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Legislative Assembly for the ACT: 1999 Week 6 Hansard (22 June) . . Page.. 1765 ..

On its face, this section might appear to preclude the use of a business name by a co-operative society. However, I am advised that there may be doubt that a court would interpret this provision in a manner which would deny a co-operative society the benefit, which is available to any other trading entity, of the Business Names Act 1963.

The Government Solicitor advises that section 71 does not prevent the mere registration of a business name by the Society. Further, this provision would not be breached if the Society used the name "Aerial Taxi Cabs Co-operative Society limited trading as Canberra Cabs".

A court might also find that there are occasions without legal significance where the use of the name "Canberra Cabs" without the Society's full name does not amount to a "use" of a name other than its registered name within the meaning of section 71.

I am also advised that it needs to be borne in mind that the onus would be on the Crown, in any prosecution under section 71, to prove beyond reasonable doubt that an offence had in fact been committed.

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