, and his or her date of birth set out, in the statement; or
	(b)	being a corporation—the corporate name and the place of the registered office in the Territory of the corporation.
(6) 	Where, immediately after a commencement referred to in subsection (5), the person or all of the persons carrying on business under the business name is not or are not resident within the Territory or does not or do not have a fixed address or fixed addresses within the Territory, the statement referred to in that subsection shall—
	(a)	include the name and address of some person resident in the Territory who, in relation to the carrying on of business under that name—
	(i)	has consented in writing to be the resident agent of the person or persons for the purposes of this Act; and
	(ii)	is authorised in writing by the person or persons to accept service on behalf of the person or persons of any notices for the purposes of this Act and of any process; and
	(b)	in addition, be signed by the person who has consented to be the resident agent.
(7) 	Where, while a person is the resident agent of a person or persons in relation to whom a business name is registered under this Act, the person or any 1 or more of the persons in relation to whom the name is registered commences or commence to reside within the Territory or acquire or acquires a fixed address or fixed addresses within the Territory, there shall be lodged with the Registrar-General within 14 days after the person or persons so commenced to reside or acquired a fixed address or fixed addresses, or within such further time as the Registrar-General may, before the expiration of that period, allow, a statement in the approved form, signed by the person or 1 of the persons in relation to whom the business name is registered—
	(a)	notifying the Registrar-General that the person appointed to be the resident agent of the person or persons in relation to whom the business name is registered has ceased to be the resident agent of such person or persons; and
	(b)	setting out the name or names of the person or persons in relation to whom the business name is registered who has or have commenced to reside or has or have acquired a fixed address or fixed addresses within the Territory, and the usual place or places of residence or the fixed address or fixed addresses within the Territory of such person or persons.
(8) 	Where, while a person is the resident agent of a person or persons in relation to whom a business name is registered under this Act, another person or other persons commences or commence to carry on business in the Territory under that name in place of or in association with any person or persons in relation to whom the name is already registered and that other person or 1 or more of those other persons resides or reside within the Territory or has or have a fixed address or fixed addresses within the Territory, there shall be lodged with the Registrar-General within 14 days after the commencement, or within such further time as the Registrar-General may, before the expiration of that period, allow, a statement in the approved form, signed by the person or 1 of the persons carrying on business under that name after the commencement—
	(a)	notifying the Registrar-General that the person who was the resident agent of the person or persons in relation to whom the business name was registered immediately before the commencement is not or has ceased to be the resident agent of the person or persons carrying on business under that name immediately after the commencement; and
	(b)	setting out the name or names of that other person or those other persons who resides or reside within the Territory or has or have a fixed address or fixed addresses within the Territory, and the usual place or places of residence or the fixed address or fixed addresses within the Territory of that other person or those other persons.
(9) 	Where a business name is registered under this Act and a person appointed to be the resident agent of the person or persons in relation to whom the name is registered ceases to reside within the Territory or ceases to be the resident agent of that person or those persons, there shall be lodged with the Registrar-General within 14 days after the cessation, or within such further time as the Registrar-General may, before the expiration of that period, allow, a statement in the approved form, notifying the Registrar-General of the name and address of some other person resident within the Territory who is appointed to be the resident agent of the person or persons in relation to whom the name is registered in place of or in succession to the person who has ceased to be so resident or who has ceased to be the resident agent of that person or those persons, and of the date of the appointment—
	(a)	signed by the person or 1 of the persons in relation to whom the name is registered and by the person so appointed; and
	(b)	showing that the person so appointed, in relation to the carrying on of business under that name—
	(i)	has consented in writing to be the resident agent of the person or persons for the purposes of this Act; and
	(ii)	is authorised in writing by the person or persons to accept service on behalf of the person or persons of any notices for the purposes of this Act and of any process.
