Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act unless
the contrary intention appears —
ASIC means the Australian Securities and
Investments Commission of the Commonwealth;
business includes trade and profession;
business name means a name, style, title or
designation under which a business is carried on;
carrying on business includes establishing a place
of business in the State, and soliciting or procuring any order from a person
in the State and “to carry on business” has a corresponding
meaning;
change-over day has the meaning given in the
Commonwealth Transitional Act section 4(1);
christian name includes any forename;
Commissioner means the person for the time being
designated as the Commissioner under section 4AA;
Commonwealth Transitional Act means the Business
Names Registration (Transitional and Consequential Provisions) Act 2011
(Commonwealth);
corporation means a corporation within the meaning
of the Corporations Act 2001 of the Commonwealth, other than an exempt
body within the meaning of section 66A of that Act;
Department means the department of the Public
Service principally assisting in the administration of this Act;
director in relation to a corporation, includes
any person occupying the position of director of the corporation by whatever
name called;
firm means an unincorporated body of persons
(whether consisting of individuals or of corporations or partly of individuals
and partly of corporations) associated together for the purpose of carrying on
business;
individual means a natural person and does not
include a corporation;
initial includes a recognised abbreviation of a
christian name;
national business names legislation
means —
(a) the
Business Names Registration Act 2011 (Commonwealth); and
(b) the
Commonwealth Transitional Act;
register means the register of business names kept
under this Act or under any corresponding previous enactment;
repealed Act means the Business Names
Act 1942 ;
secretary , includes —
(a) any
person performing the duties of secretary of the corporation; and
(b) the
local agent of a foreign corporation within the meaning of the
Corporations Act 2001 of the Commonwealth;
section means section of this Act.
(2) For the purposes
of this Act, a person shall not be regarded as carrying on business within the
State for the reason only that within the State he —
(a) is
or becomes a party to any action or suit or any administrative or arbitration
proceeding, or effects settlement of an action, suit or proceeding or of any
claim or dispute; or
(b)
maintains any bank account; or
(c)
effects any sale through an independent contractor; or
(d)
creates evidence of any debt or creates a charge on real or personal property;
or
(e)
secures or collects any of his debts or enforces his rights in regard to any
securities relating to those debts; or
(f)
conducts an isolated transaction that is completed within a period of 31 days,
but not being one of a number of similar transactions repeated from time to
time; or
(g)
invests any of his funds or holds any property.
(3) For the purposes
of this Act, a business name shall be deemed to be registered under this Act
in relation to a person, if it appears from the register that the person
either alone or together with other persons is carrying on business under that
name.
[Section 4 amended by No. 40 of 1976
s. 12; No. 10 of 1982 s. 28; No. 10 of 1998 s. 21;
No. 20 of 2003 s. 7; No. 28 of 2006 s. 55; No. 6 of 2012
s. 16.]