Document ID: chunk:federal_register_of_legislation:C2024C00024:section:41c:p3
Version: federal_register_of_legislation:C2024C00024
Segment Type: section
Provision Reference: s 41C (pt 3/3)
Character Range: 68905–69807

or (2); or
 (b) immediately before that date the person would have been entitled to prevent another person from passing off, by means of the use of that name or symbol or of a similar name or symbol, goods or services as the goods or services of that first‑mentioned person.
 (9) No action or proceeding, whether criminal or civil, lies against the Commonwealth for or in relation to the use by the Commonwealth of the name "medicare" or "Medicare Australia" or of an official "medicare" or "Medicare Australia" symbol.
 (10) To the extent that subsection (9) results in an acquisition of property from any person, the Commonwealth is liable to pay to that person such compensation as is agreed upon between them or, in default of agreement, as is determined by the Federal Court of Australia.
 (11) The Federal Court of Australia has jurisdiction with respect of matters arising under subsection (10).