South Australian Consolidated Acts

BUSINESS NAMES ACT 1996 - SECT 12

12—Notification of changes in particulars

        (1)         If—

            (a)         a business ceases to be carried on in this State under a registered business name; or

            (b)         some other change occurs such that particulars contained in the register in relation to a registered business name as required under this Part are no longer accurate or complete,

the proprietor of the registered business name must, within 28 days of the change, give the Commission notice of the change in writing in the form approved by the Commission and signed by the proprietor.

        (2)         If there is more than one proprietor of a registered business name, it is sufficient if a notice under subsection (1) is signed by only one of the proprietors, but if the change required to be notified consists of the cessation of business or a person commencing or ceasing to carry on business under the registered business name, the notice must be signed by each proprietor (including each person commencing or ceasing to carry on business under the name).

        (3)         If the proprietor of a registered business name—

            (a)         is a body corporate that is required by a law to give the ASIC notice of a change in particulars required under this Part; or

            (b)         is a limited partnership that is required by the Partnership Act 1891 to give the Commission notice of a change in particulars required under this Part,

notice of the change given by the proprietor, within 28 days of the change, to the ASIC or the Commission (as the case may require) in accordance with that requirement will be taken to constitute compliance with the requirement to give the Commission notice of the change under subsection (1).

        (4)         A person must, in giving notice of a change for the purposes of this section, provide such particulars as are necessary to correct or supply the deficiency in the register.

        (5)         A person does not commit an offence against Part 2 by commencing to carry on business under a business name already registered under this Act (but not registered in relation to that person) if notice of the commencement is given in accordance with this section.