AU053: Unfair Competition (Boy Scouts' Association), Act, 26/09/1924 (20/09/1976), No. 31 (No. 91)

BOY SCOUTS' ASSOCIATION ACT 1924

Reprinted as at 31 March 1983

TABLE OF PROVISIONS

Section

An Act to afford Protection to the Boy Scouts' Association

Preamble

WHEREAS the Boy Scouts' Association (in this Act referred to as "the Association") was duly incorporated in the United Kingdom of Great Britain and Ireland by Royal Charter, granted on the fourth day of January One thousand nine hundred and twelve:

AND WHEREAS the Association has power under the said Charter to form Local Branches and Committees in all parts of His Majesty's Dominions, and to apply for and exercise any powers obtained under any Supplementary Charter or Act of Parliament, Imperial or Colonial, and whether Federal or Provincial which may be deemed expedient for any of the purposes of the Association:

AND WHEREAS for providing and maintaining an efficient organization for promoting the objects of the Association, Local Branches have been formed under the power aforesaid for the Commonwealth under the name of "The Australian Federal Council of the Boy Scouts' Association" and for the several States of the Commonwealth, in New South Wales by the name of the Australian Boy Scouts' Association, New South Wales Section, and in the other States by the name of the Boy Scouts' Association, Victorian Section (or as the case may be):

AND WHEREAS it is expedient to protect the Association and the Local Branches thereof in the Commonwealth:

BE it therefore enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:

Short title

1. This Act may be cited as the Boy Scouts' Association Act 1924.¹

Unauthorized use of name

2. Any person who without authority uses the name "The Boy Scouts' Association" or the name of any Local Branch of the Association or any name implying that any other Society or body is the Association or a Branch of the Association shall be guilty of an offence.

Penalty: Ten dollars.

Registration of uniforms

3. The Association or any Branch of the Association formed within the Commonwealth may, with the approval of the Minister, apply to the Registrar of Designs for the registration under the Designs Act 1906-1912 of any uniform, emblem, badge, decoration, descriptive or designating mark or title used either before or after the commencement of this Act by the Association or any Branch of the Association for carrying out the purposes of the Association:

Provided that this section shall not authorize the use or registration of any uniform, emblem, badge, decoration, descriptive or designating mark or title which is similar to, or a colourable imitation of, any uniform, emblem, badge, decoration, descriptive or designating mark or title used by the Department of Defence.

Unauthorized user of uniform

4. Any person who, except with the authority of the Association or the Local Branch for the area in which the use takes place (proof whereof shall lie upon him), makes use of any uniform, emblem, badge, decoration, descriptive or designating mark or title of the Association or a Local Branch registered in pursuance of the last preceding section in such manner as to suggest that the user is authorized by the Association or such Local Branch or is connected with the operations thereof, shall be guilty of an offence.

Penalty: Ten dollars.

No prosecution without consent of Minister

5. No prosecution shall be instituted under this Act except with the consent of the Minister.

Act not to apply to Lifesaving Scouts of Salvation Army

6. Nothing in this Act shall be deemed to apply to the Lifesaving Scouts of the Salvation Army as at present constituted.

NOTE

The Boy Scouts' Association Act 1924 as shown in this reprint comprises Act No. 31, 1924 amended as indicated in the Tables below.

(The citation "Boy Scouts' Association Act 1924" is provided for by the Amendments Incorporation Act 1905 and the Acts Citation Act 1976.)

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Boy Scouts' Association Act 1924	31, 1924	26 Sept 1924	26 Sept 1924
Statute Law Revision (Decimal Currency) Act 1966	93, 1966	29 Oct 1966	1 Dec 1966	-
Administrative Changes (Consequential Provisions) Act 1976	91, 1976	20 Sept 1976	20 Sept 1976 (a)	S. 4

(a) By virtue of sub-section 2 (7) of the Administrative Changes (Consequential Provisions) Act 1976 the amendments made by that Act to the Boy Scouts' Association Act 1924 are deemed to have come into operation on 22 December 1975.

Table of Amendments

ad. = added or inserted-am. = amended-rep. = repealed-rs. = repealed and substituted

Provision affected	How affected
S. 2	am. No. 93, 1966
S. 3	am. No. 91, 1976
S. 4	am. No. 93, 1966
S. 5	am. No. 91, 1976

The Copyright Act 1968 permits certain reproduction and publication of this legislation. In particular section 182a of the Act enables a complete copy to be made by or on behalf of a person or a particular purpose. For reproduction or publication beyond that permitted by the Act, permission should be sought in writing from "The Secretary, Attorney-General's Department, Canberra, A.C.T. 2600".

Australia

AU053

Boy Scouts' Association Act 1924 (consolidated as of March 31, 1983)

BOY SCOUTS' ASSOCIATION ACT 1924