AU057: Unfair Competition (Word Anzac), Regulations, 06/01/1921, No. 2 & No. 216
WAR PRECAUTIONS ACT REPEAL ACT 1920-1955
PROTECTION OF WORD "ANZAC" REGULATIONS.
1. These Regulations may be cited as the Protection of Word "Anzac" Regulations.*
Definition.
1A. In these Regulations, unless the contrary intention appears-
"Entertainment" includes any exhibition, performance, lecture, amusement, game, sport or social gathering held or conducted for the purpose of raising money.
2.-
(1.) No person shall, without the authority of the Governor-General or of a Minister of State, proof whereof shall lie upon the person accused, assume or use the word "Anzac" or any word resembling the word "Anzac" in connexion with any trade, business, calling or profession or in connexion with any entertainment or any lottery or art union or as the name or part of the name of any private residence, boat, vehicle or charitable or other institution, or any building in connexion therewith.
Penalty: One hundred pounds or imprisonment for six months, or both
(2.) Without limiting the meaning of the preceding sub-regulation, a word shall be deemed to be assumed or used by a person in connexion with any trade, business, calling or profession if-
(a) it is applied (whether as a trade mark or otherwise) to any goods manufactured, produced, sold or offered for sale by that person; or
(b) it is used as the name or part of the name of any firm or company registered in Australia.
(3.) The Registrar of Trade Marks shall-
(a) refuse to register as a trade mark any word the assumption or use of which in connexion with any trade, business, calling or profession is prohibited under sub-regulation (1.) of this regulation; and
(b) unless otherwise directed by the Attorney-General, cancel any existing registration of any such word as a trade mark, and refuse to take any step or further step in connexion with any application for the use of any such word as a trade mark.
(4.) The Registrar of Designs shall-
(a) refuse to register as a design any word or mark the assumption or use of which in connexion with any trade, business, calling or profession is prohibited under sub-regulation (1.) of this regulation; and
(b) unless otherwise directed by the Attorney-General cancel any existing registration of any such word or mark as a design, and refuse to take any step or further step in connexion with any application for the use of any such word or mark as a design.
(5.) The Registrar-General or other proper officer of a State charged with the registration of firms and companies may-
(a) permit any firm or company which has been registered under a State Act, and in the name of which there is included any word the use of which in connexion with any trade, business, calling or profession is prohibited under sub-regulation (1.) of this regulation, to amend the name of the firm or company by the omission of that word, and, if the firm or company so desires, the substitution of any other word or words; or
(b) cancel the registration of any firm or company which refuses or fails to apply within a reasonable period for the amendment of its name.
The Protection of Word "Anzac" Regulations in force under the War Precautions Act Repeal Act 1920-1955 comprise the following Statutory Rules:-
|
Year and Number. |
Date of Notification in Gazette. |
Date of Commencement. |
|
1921, No. 2 |
6th January, 1921 |
31st December, 1920 |
|
216 |
17th November, 1921 |
11th November, 1921 |