Commonwealth Numbered Regulations - Explanatory Statements

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AUSTRALIAN COMMUNICATIONS AUTHORITY REGULATIONS 1998 1998 NO. 62

STATUTORY RULES 1998 No. 62

Issued by the Authority of the Minister for Communications, the Information Economy and the Arts

Australian Communications Authority Act 1997

Australian Communications Authority Regulations 1998

Section 57 of the Australian Communications Authority Act 1997 provides that the GovernorGeneral may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

The new regulation makes the Australian Communication Authority Is (ACA) official symbol a 'protected symbol', that is, a symbol Protected against unauthorised use, under section 55 of the Australian Communications Authority Act 1997.

Details

The ACA was established on 1 July 1997, and approved its official logo on 3 October 1997. The ACA logo is not protected from unauthorised use under trade mark or design legislation. The new regulations provide that the official symbol of the ACA is a 'protected symbol', which means it is accorded similar protection to a trade mark. That is, it makes it an offence for a person to intentionally or recklessly use the symbol or a symbol so closely resembling it as to be likely to be mistaken for it, without the ACA's written consent. The aim of this is to prevent persons from using the ACA's official symbol to impersonate the ACA, or to falsely imply a linkage with or endorsement by the ACA. It will provide the ACA with a clear basis on which to take legal action against unauthorised users of the ACA's official symbol.

This protection of the ACA's official symbol does not affect any legal rights conferred on a person under trade mark or design legislation prior to 16 August 1996. Nor does this protection affect a person's use or legal rights to use the symbol in a particular manner if, prior to 16 August 1996 (the date section 55 was first released for public comment), that person was using the symbol in that manner in good faith, and would have been entitled to prevent another person from 'passing off by use of the symbol or similar symbol. The new regulations do not affect any use of the ACA's symbol to label telecommunications customer equipment or cabling under the Telecommunications Act 1997 or Radiocommunications Act 1992.

Details of the new regulations are as follows.

Regulation 1: Name of Regulations

Regulation 1 provides that the name of these regulations is the Australian Communications Authority Regulations 1998.

Regulation 2: Commencement

Regulation 2 specifies that the regulations commence on gazettal.

Regulation 3: Definition

Regulation 3 defines 'Act' as meaning the Australian Communications Authority Act 1997.

Regulation 4: Protected symbol

Regulation 4 defines 'protected symbol' as the design of the Australian Communication Authority's official symbol, and sets out this design.