Major Sporting Events (Indicia and Images) Protection Act 2014, Australia, WIPO Lex

Main text(s)

English Major Sporting Events (Indicia and Images) Protection Act 2014

Major Sporting Events (Indicia and Images) Protection Act 2014

Note: An electronic version of this Act is available in ComLaw (http://www.comlaw.gov.au/)

Major Sporting Events (Indicia and

Images) Protection Act 2014

No. 29, 2014

An Act to provide for the regulation of the use for

commercial purposes of indicia and images

associated with certain major sporting events, and

for related purposes

ComLaw Authoritative Act C2014A00029

No. 29, 2014 Major Sporting Events (Indicia and Images) Protection Act 2014 i

Contents

Part 1—Preliminary 2 1 Short title ...........................................................................................2

2 Commencement.................................................................................2

3 Objects of this Act .............................................................................3

4 Simplified outline of this Act ............................................................3

5 Act binds the Crown..........................................................................4

6 Application of Act .............................................................................4

7 Additional operation of Act ...............................................................4

Part 2—Interpretation 6 8 Simplified outline of this Part............................................................6

9 Dictionary..........................................................................................6

10 Interpretation provisions for protected indicia and images ................9

11 When protected indicia and images are applied to goods and

services ..............................................................................................9

12 When protected indicia or images are used for commercial

purposes ..........................................................................................10

13 Presumption relating to advertising or promotion etc......................12

14 Criticism, review and provision of information...............................12

Part 3—Regulation of use of protected indicia and images for

commercial purposes 13

Division 1—Introduction 13

15 Simplified outline of this Part..........................................................13

Division 2—Regulation of use of protected indicia and images

for commercial purposes 15

16 Regulation of use of protected indicia and images for

commercial purposes .......................................................................15

17 Persons involved in contravening section 16...................................16

Division 3—Registration requirements for authorised persons 17

18 Register of authorised persons.........................................................17

19 State/Territory register provisions may apply..................................18

20 Person on register taken to be authorised person.............................18

21 Notifying Secretary and Customs CEO of changes to

registers ...........................................................................................19

Part 4—Importation of goods 20

Division 1—Introduction 20

22 Simplified outline of this Part..........................................................20

ComLaw Authoritative Act C2014A00029

ii Major Sporting Events (Indicia and Images) Protection Act 2014 No. 29, 2014

Division 2—Objection to importation and seizure of goods 22

23 Notice of objection to importation...................................................22

24 Limitation on giving notices of objection to importation ................22

25 Seizure of goods by Customs CEO..................................................23

26 Notice of seizure..............................................................................25

27 Inspection, release etc. of seized goods ...........................................26

Division 3—Forfeiture or release of seized goods 28

28 Consent to forfeiture of seized goods ..............................................28

29 Claim for release of seized goods ....................................................28

30 Seized goods not claimed are forfeited............................................28

31 Late claim for release of seized goods.............................................29

32 Objector to be notified of claim.......................................................29

33 Release of seized goods...................................................................29

34 Forfeiture or release of seized goods—by court following

application for injunction.................................................................31

35 Goods released but not collected are forfeited.................................32

36 Disposal of goods forfeited to the Commonwealth..........................32

37 Power of Customs CEO to retain control of goods..........................33

Division 4—Miscellaneous 34

38 Failure to comply with undertaking etc. ..........................................34

39 Insufficient security .........................................................................34

40 Commonwealth not liable for loss etc. suffered because of

seizure..............................................................................................35

41 Determinations about owners of goods ...........................................35

42 Notice to Customs CEO of imports by official users.......................35

43 Modification in relation to Norfolk Island etc. ................................35

Part 5—Remedies 36 44 Simplified outline of this Part..........................................................36

45 Injunctions.......................................................................................36

46 Interim injunctions...........................................................................37

47 Corrective advertisements ...............................................................38

48 Damages or accounts of profits .......................................................38

49 Consent for authorised persons to pursue remedies .........................39

50 Remedies under this Part are additional...........................................40

Part 6—Groundless threats 41 51 Simplified outline of this Part..........................................................41

52 Groundless threats of legal proceedings ..........................................41

ComLaw Authoritative Act C2014A00029

No. 29, 2014 Major Sporting Events (Indicia and Images) Protection Act 2014 iii

Part 7—Miscellaneous 44 53 Simplified outline of this Part..........................................................44

54 Copyright, design and trade mark rights not affected ......................44

55 Concurrent operation of State and Territory laws............................44

56 Constitutional safety net—acquisition of property ..........................45

57 Implied freedom of political communication...................................46

58 Rules................................................................................................46

Schedule 1—Asian Football Confederation Asian Cup

2015 47 1 AFC Asian Cup 2015 is a major sporting event ..............................47

2 Authorising body for AFC Asian Cup 2015 ....................................47

3 Event bodies for AFC Asian Cup 2015 ...........................................47

4 Protected indicia for AFC Asian Cup 2015 .....................................47

5 When protected indicia and images relate to an event body

for the AFC Asian Cup 2015...........................................................50

6 Protection period for AFC Asian Cup 2015 ....................................50

Schedule 2—Cricket World Cup 2015 51 1 Cricket World Cup 2015 is a major sporting event..........................51

2 Authorising body for Cricket World Cup 2015 ...............................51

3 Event bodies for Cricket World Cup 2015 ......................................51

4 Protected indicia for Cricket World Cup 2015 ................................51

5 When protected indicia and images relate to an event body

for the Cricket World Cup 2015 ......................................................54

6 Protection period for Cricket World Cup 2015................................54

Schedule 3—Gold Coast 2018 Commonwealth Games 55 1 Gold Coast 2018 Commonwealth Games is a major sporting

event ................................................................................................55

2 Authorising body for Gold Coast 2018 Commonwealth

Games..............................................................................................55

3 Event bodies for Gold Coast 2018 Commonwealth Games.............55

4 Protected indicia for Gold Coast 2018 Commonwealth

Games..............................................................................................55

5 When protected indicia relate to an event body for the Gold

Coast 2018 Commonwealth Games.................................................57

6 When protected images relate to an event body for the Gold

Coast 2018 Commonwealth Games.................................................57

7 Protection period for Gold Coast 2018 Commonwealth

Games..............................................................................................58

ComLaw Authoritative Act C2014A00029

iv Major Sporting Events (Indicia and Images) Protection Act 2014 No. 29, 2014

8 Avoiding inconsistency between this Act and the

Commonwealth Games Arrangements Act 2011 (Qld) ....................58

9 Applying register provisions of the Commonwealth Games

Arrangements Act 2011 (Qld)..........................................................58

10 Limitation for actions for damages or account of profits .................58

ComLaw Authoritative Act C2014A00029

No. 29, 2014 Major Sporting Events (Indicia and Images) Protection Act 2014 1

Major Sporting Events (Indicia and

Images) Protection Act 2014

No. 29, 2014

An Act to provide for the regulation of the use for

commercial purposes of indicia and images

associated with certain major sporting events, and

for related purposes

[Assented to 27 May 2014]

The Parliament of Australia enacts:

ComLaw Authoritative Act C2014A00029

Part 1 Preliminary

Section 1

2 Major Sporting Events (Indicia and Images) Protection Act 2014 No. 29, 2014

Part 1—Preliminary

1 Short title

This Act may be cited as the Major Sporting Events (Indicia and

Images) Protection Act 2014.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

Commencement information

Column 1 Column 2 Column 3

Provision(s) Commencement Date/Details

1. Sections 1 and

2 and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent. 27 May 2014

2. Sections 3 to

The later of:

(a) the day after this Act receives the Royal

Assent; and

(b) 1 July 2014.

1 July 2014

3. Schedules 1, 2

and 3

At the same time as the provision(s) covered

by table item 2.

1 July 2014

Note: This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

ComLaw Authoritative Act C2014A00029

Preliminary Part 1

Section 3

No. 29, 2014 Major Sporting Events (Indicia and Images) Protection Act 2014 3

3 Objects of this Act

(1) The objects of this Act are:

(a) to protect and further the position of Australia as a participant

in, and a supporter of, sporting movements of international

significance; and

(b) to assist in protecting the relations, and in ensuring the

performance of the obligations, of Australian governments

and other Australian bodies with, and to, international bodies

responsible for major sporting events associated with those

movements that are held in Australia.

(2) These objects are achieved by facilitating the raising of revenue in

relation to major sporting events through the regulation of the use

for commercial purposes of the indicia and images associated with

those events.

4 Simplified outline of this Act

This Act provides special protection in relation to the use for

commercial purposes of indicia and images connected with certain

major sporting events. The major sporting events are identified in

the Schedules to this Act.

Generally speaking, a person cannot use a major sporting event’s

protected indicia or images for commercial purposes during the

event’s protection period, unless the person is an official user for

the event (as defined in this Act).

A person does not contravene this prohibition if the person is

authorised to use, or is not prevented from using, the indicia or

images for commercial purposes under a provision of a law of a

State or Territory that is prescribed by the rules or specified in the

Schedule to this Act that covers the event.

There must be a register, either under this Act or under a State or

Territory law, that sets out details about authorisations to use

indicia and images for each event. The register must be published

on the internet.

ComLaw Authoritative Act C2014A00029

Part 1 Preliminary

Section 5

4 Major Sporting Events (Indicia and Images) Protection Act 2014 No. 29, 2014

Goods that are imported into Australia that have had a major

sporting event’s protected indicia or images applied to them can be

seized by Customs and forfeited to the Commonwealth if the

designated owner’s use of the indicia or images for commercial

purposes in relation to the goods would contravene the prohibition

in this Act.

