South Australian Consolidated Acts South Australian Consolidated Acts7—Certain business names to be registered
(1) A person must not
carry on business in this State under a business name unless—
(a) the
business name consists of the name of the person; or
(b) the
business name is registered under this Act in relation to that person.
Maximum penalty: $5 000.
Expiation fee: $315.
(2) For the purposes
of this section, the name of a person consists of—
(a) in
the case of a natural person—the person's full name or the family name
together with at least the initials of the person's Christian or given names;
(b) in
the case of a body corporate—the full name of the body corporate.
(3) For the purposes
of this section, a person does not carry on business under the person's name
if the name is used with an addition other than—
(a) the
name of a person with whom he or she carries on the business in association;
or
(b)
words indicating that the business is carried on in succession to a former
owner of the business.
(4) This section does
not prevent a person who is a trustee from carrying on a business in that
capacity under another person's name or registered business name.
(5) If a person
carries on a business under another person's registered business name as
referred to in subsection (4), the person is to be taken to be the
proprietor of that registered business name for the purposes of this Act.
(6) In this
section—
"trustee" means—
(a) a
person appointed or constituted trustee by act of parties, by order or
declaration of a court or by operation of law; or
(b) an
executor, administrator, guardian, committee, receiver or liquidator; or
(c) a
person—
(i)
having or assuming the administration or control of any
real or personal property affected by any express or implied trust; or
(ii)
having the possession, control or management of real or
personal property of a person who is under a legal or other disability; or
(iii)
acting in any other fiduciary capacity.