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Scout Association Act 1924

Authoritative Version
Act No. 31 of 1924 as amended, taking into account amendments up to Statute Update Act 2016
An Act to afford Protection to the Scout Association
Administered by: Education
Registered 28 Oct 2016
Start Date 21 Oct 2016
Table of contents.

Scout Association Act 1924

No. 31, 1924

Compilation No. 8

Compilation date:                              21 October 2016

Includes amendments up to:            Act No. 61, 2016

Registered:                                         28 October 2016

 

About this compilation

This compilation

This is a compilation of the Scout Association Act 1924 that shows the text of the law as amended and in force on 21 October 2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

1............ Short title............................................................................................. 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

Endnotes                                                                                                                                      4

Endnote 1—About the endnotes                                                                              4

Endnote 2—Abbreviation key                                                                                  6

Endnote 3—Legislation history                                                                               7

Endnote 4—Amendment history                                                                             8


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

                   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 commits an offence.

Penalty:  1 penalty unit.

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, commits an offence.

Penalty:  1 penalty unit.

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.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and 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

First Sch: 1 Dec 1966 (s 2(1))

Administrative Changes (Consequential Provisions) Act 1976

91, 1976

20 Sept 1976

s 4: 20 Sept 1976 (s 2(1))
Sch: 22 Dec 1975 (s 2(7))

s 4

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

72, 1984

25 June 1984

s 5(1) and Sch: 23 July 1984 (s 2(1))

s 5(1)

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

140, 2001

1 Oct 2001

s 4 and Sch 1 (items 145, 146): 2 Oct 2001 (s 2)

s 4

Designs (Consequential Amendments) Act 2003

148, 2003

17 Dec 2003

Sch 2 (item 16A): 17 June 2004 (s 2(1) item 2)

Statute Law Revision Act 2008

73, 2008

3 July 2008

Sch 4 (item 465): 4 July 2008 (s 2(1) item 64)

Statute Law Revision Act (No. 1) 2016

4, 2016

11 Feb 2016

Sch 4 (item 414): 10 Mar 2016 (s 2(1) item 6)

Statute Update Act 2016

61, 2016

23 Sept 2016

Sch 1 (item 436): 21 Oct 2016 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

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; No 4, 2016; No 61, 2016

s 3........................................

am No 91, 1976; No 148, 2003

s 4........................................

am No 93, 1966; No 140, 2001; No 73, 2008; No 4, 2016; No 61, 2016

s 5........................................

am No 91, 1976