22Protection of name, symbol etc. of Authority

22 Protection of name, symbol etc. of Authority

(1) Subject to subsection (4), a person who, without the consent in writing of the Authority:

(a) uses the name, or an abbreviation of the name, of the Authority, a prescribed symbol or a prescribed expression in connection with a business, trade, profession or occupation;

(b) sells, offers for sale, exposes for sale, hires or lets for hire or otherwise has in his possession for sale or hire, goods to which the name, or an abbreviation of the name, of the Authority, a prescribed symbol or a prescribed expression has been applied;

(c) uses the name, or an abbreviation of the name, of the Authority, a prescribed symbol or a prescribed expression in relation to goods or to the promotion, by any means, of the supply or use of goods; or

(d) imports into Australia for sale, or for use for the purposes of any trade or business, any article to which the name, or an abbreviation of the name, of the Authority, a prescribed symbol or a prescribed expression has been applied, outside Australia, without the consent in writing of the Authority;

is guilty of an offence against this section. (2) Subject to subsection (4), where, without the consent in writing of the Authority:

(a) the name, or an abbreviation of the name, of the Authority or a prescribed symbol:

(i) is used as, or as part of, the name or emblem of an association;

(ii) is used as, or as part of, the name or emblem of a newspaper or magazine owned by, or published by or on behalf of, an association; or

(iii) is used by an association in connection with any activity of the association so as to imply that the association is in any way connected with the Authority; or

(b) a prescribed expression is used by an association in connection with any activity of the association;

then:

(c) if the association is a body corporate—the association; or

(d) if the association is not a body corporate—every member of the committee of management or other governing body of the association;

is guilty of an offence against this section. (3) A person who is guilty of an offence against this section is punishable, upon conviction:

(a) in the case of a person not being a body corporate—by a fine not exceeding $2,000; or

(b) in the case of a person being a body corporate—by a fine not exceeding $4,000.

(4) A person shall not be convicted of an offence against this section in respect of the use of an abbreviation of the name of the Authority if the use occurred in such circumstances, or in relation to such matters, as to be unlikely to be taken to imply any connection with the Authority, unless the prosecution proves that the use was intended to imply such a connection. (5) The conviction of a person for an offence against this section in respect of the use of a name, abbreviation of a name, prescribed symbol or prescribed expression does not prevent a further conviction of that person in respect of the use of that name, abbreviation, prescribed symbol or prescribed expression at any time after the first‑mentioned conviction. (6) For the purposes of this section: