Business name warning after operator fined
Issue Date: - Monday, 22 December 2008
Business operators across the state face court-imposed penalties if they flout business name laws put in place to prevent confusion in the marketplace, the head of Consumer Protection said.
The warning comes after a country WA bistro owner was fined for continuing to trade under an unregistered business name, despite earlier warnings by the consumer watchdog not to do so.
The bistro came to the attention of Consumer Protection after the owner carried on business using the unregistered business name, between August 2007 and April this year.
The owner failed to comply with orders last year to stop trading illegally.
The owner was charged for breaches of the Business Names Act in relation to this offence, as well as for issuing receipts and publications bearing the unregistered name, and for displaying that name outside the business premises.
The owner pleaded guilty to all charges in a regional magistrate’s court recently.
The court imposed a spent conviction, a fine of $100 and ordered the owner to pay costs of $429.
Consumer Protection Commissioner Anne Driscoll said disregard for laws designed to protect consumers was unacceptable.
“These laws are there so consumers and suppliers know who they are dealing with and who they can approach for redress in the event problems arise,” she said.
“Carrying on business under an unregistered name can result in confusion and misunderstanding for other businesses and consumers.
“Continuing to trade under an unregistered business name, particularly after being given an opportunity to make amends, undermines the effectiveness of consumer laws and cannot be tolerated.
“We will take action no matter where the business is located.”
Consumer Protection conducts regular business name inspections throughout WA in addition to monitoring advertising and directory listings in an effort to protect compliant businesses.
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