Prepared by the Office of Parliamentary Counsel, Canberra
Advance Australia Logo Protection Act
1984
No. 20, 1984
Compilation No. 2
Compilation date: 10 December 2015
Includes amendments up to: Act No. 145, 2015
Registered: 24 December 2015
ComLaw Authoritative Act C2015C00626
About this compilation
This compilation
This is a compilation of the Advance Australia Logo Protection Act 1984 that
shows the text of the law as amended and in force on 10 December 2015 (the
compilation date).
This compilation was prepared on 22 December 2015.
The notes at the end of this compilation (the endnotes) include information
about amending laws and the amendment history of provisions of the compiled
law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the
compiled law. Any uncommenced amendments affecting the law are accessible
on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but
not commenced at, the compilation date are underlined in the endnotes. For
more information on any uncommenced amendments, see the series page on
ComLaw for the compiled law.
Application, saving and transitional provisions for provisions and
amendments
If the operation of a provision or amendment of the compiled law is affected by
an application, saving or transitional provision that is not included in this
compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as
modified but the modification does not amend the text of the law. Accordingly,
this compilation does not show the text of the compiled law as modified. For
more information on any modifications, see the series page on ComLaw for the
compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a
provision of the law, details are included in the endnotes.
ComLaw Authoritative Act C2015C00626
Advance Australia Logo Protection Act 1984 i
Compilation No. 2 Compilation date: 10/12/15 Registered: 24/12/15
Contents 1 Short title ...........................................................................................1
2 Commencement.................................................................................1
3 Interpretation .....................................................................................1
4 Act to bind Crown .............................................................................2
5 Extension of Act to external Territories.............................................2
6 Ownership etc. of copyright in the logo.............................................2
7 Ownership of design of the logo........................................................3
8 Monopoly of design in the logo.........................................................3
9 Certain purported dispositions or charges relating to
copyright in, or design of, the logo to be void ...................................3
10 Ownership of copyright in, and design of, the logo to vest in
Commonwealth in certain circumstances ..........................................4
11 Infringement of monopoly in the design of the logo..........................5
12 Remedies for infringement of monopoly in the design of the
logo....................................................................................................6
13 Jurisdiction of courts .........................................................................7
14 Validation of certain licences ............................................................7
15 Immunity from suit............................................................................8
16 Compensation for acquisition of property .........................................8
17 Directions by Minister .......................................................................9
18 Annual report by Company .............................................................10
19 Application of Copyright Act and Designs Act ...............................11
20 Severability of certain provisions ....................................................12
21 Regulations......................................................................................12
Schedule 1—Advance Australia Logo Protection Act
1984 13
Schedule 2—Outline of the Advance Australia Logo 14
Endnotes 15
Endnote 1—About the endnotes 15
Endnote 2—Abbreviation key 16
Endnote 3—Legislation history 17
Endnote 4—Amendment history 18
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Section 1
Advance Australia Logo Protection Act 1984 1
Compilation No. 2 Compilation date: 10/12/15 Registered: 24/12/15
An Act to make provision for the protection of the
Advance Australia logo, and for related purposes
1 Short title
This Act may be cited as the Advance Australia Logo Protection
Act 1984.
2 Commencement
(1) Sections 1, 2 and 3 and Schedule 1 shall come into operation on the
day on which this Act receives the Royal Assent.
(2) The remaining provisions of this Act shall come into operation on
a day to be fixed by Proclamation, being a day not earlier than the
day on which the Company delivers to the Governor-General an
instrument in writing under its common seal in the form set out in
Schedule 1, but upon those provisions so coming into operation,
those provisions and section 3 shall be deemed to have had effect
on and from 13 October 1983.
3 Interpretation
(1) In this Act, unless the contrary intention appears:
Australia, when used in a geographical sense, includes the external
Territories.