(10)  Where a business name is registered under this Act and the person or all the persons in relation to whom the name is registered ceases or cease to reside within the Territory or to have a fixed address or fixed addresses within the Territory, there shall be lodged with the Registrar-General within 14 days after that person or those persons has or have ceased to so reside or to have a fixed address or fixed addresses, or within such further time as the Registrar-General may, before the expiration of that period, allow, a statement in the approved form, notifying the Registrar-General of the name and address of some other person resident in the Territory who is appointed to be the resident agent of the person or persons in relation to whom the name is registered, and of the date of the appointment—
	(a)	signed by the person or 1 of the persons in relation to whom the name is registered and by the person so appointed; and
	(b)	showing that the person so appointed, in relation to the carrying on of business under that name—
	(i)	has consented in writing to be the resident agent of the person or persons for the purposes of this Act; and
	(ii)	is authorised in writing by the person or persons to accept service on behalf of the person or persons of any notices for the purposes of this Act and of any process.
(11) 	If a statement required by a provision of this section to be lodged with the Registrar-General is not lodged in accordance with the provision or, if lodged, does not comply with the provision, each person required or authorised by the provision to sign the statement shall, unless he or she proves that he or she took all reasonable steps to ensure compliance with the provision, be guilty of an offence against this Act.
Penalty:
	(a)	if the offender is a natural person—10 penalty units;
	(b)	if the offender is a body corporate—50 penalty units. 
(12) 	Where, by reason of a person commencing to carry on business under a business name registered under this Act a statement is lodged with the Registrar-General in accordance with subsection (5), neither that person nor any other person shall be guilty of an offence against section 5 by reason only that, before the lodging of the statement, he or she carried on business under that name.
(13) 	Any statement required to be lodged with the Registrar-General under this section with respect to any matter may be combined with a statement required to be lodged under this section with respect to another matter.
(14) 	A statement lodged under—
	(a)	subsection (1), other than in respect of a change of particulars of the kind referred to in paragraph (1) (b); or
	(b)	subsection (2), (5), (7), (8), (9) or (10);
shall be accompanied by the determined fee.
13. 	Duty to furnish information
(1) 	The Registrar-General may, by notice in writing, require any person to furnish within a period specified in the notice (being a period of not less than 28 days), or within such further period as the Registrar-General may, before the expiration of that period, allow, such information as appears to the Registrar-General to be necessary to enable him or her to ascertain whether or not a person—
	(a)	is carrying on business either alone or in association with other persons under a business name that is required to be registered under this Act; or
	(b)	has failed to lodge with the Registrar-General a statement required to be lodged under this Act.
(2) 	A person required under subsection (1) to furnish information to the Registrar-General shall, within the period specified in the notice, or within such further period as the Registrar-General has allowed, furnish such information as it is within his or her power to furnish and shall not furnish any information which to his or her knowledge is false in any material particular.
Penalty for failing to so furnish information:
	(a)	if the offender is a natural person—50 penalty units;
	(b)	if the offender is a body corporate—250 penalty units.
Penalty for furnishing false information:
	(a)	if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;
	(b)	if the offender is a body corporate—250 penalty units. 
(3) 	A person shall not be excused from furnishing any information where required to do so under subsection (1) on the ground that the information might tend to incriminate him or her or make the person liable to a penalty but the information furnished by him or her shall not be admissible in evidence against  the person in any proceedings civil or criminal.
14. 	Disability of persons in default
	Where a person carrying on business under a business name in contravention of section 5, or a person who, being required to lodge a statement under section 12 in relation to a business name, fails to lodge that statement, commences any suit or action in that business name or in respect of a cause of action arising out of any dealing in or under that business name, the court before which the suit or action is commenced may order the person to cease to contravene section 5 or to cause the statement to be lodged, as the case may be, and may stay all proceedings in the suit or action until the order is complied with or may allow the proceedings to be continued on an undertaking being given by the person that he or she will comply with the order within such time as is limited by the court.
