Major Sporting Events (Indicia and Images) Protection Act 2014 (consolidated as of April 6, 2019), Australia, WIPO Lex

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Major Sporting Events (Indicia and Images) Protection Act 2014 (consolidated as of April 6, 2019)

Authorised Version C2019C00160 registered 01/05/2019

Major Sporting Events (Indicia and

Images) Protection Act 2014

No. 29, 2014

Compilation No. 2

Compilation date: 6 April 2019

Includes amendments up to: Act No. 39, 2019

Registered: 1 May 2019

Prepared by the Office of Parliamentary Counsel, Canberra

About this compilation

This compilation

This is a compilation of the Major Sporting Events (Indicia and Images)

Protection Act 2014 that shows the text of the law as amended and in force on 6

April 2019 (the compilation date).

The notes at the end of this compilation (the endnotes) include information

about amending laws and the amendment history of provisions of the compiled

law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the

compiled law. Any uncommenced amendments affecting the law are accessible

on the Legislation Register (www.legislation.gov.au). The details of

amendments made up to, but not commenced at, the compilation date are

underlined in the endnotes. For more information on any uncommenced

amendments, see the series page on the Legislation Register for the compiled

law.

Application, saving and transitional provisions for provisions and

amendments

If the operation of a provision or amendment of the compiled law is affected by

an application, saving or transitional provision that is not included in this

compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see

the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as

modified but the modification does not amend the text of the law. Accordingly,

this compilation does not show the text of the compiled law as modified. For

more information on any modifications, see the series page on the Legislation

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a

provision of the law, details are included in the endnotes.

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Contents

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

2 Commencement.................................................................................1

3 Objects of this Act .............................................................................2

4 Simplified outline of this Act ............................................................2

5 Act binds the Crown..........................................................................3

6 Application of Act .............................................................................3

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

Part 2—Interpretation 5 8 Simplified outline of this Part............................................................5

9 Dictionary..........................................................................................5

10 Interpretation provisions for protected indicia and images ................8

11 When protected indicia and images are applied to goods and

services ..............................................................................................8

12 When protected indicia or images are used for commercial

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

13 Presumption relating to advertising or promotion etc......................11

14 Criticism, review and provision of information...............................11

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

commercial purposes 12

Division 1—Introduction 12

15 Simplified outline of this Part..........................................................12

Division 2—Regulation of use of protected indicia and images

for commercial purposes 14

16 Regulation of use of protected indicia and images for

commercial purposes .......................................................................14

17 Persons involved in contravening section 16...................................15

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.............................19

21 Notifying Secretary and Comptroller-General of Customs of

changes to registers..........................................................................19

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Part 4—Importation of goods 20

Division 1—Introduction 20

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

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 Comptroller-General of Customs ....................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...................................................................30

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 Comptroller-General of Customs 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 Comptroller-General of Customs of imports by

official users ....................................................................................35

43 Modification in relation to Norfolk Island etc. ................................36

Part 5—Remedies 37 44 Simplified outline of this Part..........................................................37

45 Injunctions.......................................................................................37

46 Interim injunctions...........................................................................38

47 Corrective advertisements ...............................................................39

48 Damages or accounts of profits .......................................................39

49 Consent for authorised persons to pursue remedies .........................40

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50 Remedies under this Part are additional...........................................41

Part 6—Groundless threats 43 51 Simplified outline of this Part..........................................................43

52 Groundless threats of legal proceedings ..........................................43

Part 7—Miscellaneous 46 53 Simplified outline of this Part..........................................................46

54 Copyright, design and trade mark rights not affected ......................46

55 Concurrent operation of State and Territory laws............................46

56 Constitutional safety net—acquisition of property ..........................47

57 Implied freedom of political communication...................................48

58 Rules................................................................................................48

Schedule 1—ICC T20 World Cup 2020 49 1 ICC T20 World Cup 2020 is a major sporting event .......................49

2 Authorising body for ICC T20 World Cup 2020 .............................49

3 Event bodies for ICC T20 World Cup 2020 ....................................49

4 Protected indicia for ICC T20 World Cup 2020 ..............................49

5 When protected indicia and images relate to an event body

for the ICC T20 World Cup 2020....................................................50

6 Protection period for ICC T20 World Cup 2020 .............................50

Schedule 3—Gold Coast 2018 Commonwealth Games 51 1 Gold Coast 2018 Commonwealth Games is a major sporting

event ................................................................................................51

