Concerted Pty Ltd and Minister for Defence

The Administrative Appeals Tribunal reviewed a decision by the Minister for Defence to refuse consent to Concerted Pty Ltd (the Applicant) to use the words "Defence Force" in its corporate risk management business and for domain name registration. The Applicant sought to use these words in connection with its services, including the domain name defenceforce.com.au, which it had previously registered and used.

The primary legal issue before the Tribunal was whether the Applicant should be granted consent to use the prohibited words "Defence Force" under regulation 77 of the Defence Regulation 2016. This required the Tribunal to consider the matters to which the Minister must have regard, including the nature of the Applicant's business and the potential for confusion among the public. The Tribunal also considered the Applicant's submission that it possessed the professional skills to ensure its brand presentation would clearly distinguish itself from the Australian Defence Force.

Deputy J W Constance P affirmed the Minister's decision, finding that the likelihood of the public being confused by the Applicant's use of the words "Defence Force" was a significant concern. Despite the Applicant's assurances regarding its branding strategy and intent not to mislead, the Tribunal concluded that the potential for confusion was too great. The regulation's purpose is to prevent such confusion, and the Applicant's proposed use, particularly in relation to a domain name, carried a substantial risk of implying an association with the Australian Defence Force.

The Tribunal affirmed the reviewable decision to refuse the Applicant's request for consent.