Defence (Prohibited Words and Letters) Regulations 1957
Statutory Rules 1957 No. 16 as amended
made under the
Defence Act 1903
This compilation was prepared on 22 December 2003 taking into account amendments up to SR 2002 No. 278 and Act No. 135 of 2003
Prepared by the Office of Legislative Drafting Attorney-General’s Department, Canberra
Contents
Page
Contents
1 Name of Regulations [see Note 1] 3 2 Use of words and groups of letters prohibited
without consent 3 3 Applications for consent 4 4 Consent 4 5 Delegation 5
Schedule 1 Prohibited words and letters 6 Part 1 Australian Navy 6
Part 2 Australian Army 6
Part 3 Australian Air Force 7
Part 4 Words applicable to more than 1 Service 7
Notes 9
Defence (Prohibited Words and Letters) Regulations 1957
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Regulation 2
1 Name of Regulations [see Note 1]
These Regulations are the Defence (Prohibited Words and Letters) Regulations 1957.
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)
(ii)
a part of the Naval Forces, Military Forces or Air Forces of a part of the Queen’s dominions; or 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) (c)
the use is a restricted use; and the use is not in accordance with a consent obtained under these Regulations.
Penalty: 5 penalty units.
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Regulation 3
(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.
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.
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.
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Regulation 5
(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.
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.
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Schedule 1 Prohibited words and letters
Part 1 Australian Navy
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
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Prohibited words and letters Schedule 1
Words applicable to more than 1 Service Part 4
Item Prohibited words Prohibited letters
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
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Schedule 1 Prohibited words and letters
Part 4 Words applicable to more than 1 Service
Item Prohibited words Prohibited letters
412 Specialist Reserve
413 Standby Reserve
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Notes to the Defence (Prohibited Words and Letters) Regulations 1957
Table of Statutory Rules
Notes 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 Date of Date of Application, number notification commencement saving or
in Gazette transitional 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. Date of Assent: 15 Oct 2001 — 135, 2003 17 Dec 2003
2002 No. 278 21 Nov 2002 1 Dec 2002 —
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Notes to the Defence (Prohibited Words and Letters) Regulations 1957
Table of Amendments
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
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