SCOUT ASSOCIATION ACT 1924 SCOUT ASSOCIATION ACT 1924 - TABLE OF PROVISIONS 1. Short title [see Note 1] 1A. Application of the Criminal Code 2. Unauthorised use of name 3. Registration of uniforms 4. Unauthorised user of uniform 5. No prosecution without consent of Minister 6. Act not to apply to Lifesaving Scouts of Salvation Army SCOUT ASSOCIATION ACT 1924 - LONG TITLE An Act to afford Protection to the Scout Association SCOUT ASSOCIATION ACT 1924 - PREAMBLE Preamble WHEREAS the Scout Association (in this Act referred to as the Association) was duly incorporated under the name of the Boy Scouts Association in the United Kingdom of Great Britain and Ireland by Royal Charter granted on 4 January 1912: AND WHEREAS the Association has the power under the said Charter to form Local Branches and Committees in all parts of His Majesty's Dominions, and to apply for and exercise any powers obtained under any Supplementary Charter or Act of Parliament, Imperial or Colonial, and whether Federal or Provincial which may be deemed expedient for any of the purposes of the Association: AND WHEREAS for providing and maintaining an efficient organization for promoting the objects of the Association, various Local Branches, including the Scout Association of Australia which was duly incorporated under the name of the Australian Boy Scouts Association by Royal Charter granted on 23 August 1967, have been formed under the power aforesaid in Australia: AND WHEREAS it is expedient to protect the Association and the Local Branches thereof in the Commonwealth: BE it therefore enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows: SCOUT ASSOCIATION ACT 1924 - SECT 1 Short title [see Note 1] This Act may be cited as the Scout Association Act 1924. SCOUT ASSOCIATION ACT 1924 - SECT 1A Application of the Criminal Code 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. SCOUT ASSOCIATION ACT 1924 - SECT 2 Unauthorised use of name 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 shall be guilty of an offence. Penalty: Ten dollars SCOUT ASSOCIATION ACT 1924 - SECT 3 Registration of uniforms 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. SCOUT ASSOCIATION ACT 1924 - SECT 4 Unauthorised user of uniform 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, shall be guilty of an offence. Penalty: Ten dollars Note: The defendant bears a legal burden in relation to the matter in this section, see section 13.4 of the Criminal Code. SCOUT ASSOCIATION ACT 1924 - SECT 5 No prosecution without consent of Minister No prosecution shall be instituted under this Act except with the consent of the Minister. SCOUT ASSOCIATION ACT 1924 - SECT 6 Act not to apply to Lifesaving Scouts of Salvation Army Nothing in this Act shall be deemed to apply to the Lifesaving Scouts of the Salvation Army as at present constituted. SCOUT ASSOCIATION ACT 1924 - NOTES Act No. 31 of 1924 as amended This compilation was prepared on 11 July 2008 taking into account amendments up to Act No. 73 of 2008 The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section Prepared by the Office of Legislative Drafting and Publishing, Attorney-General's Department, Canberra Contents 1............ Short title [see Note 1] ....................................................................... 1 1A......... Application of the Criminal Code ...................................................... 1 2............ Unauthorised use of name .................................................................. 2 3............ Registration of uniforms ..................................................................... 2 4............ Unauthorised user of uniform ............................................................. 2 5............ No prosecution without consent of Minister ..................................... 3 6............ Act not to apply to Lifesaving Scouts of Salvation Army ................. 3 Notes 5 SCOUT ASSOCIATION ACT 1924 - NOTES Notes to the Scout Association Act 1924 Note 1 The Scout Association Act 1924 as shown in this compilation comprises Act No. 31, 1924 amended as indicated in the Tables below. All relevant information pertaining to application, saving or transitional provisions prior to 1 October 2001 is not included in this compilation. For subsequent information see Table A. Table of Acts Act Number and year Date of Assent Date of commencement Application, saving or transitional provisions Boy Scouts' Association Act 1924 31, 1924 26 Sept 1924 26 Sept 1924 Statute Law Revision (Decimal Currency) Act 1966 93, 1966 29 Oct 1966 1 Dec 1966 -- Administrative Changes (Consequential Provisions) Act 1976 91, 1976 20 Sept 1976 20 Sept 1976 (a) S. 4 Statute Law (Miscellaneous Provisions) Act (No. 1) 1984 72, 1984 25 June 1984 Schedule: 23 July 1984 (b) S. 5(1) Industry, Science and Resources Legislation Amendment (Application of Criminal Code) Act 2001 140, 2001 1 Oct 2001 2 Oct 2001 S. 4 [see Table A] Designs (Consequential Amendments) Act 2003 148, 2003 17 Dec 2003 Schedules 1 and 2: (c) Remainder: Royal Assent -- Statute Law Revision Act 2008 73, 2008 3 July 2008 Schedule 4 (item 465): 4 July 2008 -- (a) By virtue of subsection 2(7) of the Administrative Changes (Consequential Provisions) Act 1976 the amendments made by that Act to the Scout Association Act 1924 are deemed to have come into operation of 22 December 1975. (b) The Scout Association Act 1924 was amended by the Schedule only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1984, subsection 2(1) of which provides as follows: (1) Subject to this section, this Act shall come into operation on the twenty-eighth day after the day on which it receives the Royal Assent. (c) Subsection 2(1) (item 2) of the Designs (Consequential Amendments) Act 2003 provides as follows: (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 2. Schedules 1 and 2 Immediately after the commencement of section 4 of the Designs Act 2003. 17 June 2004 Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted Provision affected How affected Title...................................... am. No. 72, 1984 Preamble............................. am. No. 72, 1984 S. 1...................................... rs. No. 72, 1984 S. 1A................................... ad. No. 140, 2001 S. 2...................................... am. No. 93, 1966; No. 72, 1984 S. 3...................................... am. No. 91, 1976; No. 148, 2003 S. 4...................................... am. No. 93, 1966; No. 73, 2008 Note to s. 4.......................... ad. No. 140, 2001 S. 5...................................... am. No. 91, 1976 Table A Application, saving or transitional provisions Industry, Science and Resources Legislation Amendment (Application of Criminal Code) Act 2001 (No. 140, 2001) 4 Application of amendments (1) Each amendment made by this Act applies to acts and omissions that take place after the amendment commences. (2) For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.