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Short title
1 Short title
This Act may be cited as the Scout Association Act 1924.
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Commonwealth act
This Act makes it an offence to use the name “Scout Association” or local branch names, and to wear or use registered Scout uniforms, badges or marks without authority. It allows the Association or its branches (with Ministerial approval) to apply to the Registrar of Designs to register those uniforms and marks, while barring marks similar to Defence insignia.
Offenders face a penalty of one penalty unit; prosecutions require the Minister’s consent. Chapter 2 of the Criminal Code applies. The Salvation Army’s Lifesaving Scouts are excluded.
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Direct links to the current provisions in Scout Association Act 1924.
This Act may be cited as the Scout Association Act 1924.
Chapter 2 of the Criminal Code applies to all offences created by this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Any person who without authority used the name the “Scout Association” or the name of any Local Branch of the Association or any name implying that any other Society or body is the Association or a Branch of the Association commits an offence.
Penalty: 1 penalty unit.
The Association or any Branch of the Association formed within the Commonwealth may, with the approval of the Minister, apply to the Registrar of Designs for the registration under the Designs Act 2003 of any uniform, emblem, badge, decoration, descriptive or designating mark or title used either before or after the commencement of this Act by the Association or any Branch of the Association for carrying out the purposes of the Association: Provided that this section shall not authorise the use or registration of any uniform, emblem, badge, decoration, descriptive or designating mark or title which is similar to, or a colourable imitation of, any uniform, emblem, badge, decoration, descriptive or designating mark or title used by the Department of Defence.
Any person who, except with the authority of the Association or the Local Branch for the area in which the use takes place (proof whereof shall lie upon him or her), makes use of any uniform, emblem, badge, decoration, descriptive or designating mark or title of the Association or a Local Branch registered in pursuance of the last preceding section in such manner as to suggest that the user is authorised by the Association or such Local Branch or is connected with the operations thereof, commits an offence.
Penalty: 1 penalty unit.
Note: The defendant bears a legal burden in relation to the matter in this section, see section 13.4 of the Criminal Code.
No prosecution shall be instituted under this Act except with the consent of the Minister.
Nothing in this Act shall be deemed to apply to the Lifesaving Scouts of the Salvation Army as at present constituted.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Scout Association Act 1924.
Chapter 2 of the Criminal Code applies to all offences created by this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Any person who without authority used the name the “Scout Association” or the name of any Local Branch of the Association or any name implying that any other Society or body is the Association or a Branch of the Association commits an offence.
Penalty: 1 penalty unit.
The Association or any Branch of the Association formed within the Commonwealth may, with the approval of the Minister, apply to the Registrar of Designs for the registration under the Designs Act 2003 of any uniform, emblem, badge, decoration, descriptive or designating mark or title used either before or after the commencement of this Act by the Association or any Branch of the Association for carrying out the purposes of the Association: Provided that this section shall not authorise the use or registration of any uniform, emblem, badge, decoration, descriptive or designating mark or title which is similar to, or a colourable imitation of, any uniform, emblem, badge, decoration, descriptive or designating mark or title used by the Department of Defence.
Any person who, except with the authority of the Association or the Local Branch for the area in which the use takes place (proof whereof shall lie upon him or her), makes use of any uniform, emblem, badge, decoration, descriptive or designating mark or title of the Association or a Local Branch registered in pursuance of the last preceding section in such manner as to suggest that the user is authorised by the Association or such Local Branch or is connected with the operations thereof, commits an offence.
Penalty: 1 penalty unit.
Note: The defendant bears a legal burden in relation to the matter in this section, see section 13.4 of the Criminal Code.
No prosecution shall be instituted under this Act except with the consent of the Minister.
Nothing in this Act shall be deemed to apply to the Lifesaving Scouts of the Salvation Army as at present constituted.