South Australian Consolidated Acts South Australian Consolidated Acts28A—Special proprietary interests
(1) The Board has a
proprietary interest in—
(a) its
name; and
(b) any
other name adopted by the Board pursuant to a determination under
section 28; and
(c) all
official insignia.
(2) A person who,
without the consent of the Board, in the course of a trade or business—
(aa)
uses a name in which the Board has a proprietary interest under this section
for the purpose of promoting the sale of goods or services or the provision of
any benefits; or
(a)
sells goods marked with official insignia; or
(b) uses
official insignia for the purpose of promoting the sale of goods or services,
commits the tort of conversion and is guilty of an offence.
Maximum penalty: $15 000.
(3) A person who,
without the consent of the Board, assumes a name or description that consist
of, or includes, official insignia commits the tort of conversion and is
guilty of an offence.
Maximum penalty: $15 000.
(4) A consent under
this section—
(a) may
be given with or without conditions (including conditions requiring payment to
the Board);
(b) may
be given generally by notice in the Gazette or by notice in writing addressed
to an applicant for the consent;
(c) may
be revoked by the Board for breach of a condition by notice in writing given
personally or by post to a person who has the benefit of the consent.
(5) The Supreme Court
may, on the application of the Board, grant an injunction to restrain a breach
of this section.
(6) The court by which
a person is convicted of an offence against this section may, on the
application of the Board, order the convicted person to pay compensation of an
amount fixed by the court to the Board.
(7)
Subsections (5) and (6) do not derogate from any civil remedy that may be
available to the Board apart from those subsections.