Registration of Firms Act Amendment Act of 1953 (2 Eliz Ii No. 4) (Qld)

218 MERCANTILE LAW. Registration of Firms, Etc., Act. 2 E liz . II. No. 4, MERCANTILE LAW. (1) Registration of Firms Act Amendment Act of 1953 ................................................ (2) Sheepskins (Draft Allowance Abolition) Act of 1953 ................................................ 2 Eliz. II. No. 4 2 Eliz. II. No. 5 2 N E o l . iz 4 . . II. An Act to Amend “ The Registration of Firms Act T he R egistration of F irms of 1942 ” in certain particulars. A ct A mendment A ct of . [A ssented to 8 th O ctober , 1953.] 1953. E it enacted by the Queen’s Most Excellent Majesty, B by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— Short title 1. (1.) This Act may be cited as “ The Registration caonndstruction. of Firms Act Amendment Act of 1953,” and shall be read as one with *“ The Registration of Firms Act of 1942,” herein referred to as the Principal Act. Collective The Principal Act and this Act may be cited title. collectively as “ The Registration of Firms Acts , 1942 to 1953.” Commence­ f(2.) This Act shall come into operation on a date to mAcetn.t of this be fixed by the Governor in Council by Proclamation published in the Gazette. New s. 1 a . Construc­ tion of Act. 2. The following section, numbered 1 a , is inserted after section one of the Principal Act, namely :— “ [f A.] This Act, including every regulation made or purporting to have been made hereunder, shall be read and construed so as not to exceed the legislative power of the State to the intent that, where any enactment hereof or provision of any such regulation would but for this section have been construed as being in excess of that power, it shall nevertheless be a valid enactment or provision to the extent to which it is not in excess of that power.” Amendment 3. Section three of the Principal Act is amended of s. 3. by inserting in the definition of the term “ Firm ” after the words “ carrying on business or having any place of business in Queensland under any firm-name ” the words “ , or making application for registration under this Act under any firm-name ”. * 6 G. 6 No. 24. t Commenced 2 Nov. 1953 (Proc. pubd. Gaz. 17 Oct. 1953, p. 753).

MERCANTILE LAW. 219 1953. Registration of Firms, Etc., Act. the f4o.llSowecitniognseficvteioonfitshiensPerritnecdipianl lAiecut oisf rtehpaeta' r , sepdeaa i lnedd j s a R. n e5 d p.e n a e l w of section, namely:— “ [5.] (I.) No firm shall carry on business^ or have any place of business in Queensland at any time when it register, is not registered under this Act. (2.) If any firm carries on business or has a place Penalty for of business in Queensland at any time when it is not ^^®rto registered under this Act every person or body corporate who or which is a member of such firm shall be guilty of an offence and liable to a penalty of not less than two pounds nor more than fifty pounds.” 5. Subsection one of section six of the Principal Amendment Act is amended by repealing in that subsection the° s‘ " words “ by a fee of five shillings ” and by inserting, in lieu of those repealed words, the words “ by such fee as may be prescribed ”. 6 . Subsection one of section seven of the Principal Amendment Act is amended by repealing in that subsection the words ° s‘ ' “ by a fee of two shillings and six pence ” and by inserting, in lieu of those repealed words, the words “ by such fee as may be prescribed ”. Act 7is. aSmubesnedcetidonbyonerepoefasleincgtioinn etihgahtt osfutbhseetPtiroinncitphael Aofms.en8d(m1)e.nt words “ by a fee of two shillings and six pence ” and by inserting, in lieu of those repealed words, t' Jie words “ by such fee as may be prescribed ”. 8. Subsection one of section nine of the Principal Amendment Act is amended by repealing in that subsection theof s'9 ^ words “ by a fee of two shillings and six pence and t>y inserting, in lieu of those repealed words, the words by such fee as may be prescribed ”. 9. Section eleven of the Principal Act is repealed Repeal of and the following section is inserted in lieu of that g.nnnew repealed section, namely :— “ [Ilf] No firm shall be registered— Misleading (i.) Under any firm-name which in the opinion of unacceptable the principal registrar— firm-names, (a) Is offensive or blasphemous, or likely to mislead the public as to the identity of such firm or as to the nature of its business ; or

