EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 3*78
ISSUED BY THE AUTHORITY OF THE
MINISTER FOR DEFENCE SCIENCE AND PERSONNEL
DEFENCE (PROHIBITED WORDS AND LETTERS) REGULATIONS (AMENDMENT)
The Defence (Prohibited Words and Letters) Regulations (“the Regulations”) prohibit the use, in connection with a trade, business, calling or profession or by an organization or body of persons, of specified words or groups of letters descriptive or indicative of a part of the Defence Force or a service or body of persons associated with the defence of Australia, unless the use of those words or letters has been approved by the Minister under the Regulations.
The Statutory Rule updates the Regulations by revising the Schedule of prohibited words and letters so that it protects only words and letters of continuing Defence interest and reflects current titles. New references to current elements of the Defence Force that have been incorporated into the revised Schedule were considered by the Commonwealth Business Regulation Review Unit, State and Territory Commissioners for Corporate Affairs and the Registrar of Trade Marks to ensure that they did not conflict with legitimate business interests.
The Statutory Rule also removes a strict liability offence, and replaces an inappropriate penalty with a monetary penalty that reflects current criminal law standards.
A further amendment enables delegation of the Minister’s approval powers to an appropriate level of senior officer.
A detailed description of the Statutory Rule is attached.
The Statutory Rule comes into operation on the date of gazettal.
ATTACHMENT
DEFENCE (PROHIBITED WORDS AND LETTERS) REGULATIONS (AMENDMENT)
Regulation 1 provides that the Regulations are amended as set out in the Statutory Rule.
Regulation 2 omits regulation 5 of the Regulations, which deals with offences under the Regulations, and replaces it with new delegation and offence provisions.
The Regulations required the Minister to consider all applications to use a prohibited word or group of letters. This was not appropriate, as most applications are routine in nature. Regulation 2 therefore inserts a new regulation 5 which enables delegation of the Minister’s powers to an officer not below the rank of Colonel (or its rank equivalent in the Navy or Air Force).
Regulation 2 also replaces a strict liability offence and outdated penalty of $40 or imprisonment for 3 months with a monetary penalty of $500 that only applies where a person has knowingly used a word or group of letters in contravention of the Regulations.
Regulation 3 replaces the Schedule of prohibited words and letters with a revised Schedule which reflects the current needs of the Defence Force. The former Schedule contained a number of unnecessary references, as well as obsolete references. At the same time, it did not protect the title of new elements of the Defence Force. The revised Schedule removes the obsolete and unnecessary references, and ensures that the Regulations cover words or groups of letters associated with new elements of the Defence Force.
Overview
The Defence (Prohibited Words and Letters) Regulations (Amendment) Statutory Rules 1990, issued under the authority of the Minister for Defence Science and Personnel, were enacted to address the need for updating the existing regulations concerning the prohibited use of certain words and letters indicative of parts of the Defence Force or associated services. The aim of this legislation is to ensure that only words and letters of ongoing relevance to the Defence Force are protected, thereby preventing misuse by unauthorised entities while accommodating legitimate business interests. The amendment process involved consultation with the Commonwealth Business Regulation Review Unit, State and Territory Commissioners for Corporate Affairs, and the Registrar of Trade Marks to align the revised list with current Defence interests and to avoid conflicts with commercial activities. Furthermore, the Statutory Rules updated the penalty structure to reflect contemporary criminal law standards and streamlined the application process by delegating the Minister's approval powers to a senior officer of appropriate rank. This legislative update ensures that the Regulations remain effective and relevant in protecting the integrity and reputation of the Defence Force.
Scope and Application
The Defence (Prohibited Words and Letters) Regulations govern the use of specific words or groups of letters that are descriptive or indicative of a part of the Defence Force or associated entities, prohibiting their use in a trade, business, calling, or profession by an organization or body of persons without approval from the Minister. These Regulations apply to all persons, entities, and organizations within the Commonwealth of Australia. They ensure that such words or letters, which may include names, acronyms, or abbreviations related to Defence Force elements or associated services, are not misused commercially or in a manner that might mislead the public or undermine the integrity of the Defence Force. The updated Regulations, which come into effect on the date of gazettal, amend the previous list of prohibited words and letters to reflect current Defence interests, remove outdated or irrelevant entries, and include new references to current Defence elements. The Regulations also modify the enforcement mechanisms, removing a strict liability offence and replacing it with a monetary penalty of $500 for those knowingly contravening the Regulations. Additionally, the Regulations now allow the Minister to delegate approval powers to a senior officer of at least the rank of Colonel, streamlining the approval process for routine applications.
Key Provisions
The Defence (Prohibited Words and Letters) Regulations (Amendment) Statutory Rule 1990 No. 378, issued under the authority of the Minister for Defence Science and Personnel, updates the Defence (Prohibited Words and Letters) Regulations by modifying the Schedule of prohibited words and letters. These regulations aim to ensure that the use of specific words or groups of letters associated with the Defence Force or related services is only permissible if approved by the Minister. This is detailed in Regulation 1, which specifies that the Regulations are amended as outlined in the Statutory Rule. Regulation 2 further refines the application process and penalties for the use of prohibited words or letters.
The Regulations impose obligations on parties or entities seeking to use words or letters indicative of the Defence Force. As per the updated provisions, any use of such words or letters must be approved by the Minister, or an appropriate delegated officer. This delegation is to an individual not below the rank of Colonel (or its equivalent in the Navy or Air Force). This change aims to streamline the application process, as most applications are routine and do not require ministerial intervention. The updated Regulations now allow for the delegation of these powers, ensuring that the process remains efficient while maintaining the necessary oversight.
The Statutory Rule also revises the penalties associated with the misuse of prohibited words or letters. Regulation 2 removes the previous strict liability offence and replaces it with a new provision that imposes a monetary penalty of $500 for knowingly using a prohibited word or letter in contravention of the Regulations. This change reflects modern criminal law standards and ensures that penalties are commensurate with the nature of the offence. Additionally, Regulation 3 updates the Schedule to include only those words and letters that are of continuing Defence interest, removing obsolete and unnecessary references. This ensures that the Regulations effectively protect current elements of the Defence Force.
In summary, the amended Regulations require the approval of the Minister or a delegated officer for the use of specific words or letters associated with the Defence Force. The new provisions streamline the application process through delegation and update the penalties for breaches to a monetary fine of $500 for knowing contraventions. These changes aim to balance the protection of Defence interests with the efficient processing of legitimate business interests.