Document ID: chunk:federal_register_of_legislation:C2004A03722:body:0:p10
Version: federal_register_of_legislation:C2004A03722
Segment Type: other
Provision Reference: 
Character Range: 23402–25941

conferred by law relating to the use, of a name (in this subsection called the 'relevant name') by a person in a particular manner if, at the protection time in relation to the protected name, the person:
     (a) was using the relevant name in good faith in that manner; or
     (b) would have been entitled to prevent another person from passing off, by means of the use of the relevant name or a similar name, goods or services as the goods or services of the first-mentioned person.

Use of other names by protected bodies
"68. This Part does not prevent a protected body from operating in a State or Territory under a name other than a protected name.

Effect on State and Territory laws
"69. This Part does not prevent a protected body from registering a name under a law of a State or Territory.

"PART IVA—STAFF MATTERS

Employment of staff members continues after transition
"70. Each staff member continues at and after the transition to be employed by OTC.

Act not to affect certain matters relating to staff members
"71. (1) This section has effect for the purposes of the application, at any time at or after the transition, of a law, award, determination or agreement in relation to the employment of a staff member.
"(2) Neither his or her contract of employment, nor his or her period of employment, shall be taken to have been broken by the operation of this Act.
"(3) Without limiting section 70 or subsection (2) of this section, this Act does not affect any accrued rights that the staff member had immediately before the transition in relation to any kind of leave.

"(4) Where:
     (a) if the staff member had, immediately before the transition, ceased to be employed by OTC, it would have been necessary to take into account a period during which the staff member was employed by OTC or any other person to determine:
         (i) an amount payable to the staff member; or
         (ii) a benefit to which the staff member would have been entitled;
     because of his or her so ceasing; and
     (b) but for this subsection, some or all of that period would not have to be taken into account as a period during which the staff member was employed by OTC;
OTC shall treat the whole of the first-mentioned period as a period during which the staff member was employed by it.

Effect of sections 70 and 71
"72. Sections 70 and 71 are enacted only for the avoidance of doubt and, in particular, do not limit subsection 65 (5) or 87 (2) of the Companies Act 1981.

Application of Part IV of Public Service Act
"73. For