Re: [LINK] Promoting education in Australia

From: Glen Turner (glen.turner@aarnet.edu.au)
Date: Mon Aug 13 2001 - 12:15:31 EST


RC:
> A company is required by law to provide their ACN on a web-site, and
> no ACN is evident; so of course it can't be a company ...

MA:
> There's no legal requirement - only various codes 'recommending' the
> quotation of ACN and / or ABN numbers.

There is a legal requrement, ref s153 Corporations Law (Cth):

 (1) A company must set out its name on all its name on public documents
     and negotiable instruments.

 (2) Subject to sections 154 and 155, if the company's ACN is not used
     in its name, the company must also set out with its name, or with
     1 of the references to its name, the expression "Australian Company
     Number" followed by its ACN. If the company's name appears on 2 or
     more pages of the document or instrument, this must be done on the
     first of those pages.

"Public document" is defined in s88A in a rather convoluted way (to
exclude t-shirts, packaging, etc). The relevant paragraph is:

 (b) an instrument of, or purporting to be signed or issued by or on
     behalf of, the body that is signed or issued in the course of,
     or for the purposes of, a particular transaction or dealing;

Which certainly includes any web site that takes a credit card;
and, by my reading, any material on the web site that describes
a product or service.

Note that this model Cth law varies slightly between states.

There's a host of lawyers that read this list, so over to them...

Regards,
Glen

-- 
 Glen Turner                                 Network Engineer
 (08) 8303 3936      Australian Academic and Research Network
 glen.turner@aarnet.edu.au          http://www.aarnet.edu.au/
--
 The revolution will not be televised, it will be digitised



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