Western Australian Consolidated Acts Western Australian Consolidated Acts (1) This section
applies to a person convicted whether before or after the commencement of this
section, and whether within or without the State —
(a) on
indictment of an offence in connection with the promotion, formation or
management of a corporation; or
(b) of
an offence involving fraud or dishonesty punishable on conviction with
imprisonment for 3 months or more; or
(c) of
an offence under —
(i)
section 108, 229, 554, 555, 556, 559 or 560 of
the Companies (Western Australia) Code 3 , section 44 of the
Companies (Acquisition of Shares) (Western Australia) Code 3 or
section 129 of the Securities Industry (Western Australia) Code 3 ;
or
(ii)
any provision of an equivalent law of another State or of
a Territory of the Commonwealth that corresponds with any of the provisions in
subparagraph (i); or
(iii)
any provision of a law of the State, of another State or
of a Territory of the Commonwealth that was in effect before the provisions in
subparagraph (i) and that corresponds with any of the provisions in
subparagraph (i); or
(iv)
any provision of the Corporations Law that corresponds
with any of the provisions in subparagraph (i); or
(v)
any provision of the Corporations Act 2001 of the
Commonwealth that corresponds with any of the provisions in
subparagraph (i).
(2A)
Subsection (2) does not apply to the carrying on of business on or after
the change-over day.
(2B) Despite
subsection (2A) and The Criminal Code section 11, a person may be
punished on or after the change-over day for an offence committed under
subsection (2) before the change-over day.
(2) A person to whom
this section applies shall not, within the period of 5 years next succeeding
any occasion on which he is convicted as referred to in subsection (1)
or, where he has served a term of imprisonment imposed pursuant to any such
conviction, within the period of 5 years next succeeding his release from that
imprisonment, carry on business in the State under a business name
unless —
(a) the
business name under which he so carries on business —
(i)
consists of his name; or
(ii)
where he carries on business in association with another
person or other persons, consists of his name and the name or names of the
person or persons in association with whom he carries on business,
without any addition;
or
(b) he
has obtained the leave of The District Court of Western Australia upon
application made as provided by subsection (3) so to carry on business.
Penalty: $400.
(3) An application for
leave of the District Court shall not be made unless the Minister has been
given not less than 28 days’ notice of the proposed application.
(4A) An application
cannot be made under subsection (3) on or after the change-over day.
(4B) If an application
made under subsection (3) is not finally dealt with by the District Court
before the change-over day, on or after the change-over day the Court may
decide whether, had the application been finally dealt with by the Court
before the change-over day, the Court would have granted leave under this
section.
(4) The Minister may
be represented at the hearing of, and may oppose, the application.
(5) Nothing in this
section shall be construed as affecting the operation of section 5.
(6) Nothing in this
section shall make it an offence for any person to carry on business under a
business name which immediately before the commencement of this section and at
all times thereafter has been a business name registered under this Act under
which that person was carrying on business in the State.
[Section 5A inserted by No. 40 of 1976
s. 4; amended by No. 10 of 1982 s. 28; No. 20 of 2003
s. 8; No. 50 of 2003 s. 41(2); No. 6 of 2012 s. 20.]