Document ID: chunk:federal_register_of_legislation:C2024C00631:section:19:p1
Version: federal_register_of_legislation:C2024C00631
Segment Type: section
Provision Reference: s 19 (pt 1/2)
Character Range: 41861–44480

19  Offence—must include business name in written communications
 (1) An entity commits an offence if:
 (a) the entity carries on a business under a business name; and
 (b) the entity communicates in writing with another entity; and
 (c) that communication is a business document connected with carrying on the business under the name; and
 (d) the entity does not include clearly legible business names information in the document.
Penalty: 5 penalty units.
 (2) Business names information means the name and, if the entity has an ABN, the entity's ABN, where the business document is of one of the following kinds:
 (a) a document that is lodged with ASIC;
 (b) a statement of account (including an invoice);
 (c) a receipt;
 (d) an order for goods or services;
 (e) a cheque;
 (f) a promissory note or bill of exchange;
 (g) an offer to provide goods or services (rather than an invitation to treat).
 (3) In any other case, business names information means the name.
 (4) 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 and the business name, under subsection (6); or
 (i) other circumstances prescribed by the regulations for the purposes of this paragraph apply.
 (5) Subsection (1) does not require an entity to include a name or the entity's ABN in a written communication 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 include the name or the entity's ABN in the communication; or
 (b) the inclusion of the name in the communication 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.
Note 1: A defendant bears an evidential burden in relation to the matters