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 22 December 2003
taking into account amendments up to SR 2002 No. 278 and
Act No. 135 of 2003

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

Contents

 1 Name of Regulations [see Note 1] 

 2 Use of words and groups of letters prohibited without consent             

 3 Applications for consent 

 4 Consent 

 5 Delegation 

Schedule 1 Prohibited words and letters 

Part 1 Australian Navy 

Part 2 Australian Army 

Part 3 Australian Air Force 

Part 4 Words applicable to more than 1 Service 

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

 (1) For this regulation, 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 Schedule 1, 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 Schedule 1, 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 a restricted use.

 (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.

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 Schedule 1 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 Consent

 (1) The Minister may:

 (a) consent to the use of the word, words or group of letters; or

 (b) refuse the application.

 (2) The Minister must have regard to the following matters when considering the application:

 (a) the purposes, constitution and structure of the applicant;

 (b) the trade, business, calling or profession of the applicant;

 (c) the financial resources of the applicant, to the extent that those resources affect its ability to use the words or group of letters in its trade, business, calling or profession;

 (d) if the applicant has previously received a consent under these Regulations — the way in which the applicant used the words or group of letters to which the consent related;

 (e) the period for which consent is sought.

 (3) The Minister may have regard to other matters, relating to the protection and use of the words or group of letters to which the application relates, when considering the application.

 (4) Consent may be given subject to conditions about the following matters:

 (a) notifying the Minister about any change to:

 (i) the purposes, constitution or structure of the organisation or body; or

 (ii) the trade, business, calling or profession of the applicant; or

 (iii) any other matter, to the extent that the change may affect the ability of the organisation or body to use the words or group of letters in its trade, business, calling or profession;

 (b) the period for which consent is given;

 (c) the way in which the applicant may, or may not, use the words or group of letters to which the consent relates;

 (d) the protection and use of the words or group of letters to which the consent relates.

 (5) Application may be made to the Administrative Appeals Tribunal for review of a decision to refuse an application for consent, or a decision relating to a condition.

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.

Schedule 1 Prohibited words and letters

(regulation 2)

Part 1 Australian Navy

Part 2 Australian Army

Part 3 Australian Air Force

Part 4 Words applicable to more than 1 Service

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

Table of Amendments