Unlawful use of official insignia
25 Unlawful use of official insignia
The Trust has a proprietary interest in all official insignia.
A person must not, without the consent of the Trust, in the course of a trade or business—
use a name in which the Trust has a proprietary interest under this section for the purpose of promoting the sale of services or the provision of any benefits; or
sell goods marked with official insignia; or
use official insignia for the purpose of promoting the sale of goods or services.
Maximum penalty: $20 000.
A person must not, without the consent of the Trust, assume a name or description that consists of, or includes, official insignia.
Maximum penalty: $20 000.
A consent under this section—
may be given with or without conditions (including conditions requiring payment to the Trust); and
may be given generally by notice in the Gazette or by notice in writing addressed to an applicant for the consent; and
may be revoked by the Trust for breach of a condition by notice in writing given personally or by post to a person who has the benefit of the consent.
The Supreme Court may, on the application of the Trust, grant an injunction to restrain a breach of this section.
The court by which a person is convicted of an offence against this section may, on the application of the Trust, order the convicted person to pay compensation of an amount fixed by the court to the Trust.
Subsections (5) and (6) do not derogate from any civil remedy that may be available to the Trust apart from those subsections.
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