There are a number of remedies available to official users for a

major sporting event, such as injunctions, damages or an account

of profits, and corrective advertisements. Some official users need

consent before seeking these remedies.

If an official user makes a groundless threat to make an application

or bring an action under this Act, any person aggrieved may bring

an action in a relevant court seeking a declaration or injunction, or

damages for loss that the person has suffered as a result of the

threat.

5 Act binds the Crown

This Act binds the Crown in each of its capacities.

6 Application of Act

This Act extends to:

(a) Norfolk Island; and

(b) the Territory of Christmas Island; and

7 Additional operation of Act

In addition to its effect apart from this subsection, this Act also has

the effect that it would have if each reference to use for

commercial purposes were a reference to:

(a) use for commercial purposes by:

(i) a corporation to which paragraph 51(xx) of the

Constitution applies; or

(ii) a body corporate incorporated in a Territory; or

ComLaw Authoritative Act C2014A00029

Preliminary Part 1

Section 7

No. 29, 2014 Major Sporting Events (Indicia and Images) Protection Act 2014 5

(b) use for commercial purposes by any person in the course of:

(i) trade or commerce with other countries; or

(ii) trade or commerce among the States; or

(iii) trade or commerce within a Territory, between a State

and a Territory or between the Territories; or

(iv) the supply of goods or services to the Commonwealth, a

Territory, or to an authority or instrumentality of the

Commonwealth or of a Territory; or

of, or in the course of providing, a postal, telegraphic,

telephonic or other like service within the meaning of

paragraph 51(v) of the Constitution; or

(d) use for commercial purposes of:

(i) a trade mark; or

(ii) a design that is registered, or is capable of being

registered, under the Designs Act 2003; or

(iii) an artistic work in which copyright subsists; or

(e) use for commercial purposes by any person that detrimentally

affects the rights conferred by or under this Act on an official

user that is a corporation to which paragraph 51(xx) of the

Constitution applies.

ComLaw Authoritative Act C2014A00029

Part 2 Interpretation

Section 8

6 Major Sporting Events (Indicia and Images) Protection Act 2014 No. 29, 2014

Part 2—Interpretation

8 Simplified outline of this Part

This Part contains the Dictionary and certain other interpretation

provisions.

The Dictionary is a list of every term that is defined in this Act.

Many terms are defined in the Dictionary itself. If another

provision defines the term, the Dictionary has a signpost to that

definition.

Many key terms are defined in relation to a major sporting event by

reference to the Schedule to this Act that covers the event.

9 Dictionary

In this Act:

action period, in relation to particular seized goods, means the

period prescribed by the rules after notice of a claim for release of

the goods is given to the objector under section 32 of this Act.

advertisement means any writing, still or moving picture, sign,

symbol or other visual image, or any audible message, or any

combination of 2 or more of those things, that promotes:

(a) goods or services; or

(b) a person.

An advertisement may:

(d) be in a newspaper or periodical; or

(e) be broadcast on radio or television; or

(f) be placed on a website; or

(g) be in any other form.

applied has a meaning affected by section 11.

ComLaw Authoritative Act C2014A00029

Interpretation Part 2

Section 9

No. 29, 2014 Major Sporting Events (Indicia and Images) Protection Act 2014 7

Australia includes the following external Territories:

(a) Norfolk Island;

(b) the Territory of Christmas Island;

authorised person: see subsection 16(4).

authorising body, for a major sporting event, means the body

specified as the authorising body in the Schedule to this Act that

covers the event.

claim period, in relation to particular seized goods, means the

period prescribed by the rules after notice of seizure of the goods is

given to the designated owner under section 26.

commercial purposes has the meaning given by section 12.

covering: see subsection 11(4).

Customs CEO means the Chief Executive Officer of Customs.

designated owner, in relation to goods imported into Australia,

means:

(a) the person identified as the owner of the goods on the entry

made in relation to the goods under section 68 of the Customs

Act 1901; or

(b) if no such entry exists—the person determined to be the

owner of the goods under section 41 of this Act.

event body, for a major sporting event, means a body specified as

an event body in the Schedule to this Act that covers the event.

expression includes a word or phrase.

infringing goods: see subsection 23(2).

label: see subsection 11(4).

major sporting event means an event that is covered by a Schedule

to this Act.

ComLaw Authoritative Act C2014A00029

Part 2 Interpretation

Section 9

8 Major Sporting Events (Indicia and Images) Protection Act 2014 No. 29, 2014

objector, in relation to seized goods, means any official user for a

major sporting event who has given a notice under section 23 in

respect of those goods that is in force.

official user: each of the following is an official user for a major

sporting event:

(a) the authorising body for the event;

(b) any other event body for the event;

personal information has the same meaning as in the Privacy Act

1988.

promote includes give publicity to.

protected images, of a major sporting event, means any visual or

aural representations that, to a reasonable person, in the

circumstances of the presentation, would suggest a connection with

the event.

protected indicia, of a major sporting event, means the protected

indicia specified in, or prescribed by rules made for the purposes

of, the Schedule to this Act that covers the event.

protected indicia and images, of a major sporting event, means

protected indicia, and protected images, of the event.

protected indicia or images, of a major sporting event, means

protected indicia, or protected images, of the event.

protection period, for a major sporting event, means the protection

period determined in accordance with the Schedule to this Act that

covers the event.

relate: for when protected indicia or images relate to an event body

for a major sporting event, see the Schedule to this Act that covers

the event.

relevant authorisation: see subsection 16(4).

relevant court means:

(a) the Federal Court of Australia; or

ComLaw Authoritative Act C2014A00029

Interpretation Part 2

Section 10

No. 29, 2014 Major Sporting Events (Indicia and Images) Protection Act 2014 9

(b) the Federal Circuit Court of Australia; or

to matters arising under this Act.

rules means rules made under section 58.

seized goods means goods seized under section 25.

supply: see subsection 12(4).

this Act includes the rules.

working day means a day that is not:

(a) a Saturday; or

(b) a Sunday; or

10 Interpretation provisions for protected indicia and images

(1) The use in this Act of the words “indicia” and “images” is not

intended to express a contrary intention for the purposes of

section 23 of the Acts Interpretation Act 1901.

Note: Paragraph 23(b) of the Acts Interpretation Act 1901 provides that

words in the plural include the singular.

(2) For the purposes of this Act, any protected indicia that are

represented in a language other than English are taken to be

protected indicia.

11 When protected indicia and images are applied to goods and

services

(1) Without limitation, protected indicia or images are applied to

goods or services if:

(a) in the case of goods—the indicia or images:

(i) are woven in, impressed on, worked into, or affixed or

annexed to, the goods; or

(ii) are applied to any covering, document, label, reel or

thing in or with which the goods are, or are intended to

be, dealt with or provided in the course of trade; or

ComLaw Authoritative Act C2014A00029

Part 2 Interpretation

Section 12

10 Major Sporting Events (Indicia and Images) Protection Act 2014 No. 29, 2014

(b) in the case of goods or services—the indicia or images:

(i) are used in an advertisement that promotes the goods or

services; or

(ii) are used in an invoice, price list, catalogue, brochure,

business letter, business paper or other commercial

document that relates to the goods or services.

(2) For the purposes of this Act, if:

(a) an advertisement promotes a particular person; and

(b) the person provides goods or services; and

advertisement was designed to enhance the commercial

image of the person mentioned in paragraph (a);

the advertisement is taken to promote those goods or services.

(3) For the purposes of Parts 4 and 5, protected indicia or images are

applied to goods by a person if:

(a) the goods are imported into Australia for the purpose of sale

or distribution by the person; and

(b) when imported, the goods have already had the indicia or

images applied to them.

(4) In this Act:

covering includes packaging, frame, wrapper, container, stopper,

lid or cap.

label includes a band or ticket.

12 When protected indicia or images are used for commercial

purposes

(1) A person (the user) uses a major sporting event’s protected indicia

or images for commercial purposes if:

(a) the user causes the event’s protected indicia or images to be

applied to the user’s goods or services; and

(b) the application is for the primary purpose of advertising or

promoting, or enhancing the demand for, the goods or

services; and

ComLaw Authoritative Act C2014A00029

Interpretation Part 2

Section 12

No. 29, 2014 Major Sporting Events (Indicia and Images) Protection Act 2014 11

the user is or was a sponsor of, or is or was the provider of

other support for:

(i) the major sporting event; or

(ii) any other event arranged by an event body for the major

sporting event in connection with the major sporting

event.

Note: This rule is affected by sections 13 (presumption relating to

advertising etc.) and 14 (criticism, review and provision of

information).

(2) A person (the secondary user) also uses a major sporting event’s

protected indicia or images for commercial purposes if:

(a) another person has used the event’s protected indicia or

images for commercial purposes as described in

subsection (1) in relation to goods or services; and

(b) the other person is not an official user for the event; and

(i) for goods or services—the secondary user supplies, or

offers to supply, the goods or services;

(ii) for goods—the secondary user exposes the goods for

supply by the secondary user;

(iii) for goods—the secondary user keeps the goods for

supply by the secondary user or by another person.

Note: This rule is affected by sections 13 (presumption relating to

advertising etc.) and 14 (criticism, review and provision of

information).

(3) Subsection (2) does not apply for the purposes of sections 23

(notice of objection to importation of goods) and 25 (seizure of

goods by Customs CEO).

(4) In this Act:

supply includes:

(a) in the case of goods—supply (including resupply) by way of

sale, exchange, lease, hire or hire-purchase; and

(b) in the case of services—provide, grant or confer.

