Document ID: chunk:federal_register_of_legislation:C2004A04362:front:0:p17
Version: federal_register_of_legislation:C2004A04362
Segment Type: other
Provision Reference: 
Character Range: 41089–43754

the carrier reasonably believes is disadvantaged on financial or health grounds.".

Basic carriage service must be tariffed if supplied to a person other than a carrier

52. Section 194 of the Principal Act is amended by adding at the end the following subsection:

"(3) Subsection (1) does not apply in relation to such basic carriage services, or in such circumstances, (if any) as are prescribed.".

53. After section 402 of the Principal Act the following section is inserted:

Person not to use protected name or protected symbol

  "402A.(1) A person must not, unless AUSTEL consents in writing:

    (a)     use in relation to a business, trade, profession or occupation; or

    (b)     use as the name, or as part of the name, of any firm, body corporate, institution, premises, vehicle, ship or craft (including aircraft); or

    (c)     apply, as a trade mark or otherwise, to goods imported, manufactured, produced, sold, offered for sale or let or hire; or

  (d)     use in relation to:

       (i) goods or services; or

         (ii) the promotion, by any means, of supply or use of goods or services;

either:

    (e) a protected name, or a name so closely resembling a protected name as to be likely to be mistaken for it; or

     (f) the protected symbol, or a symbol so closely resembling the protected symbol as to be likely to be mistaken for it.

Penalty: $3,000.

  "(2) Nothing in subsection (1) limits anything else in that subsection.

"(3) Nothing in subsection (1), so far as it applies in relation to a protected name or in relation to the protected symbol, affects rights conferred by law on a person in relation to:

    (a)     a trade mark that is registered under the Trade Marks Act 1955; or

  (b)     a design that is registered under the Designs Act 1906;

and was so registered immediately before the commencement of Part 10 of the Transport and Communications Legislation Amendment Act (No. 2) 1992 in relation to the name or symbol.

"(4) Nothing in this section, so far as it applies to a protected name or in relation to the protected symbol, affects the use, or rights conferred by law relating to the use, of the name or symbol by a person in a particular manner if, immediately before the commencement of Part 10 of the Transport and Communications Legislation Amendment Act (No. 2) 1992, the person:

    (a)     was using the name or the symbol 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 name or the symbol or a similar name or symbol, goods or services as the goods or services of the first-mentioned person.

"(5)