204AUse of “police” in operating name

204A Use of “police” in operating name

204A Use of “police” in operating name

(1) A person or body of persons (whether incorporated or not) must not carry on any activity under an operating name that includes the word “police”.

Maximum penalty—100 penalty units.

(2) An offence under this section committed by an unincorporated body of persons is taken to have been committed by each person who has been a member of the body’s governing body at any time while the offence has been committed.

(3) This section does not prevent a person or body of persons from doing anything in accordance with—

(a) the terms of a consent in force under section 204B, or

(b) in relation to an operating name that is registered, or required to be registered, under the Business Names Registration Act 2011 of the Commonwealth—any consent or other authorisation (if any) to use “police” in that name given by or under that Act.

(4) This section does not apply to—

(a) any body that has, among its primary objects, the object of commenting on, objecting to or protesting against the policies or practices of public authorities such as the NSW Police Force, or

(b) any other body or class of bodies that is declared by the regulations to be a body or class of bodies to which this section does not apply.

(5) In this section, operating name includes any name, style, title or designation under which a person or body carries on an activity, any name under which an association is incorporated under the Associations Incorporation Act 2009 and any business name registered under the Business Names Registration Act 2011 of the Commonwealth in relation to a person, but does not include—

(a) in the case of an individual, the individual’s family name, either alone or together with—

(i) one or more of the individual’s given names, or

(ii) one or more of the initials of the individual’s given names, or

(iii) a combination of one or more of the individual’s given names and one or more of the initials of the individual’s remaining given names, or