Commonwealth Consolidated Acts

COMMONWEALTH SERVICES DELIVERY AGENCY ACT 1997 - SECT 38

             (1)  A person must not, without the Chief Executive Officer’s written consent:

                     (a)  use in relation to a business, trade, profession or occupation; or

                     (b)  use as the name, or as part of the name, of any firm, body corporate, institution, premises, vehicle, ship, aircraft or other craft; or

                     (c)  apply, as a trade mark or otherwise, to goods imported, manufactured, produced, sold, offered for sale or let for hire; or

                     (d)  use in relation to:

                              (i)  goods or services; or

                             (ii)  the promotion, by any means, of the supply or use of goods or services:

either:

                     (e)  a protected name, or a name so closely resembling a protected name as to be likely to be mistaken for it; or

                      (f)  the protected symbol, or a symbol so closely resembling the protected symbol as to be likely to be mistaken for it.

Penalty:  30 penalty units.

          (1A)  Subsection (1) is an offence of strict liability.

             (2)  Subsection (1), so far as it applies in relation to a particular protected name or the protected symbol, does not affect rights conferred by law on a person in relation to:

                     (a)  a trade mark that is a registered trade mark for the purposes of the Trade Marks Act 1995 ; or

                     (b)  a design registered under the Designs Act 2003 ;

that was so registered, or was registered under the Designs Act 1906 , at the protection time in relation to the name or symbol.

             (3)  This section, so far as it applies in relation to a particular protected name or the protected symbol, does not affect the use, or rights conferred by law relating to the use, of a name or symbol (the relevant name or symbol ) by a person in a particular manner if, at the protection time in relation to the protected name or protected symbol, the person:

                     (a)  was using the relevant name or symbol in good faith in that manner; or

                     (b)  would have been entitled to prevent another person from passing off, by means of the use of the relevant name or symbol or a similar name or symbol, goods or services as the goods or services of the first‑mentioned person.

             (4)  In this section:

"protected name" means any of the following names:

                     (a)  “Commonwealth Services Delivery Agency”;

                     (b)  such other names as are prescribed.

"protected symbol" means the Agency’s official symbol, whose design is set out in the regulations.

"protection time" means:

                     (a)  in relation to the name “Commonwealth Services Delivery Agency”—the time immediately before the commencement of this Act; or

                     (b)  in relation to any other name—the time immediately before the commencement of the regulation prescribing the name; or

                     (c)  in relation to the protected symbol—the time immediately before the commencement of the regulation setting out the design of the symbol.