Document ID: chunk:federal_register_of_legislation:C2024C00823:section:165:p1
Version: federal_register_of_legislation:C2024C00823
Segment Type: section
Provision Reference: s 165 (pt 1/2)
Character Range: 406712–409380

165  Use or application of protected symbols

General prohibition
 (1) A person must not:
 (a) use in relation to a business, trade, profession or occupation; or
 (b) apply (as a trade mark or otherwise) to goods imported, manufactured, produced, sold, offered for sale or let on hire; or
 (c) 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 symbol, or a symbol so closely resembling a protected symbol as to be likely to be mistaken for it.
Civil penalty: 50 penalty units.
 (2) Nothing in subsection (1) limits anything else in that subsection.

Use or application—corporations power
 (3) A constitutional corporation must not:
 (a) use in relation to a business, trade, profession or occupation; or
 (b) apply (as a trade mark or otherwise) to goods imported, manufactured, produced, sold, offered for sale or let on hire; or
 (c) 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 symbol, or a symbol so closely resembling a protected symbol as to be likely to be mistaken for it.
Civil penalty: 50 penalty units.
 (4) Nothing in subsection (3) limits anything else in that subsection.

Use or application—other legislative powers
 (5) A person must not:
 (a) use in relation to a business, trade, profession or occupation; or
 (b) apply (as a trade mark or otherwise) to goods imported, manufactured, produced, sold, offered for sale or let on hire; or
 (c) 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 symbol, or a symbol so closely resembling a protected symbol as to be likely to be mistaken for it, if the use or application is in the course of, or in relation to:
 (d) trade or commerce between Australia and places outside Australia; or
 (e) trade or commerce among the States; or
 (f) trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or
 (g) the supply of goods or services to:
 (i) the Commonwealth; or
 (ii) a Territory; or
 (iii) an authority or instrumentality of the Commonwealth; or
 (iv) an authority or instrumentality of a Territory; or
 (h) the defence of Australia; or
 (i) the operation of lighthouses, lightships, beacons or buoys; or
 (j) astronomical or meteorological observations; or
 (k) an activity of a constitutional corporation; or
 (l) banking, other than State banking; or
 (m) insurance, other than State insurance; or
 (n) weighing or measuring.
Civil penalty: 50 penalty units.
 (6) Nothing in subsection (5) limits