Statutory Rules 1986 No. 2011
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Australian
National Airlines Regulations
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia,
acting with the advice of the Federal Executive Council, hereby make the
following Regulations under the Australian National Airlines Act 1945.
Dated 30 July 1986.
N. M. STEPHEN
Governor-General
By His Excellency's Command,
PETER MORRIS
Minister of State for Aviation
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Citation
1. These Regulations may be cited as
the Australian National Airlines Regulations.
Interpretation
2. In these Regulations, "the
Act" means the Australian National Airlines Act
1945.
Use of certain names
3. (1)
The Commission may, in connection
with the performance of its functions, operate under either of the following
names:
(a) Australian Airlines;
(b) Australian Cargo.
(2) Nothing in sub-regulation (1) is to
be interpreted as precluding the Commission from operating, in connection with
the performance of its functions, under a name other than a name specified in
that sub-regulation.
(3) A person other than the Commission
shall not use any name specified in sub-regulation (1) or any other name so
closely resembling any such name as to be likely to be mistaken for it—
(a) in connection with any business,
trade, profession or occupation; or
(b) as the name, or part of the
name, of any institution, premises, vehicle, vessel or craft.
Penalty: $100.
(4) Without limiting the generality of
sub-regulation (3), a name shall, for the purposes of that sub-regulation, be
deemed to be used in connection with a business, trade, profession or
occupation if the name—
(a) is used as the name, or part of
the name, of any firm or company;
(b) is applied (whether as a
trademark or otherwise) to any goods imported, manufactured, produced, sold,
offered for sale or let for hire; or
(c) is used in relation to goods or
services or to the promotion, by any means, of the supply or use of goods or
services.
(5) Nothing in this regulation affects
any rights conferred by law on a person in respect of—
(a) a trade mark registered under
the Trade Marks Act 1955,being a trade mark that was so
registered immediately before the commencement of this regulation; or
(b) a design registered under the Design
Act 1906,being a design that was so registered immediately before
the commencement of this regulation.
(6) Nothing in this regulation affects
the use, or any rights conferred by law relating to the use, of a name by a
person if, immediately before the commencement of this regulation—
(a) the person was using the name in
good faith in a manner referred to in paragraph (3) (a) or (b); or
(b) the person would have been
entitled to prevent another person from passing off, by means of the use of
that name or a similar name, goods or services as the goods or services of the
first-mentioned person.
Compensation for acquisition of
property
4. (1) Where,
but for this regulation, the operation of a provision of these Regulations
would result in the acquisition of property from a person otherwise than on
just terms, there is payable to the person by the Commission such reasonable
amount of compensation as is agreed upon between the person and the Commission
or, failing agreement, as is determined by a court of competent jurisdiction.
(2) Any
damages or compensation recovered or other remedy given in proceedings that are
instituted otherwise than by virtue of this regulation shall betaken
into account in assessing compensation payable in proceedings that are
instituted under this regulation and that arise out of the same event or
transaction.
(3) In
this regulation, "acquisition of property" and "just terms"
have the same respective meanings as in paragraph 51 (xxxi) of the
Constitution.
NOTE
1.
Notified in the Commonwealth of Australia Gazette