South Australian Consolidated Acts

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BUSINESS NAMES ACT 1996 - SECT 4

4—Carrying on business

        (1)         For the purposes of this Act, a person is not to be regarded as carrying on business in this State for the reason only that, within the State, the person—

            (a)         is or becomes a party to a legal proceeding or effects settlement of such a proceeding or of a claim or dispute; or

            (b)         maintains an ADI account; or

            (c)         effects a sale through an independent contractor; or

            (d)         creates evidence of a debt or creates a charge on real or personal property; or

            (e)         secures or collects any of the person's debts or enforces the person's rights in regard to securities relating to such debts; or

            (f)         conducts an isolated transaction that is completed within a period of 31 days and that is not one of a number of similar transactions repeated from time to time; or

            (g)         invests any of his or her funds or holds property.

        (2)         If a person causes an advertisement to be published in this State that contains—

            (a)         a business name; and

            (b)         an address in this State to which communications in respect of the business may be addressed or delivered,

the person will be taken to be carrying on business under that business name and at that address for the purposes of this Act.



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