South Australian Consolidated Acts South Australian Consolidated Acts3B—Use of State commercial emblems
(1) A person who,
except in accordance with the permission of the Minister—
(a)
prints or publishes, or causes to be printed or published, a State
commercial emblem; or
(b)
manufactures or supplies, or causes to be manufactured or supplied, material
or an object incorporating or depicting, or in the form of, a State
commercial emblem; or
(c) in
any other way uses, or causes to be used, a State commercial emblem,
for any commercial purpose, or in a manner suggesting that official approval
has been granted for use of the emblem or that official significance attaches
to its use, is guilty of an offence.
(2) Permission under
subsection (1) may be granted unconditionally or on conditions, including
a condition requiring payment of a fee, of such amount as the Minister thinks
fit, for use of a State commercial emblem.
(3) The Minister may,
by notice in writing, vary or revoke a permission under subsection (1).
(4) The Minister is
entitled to either or both of the following remedies in the event of a person
contravening this section:
(a)
compensation for any loss arising out of the contravention;
(b) an
injunction restraining the person from committing any further such
contravention.
(5) The Minister may
recover compensation from a person under subsection (4)(a) on application
to the court that convicts the person, or by action in a court of competent
jurisdiction.
(6) A member of the
police force may seize and retain goods that the member suspects on reasonable
grounds have been, are being or are intended to be supplied in contravention
of this section.
(7) Where—
(a)
goods are seized from a person under subsection (6); but
(b)
—
(i)
proceedings for an offence against this section in
relation to the goods are not instituted within three months after their
seizure; or
(ii)
proceedings for such an offence are instituted within
that period but the defendant is not convicted of the offence,
the person from whom the goods were seized may, by action in a court of
competent jurisdiction, recover from the Minister—
(c) the
goods, or if they have been destroyed or deteriorated, compensation equal to
the market value of the goods at the time of their seizure; and
(d)
compensation for any loss suffered by reason of the seizure of the goods.
(8) Where—
(a)
goods are seized from a person under subsection (6); and
(b)
proceedings for an offence against this section in relation to the goods are
instituted within three months after their seizure,
the court may, if it convicts the defendant of the offence, order that the
goods be forfeited to the Crown and, in that event, the goods may be disposed
of in such manner as the Minister directs.
(9) Where goods are
sold by the Minister, the proceeds must be paid into the Consolidated Account
of the State.
(10) In this
section—
"State commercial emblem" means an emblem declared by regulation to be a
State commercial emblem, and includes any other emblem that is so similar to
an emblem so declared that it could readily be mistaken for such an emblem.
(11) The Governor may,
by regulation, declare any emblem described, depicted or referred to in the
regulation, being an emblem the copyright of which is vested in the Crown in
right of the State, to be a State commercial emblem.
(12) This section does
not derogate from any right or power to institute civil or criminal
proceedings in respect of an act or omission referred to in this section.