Document ID: chunk:federal_register_of_legislation:F2024C01048:reg:77
Version: federal_register_of_legislation:F2024C01048
Segment Type: reg
Provision Reference: reg 77
Character Range: 102983–105122

77  Consent to use prohibited words or letters

Application
 (1) A person may apply to the Minister for consent to use prohibited words or prohibited letters in connection with:
 (a) a trade, business, calling or profession; or
 (b) an organisation or body of persons.
 (2) An application under subsection (1) must:
 (a) be in writing; and
 (b) set out the prohibited words or prohibited letters to which the application relates; and
 (c) set out the proposed use of the prohibited words or prohibited letters.

Matters to which the Minister must have regard
 (3) Without limiting the matters to which the Minister may have regard when deciding whether to approve the application, the Minister must have regard to the following:
 (a) either:
 (i) the trade, business, calling or profession of the applicant; or
 (ii) the purposes, constitution and structure of the applicant;
 (b) if the applicant has previously been given consent to use prohibited words or prohibited letters—the way in which the applicant used the prohibited words or prohibited letters to which the consent related;
 (c) the period for which consent is sought.

Minister may request further information
 (4) The Minister may, by written notice, require the applicant to give the Minister further information in connection with the application.

Consent may be subject to conditions
 (5) Consent may be given subject to conditions, including but not limited to conditions about the following matters:
 (a) notifying the Minister about any change to:
 (i) the purposes, constitution or structure of the applicant; or
 (ii) the trade, business, calling or profession of the applicant; or
 (iii) any other matter, to the extent that the change may affect the ability of the applicant to use the prohibited words or prohibited letters in the applicant's trade, business, calling or profession;
 (b) the period for which consent is given;
 (c) the way in which the applicant may, or may not, use the prohibited words or prohibited letters to which the consent relates;
 (d) the protection and use of the prohibited words or prohibited letters to which the consent relates.