South Australian Consolidated Acts South Australian Consolidated Acts43A—Prohibition on trading or carrying on business as Starr-Bowkett
society
(1) A person or body
of persons, whether incorporated or unincorporated, must not—
(a)
trade or carry on business as a Starr-Bowkett society; or
(b)
trade or carry on business under a name or title of which the words
"Starr-Bowkett" or "Bowkett" form a part; or
(c) in
any manner hold out that its trade or business is that of a Starr-Bowkett
society.
Maximum penalty: $10 000.
(2) An
interstate Starr-Bowkett society does not contravene subsection (1) by
reason of the fact that it conducts business with a person who resides in this
State if the person became a member of the society prior to the person
commencing to reside in this State.
(3) For the purposes
of this section—
(a) a
person or body trades or carries on a business as a Starr-Bowkett society if
the person or body causes or permits applicants for loans to ballot for
precedence, or otherwise makes the granting of a loan dependent on chance or
lot; and
(b) a
person or body trades or carries on a business in this State if the person or
body—
(i)
establishes or uses an office in this State for receiving
share capital, deposits, subscriptions or loan funds; or
(ii)
advertises in this State for share capital, deposits,
subscriptions or loan funds; or
(iii)
provides financial accommodation to members of the person
or body who reside in this State.
(4) In this
section—
"interstate Starr-Bowkett society" means a person or body that trades or
carries on business as a Starr-Bowkett society and has its principal office or
place of business located in another State or Territory and is registered,
incorporated or otherwise operates in accordance with the relevant laws of
that State or Territory.