Prepared by the Office of Parliamentary Counsel, Canberra
Major Sporting Events (Indicia and
Images) Protection Act 2014
No. 29, 2014
Compilation No. 1
Compilation date: 1 July 2015
Includes amendments up to: Act No. 41, 2015
Registered: 3 August 2015
ComLaw Authoritative Act C2015C00364
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 1
July 2015 (the compilation date).
This compilation was prepared on 22 July 2015.
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 ComLaw (www.comlaw.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
ComLaw 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.
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 ComLaw for the
compiled law.
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If a provision of the compiled law has been repealed in accordance with a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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Major Sporting Events (Indicia and Images) Protection Act 2014 i
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Contents
Part 1—Preliminary 1 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—Asian Football Confederation Asian Cup
2015 49 1 AFC Asian Cup 2015 is a major sporting event ..............................49
2 Authorising body for AFC Asian Cup 2015 ....................................49
3 Event bodies for AFC Asian Cup 2015 ...........................................49
4 Protected indicia for AFC Asian Cup 2015 .....................................49
5 When protected indicia and images relate to an event body
for the AFC Asian Cup 2015...........................................................52
6 Protection period for AFC Asian Cup 2015 ....................................52
Schedule 2—Cricket World Cup 2015 53 1 Cricket World Cup 2015 is a major sporting event..........................53
2 Authorising body for Cricket World Cup 2015 ...............................53
3 Event bodies for Cricket World Cup 2015 ......................................53
4 Protected indicia for Cricket World Cup 2015 ................................53
5 When protected indicia and images relate to an event body
for the Cricket World Cup 2015 ......................................................56
6 Protection period for Cricket World Cup 2015................................56
Schedule 3—Gold Coast 2018 Commonwealth Games 57 1 Gold Coast 2018 Commonwealth Games is a major sporting
event ................................................................................................57
2 Authorising body for Gold Coast 2018 Commonwealth
Games..............................................................................................57
3 Event bodies for Gold Coast 2018 Commonwealth Games.............57
4 Protected indicia for Gold Coast 2018 Commonwealth
Games..............................................................................................57
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5 When protected indicia relate to an event body for the Gold
Coast 2018 Commonwealth Games.................................................59
6 When protected images relate to an event body for the Gold
Coast 2018 Commonwealth Games.................................................59
7 Protection period for Gold Coast 2018 Commonwealth
Games..............................................................................................60
8 Avoiding inconsistency between this Act and the
Commonwealth Games Arrangements Act 2011 (Qld) ....................60
9 Applying register provisions of the Commonwealth Games
Arrangements Act 2011 (Qld)..........................................................60
10 Limitation for actions for damages or account of profits .................61
Endnotes 62
Endnote 1—About the endnotes 62
Endnote 2—Abbreviation key 63
Endnote 3—Legislation history 64
Endnote 4—Amendment history 65
ComLaw Authoritative Act C2015C00364
Preliminary Part 1
Section 1
Major Sporting Events (Indicia and Images) Protection Act 2014 1
Compilation No. 1 Compilation date: 1/7/15 Registered: 3/8/15
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
2 and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent. 27 May 2014
2. Sections 3 to
58
The later of:
(a) the day after this Act receives the Royal
Assent; and
(b) 1 July 2014.
1 July 2014
3. Schedules 1, 2
and 3
At the same time as the provision(s) covered
by table item 2.
1 July 2014
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Part 1 Preliminary
Section 3
2 Major Sporting Events (Indicia and Images) Protection Act 2014
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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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Preliminary Part 1
Section 5
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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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Part 1 Preliminary
Section 7
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(b) the Territory of Christmas Island; and
(c) the Territory of Cocos (Keeling) Islands.
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
(c) use for commercial purposes by any person by way of the use
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
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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:
(c) be in the form of a signboard; or
(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
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applied has a meaning affected by section 11.