22(1 MERCANTILE LAW. Registration of Firms, Etc., Act. 2 E liz . II. No. 4, ( b) Indicates or implies that the business carried on or proposed to be carried on is connected with fortune-telling, astrology, marriage agency, or unlawful gambling, or any occupation or undertaking which is unlawful or contrary to public policy ; or (ii.) Where in the opinion of the principal registrar the business carried on or proposed to be carried on by such firm is connected with any of the things specified in paragraph (6) of subparagraph (i.j of this section.” Aofms.en1d4m( 2e) n. t Princ 1 ip 0 a . l SAucbtseisctiaomnentwdeod bofy sinescetirotinngfoauftretreetnheowf otrhdes “ shall be guilty of an offence and liable to a penalty of not ” the words “ less than two pounds nor ”. Amendments of s. 18. 11. Section eighteen of the Principal Act is amended— (i.) By repealing in subsection four of that section the words “ of a fee of one shilling ” and by inserting, in lieu of those repealed words, the words “ of such fee as may be prescribed ”. (ii.) By repealing in subsection five of that section the words “ of a fee of two shillings and six pence ” and by inserting, in lieu of those repealed words, the words “ of such fee as may be prescribed ”. (iii.) By adding to subsection six of that section the following proviso :— “ Provided that the production in any legal proceedings or inquiry or arbitration of any register made and kept, or of any notice registered, under this Act shall not be compellable unless by order of a Judge of the Supreme Court or a Stipendiary Magistrate made for special cause, but in all cases the contents of that register or notice may be proved by a writing as referred to in subsection seven of this section.” (iv.) By repealing in the first paragraph of subsection seven of that section the words “ be prima facie evidence of the original of which it purports to be a copy or extract, and shall be receivable in evidence to the same extent as the original ” and by inserting, in lieu of those repealed words, the words “be admissible in evidence and shall be evidence (and, in the absence of evidence

MERCANTILE LAW. 221 1953. Registration of Firms, Etc., Act. in rebuttal, shall be conclusive evidence) of t le original of which it purports to be a copy or, as the ca se may be, so much of the original from which it purport;s to be an extract.” 12. Subsection one of section nineteen of this ActApe^**^* is amended by repealing therein the words “ or where ° 8‘ ' there is more than one place of business, the address of the ” and by inserting, in lieu of those repealed words, the words “ of the sole or ”; also by repealing in that subsection the word “ still 13. The following section, numbered 19 a , is inserted News. 19 a . after section nineteen of the Principal Act, namely :— “[29 a .] (2.) The principal registrar may cancel or °[ cause to be cancelled the registration under this Act registrar of any firm if at any time he is of the opinion— *° (i.) That the firm, by virtue of any provision of this Act, should not have been registered under the firm-name under which it is registered; or (ii.) That the firm-name under which the firm is registered— (a) Is offensive or blasphemous, or likely to mislead the public as to the identity of such firm or as to the nature of its business ; or ( b) Indicates or implies that the business carried on or proposed to be carried on is connected with fortune-telling, astrology, marriage agency, or unlawful gambling, or any occupation or undertaking which is unlawful or contrary to public policy ; or * (iii.) That the business carried on or proposed to be carried on by the firm is connected with any of the things specified in paragraph (b) of subparagraph (ii.) of this subsection ; or (iv.) That any corporation being the sole member or one of the members of that firm— (a) Has been struck off any register of companies kept under *“ The Companies Acts, 1931 to 1942 ” (including any Act in amendment thereof or in substitution therefor); or * 22 G. 5 No. 53 and amending Acts.

222 MERCANTILE LAW. Registration of Firms, Etc., Act. 2 E liz . II. No. 4, (6) Being required to be registered under *“ The Companies Acts, 1931 to 1942 ” (including any Act in amendment thereof or in substitution therefor), is not registered under those Acts ; or (v.) That any notice with respect to that firm required by this Act to be delivered to a registrar has not been delivered in compliance with this Act. (2.) (a) Where the registration under this Act of any firm is cancelled under this section the registrar shall send forthwith to the firm by registered post notice thereof addressed to such firm at the address of the sole or principal place of business appearing in the registration thereof. ( b ) Within one month after the cancellation under this section of the registration of any firm, any person being at the time of such cancellation the sole member or one of the members of the firm and registered as such may apply to the Supreme Court for the restoration of the registration under this Act of the firm and the Supreme Court if it is satisfied that the firm at the time of such cancellation was carrying on business in Queensland under the registered firm-name and that all the particulars registered with respect to that firm may continue to be registered and that it is just and equitable so to do, order the registration of that firm to be restored, and thereupon the firm shall be deemed to have continued to be registered as if the registration had not been so cancelled. The Supreme Court may, upon making any such order, impose such terms as to that Court may seem fit.” New s. 21 a . 14. The following section is inserted after section twenty-one of the Principal Act, namely:— Registered “ [22 a .] (2.) Where any application for registration pfirromposing to under this Act of a firm indicates that the firm only carry on proposes to carry on business in Queensland at some business. future time, then upon such registration, for all purposes of this Act the sole or principal place in Queensland at which the firm proposes to carry on business as specified * 22 G. 5 No. 53 and amending Acts.

