DEFENCE (PROHIBITED WORDS AND LETTERS) REGULATIONS 1957 - made under the Defence Act 1903 - TABLE OF PROVISIONS 1. Name of Regulations [see Note 1] 2. Use of words and groups of letters prohibited without consent 3. Applications for consent 4. Consent 5. Delegation SCHEDULE 1 Prohibited words and letters DEFENCE (PROHIBITED WORDS AND LETTERS) REGULATIONS 1957 - REG 1 Name of Regulations [see Note 1] These Regulations are the Defence (Prohibited Words and Letters) Regulations 1957. DEFENCE (PROHIBITED WORDS AND LETTERS) REGULATIONS 1957 - REG 2 Use of words and groups of letters prohibited without consent (1) For this regulation, the use, in connexion with a trade, business, calling or profession or by an organization or body of persons, of: (a) a word, or words, specified in the second column of a Part of Schedule 1, being a word or words that is or are descriptive or indicative of: (i) a part of the Naval Forces, Military Forces or Air Forces of a part of the Queen's dominions; or (ii) a service or body of persons associated with the defence of the Commonwealth; or (b) a group of letters specified in the third column of a Part of Schedule 1, being a group of letters that is descriptive or indicative of: (i) a part of the Naval Forces, Military Forces or Air Forces of a part of the Queen's dominions; or (ii) a service or body of persons associated with the defence of the Commonwealth; is a restricted use. (2) A person is guilty of an offence if: (a) the person makes use of a word or words, or group of letters; and (b) the use is a restricted use; and (c) the use is not in accordance with a consent obtained under these Regulations. Penalty: 5 penalty units. (3) In paragraph (2) (c), strict liability applies to physical element that the consent was obtained under these Regulations. Note For strict liability, see section 6.1 of the Criminal Code. DEFENCE (PROHIBITED WORDS AND LETTERS) REGULATIONS 1957 - REG 3 Applications for consent (1) An application for the consent of the Minister to the use of a word or words, or a group of letters specified in the second or third column of Schedule 1 shall be made in writing to the Minister and shall state the grounds upon which the application is made. (2) The Minister may, by notice in writing, require a person who has made such an application to furnish such additional information in relation to the application as is required by the notice. DEFENCE (PROHIBITED WORDS AND LETTERS) REGULATIONS 1957 - REG 4 Consent (1) The Minister may: (a) consent to the use of the word, words or group of letters; or (b) refuse the application. (2) The Minister must have regard to the following matters when considering the application: (a) the purposes, constitution and structure of the applicant; (b) the trade, business, calling or profession of the applicant; (c) the financial resources of the applicant, to the extent that those resources affect its ability to use the words or group of letters in its trade, business, calling or profession; (d) if the applicant has previously received a consent under these Regulations -- the way in which the applicant used the words or group of letters to which the consent related; (e) the period for which consent is sought. (3) The Minister may have regard to other matters, relating to the protection and use of the words or group of letters to which the application relates, when considering the application. (4) Consent may be given subject to conditions about the following matters: (a) notifying the Minister about any change to: (i) the purposes, constitution or structure of the organisation or body; or (ii) the trade, business, calling or profession of the applicant; or (iii) any other matter, to the extent that the change may affect the ability of the organisation or body to use the words or group of letters in its trade, business, calling or profession; (b) the period for which consent is given; (c) the way in which the applicant may, or