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: (a) any combination of words or letters, or of both words and letters, that is capable of being understood as referring to the Authority shall be deemed to be an abbreviation of the name of the Authority; (b) a reference to an official symbol of the Authority shall be read as a reference to: (i) a symbol the design of which is set out in the Schedule; or (ii) a symbol declared by the regulations to be an official symbol of the Authority; (c) a reference to a prescribed symbol shall be read as a reference to an emblem, brand, design, symbol, logo or mark that: (i) is identical with an official symbol of the Authority; or (ii) so nearly resembles an official symbol of the Authority as to be capable of being mistaken for an official symbol of the Authority; (d) a reference to a prescribed expression shall be read as a reference to: (i) any of the following expressions, namely, Bicentenary, Bicentennial, 200 years, Australia, Sydney, Melbourne, Founding, First Settlement, Exposition, Expo, World Fair, or World’s Fair; or (ii) any other word or words, figure or figures, or combination of a word or words and a figure or figures, that is prescribed by the regulations for the purposes of this paragraph; when used in conjunction with 1788, 1988 or 88 or with any 2 or more of those groups of figures; (e) a name, abbreviation, prescribed symbol or prescribed expression shall be deemed to be applied to goods if it: (i) is woven in, impressed on, worked into or affixed to the goods; or (ii) is applied to a covering, label, reel or thing in or with which the goods are supplied; (f) a name, abbreviation, prescribed symbol or prescribed expression shall be deemed to be used in relation to goods, or to the promotion of the supply or use of goods, if it is used in a sign, advertisement (whether printed, broadcast or televised), invoice, catalogue, price list or other document in relation to goods; and (g) the reference in paragraph (e) to a covering includes a reference to a stopper, glass, bottle, vessel, box, capsule, case, frame or wrapper and the reference in that paragraph to a label includes a reference to a band or ticket. (8) Nothing in this section affects any rights conferred by law on a person in respect of: (a) a trade mark registered under the Trade Marks Act 1955, being a trade mark that was so registered before the date fixed under subsection 2(1) of this Act; or (b) a design registered under the Designs Act 1906, being a design that was so registered before the date fixed under subsection 2(1) of this Act. (9) Nothing in this section affects the use of a name, an abbreviation of a name, a symbol or an expression by a person on or after the date fixed under subsection 2(1) if, immediately before that date, the person would have been entitled to prevent another person from passing off, by means of the use of that name, abbreviation, symbol or expression or of a similar name, abreviation, symbol or expression, goods or services as the goods or services of that first‑mentioned person.