185AUse of protected names and symbols

185A  Use of protected names and symbols  (1) A person must not, without the Operator’s written consent:  (a) use in relation to a business, trade, profession or occupation; or  (b) use as the name, or as part of the name, of any firm, body corporate, institution, premises, vehicle, ship, aircraft or other craft; or  (c) apply, as a trade mark or otherwise, to goods imported, manufactured, produced, sold, offered for sale or let for hire; or  (d) use in relation to:  (i) goods or services; or  (ii) the promotion, by any means, of the supply or use of goods or services: either:  (e) a protected name, or a name so closely resembling a protected name as to be likely to be mistaken for it; or  (f) 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.  (2) Subsection (1) is an offence of strict liability.  (3) Subsection (1) does not affect the use of a name or symbol by a participating State or a participating Territory. Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.  (4) 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) a trade mark that is a registered trade mark for the purposes of the Trade Marks Act 1995; or  (b) 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. Note: A defendant bears an evidential burden in relation to the matter in subsection (4): see subsection 13.3(3) of the Criminal Code.  (5) 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:  (a) was using the relevant name or symbol in good faith in that manner; or  (b) 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. Note: A defendant bears an evidential burden in relation to the matter in subsection (5): see subsection 13.3(3) of the Criminal Code.  (6) In this section: protected name means any of the following names:  (a) “National Redress Scheme”;  (b) “National Redress Scheme for Institutional Child Sexual Abuse”;  (c) “National Redress Scheme for people who have experienced institutional child sexual abuse”;  (d) such other names as are prescribed by the rules. protected symbol means a symbol:  (a) that is used, or for use, in connection with the scheme; and  (b) the design of which is set out in the rules. protection time means:  (a) 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  (b) in relation to any other name—the time immediately before the commencement of the rule prescribing the name; or  (c) in relation to a protected symbol—the time immediately before the commencement of the rule setting out the design of the symbol. Division 5—Miscellaneous