South Australian Consolidated Acts South Australian Consolidated Acts14—Cancellation of registration
(1) If the Commission
has reason to believe that the proprietor of a registered business name is not
carrying on business in this State under the business name, the Commission
may, by notice in writing served on the proprietor, invite the proprietor,
within 28 days of the date of the notice, to show cause why the registration
of the business name should not be cancelled.
(2) If the Commission
has reason to believe that the proprietor of a registered business name has
not given the Commission notice of a change in particulars in the register in
relation to the business name as required under Part 2, the Commission may, by
notice in writing served on the proprietor, require the proprietor, within 28
days of the date of the notice, to provide such particulars as are necessary
to correct or supply the deficiency in the register.
(3) If, after notice
has been served on a proprietor of a registered business name under
subsection (1) or (2), the proprietor fails within the time allowed to
show cause why the registration should not be cancelled or to provide any
necessary particulars (as the case may be), the Commission may cancel the
registration.
(4) If the Commission
is satisfied that a business name has been registered on a deficient
application or through some other mistake or inadvertence, the Commission may,
by notice in writing served on the proprietor of the business name, cancel the
registration of the business name for the reasons set out in the notice with
effect from a date specified in the notice (being not less than 28 days from
the date of the notice).
(5) If—
(a) the
Commission is notified in writing by the proprietor of a registered business
name that the proprietor has ceased to carry on business in this State under
the business name and no other person has commenced to carry on business under
that name; or
(b) in
the case of a business name registered in relation to a body
corporate—the body corporate has been dissolved,
the Commission may cancel the registration of the business name.
(6) The Commission
must refund any fee paid in respect of the registration of a business name
that is cancelled under subsection (4).