Federal Register of Legislation - Australian Government

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Scout Association Act 1924

Authoritative Version
  • - C2008C00404
  • In force - Superseded Version
  • View Series
Act No. 31 of 1924 as amended, taking into account amendments up to Act No. 73 of 2008
An Act to afford Protection to the Scout Association
Administered by: Education and Training
Registered 24 Jul 2008
Start Date 04 Jul 2008
End Date 09 Mar 2016
Table of contents.

Scout Association Act 1924

Act No. 31 of 1924 as amended

This compilation was prepared on 11 July 2008
taking into account amendments up to Act No. 73 of 2008

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

  

  

  


Contents

1............ Short title [see Note 1]........................................................................ 1

1A......... Application of the Criminal Code....................................................... 1

2............ Unauthorised use of name................................................................... 2

3............ Registration of uniforms..................................................................... 2

4............ Unauthorised user of uniform............................................................. 2

5............ No prosecution without consent of Minister....................................... 3

6............ Act not to apply to Lifesaving Scouts of Salvation Army................... 3

Notes                                                                                                                                               5


An Act to afford Protection to the Scout Association

 

 

Preamble

WHEREAS the Scout Association (in this Act referred to as the Association) was duly incorporated under the name of the Boy Scouts Association in the United Kingdom of Great Britain and Ireland by Royal Charter granted on 4 January 1912:

AND WHEREAS the Association has the power under the said Charter to form Local Branches and Committees in all parts of His Majesty’s Dominions, and to apply for and exercise any powers obtained under any Supplementary Charter or Act of Parliament, Imperial or Colonial, and whether Federal or Provincial which may be deemed expedient for any of the purposes of the Association:

AND WHEREAS for providing and maintaining an efficient organization for promoting the objects of the Association, various Local Branches, including the Scout Association of Australia which was duly incorporated under the name of the Australian Boy Scouts Association by Royal Charter granted on  23 August 1967, have been formed under the power aforesaid in Australia:

AND WHEREAS it is expedient to protect the Association and the Local Branches thereof in the Commonwealth:

BE it therefore enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:

1  Short title [see Note 1]

                   This Act may be cited as the Scout Association Act 1924.

1A  Application of the Criminal Code

                   Chapter 2 of the Criminal Code applies to all offences created by this Act.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

2  Unauthorised use of name

                   Any person who without authority used the name the “Scout Association” or the name of any Local Branch of the Association or any name implying that any other Society or body is the Association or a Branch of the Association shall be guilty of an offence.

Penalty:  Ten dollars

3  Registration of uniforms

                   The Association or any Branch of the Association formed within the Commonwealth may, with the approval of the Minister, apply to the Registrar of Designs for the registration under the Designs Act 2003 of any uniform, emblem, badge, decoration, descriptive or designating mark or title used either before or after the commencement of this Act by the Association or any Branch of the Association for carrying out the purposes of the Association:

Provided that this section shall not authorise the use or registration of any uniform, emblem, badge, decoration, descriptive or designating mark or title which is similar to, or a colourable imitation of, any uniform, emblem, badge, decoration, descriptive or designating mark or title used by the Department of Defence.

4  Unauthorised user of uniform

                   Any person who, except with the authority of the Association or the Local Branch for the area in which the use takes place (proof whereof shall lie upon him or her), makes use of any uniform, emblem, badge, decoration, descriptive or designating mark or title of the Association or a Local Branch registered in pursuance of the last preceding section in such manner as to suggest that the user is authorised by the Association or such Local Branch or is connected with the operations thereof, shall be guilty of an offence.

Penalty:  Ten dollars

Note:          The defendant bears a legal burden in relation to the matter in this section, see section 13.4 of the Criminal Code.

5  No prosecution without consent of Minister

                   No prosecution shall be instituted under this Act except with the consent of the Minister.

6  Act not to apply to Lifesaving Scouts of Salvation Army

                   Nothing in this Act shall be deemed to apply to the Lifesaving Scouts of the Salvation Army as at present constituted.


Notes to the Scout Association Act 1924

Note 1

The Scout Association Act 1924 as shown in this compilation comprises Act No. 31, 1924 amended as indicated in the Tables below.

All relevant information pertaining to application, saving or transitional provisions prior to 1 October 2001 is not included in this compilation. For subsequent information see Table A.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

Boy Scouts’ Association Act 1924

31, 1924

26 Sept 1924

26 Sept 1924

 

Statute Law Revision (Decimal Currency) Act 1966

93, 1966

29 Oct 1966

1 Dec 1966

Administrative Changes (Consequential Provisions) Act 1976

91, 1976

20 Sept 1976

20 Sept 1976 (a)

S. 4

Statute Law (Miscellaneous Provisions) Act (No. 1) 1984

72, 1984

25 June 1984

Schedule: 23 July 1984 (b)

S. 5(1)

Industry, Science and Resources Legislation Amendment (Application of Criminal Code) Act 2001

140, 2001

1 Oct 2001

2 Oct 2001

S. 4 [see Table A]

Designs (Consequential Amendments) Act 2003

148, 2003

17 Dec 2003

Schedules 1 and 2: (c)
Remainder: Royal Assent

Statute Law Revision Act 2008

73, 2008

3 July 2008

Schedule 4 (item 465): 4 July 2008


(a)     By virtue of subsection 2(7) of the Administrative Changes (Consequential Provisions) Act 1976 the amendments made by that Act to the Scout Association Act 1924 are deemed to have come into operation of 22 December 1975.

(b)     The Scout Association Act 1924 was amended by the Schedule only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1984, subsection 2(1) of which provides as follows:

                 (1)   Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent.

(c)     Subsection 2(1) (item 2) of the Designs (Consequential Amendments) Act 2003 provides as follows:

                 (1)   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

2.  Schedules 1 and 2

Immediately after the commencement of section 4 of the Designs Act 2003.

17 June 2004


Table of Amendments

ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted

Provision affected

How affected

Title.....................................

am. No. 72, 1984

Preamble............................

am. No. 72, 1984

S. 1......................................

rs. No. 72, 1984

S. 1A...................................

ad. No. 140, 2001

S. 2......................................

am. No. 93, 1966; No. 72, 1984

S. 3......................................

am. No. 91, 1976; No. 148, 2003

S. 4......................................

am. No. 93, 1966; No. 73, 2008

Note to s. 4.........................

ad. No. 140, 2001

S. 5......................................

am. No. 91, 1976


Table A

Application, saving or transitional provisions

Industry, Science and Resources Legislation Amendment (Application of Criminal Code) Act 2001 (No. 140, 2001)

4  Application of amendments

             (1)  Each amendment made by this Act applies to acts and omissions that take place after the amendment commences.

             (2)  For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.