2 Authorising body for Gold Coast 2018 Commonwealth

Games..............................................................................................51

3 Event bodies for Gold Coast 2018 Commonwealth Games.............51

4 Protected indicia for Gold Coast 2018 Commonwealth

Games..............................................................................................51

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

Coast 2018 Commonwealth Games.................................................53

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

Coast 2018 Commonwealth Games.................................................53

7 Protection period for Gold Coast 2018 Commonwealth

Games..............................................................................................54

8 Avoiding inconsistency between this Act and the

Commonwealth Games Arrangements Act 2011 (Qld) ....................54

9 Applying register provisions of the Commonwealth Games

Arrangements Act 2011 (Qld)..........................................................54

10 Limitation for actions for damages or account of profits .................55

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Endnotes 56

Endnote 1—About the endnotes 56

Endnote 2—Abbreviation key 58

Endnote 3—Legislation history 59

Endnote 4—Amendment history 60

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Preliminary Part 1

Section 1

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

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

2 and anything in

this Act not

elsewhere covered

by this table

2. Sections 3 to The later of: 1 July 2014

58 (a) the day after this Act receives the Royal

Assent; and

(b) 1 July 2014.

3. Schedules 1, 2 At the same time as the provision(s) covered 1 July 2014

and 3 by table item 2.

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Part 1 Preliminary

Section 3

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.

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).

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Section 5

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.

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 the Comptroller-General of 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

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Section 7

(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

(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.

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Interpretation Part 2

Section 8

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.

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Part 2 Interpretation

Section 9

applied has a meaning affected by section 11.

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.

Comptroller-General of Customs means the person who is the

Comptroller-General of Customs in accordance with

subsection 11(3) or 14(2) of the Australian Border Force Act 2015.

covering: see subsection 11(4).

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).

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Section 9

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

to this Act.

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.

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Part 2 Interpretation

Section 10

relevant authorisation: see subsection 16(4).

relevant court means:

(a) the Federal Court of Australia; or

(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:

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Section 12

(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

(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.

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Part 2 Interpretation

Section 12

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

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).

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Interpretation Part 2

Section 13

(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 Comptroller-General of Customs).

(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.

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.

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

Division 1 Introduction

Section 15

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

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Introduction Division 1

Section 15

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

published on the internet.

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 Comptroller-General of Customs of changes to the register.

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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 16

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 1: 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.

Note 2: Part 4 allows imported goods to be seized if the event’s protected

indicia or images have been applied to them in contravention of this

section. Part 5 sets out the remedies for a contravention of this section.

(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:

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

Section 17

(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.

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

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Section 17

(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.

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Registration requirements for authorised persons Division 3

Section 18

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.

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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.

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.

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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

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 Comptroller-General of Customs of

changes to registers

The authorising body must give the Secretary of the Department

and the Comptroller-General of Customs 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.

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Part 4 Importation of goods

Division 1 Introduction

Section 22

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 Comptroller-General of Customs a notice objecting to the

importation of infringing goods in relation to the event.

Generally, the Comptroller-General of Customs must seize any

infringing goods imported after the objection notice is given. The

Comptroller-General of Customs 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 Comptroller-General of Customs may

permit objectors to inspect seized goods.

The Comptroller-General of Customs 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

Comptroller-General of Customs must notify each objector. An

objector must apply for an injunction under section 45 before the

end of the action period, otherwise the Comptroller-General of

Customs 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.

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The Comptroller-General of Customs 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.

The Comptroller-General of Customs 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 Comptroller-General of Customs may retain control

of goods if required or allowed under any other Commonwealth

law.

An official user must notify the Comptroller-General of Customs if

the official user is importing goods that have any of the event’s

protected indicia or images applied to them.

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Division 2 Objection to importation and seizure of goods

Section 23

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

Comptroller-General of Customs 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

Comptroller-General of Customs 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

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(b) the person 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.

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 Comptroller-General of Customs

Comptroller-General of Customs must seize goods

(1) The Comptroller-General of Customs must seize goods that are

subject to customs control under the Customs Act 1901 if:

(a) the goods were manufactured outside Australia and imported

into Australia; and

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(b) it appears to the Comptroller-General of Customs that the

goods are infringing goods in relation to a major sporting

event; and

importation that relates to the goods; and

(d) the Comptroller-General of Customs does not make a

decision under subsection (2) or (3) 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.

