Commonwealth Consolidated Acts

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ADVANCE AUSTRALIA LOGO PROTECTION ACT 1984 - SECT 3

Interpretation

(1)
In this Act, unless the contrary intention appears:

"Australia", when used in a geographical sense, includes the external Territories.

"Company" means Advance Australia, being a company incorporated on 29 June 1981 under the law in force in the Australian Capital Territory.

"charge" means a charge created in any way and includes a mortgage and an agreement to give or execute a charge or mortgage, whether upon demand or otherwise.

"logo" means the logo an outline of which is set out in Schedule 2.

"monopoly", in relation to the design of the logo, means the exclusive right to apply the design to any article to which the design is capable of being applied.

"owner", in relation to the design of the logo, means the person who, under this Act, or by virtue of a disposition not in contravention of this Act, is the owner of the design of the logo.

"prescribed period" means the period of 16 years that commenced on 13 October 1983.

(2)
Where, by virtue of regulations in force for the purposes of subsection 17(2) of the Designs Act 1906 , a design is not capable of being registered under that Act for an article specified in those regulations, a reference in this Act to an article does not include a reference to an article so specified.

(3)
A reference in this Act to the design of the logo is a reference to the design that, when applied to an article, results in a reproduction of the logo.

(4)
Unless the contrary intention appears, an expression used in this Act and the Designs Act 1906 has the same meaning in this Act as in the Designs Act 1906 .


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