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Australia

National Security (Supplementary) Regulations

 

 

DEFENCE TRANSITION (RESIDUAL PROVISIONS) ACT

NATIONAL SECURITY (SUPPLEMENTARY) REGULATIONS.*

Citation.

1. These Regulations may be cited as the National Security (Supplementary) Regulations.*

Certain matters not to be registered as trade marks or designs.

Added by 1942, No. 269 Sub-reg. (1.) amended by Act No. 77, 1946.

62.-(1.) The Registrar of Trade Marks may refuse to register any trade mark which contains-

(a) any word or group of letters specified in any order in force by virtue of the Defence (Transitional Provisions) Act 1946 whereby the assumption or use of that word or group is prohibited; or

(b) any representation of any badge or emblem to which this regulation applies,

or any mark so nearly resembling any such word, badge or emblem as to be likely to deceive.

Amended by Act No. 77, 1946.

(2.) The Registrar of Designs may refuse to register any design which consists of, embodies or contains-

(a) any representation of-

(i) the King, the Queen, or any member of the Royal Family;

(ii) the Royal arms, crests, armorial bearings, insignia or devices, or arms, crests, armorial bearings, insignia or devices so nearly resembling them as to be likely to be taken therefor, or of the Royal crowns or of the British national flags, or the word "Royal", or any other words, letters or devices likely to lead persons to think that the applicant had royal or government patronage or authorization;

(iii) the arms, flags or seal of the Commonwealth or of any State or Territory of the Commonwealth;

(iv) the armorial bearings, flags, state emblems, or signs of any country other than the Commonwealth; or

(v) the arms or emblems of any city or town in the Commonwealth or of any State or Public Authority or public institution, or of any matter so nearly resembling any such matter as to be likely to deceive;

(b) any word or group of letters specified in any order in force by virtue of the Defence (Transitional Provisions) Act 1946 whereby the assumption or use of that word or group is prohibited, or any word so nearly resembling any such word as to be likely to deceive; or

(c) any representation of any badge or emblem to which this regulation applies, or of any badge or emblem so nearly resembling any such badge or emblem as to be likely to deceive.

(3.) In this regulation-

"badge includes order, decoration and medal and the ribbon thereof;

"badge or emblem to which this regulation applies means any badge or emblem supplied or authorized by any Commonwealth or State Government Department or any local or public authority for any purpose directly or indirectly connected with defence measures, and includes such other badges and emblems as the Attorney-General, by order published in the Gazette, specifies;

"emblem includes a regimental or other distinctive mark and an armlet.

Evidence of orders, &c. Added by 1942, No. 114: substituted by 1944, No. 104.

100.-(1.) The mere production of the Gazette or the Government Gazette of a State purporting to contain any instrument or copy of any instrument shall be prima facie evidence that the instrument was duly made, given or issued in the terms set out in the Gazette or in the Government Gazette and that the instrument is in force.

(2.) The mere production of-

(a) a document purporting to be an extract from the Gazette or the Government Gazette of a State, purporting to be printed or published by the Government Printer for the Commonwealth or for the State, as the case may be, and purporting to contain any instrument or a copy of any instrument; or

(b) a document purporting to be a copy of any instrument and purporting to be printed or published by the Government Printer for the Commonwealth or for a State, as the case may be, shall be prima facie evidence that the instrument-

(c) was duly made, given or issued to the effect of or in the terms set out in the extract or copy and is in force; and

(d) in the case of an instrument referred to in paragraph (a) of this sub-regulation, was published in the Gazette or the Government Gazette, as the case may be.

Amended by Act No. 77. 1946.

(3.) For the purpose of this regulation, "instrument means-

(a) any instrument under the National Security Act 1939, or under that Act as amended, or under the Defence (Transitional Provisions) Act 1946;.

(b) any order, rule, by-law, notice, direction or other instrument made, given or issued under any regulation made under or in force by virtue of either of those Acts; and

(c) any notice, direction or other instrument given or issued under any order, rule or by-law made under any such regulation.

* The National Security (Supplementary) Regulations consist of those provisions of Statutory Rules 1940, No. 126, as amended, that are continued in force by the Defence Transition (Residual Provisions) Act 1952. Those provisions comprise the following Statutory Rules:-

Year and Number.

Date of Notification in Gazette and of Commencement.

1940, No. 126 …

4th July, 1940

1942, No. 269 …

19th June, 1942

1943, No. 114 …

5th May, 1943

1944, No. 104 …

17th July, 1944

These regulations were also amended by the Defence (Transitional Provisions) Act 1946 (No. 77, 1940).

 

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