Commonwealth Games Symbol Protection Act 1974

3 Restriction on use of symbol
  • (1) No person shall use the symbol for any purpose without the consent of the Minister.

    (2) For the purposes of subsection (1), where any person uses for any purpose any mark, emblem, or design that so nearly resembles the symbol as to be likely to deceive, he shall be deemed to have used the symbol for the same purpose.

    (3) Nothing in subsection (1) shall apply—

    • (a) to the use of the symbol by The Shipping Corporation of New Zealand Limited for any purpose for which the Corporation was entitled to use it immediately before the commencement of this Act:

    • (b) to the use by any person for any purpose of any article incorporating in its design or imprinted with the symbol, if that article was lawfully manufactured in or imported into New Zealand before the commencement of this Act.

    (4) Every person who acts in contravention of subsection (1) commits an offence and shall be liable on conviction to a fine not exceeding $200.

    (5) In any prosecution for an offence against this section it shall be for the defendant to prove that he acted with the consent of the Minister, or that the act complained of was not an offence by virtue of subsection (3).

    Section 3(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).