Company means Advance Australia, being a company
incorporated on 29 June 1981 under the law in force in the
Australian Capital Territory.
charge means a charge created in any way and includes a mortgage
and an agreement to give or execute a charge or mortgage, whether
upon demand or otherwise.
logo means the logo an outline of which is set out in Schedule 2.
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Section 4
2 Advance Australia Logo Protection Act 1984
Compilation No. 2 Compilation date: 10/12/15 Registered: 24/12/15
monopoly, in relation to the design of the logo, means the
exclusive right to apply the design to any article to which the
design is capable of being applied.
owner, in relation to the design of the logo, means the person who,
under this Act, or by virtue of a disposition not in contravention of
this Act, is the owner of the design of the logo.
prescribed period means the period of 16 years that commenced on
13 October 1983.
(2) Where, by virtue of regulations in force for the purposes of
subsection 17(2) of the Designs Act 1906, a design is not capable
of being registered under that Act for an article specified in those
regulations, a reference in this Act to an article does not include a
reference to an article so specified.
(3) A reference in this Act to the design of the logo is a reference to
the design that, when applied to an article, results in a reproduction
of the logo.
(4) Unless the contrary intention appears, an expression used in this
Act and the Designs Act 1906 has the same meaning in this Act as
in the Designs Act 1906.
4 Act to bind Crown
Subject to Part VII of the Copyright Act 1968, this Act binds the
Crown in each of its capacities.
5 Extension of Act to external Territories
This Act extends to the external Territories.
6 Ownership etc. of copyright in the logo
For the purposes of the Copyright Act 1968:
(a) the logo shall be taken to be, and to have been from the time
when it was created, an original artistic work;
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Section 7
Advance Australia Logo Protection Act 1984 3
Compilation No. 2 Compilation date: 10/12/15 Registered: 24/12/15
(b) the Commonwealth shall be taken to have been the owner of
the copyright in the logo from the time it was created until
and including 28 June 1981; and
(c) subject to section 10, the Company shall be taken to be, and
to have been, on and from 29 June 1981, the owner of the
copyright in the logo.
7 Ownership of design of the logo
Subject to section 10, the Company shall be taken to be, and to
have been, with effect from 13 October 1983, the owner of the
design of the logo.
8 Monopoly of design in the logo
(1) The owner of the design of the logo has, and shall be taken at all
material times to have had, a monopoly in that design.
(2) The rights of an owner with respect to the design of the logo are
personal property and, subject to this Act, the laws applicable to
ownership of personal property apply in relation to the monopoly
in the design of the logo as they apply in relation to other choses in
action.
9 Certain purported dispositions or charges relating to copyright in,
or design of, the logo to be void
(1) A disposition, by assignment, declaration of trust or by any other
means, purporting to be made by the Company of the whole or any
part of its interest in the copyright in the logo or of its interest in
the design of the logo to a person other than the Commonwealth is
void.
(2) A charge purporting to be given by the Company with respect to an
asset of the Company that consists of, or includes, the whole or any
part of its interest in the copyright in the logo or the whole or any
part of its interest in the design of the logo is void.
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Section 10
4 Advance Australia Logo Protection Act 1984
Compilation No. 2 Compilation date: 10/12/15 Registered: 24/12/15
10 Ownership of copyright in, and design of, the logo to vest in
Commonwealth in certain circumstances
(1) If:
(a) the Company passes a resolution for its winding up;
(b) an order is made for the winding up of the Company; or
(c) the Minister, by notice published in the Gazette, declares that
he is satisfied that it is no longer in the public interest for the
Company to own any interest in the copyright in the logo or
any interest in the design of the logo by reason that:
(i) the Company has refused or failed to comply with a
direction under section 17;
(ii) the Company has done, or is doing, an act or thing that
the Company was or is without the capacity or power to
do; or
(iii) there has been a change in the objects, powers,
constitution, management, membership, beneficial
ownership or control of the Company;
then, by force of this subsection:
(d) the interest of the Company in:
(i) the copyright in the logo; and
(ii) the design of the logo;
is assigned to the Commonwealth; and
(e) the interest, rights and benefits of the Company under any
licence granted by the Company in respect of the copyright
in, and the design of, the logo are assigned to the
Commonwealth.