Australia includes the following external Territories:
(a) Norfolk Island;
(b) the Territory of Christmas Island;
(c) the Territory of Cocos (Keeling) Islands.
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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Interpretation Part 2
Section 9
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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;
(c) an authorised person 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
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relevant authorisation: see subsection 16(4).
relevant court means:
(a) the Federal Court of Australia; or
(b) the Federal Circuit Court of Australia; or
(c) a court of a State or Territory that has jurisdiction in relation
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
(c) a public holiday in the Australian Capital Territory.
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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Interpretation Part 2
Section 12
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(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
(c) it would be concluded, by a reasonable person, that the
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
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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
(c) the application would suggest, to a reasonable person, that
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
(c) any of the following applies:
(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
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(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
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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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Regulation of use of protected indicia and images for commercial purposes Part 3
Introduction Division 1
Section 15
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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
14 Major Sporting Events (Indicia and Images) Protection Act 2014
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Division 2—Regulation of use of protected indicia and
images for commercial purposes
16 Regulation of use of protected indicia and images for commercial
purposes
Person must not use protected indicia or images unless authorised
(1) A person must not use a major sporting event’s protected indicia or
images for commercial purposes during the event’s protection
period, except as provided by subsection (2) or (3).
Note: There may be an exception under subsection (5) if the person is
authorised to use, or is not prevented from using, the indicia or images
for commercial purposes under certain State or Territory laws.
(2) An event body for a major sporting event may use any of the
event’s protected indicia and images that relate to the event body
for commercial purposes during the event’s protection period.
Note: For when protected indicia and images relate to an event body for a
major sporting event, see the Schedule to this Act that covers the
event.
Authorisation for authorised persons
(3) An authorised person for a major sporting event may use, in
accordance with the relevant authorisation, any of the event’s
protected indicia and images for commercial purposes during the
event’s protection period.
Meaning of authorised person
(4) A person is an authorised person for a major sporting event if the
person has written authorisation (the relevant authorisation) from
either of the following to use any or all of the event’s protected
indicia or images for commercial purposes:
(a) an event body to which the protected indicia or images relate;
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Regulation of use of protected indicia and images for commercial purposes Part 3
Regulation of use of protected indicia and images for commercial purposes Division 2
Section 17
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(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
(c) the person has induced, or attempted to induce, a person,
whether by threats or promises or otherwise, to contravene
section 16; or
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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 17
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(d) the person has been in any way, directly or indirectly,
knowingly concerned in, or party to, the contravention by a
person of section 16; or
(e) the person has conspired with others to contravene
section 16.
ComLaw Authoritative Act C2015C00364
Regulation of use of protected indicia and images for commercial purposes Part 3
Registration requirements for authorised persons Division 3
Section 18
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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;
(c) the circumstances in which the authorised person is
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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Part 3 Regulation of use of protected indicia and images for commercial purposes
Division 3 Registration requirements for authorised persons
Section 19
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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.
ComLaw Authoritative Act C2015C00364
Regulation of use of protected indicia and images for commercial purposes Part 3
Registration requirements for authorised persons Division 3
Section 20
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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.
ComLaw Authoritative Act C2015C00364
Part 4 Importation of goods
Division 1 Introduction
Section 22
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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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Importation of goods Part 4
Introduction Division 1
Section 22
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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.
ComLaw Authoritative Act C2015C00364
Part 4 Importation of goods
Division 2 Objection to importation and seizure of goods
Section 23
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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;
(c) for a notice given by an authorised person in relation to
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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Importation of goods Part 4
Objection to importation and seizure of goods Division 2
Section 25
Major Sporting Events (Indicia and Images) Protection Act 2014 23
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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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Part 4 Importation of goods
Division 2 Objection to importation and seizure of goods
Section 25
24 Major Sporting Events (Indicia and Images) Protection Act 2014
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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
(c) there is in force under section 23 a notice of objection to
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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Importation of goods Part 4
Objection to importation and seizure of goods Division 2
Section 26
Major Sporting Events (Indicia and Images) Protection Act 2014 25
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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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Part 4 Importation of goods
Division 2 Objection to importation and seizure of goods
Section 27
26 Major Sporting Events (Indicia and Images) Protection Act 2014
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(c) if the notice is given to an objector—state the name and the
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
(c) 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 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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Importation of goods Part 4
Objection to importation and seizure of goods Division 2
Section 27
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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.
