ACT of the Parliament of the Commonwealth of Australia to amend The Trade Marks Act, 1905-1912."

No. 7.]

[Assented to October 2, 1919.] BE it enacted by the King's most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:

1.-(1.) This Act may be cited as "The Trade Marks Act, 1919.'

(2.) The Trade Marks Act, 1905*-1912," as amended by this Act, is in this Act referred to as the "Principal Act." (3.) The Principal Act, as amended by this Act, may be cited as "The Trade Marks Act, 1905-1919."

2. Section 18 of the Principal Act is amended by adding at the end thereof the following paragraph :—

"Or (h) any word or mark which is declared by the Governor-General by Proclamation to be for the purposes of this section a prohibited word or mark, or any word or mark so nearly resembling any such word or mark as to be likely to deceive."

3. After Section 100 of the Principal Act the following section is inserted:

:

"100A. Where any person claiming to be the proprietor of a trade mark, by circulars, advertisements, or otherwise, threatens any other person with any legal proceedings or liability in respect of any alleged infringement of the trade mark, any person aggrieved thereby may bring an action against him, and may obtain an injunction against the continuance of such threats, and may recover such damages (if any) as he has sustained thereby if the alleged infringement to which the threats related was not in fact an infringement of any legal rights of the person making the threats:

Provided that this section shall not apply if the person making the threats with due diligence commences and prosecutes an action for infringement of his trade mark.

4. Section 113 of the Principal Act is repealed and the following section inserted in its stead:

113.-(1.) No person shall, without the authority of the King, or of some member of the Royal Family, or of the Governor-General, or of the Governor of a State, or of some Department of the Government of the Commonwealth or of a State (proof whereof shall lie upon the person accused), assume or use in connection with any trade, business, calling, or profession the Royal Arms or Arms so nearly resembling the Royal Arms as to be likely to deceive.

* Vol. XCVIII, page 521.

(2.) No person shall, without the authority of the King, or of some member of the Royal Family, or of the GovernorGeneral, or of some Department of the Government of the Commonwealth (proof whereof shall lie upon the person accused), assume or use in connection with any trade, business, calling, or profession the Arms of the Commonwealth or Arms so nearly resembling the Arms of the Commonwealth as to be likely to deceive.

Penalty: 201."

5. After Section 114 of the Principal Act the following section is inserted:

"114A. Where the Governor-General by Proclamation declares any word or mark to be for the purposes of Section 18 of this Act a prohibited word or mark, the Governor-General may, if he thinks fit, by that or any subsequent Proclamation declare that any such word or mark or any word or mark so nearly resembling that word or mark as to be likely to deceive shall not be used or registered as a trade mark or part of a trade mark, either at all or after a date to be specified by the Governor-General, and after the date of the Proclamation, or the date specified in the Proclamation, as the case may be, the word or mark, or any word or mark so nearly resembling the word or mark as to be likely to deceive, shall cease to be used or registered as a trade mark or part of a trade mark."

ACT of the Parliament of the Commonwealth of Australia to make provision for the Acceptance of a Mandate for the Government of certain Territories and Islands in the Pacific Ocean, and to make immediate provision for the Civil Government of the said Territories and Islands, and for other purposes.

[No. 25.]

[Assented to September 30, 1920.] WHEREAS on the 17th day of September, 1914, the territories and islands hereinafter mentioned (then being Possessions of the German Empire) were conquered by and surrendered to the naval and military forces of the Commonwealth;

And whereas by the Treaty of Peace with Germany signed at Versailles on the 28th day of June, 1919,* Germany renounced in favour of the Principal Allied and Associated Powers all her rights and titles over the said territories and islands;

Vol. CXII, page 1.

And whereas the said territories and islands are now occupied by the Commonwealth;

And whereas it has been agreed by the representatives of the Principal Allied and Associated Powers that a Mandate* for the government of the said territories and islands should be conferred on the Commonwealth of Australia;

And whereas under the Covenant of the League of Nations contained in the said Treaty a Mandate is to be issued to the Commonwealth of Australia for the government of the territories and islands formerly constituting German New Guinea (in which expression are included Kaiser Wilhelm's Land, the Bismarck Archipelago, the German Solomon Islands, the Admiralty Group, and all other German. Pacific Possessions south of the Equator other than the German Samoan Islands and the Island of Nauru), with full power to administer the same, subject to the terms of the Mandate, as an integral part of the territory of the Commonwealth;

And whereas it is expedient to make provision for the acceptance of the Mandate so to be issued;

And whereas it is also expedient to make immediate provision for the civil government of the said territories and islands:

Be it therefore enacted by the King's most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:

Preliminary.