(2) Where, whether by force of subsection (1) or otherwise, the
Commonwealth acquires an interest in the copyright in the logo or
an interest in the design of the logo, a purported assignment by the
Commonwealth of the whole or any part of that interest to a person
(in this section referred to as the assignee) is void unless:
(a) the assignee is an incorporated company; and
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Section 11
Advance Australia Logo Protection Act 1984 5
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(b) the assignee agrees that, as a condition of the assignment, it
is not entitled to compensation from the Commonwealth by
reason of the operation of any provision of this Act.
(3) Where the Commonwealth assigns the whole or any part of its
interest in the copyright in, or the design of, the logo to a company,
section 9, subsection (1) of this section and sections 17 and 18
have effect as if a reference in those provisions to the Company
were a reference to the assignee.
(4) A person is not entitled to compensation from the Commonwealth
by reason of the operation of subsection (1) or (3).
11 Infringement of monopoly in the design of the logo
(1) A person shall be deemed to infringe the monopoly in the design of
the logo if, during the prescribed period, the person:
(a) without the licence of the owner of the design, applies the
design or any fraudulent or obvious imitation of it to any
article;
(b) without the licence of the owner of the design, sells, or offers
or keeps for sale, or hires, or offers or keeps for hire, any
article to which the design or any fraudulent or obvious
imitation of it has been applied in infringement of the
monopoly in the design;
(c) imports into Australia for sale, or for use for the purposes of
any trade or business, any article in respect of which the
design or any fraudulent or obvious imitation of it has been
applied outside Australia; or
(d) sells, or offers or keeps for sale, or hires, or offers or keeps
for hire, any article that has been imported into Australia and
to which the design or any fraudulent or obvious imitation of
it has been applied, whether in or outside Australia.
(2) Subject to subsection (3), if a person infringes the monopoly in the
design of the logo:
(a) the owner of the design; or
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Section 12
6 Advance Australia Logo Protection Act 1984
Compilation No. 2 Compilation date: 10/12/15 Registered: 24/12/15
(b) a holder of a licence in relation to the design whose interests
have been, are or would be affected by the infringement;
may bring an action or proceeding against the person in the Federal
Court of Australia or the Supreme Court of a State or a Territory
for infringement of the monopoly in the design.
(3) An action or proceeding for infringement of the monopoly in the
design of the logo shall not be instituted by the holder of a licence
in relation to the design without the consent of the owner of the
design.
(4) Where:
(a) a person, being the holder of a licence in relation to the
design of the logo, applies, by notice in writing served on the
owner of the design, for the consent of the owner under
subsection (3) to the institution by the person of an action or
proceeding for infringement of the monopoly in the design of
the logo; and
(b) the owner of the design does not grant or refuse that consent
before the expiration of the period of 7 days after the day on
which the notice was served;
the owner of the design shall, upon the expiration of that period, be
deemed to have granted that consent under subsection (3).
(5) Consent under subsection (3) to the institution of an action or
proceeding shall not be unreasonably refused.
(6) Subsection (3) does not affect the granting of an interlocutory
injunction on the application of a holder of a licence in relation to
the design of the logo.
12 Remedies for infringement of monopoly in the design of the logo
The relief that a court may grant in an action or proceeding for the
infringement of the monopoly in the design of the logo includes an
injunction (subject to such terms, if any, as the court thinks fit)
and, at the option of the plaintiff, either damages or an account of
profits.
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Section 13
Advance Australia Logo Protection Act 1984 7
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13 Jurisdiction of courts
(1) The Supreme Court of each State is invested with federal
jurisdiction, and to the extent that the Constitution permits,
jurisdiction is conferred on the Supreme Court of each Territory,
with respect to all matters arising under section 11 or 16.