ComLaw Authoritative Act C2015C00364
Part 4 Importation of goods
Division 3 Forfeiture or release of seized goods
Section 28
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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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Importation of goods Part 4
Forfeiture or release of seized goods Division 3
Section 31
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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
(c) the goods have not been disposed of under section 36.
(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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Part 4 Importation of goods
Division 3 Forfeiture or release of seized goods
Section 33
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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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Importation of goods Part 4
Forfeiture or release of seized goods Division 3
Section 34
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(c) at the end of a period of 20 working days commencing on the
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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Division 3 Forfeiture or release of seized goods
Section 35
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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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Forfeiture or release of seized goods Division 3
Section 37
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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.
ComLaw Authoritative Act C2015C00364
Part 4 Importation of goods
Division 4 Miscellaneous
Section 38
34 Major Sporting Events (Indicia and Images) Protection Act 2014
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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:
ComLaw Authoritative Act C2015C00364
Importation of goods Part 4
Miscellaneous Division 4
Section 40
Major Sporting Events (Indicia and Images) Protection Act 2014 35
Compilation No. 1 Compilation date: 1/7/15 Registered: 3/8/15
(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.
ComLaw Authoritative Act C2015C00364
Part 4 Importation of goods
Division 4 Miscellaneous
Section 43
36 Major Sporting Events (Indicia and Images) Protection Act 2014
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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;
(c) the Territory of Cocos (Keeling) Islands.
ComLaw Authoritative Act C2015C00364
Remedies Part 5
Section 44
Major Sporting Events (Indicia and Images) Protection Act 2014 37
Compilation No. 1 Compilation date: 1/7/15 Registered: 3/8/15
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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Part 5 Remedies
Section 46
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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.
ComLaw Authoritative Act C2015C00364
Remedies Part 5
Section 47
Major Sporting Events (Indicia and Images) Protection Act 2014 39
Compilation No. 1 Compilation date: 1/7/15 Registered: 3/8/15
47 Corrective advertisements
(1) The authorising body for a major sporting event may, during the
event’s protection period, apply to a relevant court for an order
requiring a person to publish a corrective advertisement at the
person’s expense.
(2) The court may make the order if the court is satisfied that the
person has engaged in conduct contravening section 16 in relation
to the event.
(3) The order must:
(a) specify the means (including a broadcast) by which the
person must publish the advertisement; and
(b) specify the times at which the advertisement must be
published.
(4) The terms of the advertisement must either:
(a) be specified in the order; or
(b) be determined in accordance with the order.
(5) This section does not limit the generality of section 45
(injunctions) and applies whether or not relief is granted under that
section.
48 Damages or accounts of profits
(1) If an official user for a major sporting event suffers loss or damage
as a result of anything done by a person that contravenes section 16
in relation to the event, the official user may bring an action in a
relevant court against the person.
Note: See also subsections (6), (7) and (8).
(2) The relief that the court may grant in an action under this section
is, at the option of the official user, either damages or an account of
profits.
(3) The action must be brought within 3 years after the day on which
the contravention occurred.
ComLaw Authoritative Act C2015C00364
Part 5 Remedies
Section 49
40 Major Sporting Events (Indicia and Images) Protection Act 2014
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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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Remedies Part 5
Section 50
Major Sporting Events (Indicia and Images) Protection Act 2014 41
Compilation No. 1 Compilation date: 1/7/15 Registered: 3/8/15
(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.