ComLaw Authoritative Act C2014A00029

Part 2 Interpretation

Section 13

12 Major Sporting Events (Indicia and Images) Protection Act 2014 No. 29, 2014

13 Presumption relating to advertising or promotion etc.

The application of protected indicia or images by a person for the

primary purpose of advertising or promoting, or enhancing the

demand for, the goods or services, is prima facie sufficient to

suggest the existence of a sponsorship arrangement, or the

provision of other support, for the purposes of paragraph 12(1)(c).

14 Criticism, review and provision of information

Doing any of the following is not alone sufficient to suggest the

existence of a sponsorship arrangement, or the provision of other

support, for the purposes of paragraph 12(1)(c):

(a) using protected indicia or images for the primary purpose of

criticism or review;

(b) using protected indicia or images for the primary purpose of

providing information, including through reporting news and

presenting current affairs.

ComLaw Authoritative Act C2014A00029

Regulation of use of protected indicia and images for commercial purposes Part 3

Introduction Division 1

Section 15

No. 29, 2014 Major Sporting Events (Indicia and Images) Protection Act 2014 13

Part 3—Regulation of use of protected indicia and

images for commercial purposes

Division 1—Introduction

15 Simplified outline of this Part

Generally speaking, a person cannot use a major sporting event’s

protected indicia or images for commercial purposes during the

event’s protection period, unless the person is an official user for

the event (that is, either an event body or an authorised person for

the event).

Event bodies can use the event’s protected indicia or images for

commercial purposes during the protection period if the indicia or

images relate to the body.

Authorised persons can use the event’s protected indicia or images

for commercial purposes during the protection period if the use of

the indicia or images is in accordance with the relevant

authorisation given by the event body to which the indicia or

images relate (or by a person on behalf of, or as authorised by, that

event body).

A person does not contravene the prohibition in this Act against

using a major sporting event’s protected indicia or images for

commercial purposes if the person is authorised to use, or is not

prevented from using, the indicia or images for commercial

purposes under a provision of a law of a State or Territory that is

prescribed by the rules or specified in the Schedule to this Act that

covers the event.

An authorising body for a major sporting event must establish and

maintain a register, either under this Act or under a State or

Territory law, that sets out details about relevant authorisations

given to authorised persons for the event. The register must be

published on the internet.

ComLaw Authoritative Act C2014A00029

Part 3 Regulation of use of protected indicia and images for commercial purposes

Division 1 Introduction

Section 15

14 Major Sporting Events (Indicia and Images) Protection Act 2014 No. 29, 2014

Use by a person of protected indicia or images is taken to be use by

an authorised person that is covered by a relevant authorisation if

details of an authorisation in relation to the indicia or images are

included on the relevant register in relation to the person.

The authorising body must notify the Secretary of the Department

and the Customs CEO of changes to the register.

ComLaw Authoritative Act C2014A00029

Regulation of use of protected indicia and images for commercial purposes Part 3

Regulation of use of protected indicia and images for commercial purposes Division 2

Section 16

No. 29, 2014 Major Sporting Events (Indicia and Images) Protection Act 2014 15

Division 2—Regulation of use of protected indicia and

images for commercial purposes

16 Regulation of use of protected indicia and images for commercial

purposes

Person must not use protected indicia or images unless authorised

(1) A person must not use a major sporting event’s protected indicia or

images for commercial purposes during the event’s protection

period, except as provided by subsection (2) or (3).

Note: There may be an exception under subsection (5) if the person is

authorised to use, or is not prevented from using, the indicia or images

for commercial purposes under certain State or Territory laws.

(2) An event body for a major sporting event may use any of the

event’s protected indicia and images that relate to the event body

for commercial purposes during the event’s protection period.

Note: For when protected indicia and images relate to an event body for a

major sporting event, see the Schedule to this Act that covers the

event.

Authorisation for authorised persons

(3) An authorised person for a major sporting event may use, in

accordance with the relevant authorisation, any of the event’s

protected indicia and images for commercial purposes during the

event’s protection period.

Meaning of authorised person

(4) A person is an authorised person for a major sporting event if the

person has written authorisation (the relevant authorisation) from

either of the following to use any or all of the event’s protected

indicia or images for commercial purposes:

(a) an event body to which the protected indicia or images relate;

(b) another person on behalf of, or as authorised by, such an

event body.

ComLaw Authoritative Act C2014A00029

Part 3 Regulation of use of protected indicia and images for commercial purposes

Division 2 Regulation of use of protected indicia and images for commercial purposes

Section 17

16 Major Sporting Events (Indicia and Images) Protection Act 2014 No. 29, 2014

Note 1: For when protected indicia or images relate to an event body for a

major sporting event, see the Schedule to this Act that covers the

event.

Note 2: An event body may also be an authorised person for the event if the

event body has a relevant authorisation in relation to particular

protected indicia or images.

Exception—authorisation etc. under State/Territory law

(5) Despite subsection (1), a person who uses a major sporting event’s

protected indicia or images for commercial purposes does not

contravene this section if the person is authorised to use, or is not

prevented from using, the indicia or images for commercial

purposes under a provision of a law of a State or Territory that is:

(a) specified in the Schedule to this Act that covers the event; or

(b) prescribed by the rules in relation to the event.

Indicia that closely resemble protected indicia

(6) For the purposes of subsection (1), the use of an indicium that so

closely resembles a protected indicium for a major sporting event

that a reasonable person is likely to mistake it for the protected

indicium is taken to be the use of that protected indicium.

17 Persons involved in contravening section 16

For the purposes of this Act, a person is taken to have contravened

section 16 if:

(a) the person has attempted to contravene section 16; or

(b) the person has aided, abetted, counselled or procured a

person to contravene section 16; or

whether by threats or promises or otherwise, to contravene

section 16; or

(d) the person has been in any way, directly or indirectly,

knowingly concerned in, or party to, the contravention by a

person of section 16; or

(e) the person has conspired with others to contravene

section 16.

ComLaw Authoritative Act C2014A00029

Regulation of use of protected indicia and images for commercial purposes Part 3

Registration requirements for authorised persons Division 3

Section 18

No. 29, 2014 Major Sporting Events (Indicia and Images) Protection Act 2014 17

Division 3—Registration requirements for authorised

persons

18 Register of authorised persons

Register of authorised persons

(1) The authorising body for a major sporting event must establish and

maintain a register of authorised persons for the event.

Note: Section 19 (State/Territory registers) provides an exception to the

requirements in this section.

Details to be included in register

(2) The authorising body must include in the register the following

details for each relevant authorisation given to an authorised

person for the event:

(a) the name and principal place of business of the authorised

person;

(b) the protected indicia or images for the event that are covered

by the authorisation;

authorised to use those indicia or images for commercial

purposes;

(d) if the authorisation is to use the indicia or images only during

a specified period—that period;

(e) the date on which the details are included;

(f) any other matter prescribed by the rules.

(3) If a relevant authorisation ceases to be in force for an authorised

person, the authorising body for the event must update the register

to include the date of effect of that cessation.

Publishing the register

(4) The authorising body must publish the register (including as

updated under subsection (3)) on the authorising body’s website

and in any other manner prescribed by the rules.

ComLaw Authoritative Act C2014A00029

Part 3 Regulation of use of protected indicia and images for commercial purposes

Division 3 Registration requirements for authorised persons

Section 19

18 Major Sporting Events (Indicia and Images) Protection Act 2014 No. 29, 2014

Giving information to authorising bodies

(5) If a person other than an authorising body has given a relevant

authorisation as mentioned in subsection 16(4), that person must

give the authorising body sufficient information to allow the

authorising body to comply with this section.

19 State/Territory register provisions may apply

(1) Section 18 does not apply in relation to a relevant authorisation for

a major sporting event if:

(a) the Schedule to this Act that covers the event specifies, or the

rules prescribe in relation to the event, a provision of a law of

a State or Territory that establishes a register (the

State/Territory register) relating to authorisations to use

expressions or images in relation to the event; and

(b) the State/Territory register contains information about the

relevant authorisation.

(2) Before making rules for the purposes of paragraph (1)(a) in relation

to a major sporting event, the Minister must be satisfied that:

(a) substantially the same details in relation to authorisations to

use expressions or images in relation to the event are required

to be included in the State/Territory register as would

otherwise be required to be included under subsections 18(2)

and (3) of this Act; and

(b) the State/Territory register is required to be published on the

internet.

20 Person on register taken to be authorised person

(1) If details about an authorisation given to a person are included in

the register referred to in section 18, or the State/Territory register

referred to in section 19:

(a) the person is taken to be an authorised person for the major

sporting event concerned; and

(b) the use for commercial purposes of any protected indicia or

images referred to in the register in relation to the

ComLaw Authoritative Act C2014A00029

Regulation of use of protected indicia and images for commercial purposes Part 3

Registration requirements for authorised persons Division 3

Section 21

No. 29, 2014 Major Sporting Events (Indicia and Images) Protection Act 2014 19

authorisation or the person is taken to be covered by a

relevant authorisation given to the authorised person.

(2) However, if the register specifies circumstances in which, or a

period during which, the person is authorised to use protected

indicia or images, then the relevant authorisation referred to in

paragraph (1)(b) is taken only to cover the use of the indicia or

images in those circumstances or during that period.

Note: The effect of this section is that a person can rely on the details

included in the register when working out whether another person is

an authorised person for the purposes of other provisions of this Act,

including:

(a) paragraph 12(2)(b) (secondary use of protected indicia or images for commercial purposes); and

(b) Part 4 (importation of goods).

21 Notifying Secretary and Customs CEO of changes to registers

The authorising body must give the Secretary of the Department

and the Customs CEO written notice of any change to the register

referred to in section 18, or the State/Territory register referred to

in section 19, as soon as practicable after the change is made.

