South Australian Numbered Acts

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ADELAIDE UNIVERSITY ACT 2023 (NO 32 OF 2023) - SECT 13

13—Protection of proprietary interests

        (1)         The University has a proprietary interest in all official insignia.

        (2)         A person must not, without the consent of the University, in the course of a trade or business—

            (a)         use official insignia for the purpose of promoting the sale of goods or services or the provision of any benefits; or

            (b)         sell goods marked with official insignia; or

            (c)         use official insignia for any other purpose.

Maximum penalty: $50 000.

        (3)         A person must not, without the consent of the University, assume a name or description that consists of, or includes, official insignia.

Maximum penalty: $50 000.

        (4)         A consent under this section—

            (a)         may be given with or without conditions (including conditions requiring payment to the University); and

            (b)         must be given in writing addressed to the applicant for the consent; and

            (c)         may be revoked by the University for a breach of a condition by notice in writing given to a person who has the benefit of the consent.

        (5)         The Supreme Court may, on the application of the University, 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 University, order the convicted person to pay compensation of an amount fixed by the court to the University.

        (7)         Subsections (5)

and (6)

do not derogate from any civil remedy that may be available to the University apart from those subsections.

Part 3—Administration of University

Division 1—The Council



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