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Olympic Insignia Protection Act 1987
No. 27, 1987
Compilation No. 17
Compilation date: 24 February 2019
Includes amendments up to: Act No. 77, 2018
Registered: 25 February 2019
Prepared by the Office of Parliamentary Counsel, Canberra
About this compilation
This compilation
This is a compilation of the Olympic Insignia Protection Act 1987 that shows
the text of the law as amended and in force on 24 February 2019 (the
compilation date).
The notes at the end of this compilation (the endnotes) include information
about amending laws and the amendment history of provisions of the compiled
law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the
compiled law. Any uncommenced amendments affecting the law are accessible
on the Legislation Register (www.legislation.gov.au). The details of
amendments made up to, but not commenced at, the compilation date are
underlined in the endnotes. For more information on any uncommenced
amendments, see the series page on the Legislation Register for the compiled
law.
Application, saving and transitional provisions for provisions and
amendments
If the operation of a provision or amendment of the compiled law is affected by
an application, saving or transitional provision that is not included in this
compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see
the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as
modified but the modification does not amend the text of the law. Accordingly,
this compilation does not show the text of the compiled law as modified. For
more information on any modifications, see the series page on the Legislation
Register 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If a provision of the compiled law has been repealed in accordance with a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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Contents
Chapter 1—Introduction 1
Part 1.1—Introduction 1 1 Short title ...........................................................................................1
1A Simplified outline ..............................................................................1
Chapter 2—Copyright and design protection 2
Part 2.1—Introduction 2 2 Interpretation .....................................................................................2
2A Artistic work of olympic torch and flame may be prescribed ............4
3 Act to bind Crown .............................................................................4
4 Extension of Act to external Territories.............................................5
Part 2.2—Copyright protection 6 5 Ownership etc. of copyright in the olympic symbol ..........................6
Part 2.3—Design protection 7 6 Ownership of design of olympic symbol ...........................................7
7 Monopoly of design...........................................................................7
8 Infringement of monopoly in protected design..................................7
9 Remedies for infringement of monopoly in protected design ............9
9A Australian Consumer Law provides further remedies .......................9
10 Registration of designs ....................................................................10
11 Extension or reduction of protection periods in relation to
registered olympic designs ..............................................................12
11A Reduction of protection periods for registered torch and
flame designs...................................................................................13
12 Register of Olympic Designs...........................................................14
13 Delegation .......................................................................................15
14 Approved forms...............................................................................15
14A Doing act when Designs Office reopens after end of period
otherwise provided for doing act .....................................................15
Part 2.4—Miscellaneous 17 15 Certain purported dispositions or charges to be void.......................17
16 Validation of certain licences ..........................................................17
17 Application of the Copyright Act 1968 ............................................18
18 Protected designs not to be registered under the Designs Act
2003.................................................................................................19
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18A AOC to maintain Register of licences .............................................19
19 Certain marks not to be registered under the Trade Marks
Act 1995...........................................................................................20
20 Preservation of certain existing rights .............................................20
21 Compensation for acquisition of property .......................................21
Chapter 3—Protected olympic expressions 23
Part 3.1—Introduction 23
Division 1—General provisions 23
22 Object of Chapter ............................................................................23
23 Definitions.......................................................................................23
24 Protected olympic expressions ........................................................25
25 Chapter binds the Crown .................................................................26
26 Application of Chapter ....................................................................26
27 Additional operation of Chapter ......................................................26
Division 2—Use for commercial purposes etc. 28
28 Application of expressions or statements ........................................28
29 Sponsorship-like support .................................................................29
30 Use for commercial purposes ..........................................................29
31 Exemption—statements about past participation of
Olympians .......................................................................................31
32 Exemption—statements about preparation or training of
Olympians by sporting organisations and institutes.........................32
33 Exemption—statements about sports-related personal
services ............................................................................................34
34 Exemption—statements about supply of goods or services to
past teams or Games ........................................................................35
35 Certain uses not alone sufficient to suggest sponsorship or
sponsorship-like support..................................................................36
Part 3.2—Protection of protected olympic expressions 37 36 Regulation of use of protected olympic expressions........................37
37 Persons involved in contraventions of section 36............................37
Part 3.3—Licensing 38 38 Licensing by the AOC .....................................................................38
39 Limitation on licence.......................................................................38
40 AOC to maintain Register of licences .............................................38
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Part 3.4—Enforcement 39
Division 1—Remedies 39
41 Injunctions.......................................................................................39
42 Interim injunctions...........................................................................40
43 Corrective advertisements ...............................................................40
44 Damages ..........................................................................................40
45 Account of profits............................................................................41
46 Destruction or delivery of goods .....................................................41
47 Consent of the AOC to institute remedial proceedings....................42
48 Other remedies ................................................................................43
Division 2—Importation of goods 44
49 Definitions.......................................................................................44
50 Determinations about owners of goods ...........................................45
51 Importation of goods by the AOC ...................................................45
52 Notice of objection to importation...................................................45
53 Consent of the AOC to giving of notices.........................................46
54 Comptroller-General of Customs may seize goods .........................46
55 Notice of seizure..............................................................................47
56 Forfeiture of goods—by consent .....................................................48
57 Release of goods—no application for injunction.............................48
58 Application for injunction—additional parties, relief etc. ...............49
59 Disposal of goods ordered to be forfeited........................................51
60 Power of Comptroller-General of Customs to retain control
of goods ...........................................................................................51
61 Insufficient security .........................................................................51
62 Commonwealth not liable for loss etc. suffered because of
seizure..............................................................................................51
63 Modification in relation to Christmas Island etc..............................52
Division 3—Unjustified threats 53
64 Unjustified threats of legal proceedings ..........................................53
65 Counterclaim ...................................................................................53
Part 3.5—Jurisdiction of prescribed courts etc. 55 66 Prescribed courts .............................................................................55
67 Jurisdiction of Federal Court ...........................................................55
68 Jurisdiction of other prescribed courts.............................................55
69 Transfer of proceedings ...................................................................55
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Part 3.6—Miscellaneous 57 70 Concurrent operation of State and Territory laws............................57
71 Preservation of existing rights .........................................................57
72 Acquisition of property....................................................................58
73 Implied freedom of political communication...................................59
74 Chapter has effect in addition to contracts.......................................59
75 Validation of certain licences ..........................................................59
Chapter 4—Regulations 60
Part 4.1—Regulations 60 76 Regulations......................................................................................60
Schedule—Outline of the olympic symbol 61
Endnotes 62
Endnote 1—About the endnotes 62
Endnote 2—Abbreviation key 64
Endnote 3—Legislation history 65
Endnote 4—Amendment history 67
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Introduction Chapter 1
Introduction Part 1.1
Section 1
An Act to make provision for the protection of the
olympic insignia, for the regulation of the
commercial use of certain olympic expressions, and
for related purposes
Chapter 1—Introduction
Part 1.1—Introduction
1 Short title
This Act may be cited as the Olympic Insignia Protection Act
1987.
1A Simplified outline
The following is a simplified outline of this Act:
• Chapter 2 of this Act protects the olympic insignia by:
(a) making the AOC the owner of copyright in the
olympic symbol; and
(b) making the AOC the owner of certain olympic
designs; and
(c) providing that the olympic motto, the olympic
symbol and certain other olympic images must not
be registered as trade marks.
• Chapter 3 of this Act prohibits the commercial use of certain
olympic expressions unless the user holds a licence granted by
the AOC.
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Chapter 2 Copyright and design protection
Part 2.1 Introduction
Section 2
Chapter 2—Copyright and design protection
Part 2.1—Introduction
2 Interpretation
(1) In this Chapter, unless the contrary intention appears:
AOC or Australian Olympic Committee means the Australian
Olympic Committee Incorporated, being an association
incorporated on 24 April 1985 under the Associations
Incorporation Act 1981 of Victoria.
Australia, when used in a geographical sense, includes the external
Territories.
Australian Consumer Law means Schedule 2 to the Competition
and Consumer Act 2010 as applied under Subdivision A of
Division 2 of Part XI of that Act.
charge means a charge created in any way and includes a mortgage
and an agreement to give or execute a charge or mortgage, whether
upon demand or otherwise.
corresponding design, in relation to an artistic work, means a
design that, when applied to an article, results in a reproduction of
that work.
design of the olympic symbol means the design that, when applied
to any article, results in a reproduction of the olympic symbol.
Federal Court means the Federal Court of Australia.
monopoly, in relation to a protected design, means the exclusive
right to apply the design to any article to which the design is
capable of being applied.
olympic artistic work means:
(a) a prescribed olympic torch and flame; or
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(b) an artistic work that incorporates either but not both of the
following:
(i) the olympic symbol;
(ii) a prescribed olympic torch and flame.
olympic motto means:
(a) the motto expressed in Latin as citius, altius, fortius; and
(b) the motto expressed in English as faster, higher, stronger.
olympic symbol means the symbol an outline of which is set out in
the Schedule.
prescribed olympic torch and flame means an artistic work
prescribed under section 2A.
protected design means each of the following:
(a) the design of the olympic symbol;
(b) a registered olympic design;
(c) a registered torch and flame design.
protection period means:
(a) in relation to a registered olympic design—the period of 12
years starting on the day the design was registered, as
extended or reduced under section 11; or
(b) in relation to a registered torch and flame design for a
particular Summer or Winter Olympic Games—the period
starting:
(i) on the 1 January that is at least 3 years but less than 4
years before the opening of those Olympic Games; or
(ii) when the design is registered;
whichever is later, and ending on 31 December next after the
closing of those Olympic Games, as reduced under
section 11A.
registered design means a design registered under section 10.
registered olympic design means a design registered under this Act
in relation to an artistic work that incorporates the olympic symbol.
