Defence (Prohibited Words and Letters) Regulations 1957

Statutory Rules 1957 No. 16 as amended

made under the

Defence Act 1903

This compilation was prepared on 27 June 2002
taking into account amendments up to SR 2001 No. 305

Prepared by the Office of Legislative Drafting
Attorney-General’s Department, Canberra

Contents

Page

 1 Name of Regulations [see Note 1] 

 2 Use of words and groups of letters prohibited without consent             

 3 Applications for consent 

 4 Grants or refusal of consent 

 5 Delegation 

 6 Offences 

Schedule Prohibited words and letters 

Part 1 Australian Navy 

Part 2 Australian Army 

Part 3 Australian Air Force 

Notes  

 

 

1 Name of Regulations [see Note 1]

  These Regulations are the Defence (Prohibited Words and Letters) Regulations 1957.

2 Use of words and groups of letters prohibited without consent

  The use, in connexion with a trade, business, calling or profession or by an organization or body of persons, of:

 (a) a word, or words, specified in the second column of a Part of the Schedule, being a word or words that is or are descriptive or indicative of:

 (i) a part of the Naval Forces, Military Forces or Air Forces of a part of the Queen’s dominions; or

 (ii) a service or body of persons associated with the defence of the Commonwealth; or

 (b) a group of letters specified in the third column of a Part of the Schedule, being a group of letters that is descriptive or indicative of:

 (i) a part of the Naval Forces, Military Forces or Air Forces of a part of the Queen’s dominions; or

 (ii) a service or body of persons associated with the defence of the Commonwealth;

  is prohibited unless the consent in writing of the Minister to the use has been obtained.

3 Applications for consent

 (1) An application for the consent of the Minister to the use of a word or words, or a group of letters specified in the second or third column of the Schedule shall be made in writing to the Minister and shall state the grounds upon which the application is made.

 (2) The Minister may, by notice in writing, require a person who has made such an application to furnish such additional information in relation to the application as is required by the notice.

4 Grants or refusal of consent

 (1) The Minister may, in his discretion, grant his consent to the use of the word, words or group of letters or may refuse the application.

 (2) The consent of the Minister may be granted with or without conditions.

5 Delegation

  The Minister may, by instrument, delegate to an officer of the Defence Force who holds a rank not below that of Colonel, or an equivalent rank, his or her powers under regulations 3 and 4.

6 Offences

  A person must not knowingly use a word, words or a group of letters in contravention of regulation 2.

Penalty:   $500.

Schedule Prohibited words and letters

(regulation 2)

Part 1 Australian Navy

 

Column 1
Item

Column 2
Prohibited Words

Column 3
Prohibited Letters

1

Royal Australian Navy

RAN

2

Her Majesty’s Australian Ship

HMAS

3

Her Majesty’s Australian Ships

HMA Ships

4

Permanent Naval Forces

 

5

Naval Emergency Reserve Forces

NERF

6

Royal Australian Naval Reserve

RANR

7

Royal Australian Fleet Reserve

RAFR

8

Naval

 

9

Navy

 

10

Naval Forces

 

Part 2 Australian Army

 

Column 1
Item

Column 2
Prohibited Words

Column 3
Prohibited Letters

1

Australian Army Reserve

 

2

Australian Flying Corps

AFC

3

Australian Imperial Force

AIF

4

Australian Military Forces

AMF

5

Australian Regular Army

ARA

6

Defence Force

 

7

Permanent Military Forces

 

8

Regular Army Emergency Reserve

 

9

Regular Army Supplement

 

10

Australian Army

 

Part 3 Australian Air Force

 

Column 1
Item

Column 2
Prohibited Words

Column 3
Prohibited Letters

1

Air Force

 

2

Air Force Emergency Force

AFEF

3

Australian Air Force Reserve

AAFR

4

Permanent Air Force

PAF

5

Royal Australian Air Force

RAAF

 

Notes to the Defence (Prohibited Words and Letters) Regulations 1957

Note 1

The Defence (Prohibited Words and Letters) Regulations 1957 (in force under the Defence Act 1903) as shown in this compilation comprise Statutory Rules 1957 No. 16 amended as indicated in the Tables below.

Table of Statutory Rules

Year and
number

Date of notification
in Gazette

Date of
commencement

Application, saving or
transitional provisions

1957 No. 16

17 Apr 1957

17 Apr 1957

 

1976 No. 51

6 Feb 1976

9 Feb 1976

1981 No. 102

13 May 1981

13 May 1981

1990 No. 378

6 Dec 1990

6 Dec 1990

2000 No. 41

29 Mar 2000

29 Mar 2000

2001 No. 305

15 Oct 2001

[see Note 2]

Table of Amendments

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

Provision affected

How affected

R. 1.................

rs. 2000 No. 41

R. 2.................

am. 1976 No. 51; 1981 No. 102

R. 3.................

am. 1976 No. 51

R. 4.................

am. 2000 No. 41

R. 5.................

am. 1976 No. 51

 

rs. 1990 No. 378

R. 6.................

ad. 1990 No. 378

Heading to The Schedule..

rep. 1976 No. 51

Heading to Schedule.....

ad. 1976 No. 51

Schedule.............

am. 1976 No. 51; 1981 No. 102

 

rs. 1990 No. 378

 

am. 2000 No. 41

Note 2

Regulation 2 and Schedule 5 of Statutory Rules 2001 No. 305 provide as follows:

2 Commencement

  These Regulations commence on the day on which Chapter 2 of the Criminal Code commences.

Schedule 5

[1] Regulation 2

omit

The use

insert

 (1) For this regulation, the use

[2] Regulation 2

omit

prohibited unless the consent in writing of the Minister to the use has been obtained.

insert

a restricted use.

[3] Regulation 2

insert

 (2) A person is guilty of an offence if:

 (a) the person makes use of a word or words, or group of letters; and

 (b) the use is a restricted use; and

 (c) the use is not in accordance with a consent obtained under these Regulations.

Penalty:   5 penalty units.

 (3) In paragraph (2) (c), strict liability applies to physical element that the consent was obtained under these Regulations.

Note   For strict liability, see section 6.1 of the Criminal Code.

[4] Regulation 6

omit

The commencement of SR 2001 No. 305 was misdescribed and the amendments are not incorporated in this compilation.