ComLaw Authoritative Act C2015C00364
Part 5 Remedies
Section 50
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(4) This section applies subject to subsections 48(6) and (7) (limitation
on bringing or continuing actions).
ComLaw Authoritative Act C2015C00364
Groundless threats Part 6
Section 51
Major Sporting Events (Indicia and Images) Protection Act 2014 43
Compilation No. 1 Compilation date: 1/7/15 Registered: 3/8/15
Part 6—Groundless threats
51 Simplified outline of this Part
If an official user makes a groundless threat to make an application
or bring an action under this Act, any person aggrieved may bring
an action in a relevant court seeking a declaration or injunction, or
damages for loss that the person has suffered as a result of the
threat.
A person may not bring or continue such an action if the official
user has made an application, or brought an action, under Part 5
against the threatened person in relation to the act, or proposed act,
to which the threat related.
It is a defence for an official user that the conduct of the threatened
person, in relation to which the threat was made, contravenes
section 16.
An official user may make a counterclaim for any relief to which
the official user would be entitled under Part 5.
52 Groundless threats of legal proceedings
(1) If an official user threatens to make an application, or bring an
action, under this Act against a person (the threatened person) on
the ground that the threatened person has engaged, is engaging, or
is proposing to engage in conduct that contravenes section 16, any
person aggrieved by the threat may bring an action in a relevant
court against the official user.
(2) Neither of the following alone constitute a threat to make an
application, or bring an action, for the purposes of subsection (1):
(a) a notification that a visual or aural representation is a
protected image for a major sporting event;
ComLaw Authoritative Act C2015C00364
Part 6 Groundless threats
Section 52
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(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
(c) award damages for loss that the person aggrieved has
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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Groundless threats Part 6
Section 52
Major Sporting Events (Indicia and Images) Protection Act 2014 45
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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.
ComLaw Authoritative Act C2015C00364
Part 7 Miscellaneous
Section 53
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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
(c) the making of rules by the Minister.
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;
(c) the Trade Marks Act 1995;
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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Miscellaneous Part 7
Section 56
Major Sporting Events (Indicia and Images) Protection Act 2014 47
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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;
(c) prohibits the use of different expressions or images in
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;
(c) requires different details to be included on a register that is
required to be established under that law in relation to
authorisations to use particular expressions or images to the
details that are required to be included on a register
established under this Act.
56 Constitutional safety net—acquisition of property
This Act does not apply to the extent (if any) to which:
(a) the operation of this Act would result in the acquisition of
property (within the meaning of paragraph 51(xxxi) of the
Constitution) from a person otherwise than on just terms
(within the meaning of that paragraph); and
(b) the acquisition would be invalid because of
paragraph 51(xxxi) of the Constitution.
ComLaw Authoritative Act C2015C00364
Part 7 Miscellaneous
Section 57
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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.
ComLaw Authoritative Act C2015C00364
Asian Football Confederation Asian Cup 2015 Schedule 1
Clause 1
Major Sporting Events (Indicia and Images) Protection Act 2014 49
Compilation No. 1 Compilation date: 1/7/15 Registered: 3/8/15
Schedule 1—Asian Football Confederation
Asian Cup 2015 Note: See section 9.
1 AFC Asian Cup 2015 is a major sporting event
(1) The event known as the Asian Football Confederation Asian Cup
2015 is a major sporting event covered by this Schedule.
(2) In this Schedule:
AFC Asian Cup 2015 means the event mentioned in subclause (1).
2 Authorising body for AFC Asian Cup 2015
The body known as the Asian Football Confederation is the
authorising body for the AFC Asian Cup 2015.
3 Event bodies for AFC Asian Cup 2015
The following are event bodies for the AFC Asian Cup 2015:
(a) the authorising body;
(b) Local Organising Committee AFC Asian Cup 2015 Australia
(ACN 15 777 1330);
(c) the body known as Football Federation Australia.