15. 	Signing of statements
(1) 	Any statement lodged with the Registrar-General under this Act shall be deemed to be signed by a person who is required to sign the statement if—
	(a)	in the case of an individual—it is signed on his or her behalf by a person authorised in writing to so sign the statement; or
	(b)	in the case of a corporation—it is signed by a director or manager or the secretary of the corporation.
(2) 	Notwithstanding any other provision of this Act, where the Registrar-General is satisfied that it is not practicable to obtain the signature of a person required by this Act to sign a statement, the Registrar-General may accept the statement for registration without its being signed by that person, but a person is not relieved of the requirement to sign a statement and a statement not signed by any person is not evidence relating to that person’s interest in a business by reason only of its registration under this Act.
16. 	Verification of particulars
	The Registrar-General may in a particular case, if he or she thinks fit, refuse to accept a statement required to be lodged with the Registrar-General under this Act unless the particulars set out in the statement are verified by a statutory declaration under the Statutory Declarations Act 1959 of the Commonwealth made by a person who signed the statement.
17. 	Penalty for false statement
	A person shall not sign or lodge with the Registrar-General a statement made or purporting to be made for the purposes of this Act which to his or her knowledge is false in any material particular and a person shall not authorise or permit the lodging with the Registrar-General of such a statement which to his or her knowledge is false in any material particular.
Penalty:
	(a)	if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;
	(b)	if the offender is a body corporate—250 penalty units.
18. 	Notice of proposed cancellation
(1) 	Where the Registrar-General has reasonable cause to believe that a person or persons in relation to whom a business name is registered under this Act is not or are not carrying on business in the Territory under that name, the Registrar-General may send by post a notice addressed to the person or persons at the place shown in the register as the place where business is carried on under that name, enquiring whether the person is or the persons are carrying on business under the name and stating that, unless the Registrar-General is satisfied within 1 month from the date of the notice that business is being carried on in the Territory by that person or those persons under that name, the registration of the business name may be cancelled.
(2) 	Where the Registrar-General has reasonable cause to believe that any provision of section 12 which is required to be complied with by or on behalf of the person or persons in relation to whom a business name is registered under this Act has not been complied with, the Registrar-General may send by post a notice addressed to the person or persons at the place shown in the register as the place where business is carried on under that name stating that, unless within 1 month from the date of the notice that provision is complied with or the Registrar-General is satisfied that there was in fact no failure to comply with the provision, the registration of the business name may be cancelled.
19. 	Cancellation of registration
(1) 	The Registrar-General may cancel the registration of a business name—
	(a)	if there is lodged with the Registrar-General a statement under section 12 notifying the Registrar-General that the person or all the persons in relation to whom the business name is registered has or have ceased to carry on business in the Territory under that name and it does not appear from that statement or another statement accompanying that statement that another person has or other persons have commenced to carry on business in the Territory under that name;
	(b)	if the Registrar-General has sent a notice to any person or persons in respect of the business name under subsection 18 (1) and that person does not, or those persons do not, satisfy the Registrar-General within 1 month from the date of the notice that business is being carried on in the Territory by that person or those persons under that name;
	(c)	if the Registrar-General has sent a notice to any person or persons under subsection 18 (2) and within 1 month after the date of the notice the provision of section 12 to which the notice relates has not been complied with or the person does not or those persons do not satisfy the Registrar-General that there was no failure to comply with the provision; or
	(d)	if the business name is registered in relation to a corporation only and the name of the corporation has been struck off any register of corporations kept under the Corporations Law or the corporation has been dissolved.
(2) 	The Registrar-General may, on any grounds which he or she thinks sufficient, revoke any cancellation by the Registrar-General of the registration of a business name and, in that event, the business name shall be deemed to have continued to be registered as if the registration had not been cancelled.
(3) 	Where the registration of a business name has been cancelled under this section, a person in relation to whom the business name was registered immediately before the cancellation may apply to the Supreme Court for an order directing the Registrar-General to restore the registration of the business name.
