The Business Names Registration Act 2011 (the Act) consolidated the various State and Territory business name registers into a national Business Names Register.
Previously, an entity needed to register its business name in each State or Territory it conducted its business in. Under the new Business Names Register, an entity only needs to register its business name once and can trade throughout Australia under that name.
It is unlawful for a person to carry on a business under a business name unless that name is:
- registered to that entity on the Business Names Register; or
- the entity’s full name.
Once an entity has registered a business name, it cannot trade under an amended version of that name without registering a new business name. For example, registering the business name “Example Trading Company” would not give you the right to trade as “Example Trading”.
For further information, please contact Matt Bell in the Business and Workplace law division of Murdoch Lawyers.