Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to this section, a person shall not, without the consent in writing of the Minister or of a person authorized in writing by the Minister to give consents under this section, use for any purpose whatsoever any of the following:
(a) the emblem of a red cross with vertical and horizontal arms of the same length on, and completely surrounded by, a white ground, or the designation "Red Cross" or "Geneva Cross";
(b) the emblem of a red crescent moon on, and completely surrounded by, a white ground, or the designation "Red Crescent" ;
(c) the following emblem in red on, and completely surrounded by, a white ground, that is to say, a lion passing from right to left of, and with its face turned towards, the observer, holding erect in its raised right forepaw a scimitar, with, appearing above the lion's back, the upper half of the sun shooting forth rays, or the designation "Red Lion and Sun";
(ca) the emblem of a red frame in the shape of a square on edge on a white ground, or the designation "Red Crystal";
(d) the emblem of a white or silver cross with vertical and horizontal arms of the same length on, and completely surrounded by, a red ground, being the heraldic emblem of the Swiss Confederation;
(e) a design or wording so nearly resembling any of the emblems or designations specified in paragraph ( a), (b), (c) , (ca) or (d) as to be capable of being mistaken for, or, as the case may be, understood as referring to, one of those emblems;
(f) such other emblems, identity cards, signs, signals, insignia or uniforms as are prescribed for the purpose of giving effect to Protocol I or Protocol III .
(1A) Subsection ( 1) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .
(2) The Minister or a person authorized by the Minister to give consents under this section shall not refuse to give such a consent, and shall not withdraw such a consent, except for the purpose of giving effect to the provisions of the Conventions or of Protocol I.
(3) An authority given under section 4 of the Geneva Convention Act 1938 and in force immediately before the commencement of this section shall be deemed to be a consent to the like effect given by the Minister under this section.
(4) Where a court convicts a person of an offence against subsection ( 1), the court may order the forfeiture to the Commonwealth of:
(a) any goods upon or in connection with which an emblem, designation, design, wording or sign was used by that person; and
(b) any identity cards, insignia or uniforms used in the commission of the offence.
(5) In the case of a trade mark registered before the day to which subsection ( 5A) applies , subsections ( 1), (2), (3) and (4) do not apply by reason only of its consisting of or containing an emblem or designation specified in paragraph ( 1)(b), (c) or (ca) or a design or wording resembling such an emblem or designation; and where a person is charged with using such an emblem, designation, design or wording for any purpose and it is proved that the person used it otherwise than as, or as part of, a trade mark so registered, it is a defence for the person to prove:
(a) that the person lawfully used that emblem, designation, design or wording for that purpose before the day to which subsection ( 5A) applies ; or
(b) in a case where the person is charged with using the emblem, designation, design or wording upon goods, that the emblem, designation, design or wording had been applied to the goods before the person acquired them by some other person who had manufactured or dealt with the goods in the course of trade and who lawfully used the emblem, designation, design or wording upon similar goods before the day to which subsection ( 5A) applies .
(5A) For the purposes of subsection ( 5), this subsection applies to the following day:
(a) to the extent that subsection ( 5) applies in relation to a trade mark consisting of or containing an emblem or designation specified in paragraph ( 1)(b) or (c) or a design or wording resembling such an emblem or designation--the day on which this Act received the Royal Assent;
(b) to the extent that subsection ( 5) applies in relation to a trade mark consisting of or containing an emblem or designation specified in paragraph ( 1)(ca) or a design or wording resembling such an emblem or designation--the day on which Schedule 1 to the Defence Legislation (Miscellaneous Amendments) Act 2009 commenced.
(6) Where an offence against this section committed by a body corporate is proved to have been committed with the consent or connivance of a director, manager, secretary or other officer of the body corporate, or a person purporting to act in any such capacity, he or she, as well as the body corporate, is taken to have committed the offence and shall be liable to be proceeded against and punished accordingly.
(7) This section extends to the use in or outside Australia of an emblem, designation, design, wording, sign, signal, identity card, insignia or uniform referred to in subsection ( 1) on any ship or aircraft registered in Australia .
(8) Proceedings under this section shall not be instituted without the consent in writing of the Attorney - General.