The use of the mark is regulated under federal law, and its use in any advertising is prohibited unless specific permission is granted (and it never is, particular when used in consumer-facing finance advertising, and certainly not on ad that is natively non-compliant or deceptive).
Let's look at some of the laws relating to usage of the Coat of Arms.
1. Crimes Act 1914 (Cth). Section 73: Prohibits the unauthorized use of the Australian Coat of Arms in a way that suggests a connection to the Australian Government.
2. Trade Marks Act 1995 (Cth). Section 39: States that the Australian Coat of Arms is a protected symbol and cannot be used in trade or commerce without authorisation. Use in advertising is considered a form of trade or commerce.
3. Intellectual Property Laws Amendment Act 2015 (Cth). This amendment strengthens protections for official government symbols, including the Australian Coat of Arms.
4. Copyright Act 1968 (Cth). The Australian Coat of Arms is not covered by copyright but is protected under laws governing national symbols. Misuse could still lead to enforcement under this act in conjunction with other legislation.
5. Australian Government Branding Guidelines. These guidelines clarify appropriate uses of the Australian Coat of Arms and explicitly prohibit its use for commercial purposes, including advertising.
6. Consumer Law. Implying a government endorsement or affiliation is misleading and a breach of Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010, Section 18).
7. Other consumer/financial legislation deals with trickery, deception, false representation, false endorsements or associations, and consumer perception.
Be careful.
