Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person commits an offence if the person:
(a) uses in relation to a business, trade, profession or occupation; or
(b) uses as the name, or as part of the name, of any firm, body corporate, institution, premises, vehicle, ship or craft (including aircraft); or
(c) applies, as a trade mark or otherwise, to goods imported, manufactured, produced, sold, offered for sale or let on hire; or
(d) uses in relation to:
(i) goods or services; or
(ii) the promotion, by any means, of the supply or use of goods or services;
either:
(e) a protected name, or a name so closely resembling a protected name as to be likely to be mistaken for it; or
(f) a protected symbol, or a symbol so closely resembling a protected symbol as to be likely to be mistaken for it.
(2) Subsection (1) does not apply if the ACMA consents in writing to the use or application of the name or symbol.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code ).
(3) Nothing in subsection (1), so far as it applies in relation to a protected name or in relation to a protected symbol, affects rights conferred by law on a person in relation to:
(a) a trade mark that is registered under the Trade Marks Act 1995 ; or
(b) a design that is registered under the Designs Act 2003 ;
and was registered under the Trade Marks Act 1995 or the Designs Act 1906 immediately before 11 May 2004 in relation to the name or symbol.
(4) Nothing in this section, so far as it applies to a protected name or in relation to a protected symbol, affects the use, or rights conferred by law relating to the use, of the name or symbol by a person in a particular manner if, immediately before 11 May 2004, the person:
(a) was using the name or the symbol 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 name or the symbol or a similar name or symbol, goods or services as the goods or services of the first - mentioned person.
(5) Subsection (1) does not apply to a person who uses or applies a protected name or a protected symbol for the purpose of labelling customer equipment or customer cabling in accordance with section 407 of the Telecommunications Act 1997 or equipment rules made under the Radiocommunications Act 1992 .
(6) The prosecution bears the evidential burden, and the legal burden, in relation to the matters in subsections (3), (4) and (5) (despite subsection 13.3(3) of the Criminal Code ).
(7) In this section:
"customer cabling" has the same meaning as in the Telecommunications Act 1997 .
"customer equipment" has the same meaning as in the Telecommunications Act 1997 .
"protected name" means:
(a) "ACMA"; or
(b) "Australian Communications and Media Authority".
"protected symbol" means an official symbol of the ACMA, the design of which is prescribed in the regulations.