New South Wales Consolidated Acts

BUSINESS NAMES ACT 2002 - SECT 24

24 Use of business name

(1) The following provisions apply to and in respect of any business that is carried on under a registered business name:

(a) a person in whose name the business name is registered must not issue or sign any letter, statement, invoice, notice, publication, order for goods or services, receipt or other business document in connection with the carrying on of business under that name unless that name appears in legible characters on the document,

(b) the business name must at all times be displayed, so as to be conspicuous to the public, at each place at which business is carried on under the business name,

(c) the certificate of registration issued in respect of the business name under section 49 of the Licensing and Registration (Uniform Procedures) Act 2002 must at all times be exhibited, so as to be conspicuous to the public, at the principal place at which business is carried on under that name.

(2) The provisions of subsection (1) (b) and (c) do not apply to a business in which all orders for the goods or services provided by the business are received exclusively by means of an on-line service.

(3) If there is any contravention of subsection (1), each person in whose name the business name is registered is guilty of an offence.

Maximum penalty:

(a) for a first offence, 20 penalty units, and

(b) for a second or subsequent offence, 20 penalty units plus 0.5 penalty units for each day for which the offence continues.