Western Australian Consolidated Acts Western Australian Consolidated Acts (1A)
Subsection (1) does not apply to an act or omission that occurs on or
after the change-over day.
(1B) Despite
subsection (1A) and The Criminal Code section 11, a person may be
punished on or after the change-over day for an offence committed under
subsection (1) before the change-over day.
(1) A person shall not
either alone or in association with other persons, carry on business in the
State under a business name unless —
(a) the
business name consists of the name of that person and the name of each other
person, if any, in association with whom that person is so carrying on
business without any addition; or
(b) the
business name is registered under this Act in relation to that person and each
other person, if any, in association with whom that person is so carrying on
business,
and where the business
name is so registered unless such of the provisions of section 12 as are
required to be complied with by or on behalf of the person or persons in
relation to whom the name is registered have been complied with.
Penalty: $200. Default penalty.
(2) For the purposes
of subsection (1) and of section 5A(2) the name of a person consists
of —
(a) in
the case of an individual, his full name or his surname together
with —
(i)
his christian name or names; or
(ii)
the initial or initials of his christian name or names;
or
(iii)
a combination of one or more of his christian names and
the initial or initials of his remaining christian name or names; or
(iv)
the christian name or names by which he is commonly known
or the initial or initials by which he is commonly known or any combination of
one or more of those names and those initials;
(b) in
the case of a corporation, the corporate name of the corporation.
(3) The addition to a
business name of words indicating that the business is carried on in
succession to a former owner of the business shall, for the purposes of
subsection (1) and of section 5A(2), be deemed not to be an addition
to the business name.
(4) Where a business
is carried on by an official receiver, a trustee in bankruptcy or a trustee
under a deed or scheme of arrangement entered into under a law of the
Commonwealth relating to bankruptcy, or by a receiver, manager or other person
appointed by a court or under the powers contained in any instrument to carry
on that business, the business shall, for the purposes of this Act, be deemed
to be carried on by the person who carried on the business immediately before
the appointment of the receiver, trustee, manager or other person.
(5) Notwithstanding
anything in this Act, a contravention of or failure to comply with any
provision of this Act does not operate to avoid any agreement, transaction,
act or matter.
[Section 5 amended by No. 113 of 1965
s. 8; No. 40 of 1976 s. 3; No. 6 of 2012 s. 19.]