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registered torch and flame design means a design registered under
this Act in relation to an artistic work that is or incorporates a
prescribed olympic torch and flame.
Registrar means the Registrar of Designs holding office under the
Designs Act 2003.
reproduction, in relation to an artistic work, has the same meaning
as in the Copyright Act 1968.
(3) Unless the contrary intention appears, an expression used in this
Chapter and the Designs Act 2003 has the same meaning in this
Chapter as in the Designs Act 2003.
2A Artistic work of olympic torch and flame may be prescribed
(1) The regulations may prescribe a single artistic work of an olympic
torch and flame for a particular Summer Olympic Games or for a
particular Winter Olympic Games. The artistic work must not
incorporate the olympic symbol.
(2) The regulations must not prescribe an artistic work unless:
(a) copyright under the Copyright Act 1968 subsists in the
artistic work; and
(b) the AOC is the owner of the copyright in the artistic work.
(3) The Governor-General may not make a regulation prescribing an
artistic work for a particular Olympic Games before the 1 July that
is at least 31/2 years but less than 41/2 years before the opening of
those Olympic Games (that is, 6 months before the earliest date on
which the protection period for a registered torch and flame design
for those Olympic Games could start).
3 Act to bind Crown
Subject to Part VII of the Copyright Act 1968, this Chapter binds
the Crown in right of the Commonwealth, of each of the States and
of the Northern Territory.
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4 Extension of Act to external Territories
This Chapter extends to the external Territories.
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Section 5
Part 2.2—Copyright protection
5 Ownership etc. of copyright in the olympic symbol
(1) For the purposes of the Copyright Act 1968:
(a) the olympic symbol shall be taken to be an original artistic
work in which copyright subsists; and
(b) the AOC shall be taken to be the owner of the copyright in
the olympic symbol.
(2) Notwithstanding anything in the Copyright Act 1968:
(a) copyright in the olympic symbol subsists indefinitely; and
(b) a fair dealing with the olympic symbol does not constitute an
infringement of the copyright in the olympic symbol if it is
for the purpose of, or is associated with, the giving of
information (including the reporting of news):
(i) in a newspaper, magazine or similar periodical; or
(ii) by means of broadcasting or in a cinematograph film.
(3) An expression used in this section and in the Copyright Act 1968
has the same meaning in this section as it has in that Act.
(4) The AOC does not have the capacity to bring an action or
proceeding under the law of a foreign country for an infringement
of copyright in the olympic symbol.
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Part 2.3—Design protection
6 Ownership of design of olympic symbol
The AOC is taken to be the owner of:
(a) the design of the olympic symbol; and
(b) any registered olympic design that was registered under this
Act immediately before the commencement of the Olympic
Insignia Protection Amendment Act 1994.
7 Monopoly of design
(1) The AOC has a monopoly in a protected design.
(2) The rights of the AOC with respect to a protected design are
personal property and, subject to this Chapter, the laws applicable
to ownership of personal property apply in relation to the
monopoly in the design as they apply in relation to other choses in
action.
8 Infringement of monopoly in protected design
(1) A person infringes the monopoly in a protected design if:
(a) in the case of the design of the olympic symbol—at any time;
or
(b) in the case of a registered olympic design or registered torch
and flame design—during the protection period in relation to
that design;
the person, without the licence of the AOC:
(c) applies the design or any fraudulent or obvious imitation of it
to any article;
(d) imports into Australia for sale, or for use for the purposes of
any trade or business, any article to which the design or any
fraudulent or obvious imitation of it has been applied,
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whether before or after the commencement of this Act,
outside Australia; or
(e) sells, or offers or keeps for sale, or hires, or offers or keeps
for hire:
(i) any article to which the design or any fraudulent or
obvious imitation of it has been applied in infringement
of the monopoly in the design; or
(ii) any article:
(A) to which the design or any fraudulent or
obvious imitation of it has been applied; and
(B) that has been imported into Australia in
infringement of the monopoly in the design.
(2) A person does not infringe the monopoly in a protected design by
virtue of the application of paragraph (1)(c) or
subparagraph (1)(e)(i) in relation to an article if, at the time when
the person did the act that, but for this subsection, would have
constituted the infringement, the person did not intend that the
article would be used in Australia at a later time by any person.
(3) Subject to subsection (4), if a person infringes the monopoly in a
protected design:
(a) the AOC; or
(b) a holder of a licence in relation to the design whose interests
have been, are or would be affected by the infringement;
may bring an action or proceeding against the person in the Federal
Court for infringement of the monopoly in the design.
(4) An action or proceeding for infringement of the monopoly in a
protected design shall not be instituted by the holder of a licence in
relation to the design without the consent of the AOC.
(5) Where:
(a) a person, being the holder of a licence in relation to a
protected design, applies, by notice in writing served on the
AOC, for the consent of the AOC under subsection (4) to the
institution by the person of an action or proceeding for
infringement of the monopoly in the design; and
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(b) the AOC does not grant or refuse that consent before the end
of the period of 7 days after the day on which the notice was
served;
the AOC shall, at the end of that period, be deemed to have granted
that consent under subsection (4).
(6) Consent under subsection (4) to the institution of an action or
proceeding shall not be unreasonably refused.
(7) Subsection (4) does not affect the granting of an interlocutory
injunction on the application of a holder of a licence in relation to a
protected design.
(8) For the purposes of this section, a design shall not be taken not to
be a fraudulent or obvious imitation of a registered olympic design
by reason only that the first-mentioned design does not incorporate
the design of the olympic symbol.
(9) For the purposes of this section, a design may be a fraudulent or
obvious imitation of a registered torch and flame design in relation
to an artistic work that incorporates a prescribed torch and flame
even though the first-mentioned design relates to an artistic work
that does not include the prescribed olympic torch and flame.
9 Remedies for infringement of monopoly in protected design
The relief that the Federal Court may grant in an action or
proceeding for the infringement of the monopoly in a protected
design includes an injunction (subject to such terms, if any, as the
Court thinks fit) and, at the option of the plaintiff, either damages
or an account of profits.
9A Australian Consumer Law provides further remedies
(1) The remedies provided under this Chapter in relation to protected
designs 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:
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(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 corporation as defined in that Act has a sponsorship,
approval or affiliation that it does not have (see
paragraph 29(1)(h) of the Australian Consumer Law).
(2) The references in subsection (1) 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 that
is also covered by this Chapter.
10 Registration of designs
(1) The AOC may apply to the Registrar to register under this Act the
design that, when applied to any article, results in a reproduction of
an olympic artistic work.
(2) An application:
(a) must be in accordance with an approved form; and
(b) must be accompanied by the prescribed fee; and
(c) must be lodged by being left at, or delivered by post to, the
Designs Office.
(3) The Registrar must cause notice of an application to be published
in the Gazette and in the Official Journal.
(4) A notice of an application must invite persons who wish to object
to the grant of the application on any relevant grounds to make
representations in connection with the application by a day
specified in the notice.
(5) The day specified in the notice must be at least 60 days after the
date of the notice.
(6) A person may, not later than the day specified in the notice, make
representations to the Registrar about the application in accordance
with an approved form.
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(7) Subject to subsection (8), after the Registrar has considered any
representations made about the application, the Registrar must
register the design if, and only if:
(a) copyright under the Copyright Act 1968 subsists in the
olympic artistic work; and
(b) the AOC is the owner of the copyright in the olympic artistic
work; and
(c) the AOC is the owner of the design; and
(d) no other person has an interest in the design; and
(e) no corresponding design in relation to the olympic artistic
work is registered under the Designs Act 2003; and
(f) upon registration of the design, there would be no more than
10 registered designs with unexpired protection periods
(including registered designs whose protection periods have
not yet started).
(8) A design must not be registered under this section unless it is a
new or original design and in particular, must not be registered if
the design:
(a) differs from a published design only in immaterial details or
in features commonly used in a relevant trade; or
(b) is an obvious adaptation of a published design.
(9) For the purposes of subsection (8), a design in relation to an artistic
work is not to be treated:
(a) as other than new or original; or
(b) as having been published or used;
merely because of any use made of the artistic work by the AOC
before the day on which the application for registration of the
design was lodged.
(10) Where the Registrar decides under subsection (7) to register, or to
refuse to register, a design, the Registrar must cause notice of that
decision to be published in the Gazette and in the Official Journal.
(11) An appeal lies to the Federal Court from the decision of the
Registrar to register, or to refuse to register, a design.
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(12) In this section:
published design, in relation to an application under this section,
means a design that:
(a) was registered under the Designs Act 2003; or
(b) was published or used in Australia in respect of any article;
before the day on which the application was lodged.
(13) For the purposes of the definition of published design in
subsection (12), any secret use of the design is to be disregarded.
11 Extension or reduction of protection periods in relation to
registered olympic designs
(1) The AOC may, not later than 6 months before the end of the
protection period in relation to a registered olympic design
(including a protection period that has been extended or reduced
under this section), apply to the Registrar for that period to be
extended by a further period of 12 years.
(2) An application under subsection (1):
(a) must be in accordance with an approved form; and
(b) must be accompanied by the prescribed fee; and
(c) must be lodged by being left at, or delivered by post to, the
Designs Office.
(3) Where an application is made under subsection (1), the Registrar
shall cause notice of the application to be published in the Gazette
and in the Official Journal.
(4) A notice of an application shall invite persons who wish to object
to the grant of the application on any relevant grounds to make
representations in connection with the application by such date, not
being a date earlier than 60 days after the date of the notice, as is
specified in the notice.
(5) A person may, not later than the date specified in the notice, make
representations to the Registrar in connection with the application
in accordance with an approved form.
