Commonwealth Consolidated Acts

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Carrying on business using "Limited", "No Liability" or "Proprietary" in name

             (1)  A person must not carry on business in this jurisdiction under a name or title that:

                     (a)  has the words "Limited" or "No Liability" (or an abbreviation of those words) at the end; or

                     (b)  includes the word "Proprietary" (or an abbreviation of it).

             (2)  An offence based on subsection (1) is an offence of strict liability.

Note:          For strict liability , see section 6.1 of the Criminal Code .

             (3)  Subsection (1) does not apply to the extent that the person is allowed or required to carry on business in this jurisdiction under the name or title under a law of the Commonwealth or a law of a State or Territory in this jurisdiction.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (3), see subsection 13.3(3) of the Criminal Code .

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