South Australian Current Acts South Australian Current Acts24—Unlawful use of official insignia
(1) The Trust has a
proprietary interest in all official insignia.
(2) A person must not,
without the consent of the Trust, in the course of a trade or business—
(a) use
a name in which the Trust has a proprietary interest under this section for
the purpose of promoting the sale of services or the provision of any
benefits; or
(b) sell
goods marked with official insignia; or
(c) use
official insignia for the purpose of promoting the sale of goods or services.
Maximum penalty: $20 000.
(3) A person must not,
without the consent of the Trust, assume a name or description that consists
of, or includes, official insignia.
Maximum penalty: $20 000.
(4) A consent under
this section—
(a) may
be given with or without conditions (including conditions requiring payment to
the Trust); and
(b) may
be given generally by notice in the Gazette or by notice in writing addressed
to an applicant for the consent; and
(c) may
be revoked by the Trust for breach of a condition by notice in writing given
personally or by post to a person who has the benefit of the consent.
(5) The Supreme Court
may, on the application of the Trust, grant an injunction to restrain a breach
of this section.
(6) The court by which
a person is convicted of an offence against this section may, on the
application of the Trust, order the convicted person to pay compensation of an
amount fixed by the court to the Trust.
(7)
Subsections (5) and (6) do not derogate from any civil remedy that may be
available to the Trust apart from those subsections.