In this Act, unless the context otherwise requires,—
Association means The New Zealand Olympic and British Commonwealth Games Association Incorporated
Minister means the Minister of Internal Affairs
Symbol means the official symbol of the Xth British Commonwealth Games, which symbol is reproduced in the Schedule to this Act.
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Restriction on use of symbol
(1)
No person shall use the symbol for any purpose without the consent of the Minister.
(2)
For the purposes of subsection (1) of this section, where any person uses for any purpose any mark, emblem, or design that so nearly resembles the symbol as to be likely to deceive, he shall be deemed to have used the symbol for the same purpose.
(3)
Nothing in subsection (1) of this section shall apply—
(a)
To the use of the symbol by The Shipping Corporation of New Zealand Limited for any purpose for which the Corporation was entitled to use it immediately before the commencement of this Act:
(b)
To the use by any person for any purpose of any article incorporating in its design or imprinted with the symbol, if that article was lawfully manufactured in or imported into New Zealand before the commencement of this Act.
(4)
Every person who acts in contravention of subsection (1) of this section commits an offence and shall be liable on summary conviction to a fine not exceeding $200.
(5)
In any prosecution for an offence against this section it shall be for the defendant to prove that he acted with the consent of the Minister, or that the act complained of was not an offence by virtue of subsection (3) of this section.
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Minister may consent to use of symbol, and impose conditions
(1)
On written application made to him in that behalf, the Minister may consent to the use of the symbol, thereafter or for such period as he may specify, for any particular purpose.
(2)
In any such case the Minister may give his consent on such terms and subject to such conditions as he thinks fit, including a condition requiring the applicant for his consent to pay to the Association such sum or sums as the Minister may think reasonable, whether by way of premium, royalty, or otherwise, and may from time to time, on the application or with the consent of the applicant, vary or revoke any such term or condition.
(3)
Where the Minister has given his consent to the use of the symbol by any person and that person is convicted of an offence against section 3 of this Act, the Minister may revoke his consent.
(4)
Where—
(a)
The Minister has consented to the use of the symbol by any person for a particular purpose and has attached a condition to his consent; and
(b)
That person has used the symbol for any other purpose, or has used the symbol without complying with each such condition,—
that person shall, for the purposes of subsection (1) of section 3 of this Act, be deemed to have used the symbol without the consent of the Minister.
(5)
Where under subsection (2) of this section the Minister requires any person to pay any sum to the Association, neither the Minister nor that person shall be concerned to see to the application of that sum by the Association.