4 Protected indicia for AFC Asian Cup 2015
(1) The following are protected indicia for the AFC Asian Cup 2015:
(a) any of the following:
(i) AC2015;
(ii) AFC Asian Cup;
(iii) AFC Asian Cup 2015 Qualifiers;
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Schedule 1 Asian Football Confederation Asian Cup 2015
Clause 4
50 Major Sporting Events (Indicia and Images) Protection Act 2014
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(iv) AFC Asian Cup Australia 2015;
(v) AFC Asian Football Confederation;
(vi) Asian Cup;
(vii) Asian Cup 2015;
(viii) Asian Cup Australia 2015;
(ix) Local Organising Committee AFC Asian Cup Australia
2015;
(b) any combination of a Table A expression (see subclause (2))
with a Table B expression (see subclause (3));
(c) any expression, or any combination of one or more
expressions, that is prescribed by the rules.
(2) For the purposes of paragraph (1)(b), the Table A expressions for
the AFC Asian Cup 2015 are set out in the following table:
Table A expressions
Item Expressions
1 AC2015
2 AFC Asian Cup
3 AFC Asian Cup Australia
4 Asian Cup
5 Asian Football Confederation
6 Asian Football Cup
7 Asian Soccer Cup
(3) For the purposes of paragraph (1)(b), the Table B expressions for
the AFC Asian Cup 2015 are set out in the following table:
Table B expressions
Item Expressions
1 2015
2 agent
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Asian Football Confederation Asian Cup 2015 Schedule 1
Clause 4
Major Sporting Events (Indicia and Images) Protection Act 2014 51
Compilation No. 1 Compilation date: 1/7/15 Registered: 3/8/15
Table B expressions
Item Expressions
3 broadcaster
4 caterer
5 champions
6 championship
7 city
8 commercial
9 country
10 event
11 Fanzone
12 finalists
13 football
14 goal scorer
15 hospitality
16 host
17 hotel
18 licensed
19 licensee
20 local
21 merchandise
22 most valuable player
23 MVP
24 official
25 partner
26 product
27 qualifier
28 retail
29 shop
30 soccer
31 sponsor
ComLaw Authoritative Act C2015C00364
Schedule 1 Asian Football Confederation Asian Cup 2015
Clause 5
52 Major Sporting Events (Indicia and Images) Protection Act 2014
Compilation No. 1 Compilation date: 1/7/15 Registered: 3/8/15
Table B expressions
Item Expressions
32 store
33 supplier
34 supporter
35 Team of the Tournament
36 ticketing
37 training site
38 travel
39 trophy
40 venue
5 When protected indicia and images relate to an event body for the
AFC Asian Cup 2015
(1) Protected indicia and images for the AFC Asian Cup 2015 relate to
the authorising body, except as prescribed by the rules.
(2) Protected indicia or images relate to any other event body for the
AFC Asian Cup 2015 as prescribed by the rules.
6 Protection period for AFC Asian Cup 2015
The protection period for the AFC Asian Cup 2015 is the period:
(a) starting at the commencement of this clause; and
(b) ending on:
(i) 30 June 2015; or
(ii) an earlier day prescribed by the rules.
ComLaw Authoritative Act C2015C00364
Cricket World Cup 2015 Schedule 2
Clause 1
Major Sporting Events (Indicia and Images) Protection Act 2014 53
Compilation No. 1 Compilation date: 1/7/15 Registered: 3/8/15
Schedule 2—Cricket World Cup 2015 Note: See section 9.
1 Cricket World Cup 2015 is a major sporting event
The event known as the Cricket World Cup 2015 is a major
sporting event covered by this Schedule.
2 Authorising body for Cricket World Cup 2015
ICC Development (International) Ltd (ABN 45 840 543 432) is the
authorising body for the Cricket World Cup 2015.
