Australian Capital Territory Repealed Acts

This legislation has been repealed.

BUSINESS NAMES ACT 1963 (REPEALED) - SECT 31

    (1)     Service of a process or other document on someone (the proprietor ) who carries on business under a registered business name is taken to be personal service on the proprietor if—

        (a)     the document is left at a registered place of business of the proprietor with someone who appears to be at least 16 years old and to be employed at the place; or

        (b)     the document is given to a resident agent of the proprietor; or

        (c)     the document is left at the registered address of a resident agent of the proprietor with someone who appears to be at least 16 years old and to be employed at the address; or

        (d)     the document is sent by prepaid post, addressed to the proprietor, to a registered place of business of the proprietor; or

        (e)     the document is sent by prepaid post, addressed to a resident agent of the proprietor, to a registered address of the agent.

    (2)     This section does not affect the operation of any other law that allows or requires service of a document otherwise than as provided in this section.

Note     For how documents may otherwise be served, see the Legislation Act, pt 19.5.

    (3)     This section does not affect the power of a court or tribunal to allow or require service of a document otherwise than as provided in this section.

    (4)     In this section:

"registered address", for a resident agent of the proprietor, means the place shown in the register as the address of the resident agent in the ACT.

"registered place of business", of the proprietor, means—

        (a)     the place shown in the register as the place where business is carried on under the business name; or

        (b)     if more than 1 place is shown in the register as the place where business is carried on under the business name—

              (i)     the place shown in the register as the principal place where business is carried on under the business name; or

              (ii)     if no place is shown in the register as the principal place—the place that appears 1st in the register as a place where business is carried on under the business name.

"resident agent", for the proprietor, means the person (if any) shown in the register as the resident agent of the proprietor.