sec.58Use of protected terms

### sec.58 Use of protected terms A person must not use a protected term in its name, or in a description of its activities, operations or services, in connection with its operations in and from Queensland if having regard to the circumstances in which it is used a reasonable person would think that— the person is a TAFE entity; or the activity, operation or service is being provided by a TAFE entity. Maximum penalty—100 penalty units. Subsection (1) does not apply to— a TAFE entity; or a person to whom the Minister has given approval under subsection (3) to use the protected term in its name or in connection with its activities, operations or services. The Minister may give a person an approval to use a protected term in its name or in connection with its activities, operations or services if the Minister is satisfied— the person is established by or operates in association with TAFE Queensland; or it is unlikely that a reasonable person would think that, because of the use of the protected term in its name or in connection with its activities, operations or services, the person is a TAFE entity. The Minister must publish details of approvals in force under subsection (3) on the department’s website on the internet. In this section— protected term means the following terms— TAFE; technical and further education. TAFE entity means— TAFE Queensland; or a TAFE institute established under the VETE Act , chapter 6 ; or a dual sector entity; or an entity prescribed under a regulation. s 58 amd 2014 No. 24 s 7 (sec.58-ssec.1) A person must not use a protected term in its name, or in a description of its activities, operations or services, in connection with its operations in and from Queensland if having regard to the circumstances in which it is used a reasonable person would think that— the person is a TAFE entity; or the activity, operation or service is being provided by a TAFE entity. Maximum penalty—100 penalty units. (sec.58-ssec.2) Subsection (1) does not apply to— a TAFE entity; or a person to whom the Minister has given approval under subsection (3) to use the protected term in its name or in connection with its activities, operations or services. (sec.58-ssec.3) The Minister may give a person an approval to use a protected term in its name or in connection with its activities, operations or services if the Minister is satisfied— the person is established by or operates in association with TAFE Queensland; or it is unlikely that a reasonable person would think that, because of the use of the protected term in its name or in connection with its activities, operations or services, the person is a TAFE entity. (sec.58-ssec.4) The Minister must publish details of approvals in force under subsection (3) on the department’s website on the internet. (sec.58-ssec.5) In this section— protected term means the following terms— TAFE; technical and further education. TAFE entity means— TAFE Queensland; or a TAFE institute established under the VETE Act , chapter 6 ; or a dual sector entity; or an entity prescribed under a regulation. - (a) the person is a TAFE entity; or - (b) the activity, operation or service is being provided by a TAFE entity. - (a) a TAFE entity; or - (b) a person to whom the Minister has given approval under subsection (3) to use the protected term in its name or in connection with its activities, operations or services. - (a) the person is established by or operates in association with TAFE Queensland; or - (b) it is unlikely that a reasonable person would think that, because of the use of the protected term in its name or in connection with its activities, operations or services, the person is a TAFE entity. - (a) TAFE; - (b) technical and further education. - (a) TAFE Queensland; or - (b) a TAFE institute established under the VETE Act , chapter 6 ; or - (c) a dual sector entity; or - (d) an entity prescribed under a regulation.