3 Event bodies for Cricket World Cup 2015
The following are event bodies for the Cricket World Cup 2015:
(a) the authorising body;
(b) the body known as the International Cricket Council;
(c) Cricket World Cup 2015 Ltd (ACN 16 267 2675);
(d) the body known as Cricket Australia.
4 Protected indicia for Cricket World Cup 2015
(1) The following are protected indicia for the Cricket World Cup
2015:
(a) any of the following:
(i) Cricket World Champions;
(ii) Cricket World Cup;
(iii) Cricket World Cup 2015;
(iv) Cricket World Cup Champions;
(v) Cricket World Tournament;
(vi) Cricket World Tournament Sponsor;
(vii) Cricket World Trophy;
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Schedule 2 Cricket World Cup 2015
Clause 4
54 Major Sporting Events (Indicia and Images) Protection Act 2014
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(viii) CWC;
(ix) CWC2015;
(x) ICC Cricket World Cup;
(xi) International Cricket Council;
(b) any combination of a Table A expression (see subclause (2))
with a Table B expression (see subclause (3));
(c) any expression, or any combination of one or more
expressions, that is prescribed by the rules.
(2) For the purposes of paragraph (1)(b), the Table A expressions for
the Cricket World Cup 2015 are set out in the following table:
Table A expressions
Item Expressions
1 Cricket World Cup
2 CWC
3 ICC
4 ICC Cricket World Cup
5 ICC Cricket World Cup event
6 ICC World Cup
7 International Cricket Council
8 World Cup Cricket
(3) For the purposes of paragraph (1)(b), the Table B expressions for
the Cricket World Cup 2015 are set out in the following table:
Table B expressions
Item Expressions
1 2015
2 agent
3 broadcast
4 broadcaster
ComLaw Authoritative Act C2015C00364
Cricket World Cup 2015 Schedule 2
Clause 4
Major Sporting Events (Indicia and Images) Protection Act 2014 55
Compilation No. 1 Compilation date: 1/7/15 Registered: 3/8/15
Table B expressions
Item Expressions
5 caterer
6 champion
7 city
8 commercial
9 Fanzone
10 finalist
11 finalists
12 hospitality
13 host
14 licensed
15 licensee
16 merchandise
17 merchandiser
18 nation
19 official
20 partner
21 product
22 qualifier
23 retail
24 sponsor
25 store
26 supplier
27 ticket
28 ticketing
29 travel
30 trophy
31 venue
ComLaw Authoritative Act C2015C00364
Schedule 2 Cricket World Cup 2015
Clause 5
56 Major Sporting Events (Indicia and Images) Protection Act 2014
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5 When protected indicia and images relate to an event body for the
Cricket World Cup 2015
(1) Protected indicia and images for the Cricket World Cup 2015
relate to the authorising body, except as prescribed by the rules.
(2) Protected indicia or images relate to any other event body for the
Cricket World Cup 2015 as prescribed by the rules.
6 Protection period for Cricket World Cup 2015
The protection period for the Cricket World Cup 2015 is the
period:
(a) starting at the commencement of this clause; and
(b) ending on:
(i) 31 March 2016; or
(ii) an earlier day prescribed by the rules.
ComLaw Authoritative Act C2015C00364
Gold Coast 2018 Commonwealth Games Schedule 3
Clause 1
Major Sporting Events (Indicia and Images) Protection Act 2014 57
Compilation No. 1 Compilation date: 1/7/15 Registered: 3/8/15
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;
(c) the Australian Commonwealth Games Association (ABN
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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Schedule 3 Gold Coast 2018 Commonwealth Games
Clause 4
58 Major Sporting Events (Indicia and Images) Protection Act 2014
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(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;
(c) any expression, or any combination of one or more
expressions, that is prescribed by the rules.
