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CORPORATIONS ACT 2001 - SECT 156

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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