Document ID: chunk:federal_register_of_legislation:C2004A03814:body:0:p9
Version: federal_register_of_legislation:C2004A03814
Segment Type: other
Provision Reference: 
Character Range: 20437–22992

Act 1981.

Accounts
"25. (1) This section has effect for the purposes of:
     (a) the Companies Act 1981; and
     (b) the Companies (Transitional Provisions) Act 1981 as it applies in relation to, and in relation to persons and matters associated with, SMEC because of subsection 90 (6) of the Companies Act 1981.
"(2) A report and financial statements that were prepared under section 63h of the Audit Act 1901 (as that section applied in relation to SMEC because of this Act) in relation to a period and furnished to the Minister on a particular day shall be taken to be a profit and loss account of SMEC that was:
     (a) made out in relation to that period; and
     (b) laid before SMEC at an annual general meeting of SMEC held on that day.

Operation of section 25b of Acts Interpretation Act
"26. Nothing in this Act or in the Companies Act 1981 affects, or is affected by, section 25b of the Acts Interpretation Act 1901 as that section applies in relation to SMEC.".
13. After Part V of the Principal Act the following Parts are inserted:

"PART Va—USE OF CERTAIN NAMES

Protected body may operate under protected company name
"39a. A protected body whose name is a protected company name may operate under the name in a State or Territory even if the name is not

registered in relation to the body under a particular law, or any law, in force in the State or Territory.

Protected body may operate under protected business name
"39b. (1) A protected body may operate under a protected business name in a State or Territory even if the name is not registered in relation to the body under a particular law, or any law, in force in the State or Territory.
"(2) Nothing in this section permits more than one body to operate under the same name at the same time in the same State or Territory.

Other persons not to use protected names
"39c. (1) A person other than a protected body shall not:
     (a) use in relation to a business, trade, profession or occupation;
     (b) use as the name, or as part of the name, of any firm, body corporate, institution, premises, vehicle, ship or craft (including aircraft);
     (c) apply, as a trade mark or otherwise, to goods imported, manufactured, produced, sold, offered for sale or let for hire; or
     (d) use in relation to:
        (i) goods or services; or
        (ii) the promotion, by any means, of the supply or use of goods or services;
a protected name, or a name so closely resembling a protected name as to be likely to be mistaken for it.
Penalty: $1,000.
"(2) Nothing in subsection