ComLaw Authoritative Act C2014A00029

Part 4 Importation of goods

Division 1 Introduction

Section 22

20 Major Sporting Events (Indicia and Images) Protection Act 2014 No. 29, 2014

Part 4—Importation of goods

Division 1—Introduction

22 Simplified outline of this Part

An official user for a major sporting event (the objector) can give

the Customs CEO a notice objecting to the importation of

infringing goods in relation to the event.

Generally, the Customs CEO must seize any infringing goods

imported after the objection notice is given. The Customs CEO

may decide not to seize goods if one or more objectors have not

given a written undertaking, or security, to cover the

Commonwealth’s likely expenses if the goods were seized. The

Customs CEO may permit objectors to inspect seized goods.

The Customs CEO must notify the designated owner if goods are

seized. The designated owner may either consent to the forfeiture

of the goods to the Commonwealth, or make a claim for release of

the goods. If a claim is not made during the claim period, the goods

are forfeited to the Commonwealth.

If a claim is made during the claim period, the Customs CEO must

notify each objector. An objector must apply for an injunction

under section 45 before the end of the action period, otherwise the

Customs CEO must release the goods to the designated owner.

If an application for an injunction is made, the court may:

(a) order the release of the goods; or

(b) order that the goods be forfeited to the Commonwealth.

If the court orders the release of the goods, the court may also

order that compensation be paid to the designated owner.

The Customs CEO must release the goods if no order of the court

is in force within 20 working days after the application is made, or

at any time if each objector consents.

ComLaw Authoritative Act C2014A00029

Importation of goods Part 4

Introduction Division 1

Section 22

No. 29, 2014 Major Sporting Events (Indicia and Images) Protection Act 2014 21

The Customs CEO may also release seized goods at any time if

satisfied that there are no reasonable grounds for believing that the

designated owner’s use of the indicia or images for commercial

purposes in relation to the goods would contravene section 16 and

no objector has made an application for an injunction.

However, the Customs CEO may retain control of goods if

required or allowed under any other Commonwealth law.

An official user must notify the Customs CEO if the official user is

importing goods that have any of the event’s protected indicia or

images applied to them.

ComLaw Authoritative Act C2014A00029

Part 4 Importation of goods

Division 2 Objection to importation and seizure of goods

Section 23

22 Major Sporting Events (Indicia and Images) Protection Act 2014 No. 29, 2014

Division 2—Objection to importation and seizure of goods

23 Notice of objection to importation

(1) An official user for a major sporting event may give the Customs

CEO a written notice objecting to the importation, after the date of

the notice, of infringing goods.

(2) Goods are infringing goods if a major sporting event’s protected

indicia or images have been applied to them, which the designated

owner of the goods is not authorised by this Act to use for

commercial purposes in relation to the goods.

Note: Subsection 12(3) limits when indicia or images are used for

commercial purposes for the purposes of this section.

(3) The notice must be accompanied by any fee or document

prescribed by the rules.

(4) A notice may be revoked at any time by written notice given to the

Customs CEO by the objector.

(5) A notice ceases to be in force at the earliest of the following times:

(a) when the notice is revoked;

(b) at the end of the major sporting event’s protection period;

protected indicia or images covered by the relevant

authority—at the end of the period during which the person is

authorised to use the protected indicia or images.

24 Limitation on giving notices of objection to importation

(1) A person may only give a notice under section 23 in relation to a

major sporting event’s protected indicia or images if:

(a) the person is an event body for the event and the protected

indicia or images relate to the event body; or

(b) the person is an authorised person for the event and the

protected indicia or images are covered by the relevant

authorisation.

ComLaw Authoritative Act C2014A00029

Importation of goods Part 4

Objection to importation and seizure of goods Division 2

Section 25

No. 29, 2014 Major Sporting Events (Indicia and Images) Protection Act 2014 23

Note 1: For when protected indicia or images relate to an event body for a

major sporting event, see the Schedule to this Act that covers the

event.

Note 2: An event body may also be an authorised person for the event if the

event body has a relevant authorisation in relation to particular

protected indicia or images.

Authorised persons require consent

(2) An authorised person for a major sporting event may not give a

notice under section 23 in relation to protected indicia or images

covered by a relevant authorisation except with the written consent

of the person (the authoriser) who gave the authorisation.

Note: See also subsection 49(4) (consent not required in order to apply for

injunction relating to conduct involving seized goods).

(3) The authoriser is taken to have given the consent if:

(a) the authorised person gives the authoriser a written request

for the consent; and

(b) the authoriser neither gives nor refuses that consent before

the end of the third working day following the day on which

the request was given.

(4) Consent under subsection (2) must not be unreasonably refused.

25 Seizure of goods by Customs CEO

Customs CEO must seize goods

(1) The Customs CEO must seize goods that are subject to the control

of the Customs (within the meaning of the Customs Act 1901) if:

(a) the goods were manufactured outside Australia and imported

into Australia; and

(b) it appears to the Customs CEO that the goods are infringing

goods in relation to a major sporting event; and

importation that relates to the goods; and

(d) the Customs CEO does not make a decision under

subsection (2) or (3) in relation to the goods.

ComLaw Authoritative Act C2014A00029

Part 4 Importation of goods

Division 2 Objection to importation and seizure of goods

Section 25

24 Major Sporting Events (Indicia and Images) Protection Act 2014 No. 29, 2014

Note: Subsection 12(3) limits when indicia or images are used for

commercial purposes for the purposes of this section.

When Customs CEO is not required to seize goods

(2) The Customs CEO may decide not to seize the goods if he or she is

satisfied that there are no reasonable grounds for believing that

section 16 of this Act would be contravened by the designated

owner’s use of the indicia or images for commercial purposes in

relation to the goods.

(3) The Customs CEO may decide not to seize the goods if:

(a) the objector (or one or more of the objectors) has not given

the Customs CEO a written undertaking acceptable to the

Customs CEO to repay to the Commonwealth the expenses

(the seizure expenses) that may be incurred by the

Commonwealth if the goods were seized; or

(b) if the Customs CEO has required security to be given as

mentioned in subsection (4)—the objector (or one or more of

the objectors) does not give the security.

(4) The Customs CEO may require security to be given, instead of an

undertaking mentioned in paragraph (3)(a), in an amount that the

Customs CEO considers sufficient to repay the seizure expenses if:

(a) an amount payable under an undertaking given under

paragraph (3)(a) by the objector (or one or more of the

objectors) in relation to other goods has not been paid in

accordance with that undertaking; and

(b) the Customs CEO considers it reasonable in all the

circumstances to require the security.

(5) An undertaking may be withdrawn or varied if the Customs CEO

consents in writing to a written request from the objector or

objectors to do so.

Seized goods must be kept securely

(6) Goods seized under this section must be kept in a secure place as

directed by the Customs CEO.

ComLaw Authoritative Act C2014A00029

Importation of goods Part 4

Objection to importation and seizure of goods Division 2

Section 26

No. 29, 2014 Major Sporting Events (Indicia and Images) Protection Act 2014 25

26 Notice of seizure

(1) As soon as practicable after goods are seized under section 25, the

Customs CEO must give the designated owner and each objector a

written notice (the seizure notice) identifying the goods and stating

that the identified goods have been seized.

(2) The seizure notice must state that the goods will be released to the

designated owner if:

(a) the designated owner makes a claim for the release of the

goods within the claim period; and

(b) no objector has, by the end of the action period:

(i) applied for an injunction under section 45 in relation to

the goods; and

(ii) given the Customs CEO written notice of that

application.

(3) The seizure notice must also:

(a) set out the claim period for the goods; and

(b) set out the action period for the goods and state that the

action period will begin only if the designated owner makes a

claim for the release of the goods; and

address of the place of business or residence of the

designated owner (if known); and

(d) if the notice is given to the designated owner—state the name

and the address of the place of business or residence of:

(i) each objector; or

(ii) if an objector has nominated a person to be the

objector’s agent or representative for the purposes of

this Part—that person.

(4) The Customs CEO may, at any time after the goods are seized,

give to an objector:

(a) the name and the address of the place of business or

residence of any person or body (whether in or outside

Australia) that made arrangements, on behalf of the

designated owner of the goods, for the goods to be brought to

Australia or any information that the Customs CEO has, and

ComLaw Authoritative Act C2014A00029

Part 4 Importation of goods

Division 2 Objection to importation and seizure of goods

Section 27

26 Major Sporting Events (Indicia and Images) Protection Act 2014 No. 29, 2014

believes on reasonable grounds may help in identifying and

locating, such a person or body; and

(b) any information (including personal information) that the

Customs CEO has and believes on reasonable grounds may

be relevant for the purpose of identifying and locating the

importer of the goods; and

Customs CEO has and believes on reasonable grounds may

be relevant for the purpose of identifying and locating the

designated owner of the goods.

27 Inspection, release etc. of seized goods

(1) The Customs CEO may permit an objector or the designated owner

to inspect seized goods.

(2) If an objector gives the Customs CEO the requisite undertakings,

the Customs CEO may permit the objector to remove one or more

samples of the seized goods from the custody of the Customs CEO

for inspection by the objector.

(3) If the designated owner gives the Customs CEO the requisite

undertakings, the Customs CEO may permit the designated owner

to remove one or more samples of the seized goods from the

custody of the Customs CEO for inspection by the designated

owner.

(4) The requisite undertakings are undertakings in writing that the

person giving the undertaking will:

(a) return the sample goods to the Customs CEO at a specified

time that is satisfactory to the Customs CEO; and

(b) take reasonable care to prevent damage to the sample goods.