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(6) After the Registrar has considered any such representations made
in respect of an application for the extension of the protection
period in relation to a registered olympic design, the Registrar
shall, before the end of the protection period, extend the protection
period for a further period of 12 years if the Registrar would be
required to register the design if an application for registration of
the design had been made immediately after the end of the
protection period.
(7) The Registrar shall, on the application of the AOC made in
accordance with an approved form, reduce the duration of the
protection period in relation to a registered olympic design.
(8) Where the protection period in relation to a registered olympic
design ends or is extended, the Registrar shall cause notice of the
end or extension to be published in the Gazette and in the Official
Journal.
(9) Where the Registrar makes a decision under subsection (6)
refusing to extend a protection period, the Registrar shall cause
notice of the decision to be published in the Gazette and in the
Official Journal.
(10) An appeal lies to the Federal Court from a decision of the Registrar
under subsection (6) to extend or to refuse to extend a protection
period.
11A Reduction of protection periods for registered torch and flame
designs
(1) The Registrar must, on the application of the AOC made in
accordance with an approved form, reduce the duration of the
protection period in relation to a registered torch and flame design.
(2) Where the protection period in relation to a registered torch and
flame design ends, the Registrar must cause notice of the end of
that period to be published in the Gazette and in the Official
Journal.
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12 Register of Olympic Designs
(1) There shall be kept at the Designs Office a Register of Olympic
Designs.
(2) The Registrar shall enter in the Register of Olympic Designs
particulars of:
(a) registered olympic designs; and
(b) the end and extension of protection periods in relation to
registered olympic designs; and
(ba) registered torch and flame designs; and
(bb) the end of protection periods in relation to registered torch
and flame designs; and
(c) any other prescribed matters.
(3) The Register of Olympic Designs shall be open to the inspection of
the public at the times, and on payment of the fees (if any),
prescribed for the purposes of this section.
(4) The regulations may make further provision with respect to the
Register of Olympic Designs, including, but without limiting the
generality of the foregoing, provision for the correction of errors in
the Register of Olympic Designs.
(5) Section 131 of the Designs Act 2003 applies in relation to the
Register of Olympic Designs in the same manner as it applies in
relation to the Register of Designs.
(6) The Federal Court, on the application of a person aggrieved, may
order the rectification of the Register of Olympic Designs by:
(a) the making of any entry wrongly omitted to be made in the
Register of Olympic Designs; or
(b) the expunging or amendment of any entry wrongly made in
or remaining on the Register of Olympic Designs; or
(c) the correcting of any error or defect in the Register of
Olympic Designs.
(7) Notice of each application under subsection (6) shall be given to
the Registrar, who may be heard on the application.
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(8) A copy of an order under subsection (6) shall be served on the
Registrar, who shall, on receipt of the order, take such steps as are
necessary to give effect to the order.
(9) A defendant in an action or proceeding for the infringement of the
monopoly in a protected design may apply, by way of
counter-claim in the action or proceeding, for the rectification of
the Register of Olympic Designs by the expunging of the entry of
the registration of the design from the Register of Olympic
Designs.
13 Delegation
Section 124 of the Designs Act 2003 applies in relation to the
Registrar’s powers under this Part in the same manner in which it
applies in relation to the Registrar’s powers under that Act.
14 Approved forms
(1) A reference in this Part to an approved form is a reference to a
form approved by the Registrar in writing.
(2) An approved form may require any statement in the form to be
verified by a statutory declaration accompanying the form.
14A Doing act when Designs Office reopens after end of period
otherwise provided for doing act
(1) If the last day of a period provided by this Chapter (except this
section), or regulations made for the purposes of this Chapter, for
doing an act is a day when the Designs Office is not open for
business, the act may be done in prescribed circumstances on the
next day when the office is open for business.
(2) For the purposes of this section, the Designs Office is taken not to
be open for business on a day:
(a) declared by regulations to be a day on which the office is not
open for business; or
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(b) declared, by a prescribed person in writing published in the
prescribed way, to be a day on which the office is not open
for business.
Declarations
(3) A declaration mentioned in paragraph (2)(a) or (b) may identify the
day by reference to its being declared a public holiday by or under
a law of a State or Territory. This does not limit the way the
declaration may identify the day.
(4) A declaration mentioned in paragraph (2)(b):
(a) may be made before, on or after the day; and
(b) is not a legislative instrument.
Relationship with other law
(5) This section has effect despite the rest of this Chapter.
(6) Subsection 36(2) of the Acts Interpretation Act 1901 does not
apply in relation to the act mentioned in subsection (1) of this
section.
Exception for prescribed act
(7) This section does not apply to a prescribed act.
Note: Subsection 36(2) of the Acts Interpretation Act 1901 is relevant to a
prescribed act.
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15 Certain purported dispositions or charges to be void
(1) A disposition, by assignment, declaration of trust or by any other
means, purporting to be made by the AOC of the whole or any part
of:
(a) its interest in the copyright in the olympic symbol; or
(b) its interest in a registered olympic design;
is void.
(2) A charge purporting to be given by the AOC with respect to an
asset of the AOC that consists of, or includes, the whole or any part
of:
(a) its interest in the copyright in the olympic symbol; or
(b) its interest in a registered olympic design;
is void.
(3) A disposition, by assignment, declaration of trust or by any other
means, purporting to be made by the AOC of the whole or any part
of its interest in a registered torch and flame design is void.
(4) A charge purporting to be given by the AOC with respect to an
asset of the AOC that consists of, or includes, the whole or any part
of its interest in a registered torch and flame design is void.
16 Validation of certain licences
Where, before the date of commencement of this Act, the AOC
purported to grant a licence for a particular period ending after that
date in respect of the copyright in, or the design of, the olympic
symbol, the licence is as valid and effectual as it would have been
if it had been granted on that date for the part of that period that
commenced on that date.
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17 Application of the Copyright Act 1968
(1) Division 8 of Part III of the Copyright Act 1968 does not apply in
relation to:
(a) the copyright in the olympic symbol; and
(aa) the copyright in a prescribed olympic torch and flame; and
(b) where the design in relation to an artistic work is registered
under this Act—the copyright in the artistic work.
(2) It is not an infringement of the copyright in the olympic symbol to
apply the design of the olympic symbol to an article.
(3) During the protection period in relation to a registered design,
being the design in relation to an artistic work, it is not an
infringement of the copyright in the artistic work to apply the
design to an article.
(4) Where:
(a) an artistic work incorporates the olympic symbol;
(b) the design in relation to the artistic work is registered under
this Act; and
(c) the protection period in relation to the design has ended;
it is not an infringement of the copyright in the artistic work to
apply a design to an article, being:
(d) a design that is a corresponding design in relation to an
artistic work that is a public domain version of the
first-mentioned artistic work; or
(e) a design that differs from the design referred to in
paragraph (d) only in immaterial details or in features
commonly used in a relevant trade.
(5) For the purposes of subsection (4), where an artistic work
incorporates the olympic symbol, the artistic work (if any) that
would result from the omission of the olympic symbol from the
first-mentioned artistic work shall be taken to be the public domain
version of the first-mentioned artistic work.
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(5A) Where the protection period in relation to a registered torch and
flame design has ended, it is not an infringement of the copyright
in the artistic work concerned to apply the design to an article.
(6) Where, by virtue of this section, it is not an infringement of the
copyright in an artistic work to apply a particular design to an
article at a particular time, it is not an infringement of the copyright
in the artistic work to do any of the following acts or things at that
time:
(a) import into Australia any article to which the design has been
applied;
(b) sell, offer or keep for sale, or hire, or offer or keep for hire,
any article to which the design has been applied.
18 Protected designs not to be registered under the Designs Act 2003
The Registrar shall not register under the Designs Act 2003:
(a) a protected design;
(b) a design incorporating a protected design;
(c) a design that differs from a protected design only in
immaterial details or in features commonly used in a relevant
trade; or
(d) a design that is an obvious adaptation of a protected design.
18A AOC to maintain Register of licences
(1) The AOC is to maintain a Register in which the AOC includes
prescribed particulars of:
(a) licences granted by the AOC in relation to copyright in the
olympic symbol; and
(b) licences granted by the AOC in relation to the protected
designs.
(2) The Register may be maintained by electronic means.
(3) The Register is to be made available for inspection on the internet.
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19 Certain marks not to be registered under the Trade Marks Act
1995
The Registrar of Trade Marks shall not register under the Trade
Marks Act 1995 a trade mark that contains or consists of any of the
following marks or a mark so nearly resembling any of those
marks as to be likely to be taken for that mark:
(a) the olympic motto;
(b) the olympic symbol;
(ba) where an artistic work of an olympic torch and flame is
prescribed for the purposes of section 2A—the artistic work;
(c) where the design in relation to an artistic work is registered
under this Act—the artistic work.
20 Preservation of certain existing rights
(1) Subject to subsection (3), nothing in this Chapter affects any rights
conferred by law on a person in respect of:
(a) a trade mark registered under the Trade Marks Act 1995; or
(b) a design registered under the Designs Act 2003.
(2) Subject to subsection (3), nothing in this Chapter affects the use of
a symbol by a person on or after a relevant date if, immediately
before that date, the person would have been entitled to prevent
another person from passing off, by means of the use of that
symbol or of a similar symbol, goods or services as the goods or
services of that first-mentioned person.
(2A) In subsection (2):
relevant date means each of the following:
(a) the date of commencement of this Act (23 June 1987);
(b) the date of commencement of the Olympic Insignia
Protection Amendment Act 1994;
(c) the date of registration of a registered torch and flame design.