When Comptroller-General of Customs is not required to seize

goods

(2) The Comptroller-General of Customs 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 Comptroller-General of Customs may decide not to seize the

goods if:

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

the Comptroller-General of Customs a written undertaking

acceptable to the Comptroller-General of Customs 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 Comptroller-General of Customs 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 Comptroller-General of Customs may require security to be

given, instead of an undertaking mentioned in paragraph (3)(a), in

an amount that the Comptroller-General of Customs 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

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

accordance with that undertaking; and

(b) the Comptroller-General of Customs considers it reasonable

in all the circumstances to require the security.

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

Comptroller-General of Customs 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 Comptroller-General of Customs.

26 Notice of seizure

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

Comptroller-General of Customs 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 Comptroller-General of Customs 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

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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 Comptroller-General of Customs 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 Comptroller-General of

Customs has, and believes on reasonable grounds may help

in identifying and locating, such a person or body; and

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

Comptroller-General of Customs has and believes on

reasonable grounds may be relevant for the purpose of

identifying and locating the importer of the goods; and

Comptroller-General of Customs 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 Comptroller-General of Customs may permit an objector or

the designated owner to inspect seized goods.

(2) If an objector gives the Comptroller-General of Customs the

requisite undertakings, the Comptroller-General of Customs may

permit the objector to remove one or more samples of the seized

goods from the custody of the Comptroller-General of Customs for

inspection by the objector.

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(3) If the designated owner gives the Comptroller-General of Customs

the requisite undertakings, the Comptroller-General of Customs

may permit the designated owner to remove one or more samples

of the seized goods from the custody of the Comptroller-General of

Customs 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 Comptroller-General of

Customs at a specified time that is satisfactory to the

Comptroller-General of Customs; and

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

(5) If the Comptroller-General of Customs 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

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

relation to, sample goods removed from the custody of the

Comptroller-General of Customs or any use made by the

objector of such sample goods.

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Division 3 Forfeiture or release of seized goods

Section 28

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

Comptroller-General of Customs; 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

Comptroller-General of Customs 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 Comptroller-General of Customs allows a late

claim for release of the goods (see section 31), the goods are taken

not to have been forfeited.

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31 Late claim for release of seized goods

(1) The Comptroller-General of Customs may allow the designated

owner to make a claim (the late claim) to the Comptroller-General

of Customs for the release of seized goods after the end of the

claim period for the goods.

(2) The Comptroller-General of Customs 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 Comptroller-General of Customs 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 Comptroller-General of

Customs 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 Comptroller-General of Customs 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 Comptroller-General of

Customs 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.

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33 Release of seized goods

(1) The Comptroller-General of Customs must release seized goods to

the designated owner if:

(a) each objector gives written notice to the Comptroller-General

of Customs 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 Comptroller-General of Customs may release seized goods to

the designated owner at any time if:

(a) the Comptroller-General of Customs, 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 Comptroller-General of Customs 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 Comptroller-General of Customs written

notice of that application.

(4) The Comptroller-General of Customs 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

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Section 34

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 Comptroller-General of Customs to retain

control of goods) provides an exception to the rules in this section.

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

Comptroller-General of Customs must comply with the order.

Note: Section 37 (power of Comptroller-General of Customs to retain

control of goods) provides an exception to the rule in this subsection.

(5) In hearing the application, the court:

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(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 Comptroller-General of Customs to appear

and be heard.

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

grant apart from this section.

35 Goods released but not collected are forfeited

Seized goods are forfeited to the Commonwealth if:

(a) the goods are released by the Comptroller-General of

Customs 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

Comptroller-General of Customs directs.

Note: Section 37 (power of Comptroller-General of Customs 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 Comptroller-General of Customs 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.

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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

(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 Comptroller-General of Customs to retain control of

goods

Despite this Part, the Comptroller-General of Customs:

(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 Comptroller-General of Customs is required or allowed to

retain control of the goods under any other law of the

Commonwealth.

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Division 4 Miscellaneous

Section 38

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 Comptroller-General of

Customs 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

Comptroller-General of Customs 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 Comptroller-General of Customs 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:

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Section 40

(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.

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 Comptroller-General of Customs 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

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 Comptroller-General of Customs 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 Comptroller-General of Customs a

written notice specifying the indicia or images so applied.

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

Comptroller-General of Customs to identify the goods.

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Division 4 Miscellaneous

Section 43

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;

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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.

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(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.

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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.

