EXPLANATORY STATEMENT
STATUTORY RULES 1988 No 86
ISSUED BY THE AUTHORITY OF THE MINISTER FOR
TRANSPORT AND COMMUNICATIONS
AUSTRALIAN AIRLINES (CONVERSION TO PUBLIC COMPANY)
REGULATIONS
Section 63 of the Australian Airlines (Conversion to Public Company) Act 1988 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, which are required or permitted by the Act or are necessary or convenient for carrying out or giving effect to it.
Under section 5 of the Act, “protected name” is defined as a protected business name or a protected company name. The definitions of “protected business name” and “protected company name” contain, in each case as paragraph (c), provision for names being prescribed for the purposes of the definition. The expression “Australian Airlines Limited” is also a protected company name.
Part V of the Act allows operations in a State or Territory under a protected company or business name even if the name is not registered under a law of the State or Territory. While this Part specifies a monetary penalty for a person using a protected name, it also creates three classes of exemption. These relate to pre-existing rights under the Trade Marks Act 1955 or the Designs Act 1906 and to bona fide use of, and legal rights in, an otherwise protected name before the name was first protected.
Background
Prior to the passing of the Act, the Australian National Airlines Regulations protected certain trading names used by the Australian National Airlines Commission. However, section 58 of the Act repealed those Regulations on 9 March 1988, the date of Royal Assent. On 30 April 1988, section 15 and subsection 52(2), among other provisions, were proclaimed to have effect. The coming into force of the former provision converted the Australian National Airlines Commission to a public company titled Australian Airlines Limited, and the coming into force of the latter provision abolished the regulation making powers of the Governor-General under section 70 of the Australian National Airlines Act 1945.
These Regulations will save the following business and company names for the use of Australian Airlines Limited.
Business Names
Australian Holidays and Tourism;
Australian Travel Agencies;
Australian World Travel;
Australian Catering Services;
Australian Aviation Engineering Services;
Australian Charter Airlines;
Australian Resorts;
Australian Regional Airlines;
Company Names
Australian Regional Airlines Pty. Ltd.;
Australian Resorts Pty. Ltd.;