(3) In an action or proceeding against:
(a) the AOC; or
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(b) the holder of a licence granted by the AOC in respect of:
(i) the copyright in, or the design of, the olympic symbol;
or
(ia) the copyright in a prescribed olympic torch and flame;
or
(ii) a design registered, or purporting to be registered, under
this Act;
for:
(c) the infringement of a trade mark registered under the Trade
Marks Act 1995;
(d) the infringement of the monopoly of a design registered
under the Designs Act 2003; or
(e) passing off arising out of the use of a symbol as mentioned in
subsection (2);
it is a defence if the defendant satisfies the court:
(f) that, at the time of the infringement or use, the defendant was
not aware that the trade mark or design was so registered, or
that the plaintiff was entitled to prevent the passing off, as the
case may be; and
(g) that the defendant had, before that time, taken all reasonable
steps to ascertain whether the trade mark was so registered, a
monopoly in the design so existed or the plaintiff had such an
entitlement to prevent a passing off, as the case may be.
21 Compensation for acquisition of property
(1) Where, but for this subsection, the operation of a provision of this
Chapter would result in the acquisition of property from a person
by another person otherwise than on just terms, there is payable to
the first-mentioned person by that other person such amount of
compensation as is agreed upon between those persons, or, failing
agreement, as is determined by the Federal Court.
(2) Any compensation recovered in proceedings that are instituted
under this section shall be taken into account in assessing damages
or compensation or giving any other remedy in proceedings that
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are instituted otherwise than by virtue of this Chapter and that arise
out of the same event or transaction.
(3) Any damages or compensation recovered or other remedy given in
proceedings that are instituted otherwise than by virtue of this
Chapter shall be taken into account in assessing compensation
payable in proceedings that are instituted under this section and
that arise out of the same event or transaction.
(4) In this section, acquisition of property and just terms have the
same respective meanings as in paragraph 51(xxxi) of the
Constitution.
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Part 3.1—Introduction
Division 1—General provisions
22 Object of Chapter
(1) The object of this Chapter is to protect, and to further, the position
of Australia as a participant in, and a supporter of, the world
Olympic movement.
(2) This object is to be achieved by facilitating the raising of licensing
revenue through the regulation of the use for commercial purposes
of certain expressions associated with the world Olympic
movement.
23 Definitions
In this Chapter, unless the contrary intention appears:
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.
AOC or Australian Olympic Committee means the Australian
Olympic Committee Incorporated, being an association
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incorporated on 24 April 1985 under the Associations
Incorporation Act 1981 of Victoria.
Australia, when used in a geographical sense, includes the
following external Territories:
(a) Christmas Island;
(b) Cocos (Keeling) Islands;
(c) Norfolk Island.
broadcast means a transmission by means of:
(a) a broadcasting service within the meaning of the
Broadcasting Services Act 1992; or
(b) something that would be such a broadcasting service if the
definition of broadcasting service in subsection 6(1) of that
Act were amended by omitting all the words from and
including “but does not include” to the end of the definition.
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 50 of this Act.
expression includes a single word.
Federal Court means the Federal Court of Australia.
IOC or International Olympic Committee means the organisation
created by the Congress of Paris on 23 June 1894, being the
organisation entrusted with the control and development of the
modern Olympic Games.
licence means a licence in force under section 38.
licensed user means a person in relation to whom a licence is in
force.
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national sporting organisation has the same meaning as in the
Australian Sports Anti-Doping Authority Act 2006.
Olympian means a person who:
(a) was accredited by the IOC as a competitor in a sports
competition in a Summer or Winter Olympic Games; and
(b) has competed in that sports competition.
prescribed court means a court that is a prescribed court under
section 66.
promote includes give publicity to.
protected olympic expression has the meaning given by section 24.
sponsorship-like support has the meaning given by section 29.
statement includes a statement made orally, in writing or in any
other way.
use for commercial purposes, in relation to a protected olympic
expression, has the meaning given by section 30.
24 Protected olympic expressions
(1) For the purposes of this Chapter, each of the following expressions
is a protected olympic expression:
(a) Olympic;
(b) Olympics;
(c) Olympic Games;
(d) Olympiad;
(e) Olympiads.
(2) For the purposes of this Chapter, an expression so closely
resembling a protected olympic expression mentioned in
subsection (1) as to be likely to be mistaken, by a reasonable
person, for such a protected olympic expression is taken to be a
protected olympic expression.
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(3) To avoid doubt, for the purposes of this Chapter, the expressions
“Olympian” and “Olympians” are taken not to resemble a
protected olympic expression mentioned in subsection (1).
25 Chapter binds the Crown
This Chapter binds the Crown in all its capacities.
26 Application of Chapter
This Chapter extends to:
(a) Christmas Island; and
(b) Cocos (Keeling) Island; and
(c) Norfolk Island; and
(d) the waters above the continental shelf of Australia; and
(e) the airspace above Australia and the continental shelf of
Australia.
27 Additional operation of Chapter
(1) Without prejudice to its effect apart from this section, this Chapter
also has effect as provided by this section.
(2) This Chapter has, by force of this subsection, the effect it would
have if each reference to use for commercial purposes were a
reference to:
(a) use for commercial purposes by a corporation to which
paragraph 51(xx) of the Constitution applies; 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
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(v) the use of postal, telegraphic, telephonic or other like
services; or
(vi) the making of a broadcast; or
(c) use for commercial purposes by any person that detrimentally
affects the rights conferred by or under this Chapter on a
licensed user that is a corporation to which paragraph 51(xx)
of the Constitution applies.
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Division 2—Use for commercial purposes etc.
28 Application of expressions or statements
(1) For the purposes of this Chapter, an expression or a statement is
taken to be applied to goods or services if:
(a) in the case of goods, the expression or statement:
(i) is woven in, impressed on, worked into, or affixed or
annexed to, the goods; or
(ii) is 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; or
(b) in the case of goods or services, the expression or statement:
(i) is used in an advertisement that promotes the goods or
services; or
(ii) is 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 Chapter, 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) In this section:
covering includes packaging, frame, wrapper, container, stopper,
lid or cap.
label includes a band or ticket.
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29 Sponsorship-like support
(1) For the purposes of this Chapter, a person provides
sponsorship-like support for:
(a) the AOC; or
(b) the IOC; or
(c) a Summer or Winter Olympic Games; or
(d) the organising committee for a Summer or Winter Olympic
Games; or
(e) an Australian Olympic team; or
(f) a section of an Australian Olympic team; or
(g) an individual member of an Australian Olympic team;
if, and only if, the person provides support on the understanding
(whether express or implied) that the support is provided in
exchange for a right to associate:
(h) the person; or
(i) goods or services of the person;
with the committee, games, team, section or individual concerned.
(2) A right mentioned in subsection (1) need not be legally
enforceable.
(3) An exchange mentioned in subsection (1) may be wholly or partly
for the right mentioned in that subsection.
30 Use for commercial purposes
(1) This section sets out the 2 situations in which a person is said to
use a protected olympic expression for commercial purposes.
Use for commercial purposes—situation (1)
(2) For the purposes of this Chapter, if:
(a) a person (the first person) causes a protected olympic
expression to be applied to goods or services of the first
person; and
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(b) the application is for advertising or promotional purposes, or
is likely to enhance the demand for the goods or services; and
(c) the application, to a reasonable person, would suggest that
the first person is or was a sponsor of, or is or was the
provider of sponsorship-like support for:
(i) the AOC; or
(ii) the IOC; or
(iii) a Summer or Winter Olympic Games; or
(iv) the organising committee for a Summer or Winter
Olympic Games; or
(v) an Australian Olympic team; or
(vi) a section of an Australian Olympic team; or
(vii) an individual member of an Australian Olympic team;
then:
(d) if the expression is applied in Australia—the application is
use by the first person of the expression for commercial
purposes; or
(e) if:
(i) the expression is applied to goods outside Australia; and
(ii) the goods are imported into Australia for the purpose of
sale or distribution; and
(iii) there is a designated owner of the goods;
the importation is use by the designated owner of the
expression for commercial purposes.
Use for commercial purposes—situation (2)
(3) For the purposes of this Chapter, if:
(a) a person (the first person), other than the AOC or a licensed
user, causes a protected olympic expression to be applied to
goods or services of the first person; and
(b) the application is for advertising or promotional purposes, or
is likely to enhance the demand for the goods or services; and
(c) the application, to a reasonable person, would suggest that
the first person is or was a sponsor of, or is or was the
provider of sponsorship-like support for:
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(i) the AOC; or
(ii) the IOC; or
(iii) a Summer or Winter Olympic Games; or
(iv) the organising committee for a Summer or Winter
Olympic Games; or
(v) an Australian Olympic team; or
(vi) a section of an Australian Olympic team; or
(vii) an individual member of an Australian Olympic team;
and
(d) any of the following conditions are satisfied in relation to a
person (the second person) other than the first person:
(i) in the case of goods or services—the second person
supplies, or offers to supply, the goods or services;
(ii) in the case of goods—the second person exposes the
goods for supply by the second person;
(iii) in the case of goods—the second person keeps the
goods for supply by the second person or by another
person;
the supply, offer, exposure or keeping, as the case may be, by the
second person is use by the second person of the expression for
commercial purposes.
Definition
(4) In this section:
supply includes:
(a) in the case of goods—supply (including re-supply) by way of
sale, exchange, lease, hire or hire-purchase; and
(b) in the case of services—provide, grant or confer.