(1A) The Federal Court of Australia has jurisdiction with respect to all
matters arising under section 11 or 16.
(2) The jurisdiction of a Supreme Court of a State or Territory under
this section shall be exercised by a single Judge.
(3) The inferior courts of each State are invested with federal
jurisdiction, and jurisdiction is conferred on the inferior courts of
each Territory, within the limits, other than limits as to
subject-matter, of their several jurisdictions, with respect to matters
arising under section 16.
(4) An appeal lies to the Federal Court of Australia from a judgment or
order of a court of a State or Territory exercising jurisdiction under
this Act.
(5) An appeal lies to the High Court, with special leave of the High
Court, from a judgment or order referred to in subsection (4).
(6) Except as provided in subsection (4) or (5), no appeal lies from a
judgment or order referred to in subsection (4).
(7) A reference in subsection (3) to an inferior court is a reference to:
(a) a County Court, District Court or Local Court; or
(b) a court of summary jurisdiction exercising civil jurisdiction;
being a court having jurisdiction in actions for the recovery of
debts up to an amount not less than the amount of compensation
claimed.
14 Validation of certain licences
Where, before 13 October 1983, the Company purported to grant a
licence for a particular period expiring after that date in respect of
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Section 15
8 Advance Australia Logo Protection Act 1984
Compilation No. 2 Compilation date: 10/12/15 Registered: 24/12/15
the design of the logo, the licence is as valid and effectual as it
would have been if it had been granted on that date for the part of
that period that commenced on that date.
15 Immunity from suit
(1) No action or proceeding, whether civil or criminal, lies against the
Commonwealth or the Company for or in relation to any matter or
thing arising out of or incidental to the grant before 13 October
1983 of any purported licence in respect of the design of the logo.
(2) No action or proceeding, whether civil or criminal, lies against the
Commonwealth, the Company or a person acting in accordance
with any purported licence in respect of the design of the logo for
or in relation to the use of the logo before 13 October 1983.
(3) Nothing in this section shall be taken to affect a right to
compensation conferred upon a person by section 16.
16 Compensation for acquisition of property
(1) Where, but for this subsection, the operation of a provision of this
Act would result in the acquisition of property from a person by
another person otherwise than on just terms, there is payable to the
first-mentioned person by that other person such amount of
compensation as is agreed upon between those persons, or, failing
agreement, as is determined by a court of competent jurisdiction.
(2) Any compensation recovered in proceedings that are instituted
under this section shall be taken into account in assessing damages
or compensation or giving any other remedy in proceedings that
are instituted otherwise than by virtue of this Act and that arise out
of the same event or transaction.
(3) Any damages or compensation recovered or other remedy given in
proceedings that are instituted otherwise than by virtue of this Act
shall be taken into account in assessing compensation payable in
proceedings that are instituted under this section and that arise out
of the same event or transaction.
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Section 17
Advance Australia Logo Protection Act 1984 9
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(4) In this section, acquisition of property and just terms have the
same respective meanings as in paragraph 51(xxxi) of the
Constitution.
17 Directions by Minister
(1) The Minister may, by instrument in writing served on the
Company, give directions to the Company in connection with the
exercise of its powers in relation to the copyright in, and the design
of, the logo and the Company shall comply with any directions so
given.
(2) The Minister shall cause a copy of a direction given under
subsection (1) to be laid before each House of the Parliament
within 15 sitting days of that House after the day on which the
direction is given.
(3) Without limiting the generality of subsection (1), a direction under
that subsection may require the Company:
(a) to furnish to the Minister, by writing signed by a competent
officer of the Company, within the time and in the manner
specified in the direction, such information relating to:
(i) licences granted by the Company in respect of copyright
in, or the design of, the logo;
(ii) amounts received by the Company by way of
consideration for any such licences; or
(iii) the application by the Company of any such amounts;
as is specified in the direction;
(b) to produce to the Minister or a person specified in the
direction acting on his behalf, in accordance with the
direction, such documents relating to a matter referred to in
subparagraph (a)(i), (ii) or (iii) as are specified in the
direction;
(c) to keep a separate account of the receipt and application of
amounts referred to in subparagraph (a)(ii); or
(d) to permit a person specified in the direction to audit any such
account.
