Commonwealth Consolidated Acts

ADVANCE AUSTRALIA LOGO PROTECTION ACT 1984 - SECT 10

(1)

If:

(a)

the Company passes a resolution for its winding up;

(b)

an order is made for the winding up of the Company; or

(c)

the Minister, by notice published in the Gazette , declares that he is satisfied that it is no longer in the public interest for the Company to own any interest in the copyright in the logo or any interest in the design of the logo by reason that:

(i)

the Company has refused or failed to comply with a direction under section 17;

(ii)

the Company has done, or is doing, an act or thing that the Company was or is without the capacity or power to do; or

(iii)

there has been a change in the objects, powers, constitution, management, membership, beneficial ownership or control of the Company;

then, by force of this subsection:

(d)

the interest of the Company in:

(i)

the copyright in the logo; and

(ii)

the design of the logo;

is assigned to the Commonwealth; and

(e)

the interest, rights and benefits of the Company under any licence granted by the Company in respect of the copyright in, and the design of, the logo are assigned to the Commonwealth.

(2)

Where, whether by force of subsection (1) or otherwise, the Commonwealth acquires an interest in the copyright in the logo or an interest in the design of the logo, a purported assignment by the Commonwealth of the whole or any part of that interest to a person (in this section referred to as the assignee ) is void unless:

(a)

the assignee is an incorporated company; and

(b)

the assignee agrees that, as a condition of the assignment, it is not entitled to compensation from the Commonwealth by reason of the operation of any provision of this Act.

(3)

Where the Commonwealth assigns the whole or any part of its interest in the copyright in, or the design of, the logo to a company, section 9, subsection (1) of this section and sections 17 and 18 have effect as if a reference in those provisions to the Company were a reference to the assignee.

(4)

A person is not entitled to compensation from the Commonwealth by reason of the operation of subsection (1) or (3).