31 Exemption—statements about past participation of Olympians
For the purposes of this Chapter, if:
(a) a person has been involved in a Summer or Winter Olympic
Games as an Olympian; and
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(b) the Games have ended; and
(c) the person makes, or authorises another person to make, a
statement that consists of, or includes, a factual reference to
that involvement; and
(d) the statement includes a protected olympic expression; and
(e) the statement is applied to goods or services; and
(f) the application of the statement is for advertising or
promotional purposes, or is likely to enhance the demand for
the goods or services; and
(g) the application of the statement would not suggest, to a
reasonable person, that any person is or was a sponsor of, or
is or was the provider of sponsorship-like support for:
(i) the AOC; or
(ii) the IOC; or
(iii) a Summer or Winter Olympic Games that has not
ended; or
(iv) the organising committee for a Summer or Winter
Olympic Games that has not ended; or
(v) an Australian Olympic team in relation to a Summer or
Winter Olympic Games that has not ended; or
(vi) a section of an Australian Olympic team in relation to a
Summer or Winter Olympic Games that has not ended;
or
(vii) an individual member of an Australian Olympic team in
relation to a Summer or Winter Olympic Games that has
not ended;
the application of the statement is to be disregarded for the
purposes of this Chapter.
32 Exemption—statements about preparation or training of
Olympians by sporting organisations and institutes
(1) For the purposes of this Chapter, if:
(a) a body that is:
(i) a national sporting organisation in relation to a sport; or
(ii) the Australian Sports Commission; or
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(iii) a State/Territory institute or academy of sport;
has been involved in preparing or training Olympians in
relation to a Summer or Winter Olympic Games; and
(b) the Games have ended; and
(c) the body makes, or authorises another person to make, a
statement that consists of, or includes, a factual reference to
that involvement; and
(d) the statement includes a protected olympic expression; and
(e) the statement is applied to goods or services; and
(f) the application of the statement is for advertising or
promotional purposes, or is likely to enhance the demand for
the goods or services; and
(g) the application of the statement would not suggest, to a
reasonable person, that any person is or was a sponsor of, or
is or was the provider of sponsorship-like support for:
(i) the AOC; or
(ii) the IOC; or
(iii) a Summer or Winter Olympic Games that has not
ended; or
(iv) the organising committee for a Summer or Winter
Olympic Games that has not ended; or
(v) an Australian Olympic team in relation to a Summer or
Winter Olympic Games that has not ended; or
(vi) a section of an Australian Olympic team in relation to a
Summer or Winter Olympic Games that has not ended;
or
(vii) an individual member of an Australian Olympic team in
relation to a Summer or Winter Olympic Games that has
not ended;
the application of the statement is to be disregarded for the
purposes of this Chapter.
(2) For the purposes of this section, a State/Territory institute or
academy of sport is a body that is recognised by the Government of
a State or Territory as the principal organisation within the State or
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Part 3.1 Introduction
Division 2 Use for commercial purposes etc.
Section 33
Territory that has responsibility for preparing elite sportsmen and
sportswomen for sporting competition at the elite level.
(3) For the purposes of this section:
(a) an organisation that is a part of another body is taken to be a
body in its own right; and
(b) anything done on behalf of, or in the name of, the
organisation by the other body is taken to have been done by
the organisation.
33 Exemption—statements about sports-related personal services
(1) For the purposes of this Chapter, if:
(a) a person has provided sports-related personal services (the
athlete services) to one or more Olympians in the person’s
capacity as a member of an Olympic team that participated in
a Summer or Winter Olympic Games; and
(b) the Games have ended; and
(c) the person makes, or authorises another person to make, a
factual statement about the provision of the athlete services;
and
(d) the subject matter of the statement is limited to the provision
of the athlete services; and
(e) the statement includes a protected olympic expression; and
(f) the statement is applied to sports-related personal services of
the person (the ordinary services) that are the same as, or
similar to, the athlete services; and
(g) the application of the statement is for advertising or
promotional purposes in relation to the ordinary services, or
is likely to enhance the demand for the ordinary services;
the application of the statement is to be disregarded for the
purposes of this Chapter.
(2) In this section:
sports-related personal services means any of the following:
(a) coaching services;
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Section 34
(b) medical or other health services;
(c) dietary consultative services;
(d) psychological or other counselling services;
(e) any similar services designed to maintain or enhance a
person’s sporting performance.
34 Exemption—statements about supply of goods or services to past
teams or Games
For the purposes of this Chapter, if:
(a) a person supplied goods or services (other than services
covered by paragraph 33(1)(a)) to:
(i) an Olympic team that participated in a Summer or
Winter Olympic Games; or
(ii) the organising committee for a Summer or Winter
Olympic Games; and
(b) the Games have ended; and
(c) the person makes, or authorises another person to make, a
factual statement about that supply; and
(d) the subject matter of the statement is limited to that supply;
and
(e) the statement identifies the Games in relation to which the
supply was made; and
(f) the statement includes a protected olympic expression; and
(g) the statement is applied to goods or services of the person
(the ordinary goods or services) that are the same as, or
similar to, the goods or services mentioned in paragraph (a);
and
(h) the application of the statement is for advertising or
promotional purposes in relation to the ordinary goods or
services, or is likely to enhance the demand for the ordinary
goods or services;
the application of the statement is to be disregarded for the
purposes of this Chapter.
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35 Certain uses not alone sufficient to suggest sponsorship or
sponsorship-like support
(1) To avoid doubt, for the purposes of this Chapter, the use of a
protected olympic expression for the purposes of, or in connection
with, the provision of information or for the purposes of criticism
or review is not alone sufficient to suggest a sponsorship, or the
provision of sponsorship-like support, for the purposes of
paragraph 30(2)(c) or (3)(c).
(2) In subsection (1):
(a) a reference to the provision of information includes a
reference to the reporting of news and the presentation of
current affairs; and
(b) a reference to criticism or review includes a reference to
criticism or review:
(i) in a newspaper, magazine or similar periodical; or
(ii) in a broadcast; or
(iii) on the internet; or
(iv) in a video recording or a film.
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Section 36
Part 3.2—Protection of protected olympic
expressions
36 Regulation of use of protected olympic expressions
(1) A person, other than the AOC, must not use a protected olympic
expression for commercial purposes.
(2) Subsection (1) does not apply to the use by a person of a protected
olympic expression if:
(a) the person is a licensed user; and
(b) the protected olympic expression is an expression that the
person is licensed to use; and
(c) that use is in accordance with the terms and conditions of the
licence.
37 Persons involved in contraventions of section 36
For the purposes of this Chapter, a person is taken to have
contravened section 36 if the person:
(a) has attempted to contravene section 36; or
(b) has aided, abetted, counselled or procured a person to
contravene section 36; or
(c) has induced, or attempted to induce, a person, whether by
threats or promises or otherwise, to contravene section 36; or
(d) has been in any way, directly or indirectly, knowingly
concerned in, or party to, the contravention by a person of
section 36; or
(e) has conspired with others to contravene section 36.
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Part 3.3 Licensing
Section 38
Part 3.3—Licensing
38 Licensing by the AOC
(1) For the purposes of this Chapter, the AOC may license a person to
use all, or any one or more, of the protected olympic expressions
mentioned in subsection 24(1) for commercial purposes:
(a) in all circumstances or in specified circumstances; or
(b) during a specified period or without any limitation as to time.
(2) This section is not intended to affect the capacity of the AOC to
determine the terms and conditions on which a person is licensed,
including terms and conditions relating to the payment of money.
39 Limitation on licence
A licence does not authorise the use of a protected olympic
expression for commercial purposes if the use is covered by
subsection 30(3).
40 AOC to maintain Register of licences
(1) The AOC is to maintain a Register in which the AOC includes
prescribed particulars of licences.
(2) The Register may be maintained by electronic means.
(3) The Register is to be made available for inspection on the internet.
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Section 41
Part 3.4—Enforcement
Division 1—Remedies
41 Injunctions
(1) If a person has engaged, is engaging, or is proposing to engage, in
conduct in contravention of section 36, a prescribed court may
grant an injunction:
(a) restraining the person from engaging in the conduct; and
(b) if, in the court’s opinion, it is desirable to do so—requiring
the person to do something.
(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.
(3) An injunction under this section may only be granted on the
application of the AOC or a licensed user.
(4) An injunction granted under this section on the application of a
person who is a licensed user may only relate to:
(a) a protected olympic expression to which the person’s licence
relates; or
(b) an expression so closely resembling the protected olympic
expression to which the person’s licence relates as is likely to
be mistaken, by a reasonable person, for that expression.
(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 instead of, any other powers of the court, whether
conferred by this Chapter or otherwise.
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Section 42
42 Interim injunctions
(1) A prescribed court may grant an interim injunction pending the
determination of an application under section 41.
(2) For the purposes of subsection (1) of this section, a contravention
of section 36 is taken to have caused immediate and irreparable
damage to the applicant.
43 Corrective advertisements
(1) If, on the application of the AOC, a prescribed court is satisfied
that a person has engaged in conduct constituting a contravention
of section 36, the court may make an order requiring the person:
(a) by such means (including a broadcast or internet publication)
as the court thinks fit; and
(b) at the person’s own expense; and
(c) at times specified in the order;
to publish advertisements the terms of which are specified in, or
are to be determined in accordance with, the order.
(2) Subsection (1) does not limit section 41.
(3) A court may make an order under subsection (1) whether or not
relief is granted under section 41.
44 Damages
(1) If the AOC or a licensed user suffers loss or damage as a result of
anything done by a person in contravention of section 36, the
amount of the loss or damage may be recovered by action in a
prescribed court.
(2) The action must be brought within 3 years after the day on which
the contravention occurred.
(3) The grant of an injunction under section 41 does not prevent the
recovery of loss or damages under this section.
(4) The AOC or a licensed user is not entitled to both:
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(a) the recovery of loss or damages under this section; and
(b) an account of profits under section 45;
in respect of the same contravention of section 36.
45 Account of profits
(1) If, on the application of the AOC or a licensed user, a prescribed
court is satisfied that a person has engaged in conduct in
contravention of section 36, the court may make an order granting
relief by way of an account of profits.
(2) The application must be made within 3 years after the day on
which the contravention occurred.
