Commonwealth Consolidated Acts

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EXPORT FINANCE AND INSURANCE CORPORATION ACT 1991 - SECT 81

Use of name of Corporation

  (1)   The corporation established by this Act may conduct its operations under its full name, under the acronym EFIC or under the name "Export Finance Australia".

  (2)   A person other than EFIC must not:

  (a)   use in connection with a business, trade, profession or occupation; or

  (b)   use as the name, or as part of the name, of any firm, body corporate or institution; or

  (c)   use in relation to:

  (i)   services or products; or

  (ii)   the promotion, by any means, of the supply of services or products;

the name of EFIC, the acronym EFIC, the name "Export Finance Australia" or a name or acronym so closely resembling the name of EFIC, the acronym EFIC or the name "Export Finance Australia" as to be likely to be mistaken for it.

Penalty:   10 penalty units.

  (3)   Nothing in subsection   (2) applies to the use of a name or acronym (the protected name or acronym ) by a person in a particular manner if:

  (a)   to the extent that subsection   (2) applies in relation to the name of EFIC or the acronym EFIC--immediately before the commencement of this Act, the person was using the protected name or acronym in good faith in that manner; or

  (b)   to the extent that subsection   (2) applies in relation to the name "Export Finance Australia"--immediately before the commencement of this paragraph, the person was using the protected name or acronym in good faith in that manner.

  (4)   Nothing in subsection   (2) affects rights conferred by law in relation to the use of a name or acronym, or the use of the name or acronym in pursuance of such a right, if:

  (a)   to the extent that subsection   (2) applies in relation to the name of EFIC or the acronym EFIC--the rights were in existence immediately before the commencement of this Act; or

  (b)   to the extent that subsection   (2) applies in relation to the name "Export Finance Australia"--the rights were in existence immediately before the commencement of this paragraph.



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