(4) 	On an application under subsection (3), the Supreme Court may, if it is satisfied that the applicant is carrying on business under the business name and that it is just and equitable so to do, make the order applied for upon such terms as the Court thinks fit.
(5) 	Upon the making of an order by the Supreme Court under subsection (4), the business name shall be deemed to have continued to be registered as if the registration had not been cancelled and the Registrar-General, upon the lodging with the Registrar-General of an office copy of the order, shall make such entries and alterations in the register as the Registrar-General considers necessary for the purposes of the order.
20. 	Use and exhibition of business name
	Where a business name is registered under this Act—
	(a)	a person or persons in relation to whom a business name is registered shall not issue or sign in connection with the carrying on of that business any business letter, statement of account, invoice, official notice, publication, order for goods or receipt unless the business name appears in legible characters on it;
	(b)	the business name shall at all times be displayed in a conspicuous position on the outside of every place at which business is carried on under that name; and
	(c)	the certificate of registration of the business name shall at all times be exhibited in a conspicuous position at the place where business is carried on under that name or, if there is more than 1 such place, at the principal place where business is so carried on;
and, in the event of a contravention of this section, each person carrying on business under that name shall, unless the person proves that he or she took all reasonable steps to ensure compliance with this section, be guilty of an offence against this Act.
Penalty:  5 penalty units.
21. 	Registrar-General may correct errors in register etc.
(1) 	The Registrar-General may, on such evidence as to him or her appears sufficient, correct any error in any entry in the register or in any certificate of registration of a business name.
(2) 	When correcting an error under subsection (1), the Registrar-General shall not erase or render illegible the original words and shall affix the date upon which the correction was made together with his or her initials.
(3) 	Any entry or certificate corrected under this section shall have the same validity and effect as if the error had not been made.
(4) 	The Registrar-General may accept and register a statement lodged to correct any error in, or to supply any particular omitted from, a statement previously lodged and registered and, in that event, the statement previously lodged and that lodged under this subsection shall be read as one and shall both be incorporated with and form part of the register.
22. 	Inspection of statements
	A person may, on payment of the determined fee, inspect any statement lodged with the Registrar-General under this Act or filed under the repealed Act or any corresponding previous law of the Territory, which has not been destroyed in pursuance of section 25 and may make a copy of the statement or take extracts from it.
23. 	Certificates of registration or non-registration
(1) 	The Registrar-General shall, upon request in writing by any person, issue to that person—
	(a)	a copy of or extract from the register or a copy of or extract from a document forming part of the register certified under his or her official seal to be a true copy or extract; or
	(b)	a certificate under his or her official seal that a business name was or was not on a date or during a period specified in the certificate registered under this Act in relation to a person or that a firm, individual or corporation was or was not on a date or during a period specified in the certificate registered under the repealed Act or any corresponding previous law of the Territory.
(2) 	The Registrar-General shall not issue a copy, extract or certificate under subsection (1) in respect of a statement or notice which has been destroyed in pursuance of section 25 or in respect of a date or a period ending on a date earlier by more than 12 years than the date of the receipt of the request.
24. 	Evidence of registration or non-registration
	A document purporting to be—
	(a)	a certificate of registration issued under this Act;
	(b)	a copy of or extract from the register or a copy of or extract from a document forming part of the register issued under paragraph 23 (1) (a);
	(c)	a certificate issued under paragraph 23 (1) (b); or
	(d)	a combination of 2 or more of the certificates, copies or extracts referred to in paragraphs (a), (b) and (c);
shall, in all courts and before all persons having authority to hear, receive and examine evidence, be prima facie evidence of any matter contained or set out in it.
