OCBA - Offences

This information is to assist in the completion of the following:

Application for Registration of a Business Name
Notice of Change in Particulars of a Business Name or
Notice of Change in Proprietors of a Business Name.

Each of these forms require applicants to declare that they have not, within the last five years, either:

been convicted of certain offences; or
been released from prison after completing a sentence for committing certain offences.

Those offences are prescribed under section 17 of the Business Names Act 1996. They are:

An offence 'in connection with the promotion, formation or management of a body corporate', if the conviction was an indictment.

This means:

An offence punishable by imprisonment for which a maximum penalty of or including imprisonment for two years or more is prescribed and the offence was committed in connection with the promotion, formation or management of a body corporate or
One of the following offences, if more than $2,500 was involved and the offence was committed in connection with the promotion, formation or management of a body corporate:
- Simple larceny
- Larceny by bailee
- Stealing or fraudulently destroying, cancelling or obliterating valuable security
- Forgery of deeds, wills, bills of exchange
- Forgery in relation to transfer of stock
- Forgery of power of attorney in relation to transfer of stock
- Demanding property under forged instruments
- Forgery of other instrument or matter
- Larceny and embezzlement by clerks and servants
- Falsification of accounts
- Larceny by partners
- Fraudulent sales under powers of attorney
- Fraud by factors or agents
- Fraudulent company accounts
- Fraudulent destruction or alteration of company books etc
- Stealing or fraudulently destroying, cancelling obliterating or concealing title to land or a will
- Stealing electricity
- Stealing goods in process of manufacture
- Larceny by tenants and lodgers
- Fraudulent misappropriation
- Fraudulent appropriation of company property
- Director, public officer or manager publishing fraudulent statements
- False pretences
- Receiving
- Receiving goods stolen outside the State
- Corruptly taking reward for recovery of stolen property
- Impersonation in order to obtain property; or

Notes

An offence for which a maximum fine exceeding $120,000 is prescribed and the offence was committed in connection with the promotion, formation or management of a body corporate.

A body corporate includes a company and an association.

Punishable means the maximum sentence the court could have imposed by law, not the sentence that you actually received.

A conviction within or outside of South Australia 'of an offence involving fraud or dishonesty punishable by imprisonment for a period, or maximum period, of at least three months'.

A conviction within or outside of South Australia of a prescribed offence against the Corporations Law. (There are currently no offences that have been prescribed in respect of the Corporations Law.)

Further: This information is not intended to act as a substitute for legal advice. The offences listed are a summary only. If you are unsure of whether you should sign the declaration, please seek independent legal advice. It is an offence to contravene section 17 of the Business Names Act 1996 and a penalty of up to $5000 may be imposed for a breach.

If you have any queries call 1300 138 918.

application/pdf

Offences information sheet (42 KB PDF file)

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