MERCANTILE LAW. 1953. Registration of Firms, Etc., Act. in that application shall be deemed to be the so' e or, as the case may be, principal place of business of 1 ;he firm as if it carries on business at that place : Provided that the registered firm before it commences to carry on business in Queensland may nominate some other premises in Queensland (at which it proposes to carry on business) for registration under this Act as the sole or principal place of business of the firm instead of the place deemed to be the sole or principal place of business aforementioned, and for that purpose the provisions of section eight of this Act and of the regulations under this Act made for the purposes of that section shall apply, with all necessary adaptations thereof, as if the premises nominated were premises to which its place of business is removed. (2.) The provisions of this section shall not prejudice or otherwise affect the provision of section nineteen of this Act.” 223 1 i 5. i Section twenty-four of the Principal Act is A Ox m S e . ndment* amended— (i.) By repealing subsections one and two of that section and by inserting, in lieu of those rjepealed subsections, the following subsections :— “ (1.) All offences against this Act may be prosecuted Summ5ry in a summary way under *“ The Justices Acts, 1886 to ' 1949,” upon the complaint of a registrar or of any person authorised in that behalf either generally or in a particular case by the principal registrar. (2.) A prosecution for an offence against this Act 1’ime for may be instituted at any time within twelve months ment of after the commission of the offence or within six months Proseoutlons • after the commission of the offence comes to the knowledge of the complainant, whichever is the later period.” (ii.) By adding to subsection four of that section the words “ and that he had used due diligence to enforce the execution of this Act ”. * 50 V. No. 17 and amending Acts.

224 MERCANTILE LAW. Registration of Firms, Etc., Act. 2 E liz . II. No. 4, New s. 24 a . 16. The following section, numbered 24 a , is inserted after section twenty-four of the Principal Act, namely :— Evidentiary. “ [24 a .] (2.) In any proceedings under or for the purposes of this Act— (i.) It shall not be necessary to prove the appointment of any registrar or the authority of any registrar to do any act; (ii.) A signature purporting to be that of any registrar shall be taken to be the signature it purports to be until the contrary is proved ; (iii.) Any date which is proved to be a date when— (а) The members of the registered firm concerned differed from the members as then registered of that firm shall for the purposes of those proceedings be deemed to be the date when a change occurred in the constitution of membership of the firm notwithstanding that such change may have occurred at some other time ; (б) The registered firm concerned carried on business at a place which was not then registered as a place of business of that firm shall for the purposes of those proceedings be deemed to be the date when that firm opened that new place of business or removed its place of business from other premises to those premises according as to whether the firm was then also carrying on business at the place or places then registered as a place or places of business of that firm or the firm was not then carrying on business at any place then registered as a place of business of that firm, notwithstanding that such opening or removal may have occurred at some other time; (c) The registered firm concerned was not carrying on business at a place which was then registered as a place of business of that firm shall for the purposes of those proceedings be deemed to be the date when that firm ceased business at that place

MERCANTILE LAW. 225 1953. Registration of Firms, Etc., Act. notwithstanding that the firm niay have ceased business at that place at sarnie other time; I (d) The members as then registered of the registered firm concerned did not constitute the membership of that firm or when the registered firm concerned did not carry on business in Queensland shall for the purposes of those proceedings be deemed to be the date when that firm was dissolved or, as the case may be, ceased business under its registered firm-name without changing its firm-name notwithstanding that such dissolution or ceasing business may have occurred at some other time. (2.) This section shall not prejudice or affect any other mode of proof of the matters herein referred to or lessen or affect any onus of proof falling on the defendant.” 17. Subsection one of section twenty-five of this Amendment Act is amended by repealing the second paragraph of s. 25 (X). thereof (being that paragraph commencing with the , words “Without limiting the generality of this subsection ”) and by inserting, in lieu of that repealed paragraph, the following paragraph :— “ Without limiting the generality of the foregoing provisions of this subsection regulations may be made providing for all or any of the following matters and things, namely :— (i.) Prescribing the fees to be paid under this Act to the registrar and so that the prescribed fees may or may not differ in respect of different matters or things ; (ii.) Prescribing forms (including registers) under and for the purposes of this Act and the respective purposes for which such forms shall be used and specifying the information required to be contained in such forms ; (iii.) Prescribing all matters or things which by this Act are required or permitted to be prescribed; ; (iv.) Generally for carrying this Act into effect.” H