25. 	Authority of Registrar-General to destroy documents
	The Registrar-General may, if in his or her opinion it is no longer necessary or desirable to retain them, destroy or dispose of any statement or notice lodged, filed, received or registered under this Act or under the repealed Act or any corresponding previous law of the Territory, where the registration of the business name or of the firm, individual or corporation, as the case may be, in respect of which the statement or notice was lodged, filed, received or registered has not been in force at any time during the preceding 12 years.
26. 	Invitations to the public to make deposits or loans
(1) 	Where a person is or the members of a firm are carrying on business in the Territory under a business name registered or required to be registered under this Act, no person shall use or make reference to that business name in any invitation to the public or in any advertisement inviting the public to deposit money with or lend money to that person or firm or use or make reference to a business name in connection with any deposit or loan.
Penalty:
	(a)	if the offender is a natural person—50 penalty units;
	(b)	if the offender is a body corporate—250 penalty units. 
(2) 	This section does not apply to an invitation to the public made by a public company in conformity with the requirements of the Corporations Law.
27. 	Proceedings against persons under a business name
(1) 	Proceedings may be taken and prosecuted in any court of competent jurisdiction against any person or persons in the business name under which the person is or the persons are carrying on business if that business name is not registered under this Act and the name shall, for the purpose of the proceedings, be a sufficient designation of the person or persons in all writs, summonses, plaints and other legal documents and instruments and any judgment obtained or order made in such proceedings may be enforced against that person or against those persons or any of those persons, as the case may be.
(2) 	Nothing in this section shall be construed as exempting any person from compliance with any provision of this Act.
29. 	Offences committed by corporations
	Where a person guilty of an offence against this Act—
	(a)	is a corporation; or
	(b)	is a person who purported to act for or on behalf of a corporation;
any director, manager, secretary or other officer of the corporation who was knowingly a party to the offence shall also be guilty of that offence.
30. 	Evidentiary provisions
	If, in any proceedings for an offence against this Act, proof is given that a business name has been displayed on any premises, and evidence is given from which the court may infer that the business name has reference to any business carried on at the premises, the person or persons carrying on the business shall, in the absence of proof to the contrary, be deemed to be carrying on the business under that business name.
31. 	Service of notices
(1) 	Where, by this Act, the Registrar-General is required or permitted to send a notice to the person or persons in respect of whom the business name is registered at the place where business is carried on under a business name, the notice may be sent by post addressed to the business name—
	(a)	at the place shown in the register as the place where business is so carried on;
	(b)	where more than 1 place is shown in the register as the place where business is carried on—
	(i)	at the place shown in the register as the principal place where business is so carried on; or
	(ii)	if no place is so shown as the principal place—at the place shown which appears first in the register as a place where the business is carried on; or
	(c)	if it appears from the register that there is, for the purposes of this Act, a resident agent—at the place shown in the register as the address of the resident agent in the Territory.
(2) 	Service of any communication, notice or process on any person or persons carrying on business under a business name registered under this Act—
	(a)	by leaving it at the place where business is carried on by the person or persons with some other person apparently in the service of the person or persons and apparently of or above the age of 16 years;
	(b)	where it appears from the register that there is a resident agent appointed for the purposes of this Act by the person or persons, by leaving it with the resident agent or with some other person apparently in the service of the resident agent and apparently of or above the age of 16 years; or
	(c)	by sending it by registered post or as certified mail addressed to—
	(i)	the person or persons at the place where business is carried on by the person or persons; or
	(ii)	the resident agent, where it appears from the register that there is a resident agent appointed for the purpose of this Act by the person or persons, at the place shown in the register as the address of the resident agent in the Territory;
shall be deemed to be personal service on the person or persons.
(3) 	In subsection (2)—
“the place where business is carried on” means—
	(a)	the place shown in the register as the place where business is carried on; or
	(b)	where more than 1 place is shown in the register as the place where business is carried on—
	(i)	the place shown in the register as the principal place where business is so carried on; or
	(ii)	if no place is so shown as the principal place—at the place shown which appears first in the register as a place where the business is carried on.
