13Person must not misrepresent name of place

13 Person must not misrepresent name of place

(1)  In this section –

document includes a brochure, map, notice, sign, billboard, advertisement, promotion and banner, whether in print, digital or other format.

(2)  A person must not, in a document, identify a place by all, or any part of, an approved name that is not the approved name for the place if the person knows, or reasonably ought to know, that identifying the place in that manner is likely to, or has the capacity to, mislead or deceive another person as to the approved name for the place.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues; and

(b) an individual, a fine not exceeding 20 penalty units and, in the case of a continuing offence, a further fine not exceeding 2 penalty units for each day during which the offence continues.

(3)  A person must not, in a document, represent a place as having an approved name if the person knows, or reasonably ought to know that –

(a) there is no approved name for the place; and

(b) representing the place as having an approved name is likely to, or has the capacity to, mislead or deceive another person as to the fact that –

(i) the place has an approved name; or

(ii) the name used is the approved name for the place.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues; and

(b) an individual, a fine not exceeding 20 penalty units and, in the case of a continuing offence, a further fine not exceeding 2 penalty units for each day during which the offence continues.

(4)  A person must not, in a document, identify a place, that has an approved name, by another name that is not an approved name for the place if the person knows, or reasonably ought to know, that identifying the place by the other name is likely to, or has the capacity to, mislead or deceive another person as to the approved name for the place.