Document ID: chunk:federal_register_of_legislation:C2024C00631:section:21
Version: federal_register_of_legislation:C2024C00631
Segment Type: section
Provision Reference: s 21
Character Range: 48390–50130

21  Offence—carrying on a business under a business name while disqualified
 (1) An entity commits an offence if it carries on a business under a business name while disqualified.
Penalty: 30 penalty units.
 (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.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.
 (3) Subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

Part 3—Registering a business name

    22  The Business Names Register
 (1) ASIC must establish and maintain a Business Names Register.
 (2) The purpose of the Business Names Register is to enable those who engage or propose to engage with a business carried on under a business name to identify the entity carrying on the business and how the entity may be contacted.
 (3) The Business Names Register may be kept in any form that ASIC considers appropriate.
 (4) The Business Names Register is not a legislative instrument.