32. 	Approved forms
	An application, notice, statement or certificate made, sent, lodged or issued under this Act or the regulations shall be in a form approved by the Registrar-General and shall be completed in accordance with the directions (if any) set out in the form.
33. 	Regulations
	The Executive may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act, and in particular for prescribing matters for or in relation to—
	(c)	the duties of the Registrar-General for the purposes of this Act;
	(d)	generally the conduct and regulation of registration under this Act; and
	(e)	the imposition of penalties not exceeding—
	(i)	if the offender is a natural person—10 penalty units; or
	(ii)	if the offender is a body corporate—50 penalty units; 
for breaches of the regulations.

NOTES
1.	The Business Names Act 1963 as shown in this reprint comprises Act No. 12, 1963 amended as indicated in the Tables below.
	Citation of Laws—The Self-Government (Citation of Laws) Act 1989 (No. 21, 1989) altered the citation of most Ordinances so that after Self-Government day they are to be cited as Acts.  That Act also affects references in ACT laws to Commonwealth Acts.
2.	The Legislation (Republication) Act 1996 (No. 51, 1996) authorises the Parliamentary Counsel in preparing a law for republication, to make certain editorial and other formal amendments in accordance with current legislative drafting practice.  Those amendments make no change in the law.  Amendments made pursuant to that Act do not appear in the Table of Amendments but details may be obtained on request from the Parliamentary Counsel’s Office.
Table 1
Table of Ordinances
Ordinance	Number 
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Business Names Ordinance 1963	12, 1963	23 May 1963	1 Oct 1966 (see Gazette 1966,  p. 4415)		
Business Names Ordinance 1966	15, 1966	15 Sept 1966	1 Oct 1966 (see s. 2 and Gazette 1966, p. 4415)	—	
Business Names (Amendment) Ordinance 1976	51, 1976	25 Oct 1976	1 Nov 1976	—	
Ordinances Revision (Administrative Arrangements) Ordinance 1976	60, 1976	16 Nov 1976	16 Nov 1976	S. 13	
Ordinances Revision Ordinance 1978	46, 1978	28 Dec 1978	28 Dec 1978	—	
Ordinances Revision (Companies Amendments) Ordinance 1982	38, 1982	30 June 1982	1July 1982	S. 19	
Self-Government (Consequential Amendments) Ordinance 1989	38, 1989	10 May 1989	Ss. 1 and 2:  10 May 1989 Remainder:  11 May 1989 (see s. 2 (2) and Gazette 1989, No. S164)	—	
Self-Government day 11 May 1989

Table 2
Table of Acts
Act	Number 
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Business Names (Amendment) Act 1990	27, 1990	24 Aug 1990	Ss. 1-3:  24 Aug 1990  Remainder:         3 Sept 1990	S. 13	
Registrar-General (Consequential Provisions) Act 1993	64, 1993	6 Sept 1993	Ss. 1 and 2:  6 Sept 1993
Remainder:  1 Oct 1993 (see 
s. 2 (2) and Gazette 1993, No. S207)	Part III
(ss. 6-13)	
Business Names (Amendment) Act 1994	112, 1994