(3) An order made under this section on the application of a person
who is a licensed user may only relate to:
(a) a protected olympic expression to which the person’s licence
relates; or
(b) an expression so closely resembling the protected olympic
expression to which the person’s licence relates as is likely to
be mistaken, by a reasonable person, for that expression.
(4) A court may make an order under this section whether or not an
injunction is granted under section 41.
(5) The AOC or a licensed user is not entitled to both:
(a) an account of profits under this section; and
(b) the recovery of loss or damages under section 44;
in respect of the same contravention of section 36.
46 Destruction or delivery of goods
(1) If, on the application of the AOC or a licensed user, a prescribed
court is satisfied that a person has engaged in conduct constituting
a contravention of section 36 in relation to goods, the court may
order that the goods be:
(a) destroyed; or
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(b) delivered up to the AOC or to the licensed user, as the case
may be; or
(c) otherwise dealt with in such manner as the court thinks fit.
(2) An order made under this section on the application of a person
who is a licensed user may only relate to:
(a) a protected olympic expression to which the person’s licence
relates; or
(b) an expression so closely resembling the protected olympic
expression to which the person’s licence relates as is likely to
be mistaken, by a reasonable person, for that expression.
(3) A court may make an order under this section whether or not an
injunction is granted under section 41.
47 Consent of the AOC to institute remedial proceedings
(1) A licensed user must not:
(a) make an application for an injunction (other than an interim
injunction) under section 41; or
(b) bring an action for damages under section 44; or
(c) make an application for an order under section 45; or
(d) make an application for an order under section 46;
except with the written consent of the AOC.
(2) If:
(a) a licensed user gives the AOC a written request for consent
under subsection (1); and
(b) the AOC neither gives nor refuses that consent before the end
of the period of 8 days beginning on the day on which the
request was given;
the AOC is taken to have given the consent.
(3) Consent under subsection (1) must not be unreasonably refused.
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48 Other remedies
(1) The remedies provided under this Division 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 the AOC or a licensed user in relation to
conduct of a kind that constitutes a contravention of section 36.
(2) The remedies provided under this Division 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 corporation (as defined in that Act) has a sponsorship,
approval or affiliation that it does not have (see
paragraph 29(1)(h) of the Australian Consumer Law).
(3) Subsection (2) does not limit subsection (1).
(4) 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 constitutes a contravention of section 36 of this Act.
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Division 2 Importation of goods
Section 49
Division 2—Importation of goods
49 Definitions
In this Division, unless the contrary intention appears:
application period, in relation to seized goods, means:
(a) if there is only one objector to the importation of the goods—
the period specified in the notice given to the objector under
section 55 or, if that period is extended under
subsection 55(5), that period as so extended; or
(b) if there is more than one objector to the importation of the
goods—the period beginning on the earliest day on which a
period specified in a notice given to an objector under
section 55 commences and ending:
(i) on the last day on which a period specified in such a
notice ends; or
(ii) on the last day on which such a period as extended
under subsection 55(5) ends;
whichever is the later.
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.
objector, in relation to seized goods, means the person by whom a
notice in force under section 52 in relation to the goods was given.
officer of Customs has the meaning given by subsection 4(1) of the
Customs Act 1901.
seized goods means goods seized under section 54.
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.
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Section 50
50 Determinations about owners of goods
An officer of Customs may determine that a person is the owner of
goods for the purposes of paragraph (b) of the definition of
designated owner in section 23 if the person is an owner (within
the meaning of subsection 4(1) of the Customs Act 1901) of the
goods.
51 Importation of goods by the AOC
The AOC may import goods to which a protected olympic
expression has been applied, so long as the importation does not
contravene a law of the Commonwealth other than this Chapter.
52 Notice of objection to importation
(1) Subject to this section, the AOC or a licensed user may give the
Comptroller-General of Customs a written notice objecting to the
importation, after the day on which the notice is given, of goods
that have applied to them a protected olympic expression that the
designated owner of the goods is not authorised by, or licensed
under, this Chapter to use for commercial purposes in relation to
the goods.
(2) A notice:
(a) is to be given together with any prescribed document; and
(b) is to be accompanied by the prescribed fee (if any).
(3) A licensed user may only give a notice in relation to a protected
olympic expression that the person is licensed to use.
(4) A notice given by the AOC or a licensed user may be revoked at
any time by written notice given to the Comptroller-General of
Customs by the person who gave the original notice.
(5) Unless sooner revoked, a notice ceases to have effect at the end of
the prescribed period. This subsection has effect subject to
subsection (6).
(6) If:
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(a) a notice given by a licensed user is not revoked under
subsection (4); and
(b) the licence expires or is revoked;
the notice ceases to have effect on the day on which the licence
ceases to be in force.
(7) A reference in this section to the use of protected olympic
expressions for commercial purposes does not include a reference
to use covered by subsection 30(3).
53 Consent of the AOC to giving of notices
(1) A licensed user must not give a notice of objection to importation
under section 52 except with the written consent of the AOC.
(2) If:
(a) a licensed user gives the AOC a written request for consent
under subsection (1); and
(b) the AOC neither gives nor refuses that consent before the end
of the period of 8 days beginning on the day on which the
request was given;
the AOC is taken to have given the consent.
(3) Consent under subsection (1) must not be unreasonably refused.
54 Comptroller-General of Customs may seize goods
(1) This section applies to goods manufactured outside Australia that:
(a) are imported into Australia; and
(b) are subject to customs control under the Customs Act 1901.
(2) If:
(a) goods have had applied to them one or more protected
olympic expressions; and
(b) a notice in force under section 52 relates to the goods; and
(c) it appears to the Comptroller-General of Customs that the
designated owner is not authorised by, or licensed under, this
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Chapter, to use the expressions for commercial purposes in
relation to the goods;
the Comptroller-General of Customs must seize the goods unless
the Comptroller-General of Customs has no reasonable grounds for
believing that section 36 would be contravened by the use of the
expressions by the designated owner for commercial purposes.
(3) The Comptroller-General of Customs may refuse to seize the
goods unless the Comptroller-General of Customs has been given
by the objector, or by one or more of the objectors, security in an
amount that the Comptroller-General of Customs considers
sufficient to reimburse the Commonwealth for the reasonable
expenses that may be incurred by the Commonwealth if the goods
were seized.
(4) Goods seized under this section must be kept in a secure place as
directed by the Comptroller-General of Customs.
(5) A reference in this section to the use of protected olympic
expressions for commercial purposes does not include a reference
to use covered by subsection 30(3).
55 Notice of seizure
(1) As soon as practicable after goods are seized under section 54, the
Comptroller-General of Customs must give the designated owner
and each objector, by any means of communication (including by
electronic means), a notice identifying the goods and stating that
they have been seized under section 54.
(2) A notice under subsection (1) that is given to each objector must
also:
(a) state the name and the address of the place of business or
residence of the designated owner (if known), unless the
Comptroller-General of Customs is satisfied, for reasons of
confidentiality, that it is not desirable to do so; and
(b) state that the goods will be released to the designated owner
unless:
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(i) an application for an injunction under section 41 in
relation to the goods is made by the objector, or by one
of the objectors, within the period of 10 working days
beginning on a specified day; and
(ii) written notice of the making of the application is given
to the Comptroller-General of Customs within that
period.
(3) The day specified for the purpose of subparagraph (2)(b)(i) must
not be earlier than the day on which the notice is given.
(4) An objector may, by written notice given to the
Comptroller-General of Customs before the end of the period
specified in a notice for the purposes of subparagraph (2)(b)(i),
request that the period be extended.
(5) If:
(a) a request is made in accordance with subsection (4); and
(b) the Comptroller-General of Customs is satisfied that it is
reasonable that the request be granted;
the Comptroller-General of Customs may extend the period by not
more than 10 working days.
56 Forfeiture of goods—by consent
(1) The designated owner of any seized goods may, at any time before
an objector makes an application for an injunction under section 41
in relation to the goods, consent to the goods being forfeited to the
Commonwealth by giving a written notice to that effect to the
Comptroller-General of Customs.
(2) If the designated owner gives such a notice, the goods are forfeited
to the Commonwealth and must be disposed of as the
Comptroller-General of Customs directs.
57 Release of goods—no application for injunction
(1) The Comptroller-General of Customs must release seized goods
(other than goods forfeited to the Commonwealth under section 56)
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to their designated owner at the end of the application period
unless, within that period, the objector, or one of the objectors, has:
(a) made an application for an injunction under section 41 in
relation to the goods; and
(b) given to the Comptroller-General of Customs written notice
of the application.
(2) The Comptroller-General of Customs must also release the seized
goods to their designated owner if, before the end of the
application period, the objector, or each of the objectors, has, by
written notice given to the Comptroller-General of Customs,
consented to the release of the goods.
(3) The Comptroller-General of Customs may release the seized goods
to their designated owner at any time before the end of the
application period if:
(a) the Comptroller-General of Customs, having regard to
information that has come to his or her knowledge after the
goods were seized, does not have reasonable grounds for
believing that section 36 would be contravened by the
importation of the goods; and
(b) the objector has not, or none of the objectors has, made an
application for an injunction under section 41 in relation to
the goods.
Note: In obtaining information for the purposes of this section, the
Comptroller-General of Customs must comply with Australian
Privacy Principles 3 and 5.
58 Application for injunction—additional parties, relief etc.
(1) In this section, a reference to an application for an injunction under
section 41 is a reference to such an application made, in relation to
seized goods, by a person who is an objector in relation to the
goods.
(2) A prescribed court in which an application for an injunction under
section 41 is pending:
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(a) may, on the application of a person having a sufficient
interest in the subject matter of the application, allow the
person to be joined as a respondent to the application; and
(b) must allow the Comptroller-General of Customs to appear
and be heard.
