Australian Capital Territory Legislative Summary
| Author | P. N. Guild |
| DOI | 10.1177/0067205X6400100107 |
| Published date | 01 March 1964 |
| Date | 01 March 1964 |
| Subject Matter | Article |
AUSTRALIAN CAPITAL TERRITORY
LEGISLATIVE SUMMARY
The scope
of
this summary
is
to review Ordinances made under the
Seat
of
Government (Administration) Act
1960-1963
and Regulations
made pursuant to such Ordinances, which may be
of
interest to local
practitioners in that they tie in with general schemes
of
legislation, and
practitioners in general where they relate to the legal consequences
of
acts performed outside the Territory or are intended to provide amodel
for uniform legislation in the Commonwealth.
Business Names Ordinance 1963
Following the introduction
of
uniform company legislation throughout
the Commonwealth, an Ordinance making provision for the law relating
to business names was promulgated in the Territory in
1963,
though
it
has not yet come into operation. The Ordinance contains provisions
usually included in similar legislation' whereby persons who carry on
business under abusiness name are required to register that name, the
name must appear on all documents used
in
the course
of
business and
must
at
all times be displayed outside every place where business
is
carried
on under the name. Provisions which were not to be found in the previous
Ordinance are that where aperson wishes to register abusiness name and
that
person resides outside the Territory, an agent, resident in the Terri-
tory, must be appointed to act for that person in all matters arising under
the Ordinance; the registration
of
abusiness name will remain in force
for aperiod
of
three years ;and, it
is
an
offence for aperson carrying
on
business in the Territory under abusiness name to make reference to
that business name in any invitation to the public to deposit money with,
or
lend money to that person or firm.1
Courts (Hire-purchase Agreements) Ordinance 1963
This Ordinance
is
directed
at
restricting the right to sue in the Courts
of
the Australian Capital Territory in relation to amatter arising out
of
ahire-purchase agreement unless the hirer resides or carries on business
in the Territory
at
the commencement
of
the action and was in, resident
in or carrying on business in, the Territory when he offered to hire the
goods, entered into the agreement
or
accepted an offer to hire goods.2
The legislation will
not
restrict the normal activities
of
traders in the
Territory nor will it restrict the right to sue people who came into the
Territory to conduct business with local traders. Any action in the
Territory against aTerritory resident who enters into ahire-purchase
agreement out
of
the Territory is also
not
affected by the Ordinance.
1
S.
26.
Aprovision
of
this nature
is
to be found in the current Victorian and South
Australian legislation and it
is
generally designed to prevent persons
or
firms from
issuing documents which may be mistaken as prospectuses which are subject to the
stricter conditions
of
the companies legislation.
2S.
6.
138
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