South Australian Consolidated Acts

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BUSINESS NAMES ACT 1996 - SECT 26

26—Power of court to require compliance with Act

        (1)         If a person carrying on business under a business name is in default under this Act and commences any action in that business name or in respect of a cause of action arising out of any dealing under that business name, the court before which the action is commenced may order the person to make good the default and—

            (a)         may stay all proceedings in the action until the order is complied with; or

            (b)         may allow the proceedings to be continued on an undertaking being given by the person that he or she will comply with the order within such time as is fixed by the court.

        (2)         A person who contravenes or fails to comply with an order under this section is guilty of an offence.

Maximum penalty: $5 000.



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