(3) In addition to any relief that the court may grant apart from this
section, the court may:
(a) at any time, if it thinks it just, order that the seized goods be
released to their 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.
(4) If:
(a) the court decides that an injunction should not be granted
under section 41; and
(b) the designated owner of the goods, or any other respondent,
satisfies the court that he or she has suffered loss or damage
because the goods were seized;
the court may order the objector to pay to the designated owner or
other respondent compensation, in the amount determined by the
court, for any part of that loss or damage that is attributable to any
period beginning on or after the day on which the application under
section 41 was made.
(5) If, at the end of 20 working days beginning on the day on which
the application for an injunction under section 41 was made, there
is not in force an order of the court directed at the
Comptroller-General of Customs preventing the goods from being
released, the Comptroller-General of Customs must release the
goods to their designated owner.
(6) If the court orders that the goods be released, the
Comptroller-General of Customs must, subject to section 60,
comply with the order.
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59 Disposal of goods ordered to be forfeited
If the court orders under section 58 that goods be forfeited to the
Commonwealth, the goods are to be disposed of as the
Comptroller-General of Customs directs.
60 Power of Comptroller-General of Customs to retain control of
goods
Despite anything in this Part, the Comptroller-General of Customs
must not:
(a) release, or dispose of, any seized goods; or
(b) take any action in relation to the goods to give effect to any
order of a court under section 58;
if the Comptroller-General of Customs is required or allowed to
retain control of the goods under any other law of the
Commonwealth.
61 Insufficient security
If security given under subsection 54(3) by the objector or
objectors who gave notice under section 52 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
Division because of the notice, the amount of the difference
between those expenses and the amount of security:
(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 any court of competent
jurisdiction.
62 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 Division; or
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Chapter 3 Protected olympic expressions
Part 3.4 Enforcement
Division 2 Importation of goods
Section 63
(b) because of the release of any seized goods.
63 Modification in relation to Christmas Island etc.
The regulations may provide for the modification or adaptation of
this Division in its application to:
(a) Christmas Island; or
(b) Cocos (Keeling) Islands; or
(c) Norfolk Island.
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Protected olympic expressions Chapter 3
Enforcement Part 3.4
Unjustified threats Division 3
Section 64
Division 3—Unjustified threats
64 Unjustified threats of legal proceedings
(1) If the AOC or a licensed user threatens to make an application, or
bring an action, against a person (the threatened person) on the
ground that the threatened person has engaged, is engaging, or is
proposing to engage in conduct in contravention of section 36, any
person aggrieved by the threat may bring an action in a prescribed
court against the AOC or the licensed user, as the case may be.
(2) In an action under subsection (1), the court may:
(a) make a declaration that the threat is unjustified; and
(b) grant an injunction restraining the AOC or the licensed user
from continuing to make the threat.
The court may also award damages for loss that the person
aggrieved has suffered as a result of the making of the threat.
(3) An action may not be brought under this section if the person who
made the threat has made an application, or brought an action,
under Division 1 against the threatened person in relation to the
act, or proposed act, to which the threat related.
(4) An action under this section may not be continued if the person
who made the threat makes an application, or brings an action,
under Division 1 against the threatened person in relation to the
act, or proposed act, to which the threat related.
(5) It is a defence to an action under subsection (1) that the conduct of
the threatened person, in relation to which the threat was made,
constitutes a contravention of section 36.
65 Counterclaim
(1) If the AOC or a licensed user would be entitled to make an
application, or bring an action, against a person for a contravention
of section 36, the AOC, or the licensed user may, in an action
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Chapter 3 Protected olympic expressions
Part 3.4 Enforcement
Division 3 Unjustified threats
Section 65
under section 64, make a counterclaim for any relief to which the
AOC or the licensed user would be entitled under Division 1.
(2) The provisions of Divisions 1 and 2 apply as if a counterclaim
were an application or action made or brought by the AOC or a
licensed user under Division 1.
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Protected olympic expressions Chapter 3
Jurisdiction of prescribed courts etc. Part 3.5
Section 66
Part 3.5—Jurisdiction of prescribed courts etc.
66 Prescribed courts
Each of the following courts is a prescribed court for the purposes
of this Chapter:
(a) the Federal Court;
(b) the Supreme Court of a State;
(c) the Supreme Court of the Australian Capital Territory;
(d) the Supreme Court of the Northern Territory;
(e) the Supreme Court of Norfolk Island.
67 Jurisdiction of Federal Court
The Federal Court has jurisdiction in relation to all matters arising
under this Chapter.
68 Jurisdiction of other prescribed courts
(1) Each prescribed court (other than the Federal Court) has federal
jurisdiction in relation to all matters arising under this Chapter.
(2) The jurisdiction conferred by subsection (1) on the Supreme Court
of a Territory is conferred to the extent that the Constitution
permits.
69 Transfer of proceedings
(1) A prescribed court in which an application has been made, or an
action brought, under this Chapter may, on the application of a
party made at any stage, by order, transfer the application or action
to another prescribed court having jurisdiction to hear and
determine the application or action.
(2) When a court transfers an application or action to another court:
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Chapter 3 Protected olympic expressions
Part 3.5 Jurisdiction of prescribed courts etc.
Section 69
(a) all relevant documents of record filed in the transferring court
must be sent to the other court by the Registrar or other
appropriate officer of the transferring court; and
(b) the application or action continues in the other court as if:
(i) it had been started there; and
(ii) all steps taken in the transferring court had been taken in
the other court.
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Protected olympic expressions Chapter 3
Miscellaneous Part 3.6
Section 70
Part 3.6—Miscellaneous
70 Concurrent operation of State and Territory laws
It is the intention of the Parliament that this Chapter 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 Chapter.
71 Preservation of existing rights
Trade marks and designs
(1) This Chapter, so far as it applies in relation to a protected olympic
expression, does not affect rights conferred by law on a person in
relation to:
(a) a trade mark that is registered under the Trade Marks Act
1995; or
(b) a design that is registered under the Designs Act 1906;
and was so registered immediately before 20 September 2001 in
relation to the expression.
(2) For the purposes of subsection (1), a trade mark is taken to have
been registered under the Trade Marks Act 1995 on the date of
registration (within the meaning of that Act) of the trade mark.
(3) For the purposes of subsection (1), a design is taken to have been
registered under the Designs Act 1906 at the time when the
registration of the design came into force as mentioned in
subsection 27A(1) of that Act.
Passing off
(4) This Chapter, so far as it applies to a protected olympic expression,
does not affect the use of the expression by a person (the first
person) if, immediately before 20 September 2001, the first person
would have been entitled to prevent another person from passing
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Chapter 3 Protected olympic expressions
Part 3.6 Miscellaneous
Section 72
off, by means of the use of the expression or a similar expression,
goods or services as the goods or services of the first person.
(5) This Chapter does not apply to the use of a business name in
connection with a business if:
(a) the name was registered under a law of a State or Territory
relating to business names immediately before 20 September
2001 in relation to the business; and
(b) the name is registered in relation to the business under a law
of the Commonwealth or a State or Territory relating to
business names.
Company names
(6) This Chapter does not apply in relation to the use of the name of an
incorporated company if:
(a) the company was in existence immediately before
20 September 2001; and
(b) the company uses the name in connection with a business
carried on by the company; and
(c) the company used the name in connection with the business
immediately before 20 September 2001.
72 Acquisition of property
(1) This Chapter has no effect to the extent (if any) to which:
(a) the operation of this Chapter would result in the acquisition
of property from a person otherwise than on just terms; and
(b) the acquisition would be invalid because of
paragraph 51(xxxi) of the Constitution.
(2) In this section:
acquisition of property has the same meaning as in
paragraph 51(xxxi) of the Constitution.
just terms has the same meaning as in paragraph 51(xxxi) of the
Constitution.
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Protected olympic expressions Chapter 3
Miscellaneous Part 3.6
Section 73
73 Implied freedom of political communication
This Chapter does not apply to the extent (if any) that it would
infringe any doctrine of implied freedom of political
communication.
74 Chapter has effect in addition to contracts
This Chapter has effect in addition to any contract:
(a) that relates to the use of a protected Olympic expression for
commercial purposes; and
(b) to which any of the following is a party:
(i) the IOC;
(ii) the AOC;
(iii) the organising committee for a Summer or Winter
Olympic Games.
75 Validation of certain licences
(1) This section applies if, before the commencement of this section,
the AOC purported to grant a licence for a particular period ending
after that commencement authorising a person to use all, or any
one or more, of the protected Olympic expressions for commercial
purposes.
(2) This Chapter has effect as if the licence had been granted under
section 38 for the part of that period that began after the
commencement of this section.
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Chapter 4 Regulations
Part 4.1 Regulations
Section 76
Chapter 4—Regulations
Part 4.1—Regulations
76 Regulations
The Governor-General may make regulations, not inconsistent with
this Act, prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or
giving effect to this Act.
