POLICE ACT 1990 - SECT 204A
Use of "police" in operating name
POLICE ACT 1990 - SECT 204A
Use of "police" in operating name
204A Use of "police" in operating name
(1) A person or body of persons
(whether incorporated or not) must not carry on any activity under an
operating name that includes the word "police".
: Maximum penalty--100 penalty
units.
(2) An offence under this section committed by an unincorporated body
of persons is taken to have been committed by each person who has been a
member of the body's governing body at any time while the offence has been
committed.
(3) This section does not prevent a person or body of persons from
doing anything in accordance with--
(a) the terms of a consent in force under
section 204B, or
(b) in relation to an operating name that is registered, or
required to be registered, under the Business Names Registration Act 2011 of
the Commonwealth--any consent or other authorisation (if any) to use "police"
in that name given by or under that Act.
(4) This section does not apply to--
(a) any body that has, among its primary objects, the object of commenting on,
objecting to or protesting against the policies or practices of public
authorities such as the NSW Police Force, or
(b) any other body or class of
bodies that is declared by the regulations to be a body or class of bodies to
which this section does not apply.
(5) In this section,
"operating name" includes any name, style, title or designation under which a
person or body carries on an activity, any name under which an association is
incorporated under the Associations Incorporation Act 2009 and any business
name registered under the Business Names Registration Act 2011 of the
Commonwealth in relation to a person, but does not include--
(a) in the case
of an individual, the individual's family name, either alone or together
with--
(i) one or more of the individual's given names, or
(ii) one or more
of the initials of the individual's given names, or
(iii) a combination of
one or more of the individual's given names and one or more of the initials of
the individual's remaining given names, or
(b) in the case of a corporation,
the corporation's corporate name, or
(c) in the case of an industrial
organisation registered under the Industrial Relations Act 1996 , the name
under which the industrial organisation is registered, or
(d) in the case of
any other statutory body, the name under which the body is incorporated,
constituted or established.
Note : Section 12 (2) (b) and (e) of the
Business Names Registration Act 2011 of the Commonwealth (the
"Commonwealth Act" ) provide that the business names legislation referred to
in that section is not intended to exclude or limit the concurrent operation
of a law of a State that--
(a) prohibits or restricts the use of a word or
expression by an entity or class of entities, or
(b) imposes obligations on
an entity or class of entities that are in addition to obligations imposed
under that Act.
Sections 19 (5) and 20 (3) of the Commonwealth Act also
provide that an entity does not commit an offence under those sections
concerning the inclusion or display of registered business names in written
communications and at places of business if the inclusion, use or display of a
business name in such a communication or at such a place would be contrary to
a law of a State.
