Chartered Associations (Protection of Names and Uniforms) Act 1930
Chartered Associations (Protection of Names and Uniforms) Act 1930
Chartered Associations (Protection of Names and Uniforms) Act 1930
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Chartered Associations (Protection of Names and Uniforms) Act 1930
Public Act |
1930 No 15 |
|
Date of assent |
11 October 1930 |
|
Contents
An Act to protect the Names, Uniforms, and Badges of Associations incorporated by Royal Charter.
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title.
This Act may be cited as the Chartered Associations (Protection of Names and Uniforms) Act, 1930.
2 Protection of name, uniform, &o., of chartered associations.
(1)
The Governor-General may from time to time, by Order in Council made on the application of any association incorporated by Royal charter, not being an association representative of any profession or business, protect—
(a)
The name of the association; and
(b)
Any special name or designation specified in the Order in Council and used by the association for the members thereof, or for the members of any organization constituted by the association in pursuance of their charter; and
(c)
Any uniform with distinctive markings or badges used by the association and described in the Order in Council; and
(d)
Any badge to be worn without uniform used by the association and described in the Order in Council:
Provided that nothing in any such Order or in this Act shall deprive any bona fide national organization of the right to use any designation, uniform, or badge which at the time of the passing of this Act is in regular use by that organization.
(2)
An Order in Council under this section shall not be made unless notice of the application for an Order has been given in such manner and accompanied by such particulars as the Minister of Internal Affairs may direct.
(3)
The Minister of Internal Affairs shall consider any objections to the application which are made by or on behalf of any persons or societies that would be affected or would be likely to be affected by the issue of an Order in Council pursuant to the application.
(4)
Every Order in Council under this section shall be laid as soon as may be before both Houses of Parliament, and if within twenty-one days thereafter a resolution is passed by both such Houses recommending that the Order in Council be revoked or varied, such Order in Council shall be revoked or varied accordingly, but without prejudice to the validity of anything previously done thereunder.
(5)
Any Order in Council under this Act may be amended or revoked by a subsequent Order in Council.
Compare: 16 & 17 Geo. 5, c. 26, s. 1(1), (2)
3 Offence to use protected uniform, badge, &c., without authority.
(1)
Where any name, designation, uniform, or badge has been protected in accordance with the last preceding section, a person shall not, without the authority of the association, use such name, designation, uniform, or badge, or any name, designation, uniform, or badge so closely resembling the protected name, designation, uniform, or badge as to lead to the belief that it is that name, designation, uniform, or badge.
(2)
If any person acts in contravention of this section, he shall be liable in respect of each offence, on summary conviction, to a fine not exceeding ten pounds:
Provided that this section shall not prevent any person from wearing or using any uniform, badge, or distinctive marking in the course or for the purpose of a stage play or representation, or a music-hall or circus performance, pageant, or production of a cinematograph film, if the uniform, badge, or distinctive mark is not worn or used in such a manner or under such circumstances as to bring it into contempt.
(3)
Where on an application made by or on behalf of an association to which this Act applies any such uniform or badge as is mentioned in subsection one of the last preceding section has at any time been registered under Part II of the Patents, Designs, and Trade-marks Act, 1921–22, an Order in Council under this Act may be made on the application of that association for protecting that uniform or badge, notwithstanding that the copyright in respect thereof has expired.
Compare: 16 & 17 Geo. 5, c. 26, s. 1(3), (4), (5)
4 Description of uniform to be furnished on application for protection.
Any association making application under this Act for the protection of a uniform shall, together with the application, furnish an exact and detailed description of the uniform, in respect to both form and colour, such as may clearly indicate what are the precise extent and limits of the protection to be granted.
Compare: Ibid. s. 2
5 Savings.
(1)
No Order in Council shall be made under this Act protecting any article (other than a badge or decoration) used by an association in connection with or as part of the uniform of its members in respect of which or any part of which any design shall have been registered under the Patents, Designs, and Trade-marks Act, 1921–22, unless the owner of such registered design shall without fee or reward be ready and willing to permit and shall permit the use of such registered design by any person, firm, or corporation willing to supply such article to any member or members of such association.
(2)
Nothing in this Act shall prevent the continued use of any mark or device which has been bona fide used as a trade-mark before the coming into force of this Act.
Compare: Ibid. s. 3
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Versions
Chartered Associations (Protection of Names and Uniforms) Act 1930
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