(5) If the Customs CEO permits inspection of the seized goods, or the

removal of sample goods, by an objector in accordance with this

section, the Commonwealth is not liable to the designated owner

for any loss or damage suffered by the designated owner arising

out of:

(a) damage to any of the seized goods incurred during that

inspection; or

ComLaw Authoritative Act C2014A00029

Importation of goods Part 4

Objection to importation and seizure of goods Division 2

Section 27

No. 29, 2014 Major Sporting Events (Indicia and Images) Protection Act 2014 27

(b) anything done by the objector or any other person to, or in

relation to, sample goods removed from the custody of the

Customs CEO or any use made by the objector of such

sample goods.

ComLaw Authoritative Act C2014A00029

Part 4 Importation of goods

Division 3 Forfeiture or release of seized goods

Section 28

28 Major Sporting Events (Indicia and Images) Protection Act 2014 No. 29, 2014

Division 3—Forfeiture or release of seized goods

28 Consent to forfeiture of seized goods

Seized goods are forfeited to the Commonwealth if:

(a) the designated owner of the goods consents to the forfeiture

of the goods by written notice given to the Customs CEO;

and

(b) no objector has applied for an injunction under section 45 in

relation to the goods before the consent is given.

29 Claim for release of seized goods

(1) The designated owner may make a claim to the Customs CEO for

the release of seized goods.

(2) The claim must be made before the end of the claim period for the

goods.

(3) The claim must:

(a) be in the form (if any) prescribed by the rules; and

(b) include the information prescribed by the rules.

Note: Sections 137.1 and 137.2 of the Criminal Code create offences for

providing false or misleading information or documents.

30 Seized goods not claimed are forfeited

(1) Seized goods are forfeited to the Commonwealth if a claim for the

release of the goods is not made within the claim period for the

goods.

(2) However, if the Customs CEO allows a late claim for release of the

goods (see section 31), the goods are taken not to have been

forfeited.

ComLaw Authoritative Act C2014A00029

Importation of goods Part 4

Forfeiture or release of seized goods Division 3

Section 31

No. 29, 2014 Major Sporting Events (Indicia and Images) Protection Act 2014 29

31 Late claim for release of seized goods

(1) The Customs CEO may allow the designated owner to make a

claim (the late claim) to the Customs CEO for the release of seized

goods after the end of the claim period for the goods.

(2) The Customs CEO may allow the late claim only if:

(a) no objector has applied for an injunction under section 45 in

relation to the goods; and

(b) the Customs CEO considers it reasonable in the

circumstances; and

(3) An application may be made to the Administrative Appeals

Tribunal for the review of a decision of the Customs CEO under

subsection (1) refusing to allow a late claim for the release of

seized goods.

32 Objector to be notified of claim

(1) If the designated owner makes a claim for the release of seized

goods, the Customs CEO must, as soon as practicable, give notice

of the claim to each objector.

(2) The notice:

(a) must be in writing; and

(b) may include any information that the Customs CEO has, and

reasonably believes may be relevant, for the purpose of

identifying and locating either or both of the following:

(i) the importer of the goods;

(ii) any other person or body (whether in or outside

Australia) that made arrangements for the goods to be

brought to Australia.

33 Release of seized goods

(1) The Customs CEO must release seized goods to the designated

owner if:

ComLaw Authoritative Act C2014A00029

Part 4 Importation of goods

Division 3 Forfeiture or release of seized goods

Section 33

30 Major Sporting Events (Indicia and Images) Protection Act 2014 No. 29, 2014

(a) each objector gives written notice to the Customs CEO

stating that the objector consents to the release of the seized

goods; and

(b) the goods have not been disposed of under section 36.

(2) The Customs CEO may release seized goods to the designated

owner at any time if:

(a) the Customs CEO, having regard to information that has

come to his or her knowledge after the goods were seized, is

satisfied that there are no reasonable grounds for believing

that section 16 of this Act would be contravened by the

designated owner’s use of the protected indicia or images for

commercial purposes in relation to the goods; and

(b) no objector has applied for an injunction under section 45 in

relation to the goods.

(3) The Customs CEO must release seized goods to the designated

owner if:

(a) the designated owner has made a claim for the release of the

goods; and

(b) no objector has, by the end of the action period:

(i) applied for an injunction under section 45 in relation to

the goods; and

(ii) given the Customs CEO written notice of that

application.

(4) The Customs CEO must release seized goods to the designated

owner if:

(a) the designated owner has made a claim for the release of the

goods; and

(b) an objector has applied for an injunction under section 45 in

relation to the goods; and

day the application was made, there is not in force an order of

the court to which the application was made preventing the

release of the goods.

Note: Section 37 (power of Customs CEO to retain control of goods)

provides an exception to the rules in this section.

ComLaw Authoritative Act C2014A00029

Importation of goods Part 4

Forfeiture or release of seized goods Division 3

Section 34

No. 29, 2014 Major Sporting Events (Indicia and Images) Protection Act 2014 31

34 Forfeiture or release of seized goods—by court following

application for injunction

(1) If an objector in relation to seized goods applies for an injunction

under section 45, the court may:

(a) at any time, if it thinks it just, order that the seized goods be

released to the designated owner subject to such conditions

(if any) as the court thinks fit; or

(b) order that the seized goods be forfeited to the

Commonwealth.

(2) The court may order the objector to pay compensation to the

designated owner or any other respondent if:

(a) the court decides that the injunction should not be granted;

and

(b) the designated owner or the respondent satisfies the court that

he or she has suffered loss or damage because the goods were

seized.

(3) The amount of compensation determined by the court must

compensate the owner or respondent for any part of the loss or

damage that is attributable to any period beginning on or after the

day on which the application was made.

(4) If the court orders that the goods be released, the Customs CEO

must comply with the order.

Note: Section 37 (power of Customs CEO to retain control of goods)

provides an exception to the rule in this subsection.

(5) In hearing the application, the court:

(a) may allow another person to join the application as a

respondent if:

(i) the person applies to be joined; and

(ii) the person has sufficient interest in the subject-matter of

the application; and

(b) must allow the Customs CEO to appear and be heard.

(6) Subsection (1) applies in addition to any relief that the court may

grant apart from this section.

ComLaw Authoritative Act C2014A00029

Part 4 Importation of goods

Division 3 Forfeiture or release of seized goods

Section 35

32 Major Sporting Events (Indicia and Images) Protection Act 2014 No. 29, 2014

35 Goods released but not collected are forfeited

Seized goods are forfeited to the Commonwealth if:

(a) the goods are released by the Customs CEO to the designated

owner; and

(b) the designated owner does not take possession of the goods

within 90 days of the release.

36 Disposal of goods forfeited to the Commonwealth

(1) Seized goods forfeited to the Commonwealth must be disposed of:

(a) in the manner prescribed by the rules; or

(b) if no manner of disposal is prescribed—as the Customs CEO

directs.

Note: Section 37 (power of Customs CEO to retain control of goods)

provides an exception to the rule in this subsection.

(2) However, goods forfeited under section 30 must not be disposed of

until 30 days after their forfeiture.

Note: If the Customs CEO allows a late claim under section 31 for goods

that have been forfeited under section 30, the goods are taken not to

have been forfeited.

(3) Subsection (1) does not require the disposal of goods that are

required in relation to an application made, or an action brought,

under Part 5.

Right of compensation in certain circumstances

(4) Despite the forfeiture of seized goods to the Commonwealth, a

person may apply to a relevant court under this section for

compensation for the disposal of the goods.

(5) A right to compensation exists if:

(a) the use by the person of the protected indicia or images

applied to the goods for commercial purposes would not have

contravened section 16; and

(b) the person establishes, to the satisfaction of the court:

(i) that he or she was the owner of the goods immediately

before they were forfeited; and

ComLaw Authoritative Act C2014A00029

Importation of goods Part 4

Forfeiture or release of seized goods Division 3

Section 37

No. 29, 2014 Major Sporting Events (Indicia and Images) Protection Act 2014 33

(ii) that there were circumstances providing a reasonable

excuse for the failure to make a claim for the release of

the goods.

(6) If a right to compensation exists under subsection (4), the court

must order the payment by the Commonwealth to the person of an

amount equal to the market value of the goods at the time of their

disposal.

37 Power of Customs CEO to retain control of goods

Despite this Part, the Customs CEO:

(a) must not release, or dispose of, any seized goods; and

(b) must not take any action in relation to the goods to give

effect to any order of a court under section 34;

if the Customs CEO is required or allowed to retain control of the

goods under any other law of the Commonwealth.

ComLaw Authoritative Act C2014A00029

Part 4 Importation of goods

Division 4 Miscellaneous

Section 38

34 Major Sporting Events (Indicia and Images) Protection Act 2014 No. 29, 2014

Division 4—Miscellaneous

38 Failure to comply with undertaking etc.

(1) If an amount payable under an undertaking in relation to goods

covered by a notice given under section 23 is not paid in

accordance with the undertaking, the Customs CEO may decide

not to seize goods covered by the notice until the amount owing is

paid.

(2) An amount not paid under an undertaking:

(a) is a debt due by the objector, or by the objectors jointly or

each of them separately, to the Commonwealth; and

(b) may be recovered by an action taken in a relevant court.

(3) If the amount paid under an undertaking in relation to goods

covered by a notice given under section 23 is in accordance with

the undertaking but is not sufficient to meet the expenses incurred

by the Commonwealth as a result of the action taken by the

Customs CEO under this Part because of the notice, the amount of

the difference between those expenses and the amount paid:

(a) is a debt due by the objector, or by the objectors jointly or

each of them separately, to the Commonwealth; and

(b) may be recovered by an action taken in a relevant court.

