Document ID: chunk:federal_register_of_legislation:C2004A03814:body:0:p10
Version: federal_register_of_legislation:C2004A03814
Segment Type: other
Provision Reference: 
Character Range: 22775–25337

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 (1) limits anything else in that subsection.

Exceptions for pre-existing rights
"39d. (1) Nothing in section 39c, so far as it applies in relation to a particular protected name, 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 at the protection time in relation to the name.
"(2) Nothing in section 39c, so far as it applies in relation to a particular protected name, affects the use, or rights 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
"39e. 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
"39f. This Part does not prevent a protected body from registering a name under a law of a State or Territory.

"PART Vb—STAFF MATTERS

Employment of staff members continues after transition
"39g. Subject to this Part, each staff member continues, at and after the transition, to be employed by SMEC on the terms and conditions on which he or she was employed by SMEC immediately before the transition.

Act not to affect certain matters relating to staff members
"39h. (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 39g 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