1. This Act may be cited as The New Guinea Act, 1920."

2. This Act shall commence on a date to be fixed by Proclamation.

3. In this Act, unless the contrary intention appears"The Territory " means the Territory of New Guinea; "The Administrator" means the Administrator of the Territory; and

Act.

The Minister" means the Minister administering this

The Territory.

4. The territories and islands formerly constituting German New Guinea, as specified in the Preamble to this Act, are hereby declared to be a Territory under the authority of the Commonwealth, by the name of the Territory of New Guinea.

* Mandate made at Geneva, December 17, 1920, see page 1113.

+ Vol. CXII, page 13.

5. The Governor-General is hereby authorised to accept the Mandate for the government of the Territory when issued to the Commonwealth under the Covenant of the League of Nations.

The Administrator.

6. There shall be an Administrator of the Territory, who shall be charged with the duty of administering the government thereof on behalf of the Commonwealth.

7. The Administrator shall be appointed by the GovernorGeneral under the seal of the Commonwealth, and shall until the Parliament otherwise provides hold office during the pleasure of the Governor-General.

8. The Administrator shall exercise and perform all powers and functions that belong to his office according to the tenour of his Commission and according to such instructions as are given to him by the Governor-General.

9.-(1.) The Governor-General may, by Commission under the seal of the Commonwealth, appoint a person to act in the office of Administrator, and to administer the government of the Territory during any vacancy in the office of Administrator, or when the Administrator is absent from the Territory or unable by reasons of illness or incapacity to perform his duties; and such person who so administers shall have and may exercise and perform all the powers and functions of the Administrator.

(2.) In default of such appointment, or in the event of the absence or inability of the person so appointed, the senior officer of the Territory present in the Territory shall have and may exercise and perform all the powers and functions of the Administrator.

10.-(1.) The Governor-General may authorise the Administrator to appoint any person, or any persons jointly or severally, to be the deputy or deputies of the Administrator within any part of the Territory, and in that capacity to exercise during the pleasure of the Administrator such powers and functions of the Administrator as he thinks fit to assign to such deputy or deputies subject to any limitations expressed or directions given by the Governor-General.

(2.) The appointment of a deputy shall not affect the exercise or performance by the Administrator himself of any power or function.

11. The Administrator shall, before entering on the duties of his office, take an oath or affirmation of allegiance in the form in the Schedule to the Constitution, and also an oath or affirmation in the form in the Schedule to this Act.

Officers.

12. The Governor-General may appoint, or may delegate to the Minister or to the Administrator power to appoint such officers as are necessary for the administration of this Act or for the proper government of the Territory.

Laws and Ordinances.

13. Except as provided in this or any Act, the Acts of the Parliament of the Commonwealth shall not be in force in the Territory unless expressed to extend thereto, or unless applied to the Territory by Ordinance made by the Governor-General under this Act.

14.-(1.) Until the Parliament makes other provision for the Government of the Territory, the Governor-General may make Ordinances having the force of law in the Territory. (2.) Every such Ordinance shall

(a.) Be notified in the "Gazette ";

(b.) Take effect from the date of notification, or from a later date to be specified in the Ordinance; and

(c.) Be laid before both Houses of the Parliament within fourteen days of the making thereof, or, if the Parliament is not then sitting, within fourteen days after the next meeting of the Parliament.

(3.) If either House of the Parliament passes a resolution, of which notice has been given at any time within fifteen sitting days after any such Ordinance has been laid before the House, disallowing the Ordinance, the Ordinance shall thereupon cease to have effect.

Guarantees.

15. (1.) The slave trade is prohibited in the Territory. (2.) No forced labour shall be permitted in the Territory. (3.) The traffic in arms and ammunition shall be controlled in the Territory in accordance with the principles contained in the Convention signed at Brussels on the 2nd day of July, 1890,* and known as the General Act of the Brussels Conference, or any Convention amending the same.

(4.) The supply of intoxicating spirits and beverages to the natives of the Territory is prohibited.

(5.) The military training of the natives of the Territory, otherwise than for purposes of internal police and the local defence of the Territory, is prohibited.

(6.) No military or naval base shall be established or fortifications erected in the Territory.

* Vol. LXXXII, page 55.