39 Insufficient security

(1) This section applies if the security given by an objector or

objectors as required under subsection 25(4) is not sufficient to

meet the expenses incurred by the Commonwealth as a result of the

action taken by the Customs CEO under this Part because of the

notice given by the objector or objectors.

(2) The amount of the difference between those expenses and the

amount of security given:

(a) is a debt due by the objector, or by the objectors jointly and

severally, to the Commonwealth; and

(b) may be recovered by action in a relevant court.

ComLaw Authoritative Act C2014A00029

Importation of goods Part 4

Miscellaneous Division 4

Section 40

No. 29, 2014 Major Sporting Events (Indicia and Images) Protection Act 2014 35

40 Commonwealth not liable for loss etc. suffered because of seizure

The Commonwealth is not liable for any loss or damage suffered

by a person:

(a) because the Customs CEO seized, or failed to seize, goods

under this Part; or

(b) because of the release or disposal of any seized goods.

41 Determinations about owners of goods

The Customs CEO or an officer of Customs (within the meaning of

subsection 4(1) of the Customs Act 1901) may determine that a

person is the owner of goods for the purposes of paragraph (b) of

the definition of designated owner in section 9 of this Act if the

person is an owner (within the meaning of subsection 4(1) of the

Customs Act 1901) of the goods.

42 Notice to Customs CEO of imports by official users

(1) If:

(a) goods are to be imported by or for an official user for a major

sporting event during the event’s protection period; and

(b) any of the event’s protected indicia or images have been

applied to the goods;

the official user must give the Customs CEO a written notice

specifying the indicia or images so applied.

(2) The notice must set out particulars sufficient to enable the Customs

CEO to identify the goods.

43 Modification in relation to Norfolk Island etc.

The rules may provide for the modification or adaptation of this

Part in its application to any or all of the following:

(a) Norfolk Island;

(b) the Territory of Christmas Island;

ComLaw Authoritative Act C2014A00029

Part 5 Remedies

Section 44

36 Major Sporting Events (Indicia and Images) Protection Act 2014 No. 29, 2014

Part 5—Remedies

44 Simplified outline of this Part

If section 16 is contravened in relation to a major sporting event,

official users have the following remedies:

(a) injunctions;

(b) damages or an account of profits.

An authorised person may only seek a remedy with the consent of

the person who gave the relevant authorisation.

The authorising body for the event may apply for an order

requiring a person to publish a corrective advertisement.

Generally, the remedies under this Part are in addition to remedies

available under other Commonwealth, State and Territory laws.

However, if an official user has brought an action for damages or

an account of profits under certain State or Territory laws, the

official user may be prevented from bringing or continuing such an

action under this Act.

45 Injunctions

(1) If a person has engaged, is engaging, or is proposing to engage, in

conduct that contravenes section 16, a relevant court may grant an

injunction restraining the person from engaging in the conduct.

(2) The power of the court to grant an injunction may be exercised:

(a) whether or not it appears to the court that the person intends

to engage again, or to continue to engage, in conduct of that

kind; and

(b) whether or not the person has previously engaged in conduct

of that kind.

ComLaw Authoritative Act C2014A00029

Remedies Part 5

Section 46

No. 29, 2014 Major Sporting Events (Indicia and Images) Protection Act 2014 37

(3) An injunction under this section may only be granted on the

application of an official user for the major sporting event

concerned.

(4) An official user for a major sporting event may only apply for an

injunction under this section in relation to the event’s protected

indicia or images if:

(a) the official user is an event body for the event and the

protected indicia or images relate to the event body; or

(b) the official user is an authorised person for the event and the

protected indicia or images are covered by the relevant

authorisation.

Note 1: For when protected indicia or images relate to an event body for a

major sporting event, see the Schedule to this Act that covers the

event.

Note 2: An event body may also be an authorised person for the event if the

event body has a relevant authorisation in relation to particular

protected indicia or images.

(5) The court may discharge or vary an injunction granted under this

section.

(6) The powers conferred on the court by this section are in addition

to, and not in derogation of, any other powers of the court, whether

conferred by this Act or otherwise.

(7) For the purposes of subsection (4), if an indicium so closely

resembles the protected indicium referred to in that subsection that

a reasonable person is likely to mistake it for that protected

indicium, the indicium is taken to be the protected indicium.

46 Interim injunctions

(1) A relevant court may grant an interim injunction pending the

determination of an application under section 45.

(2) For the purposes of subsection (1) of this section, a contravention

of section 16 is to be taken to have caused immediate and

irreparable damage to the applicant.

ComLaw Authoritative Act C2014A00029

Part 5 Remedies

Section 47

38 Major Sporting Events (Indicia and Images) Protection Act 2014 No. 29, 2014

47 Corrective advertisements

(1) The authorising body for a major sporting event may, during the

event’s protection period, apply to a relevant court for an order

requiring a person to publish a corrective advertisement at the

person’s expense.

(2) The court may make the order if the court is satisfied that the

person has engaged in conduct contravening section 16 in relation

to the event.

(3) The order must:

(a) specify the means (including a broadcast) by which the

person must publish the advertisement; and

(b) specify the times at which the advertisement must be

published.

(4) The terms of the advertisement must either:

(a) be specified in the order; or

(b) be determined in accordance with the order.

(5) This section does not limit the generality of section 45

(injunctions) and applies whether or not relief is granted under that

section.

48 Damages or accounts of profits

(1) If an official user for a major sporting event suffers loss or damage

as a result of anything done by a person that contravenes section 16

in relation to the event, the official user may bring an action in a

relevant court against the person.

Note: See also subsections (6), (7) and (8).

(2) The relief that the court may grant in an action under this section

is, at the option of the official user, either damages or an account of

profits.

(3) The action must be brought within 3 years after the day on which

the contravention occurred.

ComLaw Authoritative Act C2014A00029

Remedies Part 5

Section 49

No. 29, 2014 Major Sporting Events (Indicia and Images) Protection Act 2014 39

(4) A request under section 49 for consent to the bringing of an action

under this section must be given before the end of the protection

period for the event.

(5) This section applies whether or not relief is granted under

section 45 (injunctions).

(6) However, an official user for a major sporting event may not bring

an action against a person under this section in relation to the use

of the event’s protected indicia or images if the official user has

already brought an action against the person in relation to that use

under a provision of a law of a State or Territory that is:

(a) specified in the Schedule to this Act that covers the event; or

(b) prescribed by the rules in relation to the event.

(7) An official user for a major sporting event may not continue an

action against a person under this section in relation to the use of

protected indicia or images if the official user brings an action

against the person in relation to that use under a provision specified

or prescribed as referred to in subsection (6).

(8) If the court grants an official user damages or an account of profits

under this section in relation to the use of a major sporting event’s

protected indicia or images by a person, the official user may not

bring an action against the person under a provision specified or

prescribed as referred to in subsection (6).

49 Consent for authorised persons to pursue remedies

(1) An authorised person for a major sporting event may not do either

of the following in relation to protected indicia or images covered

by the relevant authorisation except with the written consent of the

person (the authoriser) who gave the authorisation:

(a) make an application for an injunction under section 45;

(b) bring an action for damages or for an account of profits under

section 48.

(2) The authoriser is taken to have given the consent if:

(a) the authorised person gives the authoriser a written request

for the consent; and

ComLaw Authoritative Act C2014A00029

Part 5 Remedies

Section 50

40 Major Sporting Events (Indicia and Images) Protection Act 2014 No. 29, 2014

(b) the authoriser neither gives nor refuses that consent before

the end of the third business day following the day on which

the request was given.

(3) Consent under subsection (1) must not be unreasonably refused.

(4) Paragraph (1)(a) does not apply if the authorised person is an

objector in relation to seized goods and the injunction relates to

conduct involving those goods.

50 Remedies under this Part are additional

(1) The remedies provided under this Part are in addition to remedies

provided by any law (whether a law of the Commonwealth or a law

of a State or Territory) that confers any rights or powers on an

official user for a major sporting event in relation to conduct of a

kind that contravenes section 16 of this Act.

Note: For other rules about the relationship between this Act and other laws,

see subsection 16(5) and sections 54 and 55.

(2) Without limiting subsection (1), the remedies provided under this

Part are in addition to the remedies provided by the Australian

Consumer Law in relation to engaging in conduct that is

misleading or deceptive (see section 18 of the Australian

Consumer Law) and, in particular, in relation to representations:

(a) that goods or services have sponsorship or approval that they

do not have (see paragraph 29(1)(g) of the Australian

Consumer Law); or

(b) that a person has a sponsorship, approval or affiliation that

the person does not have (see paragraph 29(1)(h) of the

Australian Consumer Law).

(3) The references in subsection (2) to particular provisions of the

Australian Consumer Law do not imply that other provisions of the

Australian Consumer Law do not apply in relation to conduct of a

kind that contravenes section 16 of this Act.

(4) This section applies subject to subsections 48(6) and (7) (limitation

on bringing or continuing actions).

ComLaw Authoritative Act C2014A00029

Groundless threats Part 6

Section 51

No. 29, 2014 Major Sporting Events (Indicia and Images) Protection Act 2014 41

Part 6—Groundless threats

51 Simplified outline of this Part

If an official user makes a groundless threat to make an application

or bring an action under this Act, any person aggrieved may bring

an action in a relevant court seeking a declaration or injunction, or

damages for loss that the person has suffered as a result of the

threat.

