South Australian Numbered Acts South Australian Numbered Acts21—Protection of proprietary interests of TAFE SA
(1) TAFE SA has a proprietary interest in all official insignia.
(2) A person must not, without the consent of TAFE SA—
(a) assume a name or description that consists of, or includes official insignia; or
(b) assume a name or description that consists of, or includes "TAFE" or "technical and further education" in circumstances in which it would be reasonably understood to indicate that the person is TAFE SA; or
(c) in the course of a trade or business—
(i) use an official title for the purpose of promoting the sale of services or the provision of benefits; or
(ii) sell goods marked with official insignia; or
(iii) use official insignia for the purpose of promoting the sale of goods or services; or
(iv) use "TAFE" or "technical and further education" for the purposes of promoting the sale of goods or services or the provision of benefits, or sell goods marked with "TAFE" or "technical and further education", in circumstances in which it would be reasonably understood to indicate that the goods, services or benefits are provided by or in association with TAFE SA.
Maximum penalty: $20 000.
(3) A consent under this section—
(a) may be given with or without conditions (including conditions requiring payment to TAFE SA); and
(b) must be given in writing addressed to the applicant for the consent; and
(c) may be revoked by TAFE SA for a breach of a condition by notice in writing given personally or by post to a person who has the benefit of the consent.
(4) The Supreme Court may, on the application of TAFE SA, grant an injunction to restrain a breach of this section.
(5) The court by which a person is convicted of an offence against this section may, on the application of TAFE SA, order the convicted person to pay compensation of an amount fixed by the court to TAFE SA.
(6) Subsections (4) and (5) do not derogate from any civil remedy that may be available to TAFE SA apart from those subsections.
(7) The Minister may, by notice in the Gazette, declare a design to be a logo in respect of TAFE SA and may, by subsequent notice in the Gazette, revoke such a declaration.
(8) In this section—
"logo" means a design (the copyright of which is vested in TAFE SA) in respect of which a declaration under subsection (7) is in force;
"official insignia" means a logo or official title or a combination of a logo and official title;
"official title" means TAFE SA.