Victorian Current Acts Victorian Current Acts(1) The Governor in Council may by Order in Council made on the application of the Corporation protect—
(a) the name of the Association Corporation or Branch;
(b) any special name or designation specified in the Order and used by the Association Corporation or Branch for the members thereof, or for the members of any other council committee or local branch of the Association in Victoria;
(c) any uniform with distinctive markings or badges used by the Association Corporation or Branch and described in the Order;
(d) any badge to be worn without uniform used by the Association Corporation or Branch and described in the Order:
Provided that nothing in any such Order or in this section shall deprive any bona fide organization of the right to use any designation uniform or badge which at the time of the passing of this Act is in regular use by that organization.
(2) An Order in Council under this section—
(a) shall not be made unless notice of the application for an Order has been given in such manner and accompanied by such particulars as the Minister directs; and the Minister shall consider any objections to an Order which are made by or on behalf of any persons or societies affected or likely to be affected by the Order;
(b) shall be laid as soon as may be after it is made before both Houses of Parliament; and if a resolution is passed by either House of Parliament within the next subsequent seven days on which that House has sat after any such Order is laid before it declaring that such Order should be annulled, the Governor in Council may annul the Order and it shall thenceforth be void, but without prejudice to the validity of anything previously done thereunder;
(c) may be amended or revoked by a subsequent Order in Council.
(3) Where the use of any name designation uniform or badge has been so protected, a person shall not without the authority of the Corporation use the name designation uniform or badge the use of which is so protected or any name designation uniform or badge so closely resembling the name designation uniform or badge the use of which is protected hereunder as to lead to the belief that it is that name designation uniform or badge.
(4) [1] If any person acts in contravention of the last preceding subsection he shall be liable in respect of each offence to a penalty of not more than $20:
Provided that this section shall not prevent any person from wearing or using any uniform or badge or distinctive marking in the course of or for the performance of a stage play or representation or music-hall or circus performance or pageant or production of a cinematograph film if the uniform badge or distinctive mark is not worn or used in such a manner or under such circumstances as to bring it into contempt.
(5) The Corporation when making application for the protection of a uniform shall together with the application furnish an exact and detailed description of the uniform, in respect of both form and colour, such as may clearly indicate what are the precise extent and limits of the protection to be granted.
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