New South Wales Consolidated Acts

BUSINESS NAMES ACT 2002 - SECT 8

8 Refusal of registration of persons found guilty or convicted of certain offences

(1) A business name is not to be registered in the name of a person who, within the last 5 years:

(a) has been found guilty or convicted of a prescribed offence, or

(b) has been released from custody (whether on parole or at the end of a term of imprisonment) in respect of a sentence of imprisonment for a prescribed offence of which the person has at any time previously been found guilty or convicted,

except with the leave of the District Court.

(2) An application for leave may not be dealt with until 28 days after notice of the application has been given to the Minister.

(3) The Minister may be represented at the hearing of, and may oppose, an application for leave.

(4) No appeal lies against the decision of the District Court on an application for leave.

(5) In this section, "prescribed offence" means:

(a) an indictable offence in connection with the promotion, formation or management of a corporation, or

(b) an offence involving fraud or dishonesty punishable by imprisonment for 3 months or more, or

(c) an offence under section 184, 590, 592, 595, 670A, 728 or 1307 of the Corporations Act 2001 of the Commonwealth, under Part 7.11 of that Act or under any other provision of that Act prescribed by the regulations under this Act, or

(d) an offence to which section 5A of the Business Names Act 1962 applied at the time of the relevant finding of guilt or conviction, or

(e) an offence that was a prescribed offence at the time of the relevant finding of guilt or conviction.