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This Act may be cited as the Advance Australia Logo Protection Act 1984.
Sections 1, 2 and 3 and Schedule 1 shall come into operation on the day on which this Act receives the Royal Assent.
The remaining provisions of this Act shall come into operation on a day to be fixed by Proclamation, being a day not earlier than the day on which the Company delivers to the Governor‑General an instrument in writing under its common seal in the form set out in Schedule 1, but upon those provisions so coming into operation, those provisions and section 3 shall be deemed to have had effect on and from 13 October 1983.
In this Act, unless the contrary intention appears:
Australia, when used in a geographical sense, includes the external Territories.
Company means Advance Australia, being a company incorporated on 29 June 1981 under the law in force in the Australian Capital Territory.
charge means a charge created in any way and includes a mortgage and an agreement to give or execute a charge or mortgage, whether upon demand or otherwise.
logo means the logo an outline of which is set out in Schedule 2.
monopoly, in relation to the design of the logo, means the exclusive right to apply the design to any article to which the design is capable of being applied.
owner, in relation to the design of the logo, means the person who, under this Act, or by virtue of a disposition not in contravention of this Act, is the owner of the design of the logo.
prescribed period means the period of 16 years that commenced on 13 October 1983.
Where, by virtue of regulations in force for the purposes of subsection 17(2) of the Designs Act 1906, a design is not capable of being registered under that Act for an article specified in those regulations, a reference in this Act to an article does not include a reference to an article so specified.
A reference in this Act to the design of the logo is a reference to the design that, when applied to an article, results in a reproduction of the logo.
Unless the contrary intention appears, an expression used in this Act and the Designs Act 1906 has the same meaning in this Act as in the Designs Act 1906.
Subject to Part VII of the Copyright Act 1968, this Act binds the Crown in each of its capacities.
This Act extends to the external Territories.
For the purposes of the Copyright Act 1968:
the logo shall be taken to be, and to have been from the time when it was created, an original artistic work;
the Commonwealth shall be taken to have been the owner of the copyright in the logo from the time it was created until and including 28 June 1981; and
subject to section 10, the Company shall be taken to be, and to have been, on and from 29 June 1981, the owner of the copyright in the logo.
Subject to section 10, the Company shall be taken to be, and to have been, with effect from 13 October 1983, the owner of the design of the logo.
The owner of the design of the logo has, and shall be taken at all material times to have had, a monopoly in that design.
The rights of an owner with respect to the design of the logo are personal property and, subject to this Act, the laws applicable to ownership of personal property apply in relation to the monopoly in the design of the logo as they apply in relation to other choses in action.
A disposition, by assignment, declaration of trust or by any other means, purporting to be made by the Company of the whole or any part of its interest in the copyright in the logo or of its interest in the design of the logo to a person other than the Commonwealth is void.
A charge purporting to be given by the Company with respect to an asset of the Company that consists of, or includes, the whole or any part of its interest in the copyright in the logo or the whole or any part of its interest in the design of the logo is void.
If:
the Company passes a resolution for its winding up;
an order is made for the winding up of the Company; or
the Minister, by notice published in the Gazette, declares that he is satisfied that it is no longer in the public interest for the Company to own any interest in the copyright in the logo or any interest in the design of the logo by reason that:
the Company has refused or failed to comply with a direction under section 17;
the Company has done, or is doing, an act or thing that the Company was or is without the capacity or power to do; or
there has been a change in the objects, powers, constitution, management, membership, beneficial ownership or control of the Company;
then, by force of this subsection:
the interest of the Company in:
the copyright in the logo; and
the design of the logo;
is assigned to the Commonwealth; and
the interest, rights and benefits of the Company under any licence granted by the Company in respect of the copyright in, and the design of, the logo are assigned to the Commonwealth.
Where, whether by force of subsection (1) or otherwise, the Commonwealth acquires an interest in the copyright in the logo or an interest in the design of the logo, a purported assignment by the Commonwealth of the whole or any part of that interest to a person (in this section referred to as the assignee) is void unless:
the assignee is an incorporated company; and
the assignee agrees that, as a condition of the assignment, it is not entitled to compensation from the Commonwealth by reason of the operation of any provision of this Act.
Where the Commonwealth assigns the whole or any part of its interest in the copyright in, or the design of, the logo to a company, section 9, subsection (1) of this section and sections 17 and 18 have effect as if a reference in those provisions to the Company were a reference to the assignee.
A person is not entitled to compensation from the Commonwealth by reason of the operation of subsection (1) or (3).
A person shall be deemed to infringe the monopoly in the design of the logo if, during the prescribed period, the person:
without the licence of the owner of the design, applies the design or any fraudulent or obvious imitation of it to any article;
without the licence of the owner of the design, sells, or offers or keeps for sale, or hires, or offers or keeps for hire, any article to which the design or any fraudulent or obvious imitation of it has been applied in infringement of the monopoly in the design;
imports into Australia for sale, or for use for the purposes of any trade or business, any article in respect of which the design or any fraudulent or obvious imitation of it has been applied outside Australia; or
sells, or offers or keeps for sale, or hires, or offers or keeps for hire, any article that has been imported into Australia and to which the design or any fraudulent or obvious imitation of it has been applied, whether in or outside Australia.
Subject to subsection (3), if a person infringes the monopoly in the design of the logo:
the owner of the design; or
a holder of a licence in relation to the design whose interests have been, are or would be affected by the infringement;
may bring an action or proceeding against the person in the Federal Court of Australia or the Supreme Court of a State or a Territory for infringement of the monopoly in the design.
An action or proceeding for infringement of the monopoly in the design of the logo shall not be instituted by the holder of a licence in relation to the design without the consent of the owner of the design.
Where:
a person, being the holder of a licence in relation to the design of the logo, applies, by notice in writing served on the owner of the design, for the consent of the owner under subsection (3) to the institution by the person of an action or proceeding for infringement of the monopoly in the design of the logo; and
the owner of the design does not grant or refuse that consent before the expiration of the period of 7 days after the day on which the notice was served;
the owner of the design shall, upon the expiration of that period, be deemed to have granted that consent under subsection (3).
Consent under subsection (3) to the institution of an action or proceeding shall not be unreasonably refused.
Subsection (3) does not affect the granting of an interlocutory injunction on the application of a holder of a licence in relation to the design of the logo.
The relief that a court may grant in an action or proceeding for the infringement of the monopoly in the design of the logo includes an injunction (subject to such terms, if any, as the court thinks fit) and, at the option of the plaintiff, either damages or an account of profits.