Page:Business Names Registration Act 2014.pdf/42

Rh ::(iii) carries on business under a business name—
 * (A) after the person’s registration in respect of the business name has been cancelled; or
 * (B) after the person’s registration in respect of the business name has ceased;
 * (b) without lawful excuse, fails to comply with any summons or requisition of the Registrar under section 33; or
 * (c) makes any statement or furnishes any information to the Registrar under the provisions of this Act which is false in any material particular or by reason of the omission of any material particular and which the person either knows or has reason to believe is false,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.

(2) It is not an offence for a person to carry on business under a business name if the person is not required to be registered in respect of the business name under section 4.

(3) Any person who fails to comply with section 19(1) or 20(1) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.

Evidence of carrying on business under business name

36. If, in any proceedings for an offence under this Act—
 * (a) proof is given that a business name has been displayed in any premises; and
 * (b) evidence is given from which the court may infer that the business name has reference to any business carried on at the premises,

the person carrying on the business is, in the absence of proof to the contrary, presumed to be carrying on the business under that business name.