may not, use the words or group of letters to which the consent relates; (d) the protection and use of the words or group of letters to which the consent relates. (5) Application may be made to the Administrative Appeals Tribunal for review of a decision to refuse an application for consent, or a decision relating to a condition. DEFENCE (PROHIBITED WORDS AND LETTERS) REGULATIONS 1957 - REG 5 Delegation The Minister may, by instrument, delegate to an officer of the Defence Force who holds a rank not below that of Colonel, or an equivalent rank, his or her powers under regulations 3 and 4. DEFENCE (PROHIBITED WORDS AND LETTERS) REGULATIONS 1957 - SCHEDULE 1 Prohibited words and letters (regulation 2) Part 1 Australian Navy Item Prohibited words Prohibited letters 101 Australian Navy 102 Her Majesty's Australian Ship HMAS 103 Her Majesty's Australian Ships HMA Ships 104 Naval 105 Naval Emergency Reserve Forces NERF 106 Naval Forces 107 Naval Reserve 108 Navy 109 Permanent Naval Forces 110 Royal Australian Navy RAN 111 Royal Australian Naval Reserve RANR 112 Royal Australian Fleet Reserve RAFR Part 2 Australian Army Item Prohibited words Prohibited letters 201 Australian Army 202 Australian Army Reserve 203 Australian Flying Corps AFC 204 Australian Imperial Forces AIF 205 Australian Military Forces AMF 206 Australian Regular Army ARA 207 Army Reserve 208 Permanent Military Forces 209 Regular Army 210 Regular Army Emergency Reserve 211 Regular Army Supplement Part 3 Australian Air Force Item Prohibited words Prohibited letters 301 Air Force 302 Air Force Reserve 303 Air Force Emergency Force AFEF 304 Australian Air Force Reserve AAFR 305 Permanent Air Force PAF 306 Royal Australian Air Force RAAF Part 4 Words applicable to more than 1 Service Item Prohibited words Prohibited letters 401 Active Reserve 402 Australian Defence Force ADF 403 Australian Defence Force Reserves 404 Defence Force 405 Defence Force Reserves 406 Defence Reserves 407 High Readiness Active Reserve 408 High Readiness Reserve 409 High Readiness Specialist Reserve 410 Permanent Forces 411 Reserve Forces 412 Specialist Reserve 413 Standby Reserve DEFENCE (PROHIBITED WORDS AND LETTERS) REGULATIONS 1957 - NOTES Compilation Information [GRAPHIC]Defence (Prohibited Words and Letters) Regulations 1957 Statutory Rules 1957 No. 16 as amended This compilation was prepared on 22 December 2003taking into account amendments up to SR 2002 No. 278 andAct No. 135 of 2003 Prepared by the Office of Legislative DraftingAttorney-General's Department, Canberra DEFENCE (PROHIBITED WORDS AND LETTERS) REGULATIONS 1957 - NOTES DEFENCE (PROHIBITED WORDS AND LETTERS) REGULATIONS 1957Notes to the Defence (Prohibited Words and Letters) Regulations 1957 Note 1 The Defence (Prohibited Words and Letters) Regulations 1957 (in force under the Defence Act 1903) as shown in this compilation comprise Statutory Rules 1957 No. 16 amended as indicated in the Tables below. Table of Statutory Rules Year and number Date of notification in Gazette Date ofcommencement Application, saving ortransitional provisions 1957 No. 16 17 Apr 1957 17 Apr 1957 1976 No. 51 6 Feb 1976 9 Feb 1976 -- 1981 No. 102 13 May 1981 13 May 1981 -- 1990 No. 378 6 Dec 1990 6 Dec 1990 -- 2000 No. 41 29 Mar 2000 29 Mar 2000 -- 2001 No. 305 15 Oct 2001 15 Dec 2001 -- as amended by Act No. 135, 2003 Date of Assent:17 Dec 2003 15 Oct 2001 -- 2002 No. 278 21 Nov 2002 1 Dec 2002 -- Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted Provision affected How affected R. 1 rs. 2000 No. 41 R. 2 am. 1976 No. 51; 1981 No. 102; 2001 No. 305; 2002 No. 278 R. 3 am. 1976 No. 51; 2002 No. 278 R. 4 am. 2000 No. 41 rs. 2002 No. 278 R. 5 am. 1976 No. 51 rs. 1990 No. 378 R. 6 ad. 1990 No. 378 rep. 2001 No. 305 Heading to The Schedule rep. 1976 No. 51 Heading to Schedule ad. 1976 No. 51 rep. 2002 No. 278 Schedule am. 1976 No. 51; 1981 No. 102 rs. 1990 No. 378 am. 2000 No. 41 rep. 2002 No. 278 Schedule 1 ad. 2002 No. 278