(2) For the purposes of paragraph (1)(b), the table is as follows:
Combinations of expressions
Item List A List B
1 21st
2018
Comm Games
Commonwealth Games
2 Commonwealth Games
Commonwealth Games athlete
Bronze
Gold
Silver
3 Australian Commonwealth Games
team
GC2018
Gold Coast
Gold Coast 2018
4 Australian Commonwealth Games
team
Commonwealth Games
Celebrating 2018
Coast Games
Delivering 2018
Embracing 2018
Gold Coast 2018 Arts and
Community Festival Program
Gold Coast 2018 Cultural Program
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Gold Coast 2018 Commonwealth Games Schedule 3
Clause 5
Major Sporting Events (Indicia and Images) Protection Act 2014 59
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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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Schedule 3 Gold Coast 2018 Commonwealth Games
Clause 7
60 Major Sporting Events (Indicia and Images) Protection Act 2014
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(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
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10 Limitation for actions for damages or account of profits
For paragraph 48(6)(a) of this Act, sections 62 (Damages) and 63
(Account of profits) of the Commonwealth Games Arrangements
Act 2011 (Qld) are specified in relation to the Gold Coast 2018
Commonwealth Games.
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Endnotes
Endnote 1—About the endnotes
62 Major Sporting Events (Indicia and Images) Protection Act 2014
Compilation No. 1 Compilation date: 1/7/15 Registered: 3/8/15
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
Endnotes about misdescribed amendments and other matters are included in a
compilation only as necessary.
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.
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
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.
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Endnotes
Endnote 2—Abbreviation key
Major Sporting Events (Indicia and Images) Protection Act 2014 63
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Endnote 2—Abbreviation key
A = Act o = order(s)
ad = added or inserted Ord = Ordinance
am = amended orig = original
amdt = amendment par = paragraph(s)/subparagraph(s)
c = clause(s) /sub-subparagraph(s)
C[x] = Compilation No. x pres = present
Ch = Chapter(s) prev = previous
def = definition(s) (prev…) = previously
Dict = Dictionary Pt = Part(s)
disallowed = disallowed by Parliament r = regulation(s)/rule(s)
Div = Division(s) Reg = Regulation/Regulations
exp = expires/expired or ceases/ceased to have reloc = relocated
effect renum = renumbered
F = Federal Register of Legislative Instruments rep = repealed
gaz = gazette rs = repealed and substituted
LI = Legislative Instrument s = section(s)/subsection(s)
LIA = Legislative Instruments Act 2003 Sch = Schedule(s)
(md) = misdescribed amendment can be given Sdiv = Subdivision(s)
effect SLI = Select Legislative Instrument
(md not incorp) = misdescribed amendment SR = Statutory Rules
cannot be given effect Sub-Ch = Sub-Chapter(s)
mod = modified/modification SubPt = Subpart(s)
No. = Number(s) underlining = whole or part not
commenced or to be commenced
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Endnotes
Endnote 3—Legislation history
64 Major Sporting Events (Indicia and Images) Protection Act 2014
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Endnote 3—Legislation history
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Major Sporting Events
(Indicia and Images)
Protection Act 2014
29, 2014 27 May
2014
s 3–58 and Sch 1–3: 1
July 2014 (s 2(1) items
2, 3)
Remainder: 27 May
2014 (s 2(1) item 1)
Customs and Other
Legislation Amendment
(Australian Border
Force) Act 2015
41, 2015 20 May
2015
Sch 5 (items 93, 94), Sch
6 (items 91–128) and
Sch 9: 1 July 2015 (s
2(1) items 2, 7)
Sch 6 (item 128),
Sch 9
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Endnotes
Endnote 4—Amendment history
Major Sporting Events (Indicia and Images) Protection Act 2014 65
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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 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
s 36 ................................................am No 41, 2015
s 37 ................................................am No 41, 2015
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Endnotes
Endnote 4—Amendment history
66 Major Sporting Events (Indicia and Images) Protection Act 2014
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Provision affected How affected
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
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