Commonwealth Consolidated Regulations

DEFENCE (PROHIBITED WORDS AND LETTERS) REGULATIONS 1957 - REG 4

(1) The Minister may:

(a)

consent to the use of the word, words or group of letters; or

(b)

refuse the application.

(2) The Minister must have regard to the following matters when considering the application:

(a)

the purposes, constitution and structure of the applicant;

(b)

the trade, business, calling or profession of the applicant;

(c)

the financial resources of the applicant, to the extent that those resources affect its ability to use the words or group of letters in its trade, business, calling or profession;

(d)

if the applicant has previously received a consent under these Regulations — the way in which the applicant used the words or group of letters to which the consent related;

(e)

the period for which consent is sought.

(3)

The Minister may have regard to other matters, relating to the protection and use of the words or group of letters to which the application relates, when considering the application.

(4) Consent may be given subject to conditions about the following matters:
(a) notifying the Minister about any change to:

(i)

the purposes, constitution or structure of the organisation or body; or

(ii)

the trade, business, calling or profession of the applicant; or

(iii)

any other matter, to the extent that the change may affect the ability of the organisation or body to use the words or group of letters in its trade, business, calling or profession;

(b)

the period for which consent is given;

(c)

the way in which the applicant may, or may not, use the words or group of letters to which the consent relates;

(d)

the protection and use of the words or group of letters to which the consent relates.

(5)

Application may be made to the Administrative Appeals Tribunal for review of a decision to refuse an application for consent, or a decision relating to a condition.