South Australian Consolidated Acts

BUSINESS NAMES ACT 1996 - SECT 8

8—Registration or renewal of registration of business names

        (1)         An application for registration or renewal of registration of a business name must—

            (a)         be made to the Commission in the manner and form approved by the Commission; and

            (b)         be signed—

                  (i)         in the case of an application for registration—by each person proposing to carry on business under the business name; or

                  (ii)         in the case of an application for renewal of registration—by the proprietor of the business name or, if there is more than one proprietor, by one or more of the proprietors; and

            (c)         be lodged—

                  (i)         in the case of an application for registration—not earlier than two months before the date shown in the application as the proposed date on which business will commence to be carried on under the business name; or

                  (ii)         in the case of an application for renewal of registration—before or within two months after the date of expiry of the registration; and

            (d)         be accompanied by the fee fixed by regulation and, in addition, in the case of an application for renewal lodged after the date of expiry, a late application fee fixed by regulation.

        (2)         An application will, for the purposes of this Act, be taken to be deficient and not to have been lodged with the Commission if—

            (a)         it is incomplete or inaccurate in a material particular; or

            (b)         the applicant fails to provide the Commission with any information or document required by the Commission for the purposes of determining the application; or

            (c)         it is lodged outside the period allowed; or

            (d)         the fee payable in respect of the application is not paid (whether because of the dishonouring of a cheque or otherwise).

        (3)         On receipt of a sufficient application for registration or renewal of registration, the Commission must—

            (a)         register or renew the registration of the business name (as the case may require); and

            (b)         issue a certificate of registration in such form as the Commission considers appropriate.

        (4)         However, the Commission—

            (a)         must not, except with the consent of the Minister, register a business name—

                  (i)         that appears to the Commission to be undesirable; or

                  (ii)         that is a name of a kind that the Minister has directed the Commission not to accept for registration;

            (b)         must not, subject to any directions of the Minister, register a business name that is the same as, or that is, in the Commission's opinion, likely to be confused with or mistaken for—

                  (i)         a registered business name; or

                  (ii)         a business name the registration of which has expired during the preceding two months; or

                  (iii)         the name of a body corporate;

            (c)         must not register or renew the registration of a business name if the applicant (or one of the applicants) would, because of a conviction for an offence, be prohibited under Part 5 from carrying on business under that name.

        (5)         Any directions to the Commission under this section are to be given by the Minister by notice in the Gazette.