Corporations Act 2001

CHAPTER 5B - BODIES CORPORATE REGISTERED AS COMPANIES, AND REGISTRABLE BODIES  

PART 5B.3 - NAMES OF REGISTRABLE AUSTRALIAN BODIES AND FOREIGN COMPANIES  

SECTION 601DD   REGISTERED AUSTRALIAN BODIES AND REGISTERED FOREIGN COMPANIES CAN CARRY ON BUSINESS WITH SOME NAMES ONLY  

601DD(1)    
A registered Australian body or registered foreign company must not carry on business under a name in this jurisdiction unless subsection (2) or (3) authorises the body or company to use the name.

601DD(1A)    

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

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

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History

S 601DD(1A) inserted by No 117 of 2001, s 3, Sch 1 [ 176].

601DD(2)    
The body or company may use the name if the company or body is registered under that name under Part 5B.2 .

601DD(3)    

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A registered Australian body may use a name in the State or Territory that is its place of origin if the name is registered to the body on the Business Names Register.

[ CCH Note: S 601DD(3) will be amended by No 69 of 2020, s 3, Sch 1[934], by substituting " under the Business Names Registration Act 2011 " for " on the Business Names Register " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]

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History

S 601DD(3) amended by No 127 of 2011, s 3, Sch 2, Pt 1[20].

[ CCH Note: The Business Names Registration (Application of Consequential Amendments) Act 2011 (Act No 172 of 2011), s 3, Sch 1[4] contained the following application provision (effective 20 April 2012):

Application of amendments to the Corporations Act 2001

(1) The amendments made by items 15, 16, 17 and 19 of Schedule 2 to the Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Act No 127 of 2011) apply in relation to the availability of names on or after the change-over day. [ CCH Note: change-over day means the day on which Part 2 of the Business Names Registration Act 2011 (Act No 126 of 2011) commences, ie 28 May 2012.]

(2) The amendments made by items 18 and 20 of Schedule 2 to the Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Act No 127 of 2011) apply in relation to things done on or after the change-over day.

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