Use of protected names and symbols
185A Use of protected names and symbols
A person must not, without the Operator’s written consent:
use in relation to a business, trade, profession or occupation; or
use as the name, or as part of the name, of any firm, body corporate, institution, premises, vehicle, ship, aircraft or other craft; or
apply, as a trade mark or otherwise, to goods imported, manufactured, produced, sold, offered for sale or let for hire; or
use in relation to:
goods or services; or
the promotion, by any means, of the supply or use of goods or services:
either:
a protected name, or a name so closely resembling a protected name as to be likely to be mistaken for it; or
a protected symbol, or a symbol so closely resembling a protected symbol as to be likely to be mistaken for it.
Penalty: 30 penalty units.
Subsection (1) is an offence of strict liability.
Subsection (1) does not affect the use of a name or symbol by a participating State or a participating Territory.
A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.
Subsection (1), so far as it applies in relation to a particular protected name or a protected symbol, does not affect rights conferred by law on a person in relation to:
a trade mark that is a registered trade mark for the purposes of the Trade Marks Act 1995; or
a design registered under the Designs Act 2003;
that was so registered, or was registered under the Designs Act 1906, at the protection time in relation to the name or symbol.
A defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3) of the Criminal Code.
This section, so far as it applies in relation to a particular protected name or a protected symbol, does not affect the use, or rights conferred by law relating to the use, of a name or symbol (the relevant name or symbol) by a person in a particular manner if, at the protection time in relation to the protected name or protected symbol, the person:
was using the relevant name or symbol in good faith in that manner; or
would have been entitled to prevent another person from passing off, by means of the use of the relevant name or symbol or a similar name or symbol, goods or services as the goods or services of the first‑mentioned person.
A defendant bears an evidential burden in relation to the matter in subsection (5): see subsection 13.3(3) of the Criminal Code.
In this section:
protected name means any of the following names:
“National Redress Scheme”;
“National Redress Scheme for Institutional Child Sexual Abuse”;
“National Redress Scheme for people who have experienced institutional child sexual abuse”;
such other names as are prescribed by the rules.
protected symbol means a symbol:
that is used, or for use, in connection with the scheme; and
the design of which is set out in the rules.
protection time means:
in relation to a name mentioned in paragraph (a), (b) or (c) of the definition of protected name—the time immediately before the commencement of Part 4 of Schedule 1 to the National Redress Scheme for Institutional Child Sexual Abuse Amendment (Technical Amendments) Act 2021; or
in relation to any other name—the time immediately before the commencement of the rule prescribing the name; or
in relation to a protected symbol—the time immediately before the commencement of the rule setting out the design of the symbol.
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