Document ID: chunk:federal_register_of_legislation:C2024C00048:section:38:p2
Version: federal_register_of_legislation:C2024C00048
Segment Type: section
Provision Reference: s 38 (pt 2/3)
Character Range: 16859–19510

or the provision of services by the Commonwealth.
 (3B) The prosecution bears the legal burden in relation to the matter in subsection (3A).
 (4) In this section:
protected name means any of the following names:
 (a) "Commonwealth Services Delivery Agency";
 (aa) "Services Australia";
 (b) such other names as are prescribed.
protected symbol means:
 (a) a symbol:
 (i) that is used, or for use, in connection with the performance of any or all of the functions of the Chief Executive Centrelink; and
 (ii) the design of which is set out in the regulations; or
 (b) a symbol:
 (i) that is used, or for use, in connection with one or more services, benefits, programs or facilities, where Departmental employees are involved in the provision of those services, benefits, programs or facilities; and
 (ii) the design of which is set out in the regulations.
protection time means:
 (a) in relation to the name "Commonwealth Services Delivery Agency"—the time immediately before the commencement of this Act; or
 (aa) in relation to the name "Services Australia"—the time immediately before the day the Services Australia Governance Amendment Act 2020 receives the Royal Assent; or
 (b) in relation to any other name—the time immediately before the commencement of the regulation prescribing the name; or
 (c) in relation to a protected symbol—the time immediately before the commencement of the regulation setting out the design of the symbol.
 (5) To avoid doubt, a name may be prescribed by regulations made for the purposes of paragraph (b) of the definition of protected name in subsection (4) even if the name is not used, or for use, in connection with the performance of any or all of the functions of the Chief Executive Centrelink.
 (6) To avoid doubt, the design of a symbol may be set out in regulations made for the purposes of subparagraph (b)(ii) of the definition of protected symbol in subsection (4) even if the symbol is not used, or for use, in connection with the performance of any or all of the functions of the Chief Executive Centrelink.
 (7) For the purposes of subparagraph (b)(i) of the definition of protected symbol in subsection (4), a person is taken to be involved in the provision of services, benefits, programs or facilities if the person's duties include:
 (a) making payments in connection with the services, benefits, programs or facilities; or
 (b) making decisions in connection with the services, benefits, programs or facilities; or
 (c) collecting information in connection with the services, benefits, programs or facilities; or
 (d) providing information about the services, benefits, programs or facilities.