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(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:

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(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 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.

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

on bringing or continuing actions).

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Groundless threats Part 6

Section 51

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;

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Section 52

(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.

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(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.

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.

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Part 7 Miscellaneous

Section 53

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;

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(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.

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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.

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ICC T20 World Cup 2020 Schedule 1

Clause 1

Schedule 1—ICC T20 World Cup 2020 Note: See section 9.

1 ICC T20 World Cup 2020 is a major sporting event

The event known as the ICC T20 World Cup 2020 (comprising the

ICC Women’s T20 World Cup 2020 and the ICC Men’s T20

World Cup 2020) is a major sporting event covered by this

Schedule.

2 Authorising body for ICC T20 World Cup 2020

ICC Business Corporation FZ-LLC (being a wholly-owned

subsidiary of International Cricket Council Limited) is the

authorising body for the ICC T20 World Cup 2020.

3 Event bodies for ICC T20 World Cup 2020

The following are event bodies for the ICC T20 World Cup 2020:

(a) the authorising body;

(b) International Cricket Council Limited;

(d) Cricket Australia (ACN 006 089 130).

4 Protected indicia for ICC T20 World Cup 2020

The following are protected indicia for the ICC T20 World Cup

2020:

(a) ICC T20 World Cup 2020;

(b) ICC Women’s T20 World Cup 2020;

(d) World T20;

(e) World Twenty20;

(f) WT20;

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Clause 5

(g) T20 World Cup;

(h) Twenty20 World Cup;

(i) International Cricket Council;

(j) any expression that is prescribed by the rules;

(k) any expression that, to a reasonable person, would suggest a

connection with the ICC T20 World Cup 2020;

whether or not used in combination with any other expressions,

letters, numbers or symbols.

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

ICC T20 World Cup 2020

(1) Protected indicia and images for the ICC T20 World Cup 2020

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

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

ICC T20 World Cup 2020 as prescribed by the rules.

6 Protection period for ICC T20 World Cup 2020

The protection period for the ICC T20 World Cup 2020 is the

period:

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

(b) ending on:

(i) 30 November 2021; or

(ii) an earlier day prescribed by the rules.

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Gold Coast 2018 Commonwealth Games Schedule 3

Clause 1

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;

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Clause 4

(v) Commonwealth Games Federation;

(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 Comm Games

2018 Commonwealth Games

2 Commonwealth Games Bronze

Commonwealth Games athlete Gold

Silver

3 Australian Commonwealth Games GC2018

team Gold Coast

Gold Coast 2018

4 Australian Commonwealth Games Celebrating 2018

team Coast Games

Commonwealth Games Delivering 2018

Embracing 2018

Gold Coast 2018 Arts and

Community Festival Program

Gold Coast 2018 Cultural Program

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Clause 5

Combinations of expressions

Item List A List B

Gold Coast Games

partner

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).

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Clause 7

(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.

(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.

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Gold Coast 2018 Commonwealth Games Schedule 3

Clause 10

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

Commonwealth Games.

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

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Endnotes

Endnote 1—About the endnotes

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that

has amended (or will amend) the compiled law. The information includes

commencement details for amending laws and details of any application, saving

or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at

the provision (generally section or equivalent) level. It also includes information

about any provision of the compiled law that has been repealed in accordance

with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make

editorial and presentational changes to a compiled law in preparing a

compilation of the law for registration. The changes must not change the effect

of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief

outline of the changes in general terms. Full details of any changes can be

obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe

the amendment to be made. If, despite the misdescription, the amendment can

be given effect as intended, the amendment is incorporated into the compiled

Major Sporting Events (Indicia and Images) Protection Act 2014

Compilation No. 2 Compilation date: 6/4/19 Registered: 1/5/19

Authorised Version C2019C00160 registered 01/05/2019

Endnotes

Endnote 1—About the endnotes

law and the abbreviation “(md)” added to the details of the amendment included

in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the

abbreviation “(md not incorp)” is added to the details of the amendment

included in the amendment history.