A person may not bring or continue such an action if the official

user has made an application, or brought an action, under Part 5

against the threatened person in relation to the act, or proposed act,

to which the threat related.

It is a defence for an official user that the conduct of the threatened

person, in relation to which the threat was made, contravenes

section 16.

An official user may make a counterclaim for any relief to which

the official user would be entitled under Part 5.

52 Groundless threats of legal proceedings

(1) If an official user threatens to make an application, or bring an

action, under this Act against a person (the threatened person) on

the ground that the threatened person has engaged, is engaging, or

is proposing to engage in conduct that contravenes section 16, any

person aggrieved by the threat may bring an action in a relevant

court against the official user.

(2) Neither of the following alone constitute a threat to make an

application, or bring an action, for the purposes of subsection (1):

(a) a notification that a visual or aural representation is a

protected image for a major sporting event;

ComLaw Authoritative Act C2014A00029

Part 6 Groundless threats

Section 52

42 Major Sporting Events (Indicia and Images) Protection Act 2014 No. 29, 2014

(b) a notification that an indicium is a protected indicium for a

major sporting event.

Remedies

(3) In an action under this section, the court may:

(a) make a declaration that the official user had no grounds for

making the threat; and

(b) grant an injunction restraining the official user from

continuing to make the threat; and

suffered as a result of the making of the threat.

Limitation on bringing or continuing action under this section

(4) An action may not be brought under this section if the official user

has made an application, or brought an action, under Part 5 against

the threatened person in relation to the act, or proposed act, to

which the threat related.

(5) An action under this section may not be continued if the official

user makes an application, or brings an action, under Part 5 against

the threatened person in relation to the act, or proposed act, to

which the threat related.

Defence—conduct of threatened person contravenes section 16

(6) It is a defence to an action under this section that the conduct of the

threatened person, in relation to which the threat was made,

contravenes section 16.

Counterclaim

(7) If the official user would be entitled to make an application, or

bring an action, against the threatened person for contravening

section 16, the official user may, in an action under this section,

make a counterclaim for any relief to which the official user would

be entitled under Part 5.

(8) Parts 4 and 5 apply as if a counterclaim were an application or

action made or brought by the official user under Part 5.

ComLaw Authoritative Act C2014A00029

Groundless threats Part 6

Section 52

No. 29, 2014 Major Sporting Events (Indicia and Images) Protection Act 2014 43

Protection—lawyer acting on behalf of client

(9) This section does not make a barrister or solicitor of the High

Court, or of the Supreme Court of a State or Territory, liable to an

action for an act done in a professional capacity on behalf of a

client.

ComLaw Authoritative Act C2014A00029

Part 7 Miscellaneous

Section 53

44 Major Sporting Events (Indicia and Images) Protection Act 2014 No. 29, 2014

Part 7—Miscellaneous

53 Simplified outline of this Part

This Part provides for a number of miscellaneous matters, such as:

(a) interaction between this Act and other Commonwealth,

State and Territory laws; and

(b) a constitutional safety net in relation to any acquisition

of property otherwise than on just terms, and any

constitutional doctrine of implied freedom of political

communication; and

54 Copyright, design and trade mark rights not affected

Nothing in this Act is intended to affect the operation of the

following Acts:

(a) the Copyright Act 1968;

(b) the Designs Act 2003;

or to affect any rights conferred, or liabilities imposed, by or under

those Acts.

55 Concurrent operation of State and Territory laws

(1) It is the intention of the Parliament that this Act is not to apply to

the exclusion of a law of a State or Territory to the extent that the

law is capable of operating concurrently with this Act.

(2) Without limiting subsection (1), this Part is not intended to exclude

or limit the concurrent operation of a law of a State or Territory

that does any one or more of the following:

(a) prohibits conduct that would contravene section 16 of this

Act;

ComLaw Authoritative Act C2014A00029

Miscellaneous Part 7

Section 56

No. 29, 2014 Major Sporting Events (Indicia and Images) Protection Act 2014 45

(b) prohibits the use of an expression or image in relation to a

major sporting event for purposes or in circumstances where

that use is not authorised by subsection 16(2) or (3) of this

Act;

relation to a major sporting event to the expressions or

images that constitute the event’s protected indicia or images

under this Act.

(3) Subsection (2) applies even if the law of the State or Territory does

any or all of the following:

(a) provides that a person whose conduct contravenes a

prohibition in that law against the use of an expression or

image in relation to a major sporting event is liable to an

offence against that law, or another liability that is not

provided for under this Act;

(b) provides different remedies to enforce a prohibition in that

law against the use of an expression or image in relation to a

major sporting event to those provided under this Act;

required to be established under that law in relation to

authorisations to use particular expressions or images to the

details that are required to be included on a register

established under this Act.

56 Constitutional safety net—acquisition of property

This Act does not apply to the extent (if any) to which:

(a) the operation of this Act would result in the acquisition of

property (within the meaning of paragraph 51(xxxi) of the

Constitution) from a person otherwise than on just terms

(within the meaning of that paragraph); and

(b) the acquisition would be invalid because of

paragraph 51(xxxi) of the Constitution.

ComLaw Authoritative Act C2014A00029

Part 7 Miscellaneous

Section 57

46 Major Sporting Events (Indicia and Images) Protection Act 2014 No. 29, 2014

57 Implied freedom of political communication

This Act does not apply to the extent (if any) that it would infringe

any constitutional doctrine of implied freedom of political

communication.

58 Rules

The Minister may, by legislative instrument, make rules

prescribing matters:

(a) required or permitted by this Act to be prescribed by the

rules; or

(b) necessary or convenient to be prescribed for carrying out or

giving effect to this Act.

ComLaw Authoritative Act C2014A00029

Asian Football Confederation Asian Cup 2015 Schedule 1

Clause 1

No. 29, 2014 Major Sporting Events (Indicia and Images) Protection Act 2014 47

Schedule 1—Asian Football Confederation

Asian Cup 2015 Note: See section 9.

1 AFC Asian Cup 2015 is a major sporting event

(1) The event known as the Asian Football Confederation Asian Cup

2015 is a major sporting event covered by this Schedule.

(2) In this Schedule:

AFC Asian Cup 2015 means the event mentioned in subclause (1).

2 Authorising body for AFC Asian Cup 2015

The body known as the Asian Football Confederation is the

authorising body for the AFC Asian Cup 2015.

3 Event bodies for AFC Asian Cup 2015

The following are event bodies for the AFC Asian Cup 2015:

(a) the authorising body;

(b) Local Organising Committee AFC Asian Cup 2015 Australia

(ACN 15 777 1330);

4 Protected indicia for AFC Asian Cup 2015

(1) The following are protected indicia for the AFC Asian Cup 2015:

(a) any of the following:

(i) AC2015;

(ii) AFC Asian Cup;

(iii) AFC Asian Cup 2015 Qualifiers;

(iv) AFC Asian Cup Australia 2015;

(v) AFC Asian Football Confederation;

ComLaw Authoritative Act C2014A00029

Schedule 1 Asian Football Confederation Asian Cup 2015

Clause 4

48 Major Sporting Events (Indicia and Images) Protection Act 2014 No. 29, 2014

(vi) Asian Cup;

(vii) Asian Cup 2015;

(viii) Asian Cup Australia 2015;

(ix) Local Organising Committee AFC Asian Cup Australia

2015;

(b) any combination of a Table A expression (see subclause (2))

with a Table B expression (see subclause (3));

expressions, that is prescribed by the rules.

(2) For the purposes of paragraph (1)(b), the Table A expressions for

the AFC Asian Cup 2015 are set out in the following table:

Table A expressions

Item Expressions

1 AC2015

2 AFC Asian Cup

3 AFC Asian Cup Australia

4 Asian Cup

5 Asian Football Confederation

6 Asian Football Cup

7 Asian Soccer Cup

(3) For the purposes of paragraph (1)(b), the Table B expressions for

the AFC Asian Cup 2015 are set out in the following table:

Table B expressions

Item Expressions

1 2015

2 agent

3 broadcaster

4 caterer

5 champions

ComLaw Authoritative Act C2014A00029

Asian Football Confederation Asian Cup 2015 Schedule 1

Clause 4

No. 29, 2014 Major Sporting Events (Indicia and Images) Protection Act 2014 49

Table B expressions

Item Expressions

6 championship

7 city

8 commercial

9 country

10 event

11 Fanzone

12 finalists

13 football

14 goal scorer

15 hospitality

16 host

17 hotel

18 licensed

19 licensee

20 local

21 merchandise

22 most valuable player

23 MVP

24 official

25 partner

26 product

27 qualifier

28 retail

29 shop

30 soccer

31 sponsor

32 store

33 supplier

34 supporter

35 Team of the Tournament

ComLaw Authoritative Act C2014A00029

Schedule 1 Asian Football Confederation Asian Cup 2015

Clause 5

50 Major Sporting Events (Indicia and Images) Protection Act 2014 No. 29, 2014

Table B expressions

Item Expressions

36 ticketing

37 training site

38 travel

39 trophy

40 venue

5 When protected indicia and images relate to an event body for the

AFC Asian Cup 2015

(1) Protected indicia and images for the AFC Asian Cup 2015 relate to

the authorising body, except as prescribed by the rules.

(2) Protected indicia or images relate to any other event body for the

AFC Asian Cup 2015 as prescribed by the rules.

6 Protection period for AFC Asian Cup 2015

The protection period for the AFC Asian Cup 2015 is the period:

(a) starting at the commencement of this clause; and

(b) ending on:

(i) 30 June 2015; or

(ii) an earlier day prescribed by the rules.

