Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to
subsection (5), a person who, without the consent in writing of the
Mint —
(a) uses
the name, or an abbreviation of the name, of the Mint, or a prescribed symbol,
in connection with a business, trade, profession or occupation;
(b)
sells, offers for sale, exposes for sale, or otherwise has in his possession
for sale, goods or securities to which the name, or an abbreviation of the
name, of the Mint, or a prescribed symbol, has been applied;
(c) uses
the name, or an abbreviation of the name, of the Mint, or a prescribed symbol,
in relation to goods or securities or to the promotion, by any means, of the
supply or use of goods or securities; or
(d)
imports into the State for sale, or for use for the purposes of any trade or
business, any article to which the name, or an abbreviation of the name, of
the Mint or a prescribed symbol has been applied, outside the State, without
the consent in writing of the Mint,
commits an offence.
(2) Subject to
subsection (3), where, without the consent in writing of the Mint, the
name, or an abbreviation of the name of the Mint or a prescribed
symbol —
(a) is
used as, or as part of, the name or emblem of a person; or
(b) is
used by a person in connection with any activity of the person so as to imply
that the person is in any way connected with the Mint,
the person commits an
offence.
(3) A person shall not
be convicted of an offence against this section in respect of the use of
an abbreviation of the name of the Mint if the use occurred in such
circumstances, or in relation to such matters, as to be unlikely to be taken
to imply any connection with the Mint, unless the prosecution proves that the
use was intended to imply such a connection.
(4) The conviction of
a person for an offence against this section in respect of the use of a
name, abbreviation of a name, or prescribed symbol does not prevent a further
conviction of that person in respect of the use of that name, abbreviation or
prescribed symbol at any time after the first-mentioned conviction.
(5) For the purposes
of this section —
(a) any
combination of words or letters, or of both words and letters, that is capable
of being understood as referring to the Mint shall be taken to be an
abbreviation of the name of the Mint;
(b) a
reference to a prescribed symbol shall be read as including a reference to an
emblem, brand, design, symbol, logo or mark that —
(i)
is identical with a prescribed symbol; or
(ii)
so nearly resembles a prescribed symbol as to be capable
of being mistaken for a prescribed symbol;
(c) a
name, abbreviation, or prescribed symbol shall be taken to be applied to goods
or securities if it —
(i)
is impressed on, worked into or affixed to the goods or
securities; or
(ii)
is applied to a covering, label, or other thing in or
with which the goods or securities are supplied;
(d) the
reference in paragraph (c) to a covering includes a reference to a
vessel, box, capsule, case, frame or wrapper and the reference in that
paragraph to a label includes a reference to a band or ticket;
(e) a
name, abbreviation, or prescribed symbol shall be taken to be used in relation
to goods or securities or to the promotion of the supply or use of goods or
securities, if it is used in a sign, advertisement (whether printed, broadcast
or televised), invoice, catalogue, price list or other document in relation to
the goods or securities; and
(f) a
reference to the Mint includes a reference to the Royal Mint, The Perth Mint
and to a person authorised by, or associated jointly with, the Mint in
relation to any function of the Mint, being a person prescribed for the
purposes of this section, in relation to any activity carried on by that
person and so prescribed.
(6) Proceedings under
this section shall not be instituted without the consent in writing of
the Attorney General.
(7) A person who
commits an offence against this section is punishable upon
conviction —
(a) in
the case of a person other than a body corporate, by a fine not exceeding
$2 000; or
(b) in
the case of a body corporate, by a fine not exceeding $4 000.