Use of “police” in operating name
204A Use of “police” in operating name
A person or body of persons (whether incorporated or not) must not carry on any activity under an operating name that includes the word “police”.
Maximum penalty—100 penalty units.
An offence under this section committed by an unincorporated body of persons is taken to have been committed by each person who has been a member of the body’s governing body at any time while the offence has been committed.
This section does not prevent a person or body of persons from doing anything in accordance with—
the terms of a consent in force under section 204B, or
in relation to an operating name that is registered, or required to be registered, under the Business Names Registration Act 2011 of the Commonwealth—any consent or other authorisation (if any) to use “police” in that name given by or under that Act.
This section does not apply to—
any body that has, among its primary objects, the object of commenting on, objecting to or protesting against the policies or practices of public authorities such as the NSW Police Force, or
any other body or class of bodies that is declared by the regulations to be a body or class of bodies to which this section does not apply.
In this section, operating name includes any name, style, title or designation under which a person or body carries on an activity, any name under which an association is incorporated under the Associations Incorporation Act 2009 and any business name registered under the Business Names Registration Act 2011 of the Commonwealth in relation to a person, but does not include—
in the case of an individual, the individual’s family name, either alone or together with—
one or more of the individual’s given names, or
one or more of the initials of the individual’s given names, or
a combination of one or more of the individual’s given names and one or more of the initials of the individual’s remaining given names, or
in the case of a corporation, the corporation’s corporate name, or
in the case of an industrial organisation registered under the Industrial Relations Act 1996, the name under which the industrial organisation is registered, or
in the case of any other statutory body, the name under which the body is incorporated, constituted or established.
The provisions of this section and section 204B are intended to operate as referred to in sections 12 (2) (b) and (e), 19 (5) and 20 (3) of the Business Names Registration Act 2011 of the Commonwealth.
Note.
Section 12 (2) (b) and (e) of the Business Names Registration Act 2011 of the Commonwealth (the Commonwealth Act) provide that the business names legislation referred to in that section is not intended to exclude or limit the concurrent operation of a law of a State that—
prohibits or restricts the use of a word or expression by an entity or class of entities, or
imposes obligations on an entity or class of entities that are in addition to obligations imposed under that Act.
Sections 19 (5) and 20 (3) of the Commonwealth Act also provide that an entity does not commit an offence under those sections concerning the inclusion or display of registered business names in written communications and at places of business if the inclusion, use or display of a business name in such a communication or at such a place would be contrary to a law of a State.
This provision refers to the regulations (declared by the regulations
). Made under this Act:
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