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Section 18
10 Advance Australia Logo Protection Act 1984
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(4) A person is not entitled to compensation from the Commonwealth
by reason of the operation of subsection (1).
18 Annual report by Company
(1) The Company shall, as soon as practicable after each 30 June,
prepare and furnish to the Minister a report relating to the exercise
of its powers during the year that ended on that 30 June with
respect to the copyright in, and the design of, the logo.
(2) The Minister shall cause a copy of a report furnished to him under
subsection (1) to be laid before each House of the Parliament
within 15 sitting days of that House after the day on which he
receives the report.
(3) A report under subsection (1) in respect of a year shall set out
details of:
(a) licences granted by the Company during that year in respect
of copyright in, or the design of, the logo;
(b) the total of the amounts received by the Company during that
year by way of consideration for any licences in respect of
copyright in, or the design of, the logo;
(c) the application by the Company during that year of any such
amounts; and
(d) such other matters (if any) as are prescribed.
(4) A report under subsection (1) in respect of a year ending on a
30 June before the expiration of the prescribed period shall include
a statement:
(a) setting out the views of the Company:
(i) with respect to the question whether or not this Act
should be amended so as to shorten the duration of the
prescribed period; and
(ii) if:
(A) the views of the Company with respect to the
question referred to in subparagraph (i) are that
the Act should not be amended as mentioned in
that subparagraph; and
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Section 19
Advance Australia Logo Protection Act 1984 11
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(B) that 30 June is within the period commencing 5
years before the expiration of the prescribed
period;
with respect to the question whether or not this Act
should be amended so as to lengthen the duration of the
prescribed period; and
(b) giving reasons for those views.
(5) The first report under subsection (1) shall relate to the period
commencing on 13 October 1983 and ending on 30 June 1984.
19 Application of Copyright Act and Designs Act
(1) Division 8 of Part III of the Copyright Act 1968 does not apply in
relation to the copyright in the logo.
(2) During the prescribed period, it is not an infringement of the
copyright in the logo to do any act or thing that, at the time when it
is done, is an act or thing that, by virtue of this Act, the owner of
the design of the logo has the exclusive right to do.
(3) After the expiration of the prescribed period, it is not an
infringement of the copyright in the logo to do any act or thing
that, had it been done immediately before the expiration of the
prescribed period, would have been an act or thing that, by virtue
of this Act, the owner of the design of the logo would have had the
exclusive right to do if a reference in this Act to the design of the
logo had, immediately before the expiration of the prescribed
period, included a reference to another design that when applied to
an article differs from the design of the logo only in immaterial
details or in features commonly used in a relevant trade.
(4) Any registration of the design of the logo that was purported to be
made under the Designs Act 1906, whether before or after this
subsection commenced to have effect, is void and shall be deemed
never to have been made.
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Section 20
12 Advance Australia Logo Protection Act 1984
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20 Severability of certain provisions
If, but for this section, the enactment of subsection 10(4) or of
subsection 17(4) would result in the invalidity, in whole or in part,
of any other provision of this Act, this Act has effect as if that
subsection had not been enacted.
21 Regulations
The Governor-General may make regulations, not inconsistent with
this Act, prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or
giving effect to this Act.
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Advance Australia Logo Protection Act 1984 Schedule 1
Advance Australia Logo Protection Act 1984 13
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Schedule 1—Advance Australia Logo
Protection Act 1984 Subsection 2(2)
The Company agrees that, as a condition of the conferral on it of benefits by or
under the Advance Australia Logo Protection Act 1984, it will not be entitled to
any compensation from the Commonwealth by reason of the operation of any
provision of that Act.
