EXPLANATORY STATEMENT
Statutory Rules 1986 No. 201
Issued by the Authority of the Minister for Aviation
AUSTRALIAN NATIONAL AIRLINES REGULATIONS
Section 70 of the Australian National Airlines Act 1945 provides that the Governor-General may make regulations, not inconsistent with that Act, prescribing all matters which are required or permitted to be prescribed, for carrying out or giving effect to the Act, and in particular for prescribing penalties not exceeding a fine of $100 or imprisonment for any period not exceeding 3 months, or both, for breaches of the regulations.
In the past, the Australian National Airlines Commission has used the trading name “Trans-Australia Airlines” (“TAA”), which is registered as a business name under State legislation. The Commission wished to adopt the trading name “Australian Airlines” for its airline operations. The Commission also wished to use the name “Australian Cargo” for its cargo division.
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The regulations permit the Commission to use the trading names “Australian Airlines” and “Australian Cargo” and prohibit any other person from using those names. A maximum penalty of $100 applies for use of the names by any other person.
Sub-regulations 3(5) and (6) preserve the legal rights of a person who had already registered a trade mark or design and the right of a person to continue using a trading name where that person had been using the name immediately before the commencement of the regulations.
Regulation 4 provides for the payment of reasonable compensation by the Commission in the event that the regulations would result in an acquisition of property from a person otherwise than on just terms. This provision has been included to cover the possibility that notwithstanding the continue right of other persons to continue to use business names they were already using, the regulations might have the effect of appropriating to the Commission part of a person’s goodwill.