	22 Dec 1994	22 Dec 1994	S. 11	
(Reprinted as at 31 January 1995)	
Statute Law Revision Act 1995	46, 1995	18 Dec 1995 	18 Dec 1995	—	
(Reprinted as at 30 November 1996)	
Financial Institutions (Removal of Discrimination) Act 1997	88, 1997	1 Dec 1997	Ss. 1 and 2:  1 Dec 1997
Remainder:   31 Dec 1997 (see Gazette 1997, No. S442)	—	
Statute Law Revision (Penalties) Act 1998	54, 1998	27 Nov 1998	Ss. 1 and 2:  27 Nov 1998
Remainder:  9 Dec 1998 (see Gazette 1998, No. 49, p. 1078)	—	
Law Reform (Miscellaneous Provisions) Act 1999
	1999 No 66	10 Nov 1999	10 Nov 1999	—	

Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

S. 3	am. No. 38, 1982;  Act No. 27, 1990; No. 64, 1993
S. 4	am. No. 38, 1982;  Act No. 27, 1990; No. 64, 1993; No. 112, 1994; No. 46, 1995; No. 88, 1997
Ss. 4AA, 4AB	ad. Act No. 27, 1990
	rep. No. 64, 1993
S. 4A	ad. No. 51, 1976
	am. No. 38, 1982; Act No. 27, 1990; No. 64, 1993; No. 112, 1994
S. 5	am. No. 15, 1966; Act No. 112, 1994; No. 54, 1998
S. 6	am. No. 38, 1982; Act No. 27, 1990; No. 64, 1993
S. 7	am. No. 51, 1976; No. 38, 1982; Act No. 27, 1990; No. 64, 1993; No. 112, 1994
S. 8	am. No. 38, 1982; Act No. 27, 1990; No. 64, 1993; No. 112, 1994
S. 9	am. No. 15, 1966; Nos. 51 and 60, 1976; No. 38, 1982; Act No. 27, 1990; No. 64, 1993; No. 112, 1994; No. 46, 1995; 1999 No 66 s 6 sch 3
S. 10	am. No. 60, 1976; No. 38, 1982; Act No. 27, 1990; No. 64, 1993; No. 112, 1994
S. 11	am. No. 51, 1976; No. 38, 1982; Act No. 27, 1990; No. 64, 1993; No. 112, 1994
S. 12	am. No. 15, 1966; No. 51, 1976; No. 46, 1978; No. 38, 1982; Act No. 27, 1990; No. 64, 1993; No. 112, 1994; No. 54, 1998
S. 13	am. No. 15, 1966; No. 38, 1982; Act No. 27, 1990; No. 64, 1993; No. 112, 1994; No. 54, 1998
S. 14	am. Act No. 112, 1994
S. 15	am. No. 38, 1982; Act No. 27, 1990; No. 64, 1993; No. 112, 1994
S. 16	am. No. 38, 1982; Act No. 27, 1990; No. 64, 1993
S. 17	am. No. 15, 1966; No. 38, 1982; Act No. 27, 1990; No. 64, 1993; No. 112, 1994; No. 54, 1998
S. 18	am. No. 38, 1982; Act No. 27, 1990; No. 64, 1993; No. 112, 1994
S. 19	am. No. 38, 1982; Act No. 27, 1990; No. 64, 1993; No. 112, 1994; No. 46, 1995
S. 20	am. No. 15, 1966; Act No. 112, 1994; No. 54, 1998
Ss. 21, 22	am. No. 38, 1982; Act No. 27, 1990; No. 64, 1993; No. 112, 1994
S. 23	am. No. 51, 1976; No. 38, 1982; Act No. 27, 1990; No. 64, 1993; No. 112, 1994
S. 24	am. Act No. 112, 1994
S. 25	am. No. 38, 1982; Act No. 27, 1990; No. 64, 1993; No. 112, 1994
S. 26	am. No. 15, 1966; No. 38, 1982; Act No. 112, 1994; No. 46, 1995; No. 54, 1998
S. 28	am. No. 15, 1966; Act No. 112, 1994
	rep. No. 54, 1998
S. 31	am. No. 38, 1982; Act No. 27, 1990; No. 64, 1993; No. 112, 1994
S. 32	rep. No. 60, 1976
	ad. Act No. 27, 1990
	am. No. 64, 1993
S. 33	am. No. 15, 1966; Nos. 51 and 60, 1976; No. 38, 1982; No. 38, 1989; Act No. 27, 1990; No. 64, 1993; No. 112, 1994; No. 54, 1998
Schedule	ad. No. 51, 1976
	am. No. 38, 1982
	rep. Act No. 27, 1990