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Schedule 2 Outline of the Advance Australia Logo
14 Advance Australia Logo Protection Act 1984
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Schedule 2—Outline of the Advance Australia
Logo Subsection 3(1)
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Endnotes
Endnote 1—About the endnotes
Advance Australia Logo Protection Act 1984 15
Compilation No. 2 Compilation date: 10/12/15 Registered: 24/12/15
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnotes about misdescribed amendments and other matters are included in a
compilation only as necessary.
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that
has amended (or will amend) the compiled law. The information includes
commencement details for amending laws and details of any application, saving
or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at
the provision (generally section or equivalent) level. It also includes information
about any provision of the compiled law that has been repealed in accordance
with a provision of the law.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe
the amendment to be made. If, despite the misdescription, the amendment can
be given effect as intended, the amendment is incorporated into the compiled
law and the abbreviation “(md)” added to the details of the amendment included
in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the
abbreviation “(md not incorp)” is added to the details of the amendment
included in the amendment history.
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Endnotes
Endnote 2—Abbreviation key
16 Advance Australia Logo Protection Act 1984
Compilation No. 2 Compilation date: 10/12/15 Registered: 24/12/15
Endnote 2—Abbreviation key
A = Act o = order(s)
ad = added or inserted Ord = Ordinance
am = amended orig = original
amdt = amendment par = paragraph(s)/subparagraph(s)
c = clause(s) /sub-subparagraph(s)
C[x] = Compilation No. x pres = present
Ch = Chapter(s) prev = previous
def = definition(s) (prev…) = previously
Dict = Dictionary Pt = Part(s)
disallowed = disallowed by Parliament r = regulation(s)/rule(s)
Div = Division(s) Reg = Regulation/Regulations
exp = expires/expired or ceases/ceased to have reloc = relocated
effect renum = renumbered
F = Federal Register of Legislative Instruments rep = repealed
gaz = gazette rs = repealed and substituted
LI = Legislative Instrument s = section(s)/subsection(s)
LIA = Legislative Instruments Act 2003 Sch = Schedule(s)
(md) = misdescribed amendment can be given Sdiv = Subdivision(s)
effect SLI = Select Legislative Instrument
(md not incorp) = misdescribed amendment SR = Statutory Rules
cannot be given effect Sub-Ch = Sub-Chapter(s)
mod = modified/modification SubPt = Subpart(s)
No. = Number(s) underlining = whole or part not
commenced or to be commenced
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Endnotes
Endnote 3—Legislation history
Advance Australia Logo Protection Act 1984 17
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Endnote 3—Legislation history
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Advance Australia Logo
Protection Act 1984
20, 1984 26 Apr
1984
s 1–3 and Sch 1: 26 Apr
1984 (s 2(1))
Remainder: 1 Oct 1984
(s 2(2) and gaz 1985,
No S385)
Statute Law
(Miscellaneous
Provisions) Act (No. 1)
1986
76, 1986 24 June
1986
s 9 and Sch 1: 24 June
1986 (s 2(1))
s 9
Jurisdiction of Courts
(Miscellaneous
Amendments) Act 1987
23, 1987 26 May
1987
s 5: 26 May 1987
(s 2(1))
Sch: 1 Sept 1987 (s 2(2)
and gaz 1987, No S217)
s 5
Statute Law Revision
Act (No. 2) 2015
145, 2015 12 Nov
2015
Sch 3 (item 2): 10 Dec
2015 (s 2(1) item 7)
—
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Endnotes
Endnote 4—Amendment history
18 Advance Australia Logo Protection Act 1984
Compilation No. 2 Compilation date: 10/12/15 Registered: 24/12/15
Endnote 4—Amendment history
Provision affected How affected
s 4 ..................................................am No 145, 2015
s 11 ................................................am No 23, 1987
s 13 ................................................am No 23, 1987
s 18 ................................................am No 76, 1986
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