South Australian Numbered Acts

FIRE AND EMERGENCY SERVICES ACT 2005 (NO 40 OF 2005) - SECT 131

131—Protection of names and logos

        (1)         In this section—

"official insignia" means—

            (a)         any logo declared by the Commission by notice in the Gazette to be a logo for the purposes of this section; and

            (b)         any of the following (whether appearing or used in full or in an abbreviated form or alone or in combination with other words or symbols):

                  (i)         "South Australian Fire and Emergency Services Commission", "SAFECOM" and "SAFESC";

                  (ii)         "South Australian Metropolitan Fire Service", "SAMFS" or "MFS";

                  (iii)         "South Australian Country Fire Service", "SACFS" or "CFS";

                  (iv)         "South Australian State Emergency Service", "SASES" or "SES";

                  (v)         any other name, title or expression declared by the Commission by notice in the Gazette to be an official title for the purposes of this section; and

            (c)         any combination of a logo under paragraph (a) and a name, title or expression under paragraph (b).

        (2)         The Commission must not make a declaration under subsection (1) without the consent of the Minister.

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

Maximum penalty: $10 000.

        (4)         A consent under this section—

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

            (b)         may be given generally by notice in the Gazette or by notice in writing addressed to an applicant for the consent;

            (c)         may be revoked by the Commission for breach of a condition, or for any other reasonable cause, 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 Commission, 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 Commission—

            (a)         order the convicted person to pay compensation of an amount fixed by the court to the Commission;

            (b)         order the convicted person to surrender any item that bears any official insignia to the Commission.

        (7)         Subsections (5) and (6) do not derogate from any civil remedy that may be available to the Commission, or any emergency services organisation, apart from those subsections.