ComLaw Authoritative Act C2014A00029

Cricket World Cup 2015 Schedule 2

Clause 1

No. 29, 2014 Major Sporting Events (Indicia and Images) Protection Act 2014 51

Schedule 2—Cricket World Cup 2015 Note: See section 9.

1 Cricket World Cup 2015 is a major sporting event

The event known as the Cricket World Cup 2015 is a major

sporting event covered by this Schedule.

2 Authorising body for Cricket World Cup 2015

ICC Development (International) Ltd (ABN 45 840 543 432) is the

authorising body for the Cricket World Cup 2015.

3 Event bodies for Cricket World Cup 2015

The following are event bodies for the Cricket World Cup 2015:

(a) the authorising body;

(b) the body known as the International Cricket Council;

(d) the body known as Cricket Australia.

4 Protected indicia for Cricket World Cup 2015

(1) The following are protected indicia for the Cricket World Cup

2015:

(a) any of the following:

(i) Cricket World Champions;

(ii) Cricket World Cup;

(iii) Cricket World Cup 2015;

(iv) Cricket World Cup Champions;

(v) Cricket World Tournament;

(vi) Cricket World Tournament Sponsor;

(vii) Cricket World Trophy;

(viii) CWC;

ComLaw Authoritative Act C2014A00029

Schedule 2 Cricket World Cup 2015

Clause 4

52 Major Sporting Events (Indicia and Images) Protection Act 2014 No. 29, 2014

(ix) CWC2015;

(x) ICC Cricket World Cup;

(xi) International Cricket Council;

(b) any combination of a Table A expression (see subclause (2))

with a Table B expression (see subclause (3));

expressions, that is prescribed by the rules.

(2) For the purposes of paragraph (1)(b), the Table A expressions for

the Cricket World Cup 2015 are set out in the following table:

Table A expressions

Item Expressions

1 Cricket World Cup

2 CWC

3 ICC

4 ICC Cricket World Cup

5 ICC Cricket World Cup event

6 ICC World Cup

7 International Cricket Council

8 World Cup Cricket

(3) For the purposes of paragraph (1)(b), the Table B expressions for

the Cricket World Cup 2015 are set out in the following table:

Table B expressions

Item Expressions

1 2015

2 agent

3 broadcast

4 broadcaster

5 caterer

6 champion

ComLaw Authoritative Act C2014A00029

Cricket World Cup 2015 Schedule 2

Clause 4

No. 29, 2014 Major Sporting Events (Indicia and Images) Protection Act 2014 53

Table B expressions

Item Expressions

7 city

8 commercial

9 Fanzone

10 finalist

11 finalists

12 hospitality

13 host

14 licensed

15 licensee

16 merchandise

17 merchandiser

18 nation

19 official

20 partner

21 product

22 qualifier

23 retail

24 sponsor

25 store

26 supplier

27 ticket

28 ticketing

29 travel

30 trophy

31 venue

ComLaw Authoritative Act C2014A00029

Schedule 2 Cricket World Cup 2015

Clause 5

54 Major Sporting Events (Indicia and Images) Protection Act 2014 No. 29, 2014

5 When protected indicia and images relate to an event body for the

Cricket World Cup 2015

(1) Protected indicia and images for the Cricket World Cup 2015

relate to the authorising body, except as prescribed by the rules.

(2) Protected indicia or images relate to any other event body for the

Cricket World Cup 2015 as prescribed by the rules.

6 Protection period for Cricket World Cup 2015

The protection period for the Cricket World Cup 2015 is the

period:

(a) starting at the commencement of this clause; and

(b) ending on:

(i) 31 March 2016; or

(ii) an earlier day prescribed by the rules.

ComLaw Authoritative Act C2014A00029

Gold Coast 2018 Commonwealth Games Schedule 3

Clause 1

No. 29, 2014 Major Sporting Events (Indicia and Images) Protection Act 2014 55

Schedule 3—Gold Coast 2018 Commonwealth

Games Note: See section 9.

1 Gold Coast 2018 Commonwealth Games is a major sporting event

The event known as the Gold Coast 2018 Commonwealth Games

is a major sporting event covered by this Schedule.

2 Authorising body for Gold Coast 2018 Commonwealth Games

The Gold Coast 2018 Commonwealth Games Corporation (ABN

47 959 083 668) is the authorising body for the Gold Coast 2018

Commonwealth Games.

3 Event bodies for Gold Coast 2018 Commonwealth Games

The following are event bodies for the Gold Coast 2018

Commonwealth Games:

(a) the authorising body;

(b) the body known as the Commonwealth Games Federation;

55 165 736 898).

4 Protected indicia for Gold Coast 2018 Commonwealth Games

(1) The following are protected indicia for the Gold Coast 2018

Commonwealth Games:

(a) any of the following:

(i) Australian Commonwealth Games;

(ii) Australian Commonwealth Games Association;

(iii) Coast 2018 Games;

(iv) Commonwealth Games;

(v) Commonwealth Games Federation;

ComLaw Authoritative Act C2014A00029

Schedule 3 Gold Coast 2018 Commonwealth Games

Clause 4

56 Major Sporting Events (Indicia and Images) Protection Act 2014 No. 29, 2014

(vi) GC18;

(vii) GC2018;

(viii) Gold Coast 2018 Commonwealth Games;

(ix) Gold Coast 2018 Games;

(x) Gold Coast Commonwealth Games;

(xi) GOLDOC;

(xii) Queen’s Baton Relay;

(b) any combination of an expression set out in an item in List A

of the table in subclause (2) with an expression set out in that

item in List B;

expressions, that is prescribed by the rules.

(2) For the purposes of paragraph (1)(b), the table is as follows:

Combinations of expressions

Item List A List B

1 21st

2018

Comm Games

Commonwealth Games

2 Commonwealth Games

Commonwealth Games athlete

Bronze

Gold

Silver

3 Australian Commonwealth Games

team

GC2018

Gold Coast

Gold Coast 2018

4 Australian Commonwealth Games

team

Commonwealth Games

Celebrating 2018

Coast Games

Delivering 2018

Embracing 2018

Gold Coast 2018 Arts and

Community Festival Program

Gold Coast 2018 Cultural Program

Gold Coast Games

partner

ComLaw Authoritative Act C2014A00029

Gold Coast 2018 Commonwealth Games Schedule 3

Clause 5

No. 29, 2014 Major Sporting Events (Indicia and Images) Protection Act 2014 57

Combinations of expressions

Item List A List B

provider

sponsor

supplier

venue

5 When protected indicia relate to an event body for the Gold Coast

2018 Commonwealth Games

(1) All protected indicia for the Gold Coast 2018 Commonwealth

Games relate to the Gold Coast 2018 Commonwealth Games

Corporation, except as provided by or under subclause (2), (3) or

(4).

(2) The indicium “Australian Commonwealth Games Association”

relates to the body known as the Australian Commonwealth

Games Association.

(3) The indicium “Commonwealth Games Federation” relates to the

body known as the Commonwealth Games Federation.

(4) An indicium prescribed by the rules under paragraph 4(1)(c) of this

Schedule relates to an event body for the Gold Coast 2018

Commonwealth Games as prescribed by the rules.

6 When protected images relate to an event body for the Gold Coast

2018 Commonwealth Games

(1) All protected images for the Gold Coast 2018 Commonwealth

Games relate to the Gold Coast 2018 Commonwealth Games

Corporation, except as provided by subclause (2) or (3).

(2) An ACGA image (within the meaning of the Commonwealth

Games Arrangements Act 2011 (Qld)) relates to the body known as

the Australian Commonwealth Games Association.

ComLaw Authoritative Act C2014A00029

Schedule 3 Gold Coast 2018 Commonwealth Games

Clause 7

58 Major Sporting Events (Indicia and Images) Protection Act 2014 No. 29, 2014

(3) A CGF image (within the meaning of the Commonwealth Games

Arrangements Act 2011 (Qld)) relates to the body known as the

Commonwealth Games Federation.

7 Protection period for Gold Coast 2018 Commonwealth Games

The protection period for the Gold Coast 2018 Commonwealth

Games is the period:

(a) starting at the commencement of this clause; and

(b) ending on:

(i) 31 December 2018; or

(ii) an earlier day prescribed by the rules.

8 Avoiding inconsistency between this Act and the Commonwealth

Games Arrangements Act 2011 (Qld)

For paragraph 16(5)(a) of this Act, sections 51 to 56 of the

Commonwealth Games Arrangements Act 2011 (Qld) are specified

in relation to the Gold Coast 2018 Commonwealth Games.

9 Applying register provisions of the Commonwealth Games

Arrangements Act 2011 (Qld)

For paragraph 19(1)(a) of this Act, section 57 (Register of

authorities) of the Commonwealth Games Arrangements Act 2011

(Qld) is specified in relation to the Gold Coast 2018

Commonwealth Games.

Note: The effect of this clause is that the Gold Coast 2018 Commonwealth

Games Corporation is not required to keep a separate register under

section 18 of this Act.

10 Limitation for actions for damages or account of profits

For paragraph 48(6)(a) of this Act, sections 62 (Damages) and 63

(Account of profits) of the Commonwealth Games Arrangements

Act 2011 (Qld) are specified in relation to the Gold Coast 2018

Commonwealth Games.

ComLaw Authoritative Act C2014A00029

No. 29, 2014 Major Sporting Events (Indicia and Images) Protection Act 2014 59

[Minister’s second reading speech made in—

House of Representatives on 26 March 2014

Senate on 14 May 2014]

(77/14)

ComLaw Authoritative Act C2014A00029

Major Sporting Events (Indicia and Images) Protection Act 2014, Australia

Available Materials