UNIVERSITY OF ADELAIDE ACT 1971 - SECT 5B

UNIVERSITY OF ADELAIDE ACT 1971 - SECT 5B

5B—Protection of proprietary interests of University

        (1)         The University has a proprietary interest in all official insignia.

        (2)         A person must not, without the consent of the University, in the course of a trade or business—

            (a)         use a name in which the University has a proprietary interest under this section for the purpose of promoting the sale of services or the provision of any benefits; or

            (b)         sell goods marked with official insignia; or

            (c)         use official insignia for the purpose of promoting the sale of goods or services.

Maximum penalty: $20 000.

        (3)         A person must not, without the consent of the University, assume a name or description that consists of, or includes, official insignia.

Maximum penalty: $20 000.

        (4)         A consent under this section—

            (a)         may be given with or without conditions (including conditions requiring payment to the University); and

            (b)         must be given in writing addressed to the applicant for the consent; and

            (c)         may be revoked by the University for a breach of a condition by notice in writing given personally or by post to a person who has the benefit of the consent.

        (5)         The Supreme Court may, on the application of the University, grant an injunction to restrain a breach of this section.

        (6)         The court by which a person is convicted of an offence against this section may, on the application of the University, order the convicted person to pay compensation of an amount fixed by the court to the University.

        (7)         Subsections (5) and (6) do not derogate from any civil remedy that may be available to the University apart from those subsections.