Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person must not:
(a) use in relation to a business, trade, profession or occupation; or
(b) apply, as a trade mark or otherwise, to goods imported, manufactured, produced, sold, offered for sale or let on hire; or
(c) use in relation to:
(i) goods or services; or
(ii) the promotion, by any means, of the supply or use of goods or services;
a protected symbol, or a symbol so closely resembling a protected symbol as to be likely to be mistaken for it.
(2) A person who contravenes subsection (1) commits an offence punishable on conviction by a fine not exceeding 30 penalty units.
Note 1: See also sections 4AA and 4B of the Crimes Act 1914 .
Note 2: See also Division 13 of this Part (which deals with the payment of penalties as an alternative to prosecution).
(3) Nothing in subsection (1) limits anything else in that subsection.
(4) Nothing in subsection (1), so far as it applies 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 16 August 1996 in relation to the symbol.
(5) Nothing in this section, so far as it applies to a protected symbol, affects the use, or rights conferred by law relating to the use, of the symbol by a person in a particular manner if, immediately before 16 August 1996, the person:
(a) was using 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 symbol or a similar symbol, goods or services as the goods or services of the first - mentioned person.
(6) This section does not apply to a person who uses or applies a protected symbol for the purposes of labelling customer equipment or customer cabling in accordance with section 407 .
(6A) This section does not apply to a person who uses or applies a protected symbol for the purposes of labelling equipment in accordance with equipment rules made under the Radiocommunications Act 1992.
(7) This section does not apply to a person who uses or applies a protected symbol for a purpose of a kind specified in a written determination made by the ACMA.
(8) A reference in this section to a protected symbol is a reference to:
(a) the symbol known in the telecommunications industry as the C - Tick mark:
(i) the design of which is set out in a written determination made by the ACMA; and
(ii) a purpose of which, after the commencement of this section, is to indicate compliance by customer equipment or customer cabling with applicable section 376 standards; or
(b) a symbol:
(i) the design of which is set out in a written determination made by the ACMA; and
(ii) a purpose of which, after the commencement of this section, is to indicate compliance by customer equipment or customer cabling with applicable section 376 standards; or
(c) a symbol:
(i) the design of which is set out in a written determination made by the ACMA; and
(ii) a purpose of which, after the commencement of this section, is to indicate non - compliance by customer equipment or customer cabling with applicable section 376 standards.
(9) For the purposes of this Part, if:
(a) a label is applied to customer equipment or customer cabling; and
(b) the label embodies a symbol referred to in paragraph (8)(a) or (b);
the label is taken to indicate that the equipment or cabling meets the requirements of each applicable section 376 standard.
(10) For the purposes of this Part, if:
(a) a label is applied to customer equipment or customer cabling; and
(b) the label embodies a symbol referred to in paragraph (8)(c);
the label is taken to indicate that the equipment or cabling does not meet the requirements of each applicable section 376 standard.
(11) For the purposes of this section, a section 376 standard is taken to be applicable in relation to customer equipment or customer cabling if, and only if, the standard was specified in the section 407 requirement that dealt with the manufacture or importation of the equipment or cabling.
(12) A determination made by the ACMA under subsection (7) or (8) is a legislative instrument.
(13) In addition to its effect apart from this subsection, this section also has the effect it would have if a reference in subsection (1) to a person were, by express provision, confined to a corporation to which paragraph 51(xx) of the Constitution applies.
(14) In addition to its effect apart from this subsection, this section also has the effect it would have if each reference in subsection (1) to use, or to application, were a reference to use or application, as the case may be, in the course of, or in relation to:
(a) trade or commerce between Australia and places outside Australia; or
(b) trade or commerce among the States; or
(c) trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or
(d) the supply of goods or services to the Commonwealth, to a Territory or to an authority or instrumentality of the Commonwealth or of a Territory; or
(e) the defence of Australia; or
(f) the operation of lighthouses, lightships, beacons or buoys; or
(g) astronomical or meteorological observations; or
(h) an activity of a corporation to which paragraph 51(xx) of the Constitution applies; or
(i) banking, other than State banking; or
(j) insurance, other than State insurance; or
(k) weighing or measuring.