Major Sporting Events (Indicia and Images) Protection Act 2014

Compilation No. 2 Compilation date: 6/4/19 Registered: 1/5/19

Authorised Version C2019C00160 registered 01/05/2019

Endnotes

Endnote 2—Abbreviation key

Endnote 2—Abbreviation key

ad = added or inserted o = order(s)

am = amended Ord = Ordinance

amdt = amendment orig = original

c = clause(s) par = paragraph(s)/subparagraph(s)

/sub-subparagraph(s)C[x] = Compilation No. x

Ch = Chapter(s) pres = present

def = definition(s) prev = previous

Dict = Dictionary (prev…) = previously

disallowed = disallowed by Parliament Pt = Part(s)

Div = Division(s) r = regulation(s)/rule(s)

ed = editorial change reloc = relocated

exp = expires/expired or ceases/ceased to have renum = renumbered

effect rep = repealed

F = Federal Register of Legislation rs = repealed and substituted

gaz = gazette s = section(s)/subsection(s)

LA = Legislation Act 2003 Sch = Schedule(s)

LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given SLI = Select Legislative Instrument

effect SR = Statutory Rules

(md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s)

cannot be given effect SubPt = Subpart(s)

mod = modified/modification underlining = whole or part not

commenced or to be commencedNo. = Number(s)

Major Sporting Events (Indicia and Images) Protection Act 2014

Compilation No. 2 Compilation date: 6/4/19 Registered: 1/5/19

Authorised Version C2019C00160 registered 01/05/2019

Endnotes

Endnote 3—Legislation history

Endnote 3—Legislation history

Act Number Assent Commencement Application,

and year saving and

transitional

provisions

Major Sporting Events 29, 2014 27 May s 3–58 and Sch 1–3:

(Indicia and Images) 2014 1 July 2014 (s 2(1)

Protection Act 2014 items 2, 3)

Remainder: 27 May

2014 (s 2(1) item 1)

Customs and Other 41, 2015 20 May Sch 5 (items 93, 94), Sch Sch 6 (item 128),

Legislation Amendment 2015 6 (items 91–128) and Sch 9

(Australian Border Sch 9: 1 July 2015 (s

Force) Act 2015 2(1) items 2, 7)

as amended by

Australian Border 115, 2017 30 Oct Sch 1 (item 26): 1 July —

Force Amendment 2017 2015 (s 2(1) item 2)

(Protected

Information) Act 2017

Major Sporting Events 39, 2019 5 Apr 2019 6 Apr 2019 (s 2(1) —

(Indicia and Images) item 1)

Protection Amendment

Act 2019

Major Sporting Events (Indicia and Images) Protection Act 2014

Compilation No. 2 Compilation date: 6/4/19 Registered: 1/5/19

Authorised Version C2019C00160 registered 01/05/2019

Endnotes

Endnote 4—Amendment history

Endnote 4—Amendment history

Provision affected How affected

Part 1

s 4 ..................................................am No 41, 2015

Part 2

s 9 ..................................................am No 41, 2015

s 12 ................................................am No 41, 2015

Part 3

Division 1

s 15 ................................................am No 41, 2015

Division 2

s 16 ................................................am No 39, 2019

Division 3

s 21 ................................................am No 41, 2015

Part 4

Division 1

s 22 ................................................am No 41, 2015

Division 2

s 23 ................................................am No 41, 2015

s 25 ................................................am No 41, 2015

s 26 ................................................am No 41, 2015

s 27 ................................................am No 41, 2015

Division 3

s 28 ................................................am No 41, 2015

s 29 ................................................am No 41, 2015

s 30 ................................................am No 41, 2015

s 31 ................................................am No 41, 2015

s 32 ................................................am No 41, 2015

s 33 ................................................am No 41, 2015

s 34 ................................................am No 41, 2015

s 35 ................................................am No 41, 2015

Major Sporting Events (Indicia and Images) Protection Act 2014

Compilation No. 2 Compilation date: 6/4/19 Registered: 1/5/19

Authorised Version C2019C00160 registered 01/05/2019

Endnotes

Endnote 4—Amendment history

Provision affected How affected

s 36 ................................................am No 41, 2015

s 37 ................................................am No 41, 2015

Division 4

s 38 ................................................am No 41, 2015

s 39 ................................................am No 41, 2015

s 40 ................................................am No 41, 2015

s 41 ................................................am No 41, 2015

s 42 ................................................am No 41, 2015

Schedule 1

Schedule 1 ................................ rs No 39, 2019

Schedule 2 ................................ rep No 39, 2019

Major Sporting Events (Indicia and Images) Protection Act 2014

Compilation No. 2 Compilation date: 6/4/19 Registered: 1/5/19

Major Sporting Events (Indicia and Images) Protection Act 2014 (consolidated as of April 6, 2019), Australia

Available Materials