New South Wales Consolidated Acts

BUSINESS NAMES ACT 2002 - SECT 3

3 Definitions

(1) In this Act:
"authorised officer" means an authorised officer appointed under section 34.
"business" includes trade and profession.
"business name" includes any name, style, title or designation under which business is carried on.
"Department" means the Department of Commerce.
"Director-General" means:

(a) the Commissioner for Fair Trading, Department of Commerce, or

(b) if there is no such position in the Department-the Director-General of the Department.

"foreign language character" means any character or symbol that is not an English language letter, numeral or punctuation mark.
"on-line service" means an internet carriage service within the meaning of the Broadcasting Services Act 1992 of the Commonwealth.
"proper address" means:

(a) in relation to an individual, the individual’s usual place of residence, and

(b) in relation to a corporation, the address of the corporation’s registered office within the meaning of the Corporations Act 2001 of the Commonwealth.

"proper name" means:

(a) in relation to an individual:

(i) the individual’s full name, or

(ii) the individual’s family name, together with the initials or abbreviations of one or more of the individual’s given names, and

(b) in relation to a corporation, the corporation’s corporate name.

"Register" means the register of business names referred to in section 20.
"registered" means registered under the Licensing and Registration (Uniform Procedures) Act 2002 , as applied by section 5.
"registered particulars" means:

(a) in relation to a person in whose name a business name is registered, the particulars referred to in section 20 (2), and

(b) in relation to a business for which a business name is registered, the particulars referred to in section 20 (3).

(2) In this Act, a reference to "carrying on business" includes a reference to establishing a place of business and soliciting orders for goods or services, but does not include:

(a) taking or defending any legal proceedings, or

(b) establishing or maintaining an account with an authorised deposit-taking institution, or

(c) effecting any purchase or sale through an independent contractor, or

(d) creating evidence of any debt or creating any charge on real or personal property, or

(e) collecting any debt, securing any debt or enforcing a security with respect to any debt, or

(f) conducting an isolated transaction over a period of not more than 31 days, or

(g) investing funds or holding property.

(3) Notes in the text of this Act do not form part of the Act.