The Business Names Registration Act 2011 creates five strict liability offences for specific misconduct against the Act. Each of these offences carries penalties. These are:
Carrying on a business under an unregistered business name - s18(1)
Failure to include business name in written communications - s19(1)
Failure to display business name at places open to public - s20(1)
Carrying on a business under a business name while disqualified - s21(1), and
Failure to give ASIC information requested under section 37(1) - s37(3).
How to complain about business names
If your complaint concerns a business name you should first raise your complaint with the relevant business. If you cannot resolve the problem, or if your complaint is about misconduct or illegal activity by a company or person, then ASIC may be one of a number of government and non-government organisations able to help you.