Document ID: chunk:federal_register_of_legislation:C2024C00024:section:41c:p1
Version: federal_register_of_legislation:C2024C00024
Segment Type: section
Provision Reference: s 41C (pt 1/3)
Character Range: 64229–66834

41C  Protection of names and symbols
 (1) A person who:
 (a) uses the name "medicare" or "Medicare Australia", or a prescribed symbol, in connection with a business, trade, profession or occupation;
 (b) sells, offers for sale, exposes for sale or lets for hire, or otherwise has in his or her possession for sale or hire, goods to which the name "medicare" or "Medicare Australia" or a prescribed symbol has been applied;
 (c) uses the name "medicare" or "Medicare Australia" or a prescribed symbol in relation to goods or to the promotion, by any means, of the supply or use of goods; or
 (d) imports into Australia for sale, or for use for the purposes of any business, trade, profession or occupation, any article to which the name "medicare" or "Medicare Australia" or a prescribed symbol has been applied outside Australia;
commits an offence against this section.
Note: See section 41CA for exceptions.
 (2) Where the name "medicare" or "Medicare Australia" or a prescribed symbol:
 (a) is used as, or as part of, the name or emblem of an association;
 (b) is used as, or as part of, the name or emblem of a newspaper or magazine owned by, or published by or on behalf of, an association; or
 (c) is used by an association in connection with any activity of the association with the result of implying that the association is in any way connected with the Commonwealth, the Chief Executive Medicare or Services Australia;
then:
 (d) if the association is a body corporate—the association; or
 (e) if the association is not a body corporate—every member of the committee of management or other governing body of the association;
commits an offence against this section.
Note: See section 41CA for exceptions.
 (3) A person who commits an offence against this section is punishable, upon conviction:
 (a) in the case of a person not being a body corporate—by a fine not exceeding 20 penalty units; or
 (b) in the case of a person being a body corporate—by a fine not exceeding 40 penalty units.
 (4) The conviction of a person of an offence against this section in respect of the use of a name or prescribed symbol does not prevent a further conviction of that person in respect of the use of that name or prescribed symbol at any time after the first‑mentioned conviction.
 (5) For the purposes of this section:
 (a) a reference to the name "medicare" or "Medicare Australia" is to be read as including a reference to a name or expression that so nearly resembles the name as to be capable of being mistaken for the name; and
 (b) a reference to an official "medicare" or "Medicare Australia" symbol