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Outline of the olympic symbol Schedule
Schedule—Outline of the olympic symbol
Subsection 2(1)
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Endnotes
Endnote 1—About the endnotes
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that
has amended (or will amend) the compiled law. The information includes
commencement details for amending laws and details of any application, saving
or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at
the provision (generally section or equivalent) level. It also includes information
about any provision of the compiled law that has been repealed in accordance
with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make
editorial and presentational changes to a compiled law in preparing a
compilation of the law for registration. The changes must not change the effect
of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief
outline of the changes in general terms. Full details of any changes can be
obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe
the amendment to be made. If, despite the misdescription, the amendment can
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Endnotes
Endnote 1—About the endnotes
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
Endnote 2—Abbreviation key
ad = added or inserted o = order(s)
am = amended Ord = Ordinance
amdt = amendment orig = original
c = clause(s) par = paragraph(s)/subparagraph(s)
/sub-subparagraph(s)C[x] = Compilation No. x
Ch = Chapter(s) pres = present
def = definition(s) prev = previous
Dict = Dictionary (prev…) = previously
disallowed = disallowed by Parliament Pt = Part(s)
Div = Division(s) r = regulation(s)/rule(s)
ed = editorial change reloc = relocated
exp = expires/expired or ceases/ceased to have renum = renumbered
effect rep = repealed
F = Federal Register of Legislation rs = repealed and substituted
gaz = gazette s = section(s)/subsection(s)
LA = Legislation Act 2003 Sch = Schedule(s)
LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given SLI = Select Legislative Instrument
effect SR = Statutory Rules
(md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s)
cannot be given effect SubPt = Subpart(s)
mod = modified/modification underlining = whole or part not
commenced or to be commencedNo. = Number(s)
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Endnotes
Endnote 3—Legislation history
Endnote 3—Legislation history
Act Number Assent Commencement Application,
and year saving and
transitional
provisions
Olympic Insignia 27, 1987 26 May 23 June 1987
Protection Act 1987 1987
Olympic Insignia 44, 1994 15 Mar 15 Mar 1994 (s 2) —
Protection Amendment 1994
Act 1994
Olympic Insignia 156, 2001 1 Oct 2001 29 Oct 2001 (s 2) —
Protection Amendment
Act 2001
Australian Sports
Anti-Doping Authority
(Consequential and
Transitional Provisions)
Act 2006
7, 2006 7 Mar 2006 Sch 1 (item 9): 13 Mar
2006 (s 2(1) item 2)
—
Intellectual Property
Laws Amendment Act
2006
106, 2006 27 Sept
2006
Sch 12 (item 3): 27 Mar
2007 (s 2(1) item 12)
—
Statute Law Revision
Act 2010
8, 2010 1 Mar 2010 Sch 5 (items 76, 137(a)):
1 Mar 2010 (s 2(1)
items 35, 38)
—
Trade Practices
Amendment (Australian
Consumer Law) Act
(No. 2) 2010
103, 2010 13 July
2010
Sch 6 (items 176–188):
1 Jan 2011 (s 2(1)
item 7)
—
Acts Interpretation 46, 2011 27 June Sch 2 (item 893) and Sch 3 (items 10,
Amendment Act 2011 2011 Sch 3 (items 10, 11): 11)
27 Dec 2011 (s 2(1)
items 7, 12)
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Endnote 3—Legislation history
Act Number Assent Commencement Application,
and year saving and
transitional
provisions
Business Names
Registration
(Transitional and
Consequential
Provisions) Act 2011
127, 2011 3 Nov 2011 Sch 2 (item 24): 20 Apr
2012 (s 2(1) item 4)
Act No 172, 2011
(Sch 1 (item 6))
Privacy Amendment
(Enhancing Privacy
Protection) Act 2012
197, 2012 12 Dec
2012
Sch 5 (item 67) and Sch
6 (items 15–19): 12 Mar
2014 (s 2(1) items 3, 19)
Sch 6 (item 1): 12 Dec
2012 (s 2(1) item 16)
Sch 6 (items 1,
15–19)
Customs and Other
Legislation Amendment
(Australian Border
Force) Act 2015
as amended by
Australian Border
Force Amendment
(Protected
Information) Act 2017
41, 2015
115, 2017
20 May
2015
30 Oct
2017
Sch 5 (item 140), Sch 6
(items 148–165) and Sch
9: 1 July 2015 (s 2(1)
items 2, 7)
Sch 1 (item 26): 1 July
2015 (s 2(1) item 2)
Sch 6 (item 165)
and Sch 9
—
Norfolk Island
Legislation Amendment
Act 2015
as amended by
Territories Legislation
Amendment Act 2016
59, 2015
33, 2016
26 May
2015
23 Mar
2016
Sch 2 (item 279): 1 July
2016 (s 2(1) item 5)
Sch 2 (items 356–396):
18 June 2015 (s 2(1)
item 6)
Sch 2: 24 Mar 2016 (s
2(1) item 2)
Sch 2 (items 356–
396)
—
Intellectual Property
Laws Amendment
(Productivity
Commission Response
Part 1 and Other
Measures) Act 2018
77, 2018 24 Aug
2018
Sch 2 (items 196–199,
209): 24 Feb 2019 (s
2(1) item 8)
Sch 2 (items 302, 303,
306, 313–322): 25 Aug
2018 (s 2(1) item 11)
Sch 2 (items 209,
306)
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Endnotes
Endnote 4—Amendment history
Endnote 4—Amendment history
Provision affected How affected
Title ...............................................am No 156, 2001
Chapter 1
Chapter 1 heading ..........................ad No 156, 2001
Part 1.1
Part I heading................................rep No 156, 2001
Part 1.1 heading .............................ad No 156, 2001
s 1A................................................ad No 156, 2001
Chapter 2
Chapter 2 heading ..........................ad No 156, 2001
Part 2.1
Part 2.1 heading .............................ad No 156, 2001
s 2 ..................................................am No 44, 1994; No 156, 2001; No 103, 2010; No 77, 2018
s 2A................................................ad No 44, 1994
am No 156, 2001
s 3 ..................................................am No 156, 2001; No 59, 2015
s 4 ..................................................am No 156, 2011
Part 2.2
Part II heading................................rep No 156, 2001
Part 2.2 heading .............................ad No 156, 2001
s 5 ..................................................am No 44, 1994; No 156, 2001
Part 2.3
Part III heading ..............................rep No 156, 2001
Part 2.3 heading .............................ad No 156, 2001
s 6 ..................................................rs No 44, 1994
am No 156, 2001
s 7 ..................................................am No 44, 1994; No 156, 2001
s 8 ..................................................am No 44, 1994; No 156, 2001
s 9A................................................ad No 44, 1994
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Endnote 4—Amendment history
Provision affected How affected
am No 156, 2001; No 103, 2010
s 10 ................................................rs No 44, 1994
am No 156, 2001; No 77, 2018
s 11 ................................................am No 44, 1994; No 156, 2001
s 11A..............................................ad No 44, 1994
am No 156, 2001
s 12 ................................................am No 44, 1994; No 77, 2018
s 13 ................................................am No 77, 2018
s 14A..............................................ad No 106, 2006
Part 2.4
Part IV heading..............................rep No 156, 2001
Part 2.4 heading .............................ad No 156, 2001
s 15 ................................................am No 44, 1994; No 156, 2001
s 16 ................................................am No 44, 1994; No 156, 2001
s 17 ................................................am No 44, 1994
s 18 ................................................am No 77, 2018
s 18A..............................................ad No 156, 2001
am No 8, 2010
s 19 ................................................am No 44, 1994; No 156, 2001
s 20 ................................................am No 44, 1994; No 156, 2001; No 77, 2018
s 21 ................................................am No 156, 2001
Chapter 3
Chapter 3 ................................ ad No 156, 2001
Part 3.1
Division 1
s 22 ................................................ad No 156, 2001
s 23 ................................................ad No 156, 2001
am No 7, 2006; No 8, 2010; No 46, 2011
s 24 ................................................ad No 156, 2001
s 25 ................................................ad No 156, 2001
s 26 ................................................ad No 156, 2001
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Endnote 4—Amendment history
Provision affected How affected
s 27 ................................................ad No 156, 2001
Division 2
s 28 ................................................ad No 156, 2001
s 29 ................................................ad No 156, 2001
s 30 ................................................ad No 156, 2001
s 31 ................................................ad No 156, 2001
s 32 ................................................ad No 156, 2001
s 33 ................................................ad No 156, 2001
s 34 ................................................ad No 156, 2001
s 35 ................................................ad No 156, 2001
am No 8, 2010
Part 3.2
Part 3.3
s 36 ................................................ad No 156, 2001
s 37 ................................................ad No 156, 2001
s 38 ................................................ad No 156, 2001
s 39 ................................................ad No 156, 2001
s 40 ................................................ad No 156, 2001
am No 8, 2010
Part 3.4
Division 1
s 41 ................................................ad No 156, 2001
s 42 ................................................ad No 156, 2001
s 43 ................................................ad No 156, 2001
am No 8, 2010
s 44 ................................................ad No 156, 2001
s 45 ................................................ad No 156, 2001
s 46 ................................................ad No 156, 2001
s 47 ................................................ad No 156, 2001
s 48 ................................................ad No 156, 2001
am No 103, 2010
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Endnote 4—Amendment history
Provision affected How affected
Division 2
s 49 ................................................ad No 156, 2001
am No 41, 2015
s 50 ................................................ad No 156, 2001
am No 41, 2015
s 51 ................................................ad No 156, 2001
s 52 ................................................ad No 156, 2001
am No 41, 2015
s 53 ................................................ad No 156, 2001
s 54 ................................................ad No 156, 2001
am No 41, 2015
s 55 ................................................ad No 156, 2001
am No 41, 2015; No 77, 2018
s 56 ................................................ad No 156, 2001
am No 41, 2015
s 57 ................................................ad No 156, 2001
am No 197, 2012; No 41, 2015
s 58 ................................................ad No 156, 2001
am No 41, 2015
s 59 ................................................ad No 156, 2001
am No 41, 2015
s 60 ................................................ad No 156, 2001
am No 41, 2015
s 61 ................................................ad No 156, 2001
am No 41, 2015
s 62 ................................................ad No 156, 2001
am No 41, 2015
s 63 ................................................ad No 156, 2001
Division 3
Division 3 heading.........................rs No 77, 2018
s 64 ................................................ad No 156, 2001
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Endnote 4—Amendment history
Provision affected How affected
am No 77, 2018
s 65 ................................................ad No 156, 2001
am No 77, 2018
Part 3.5
Part 3.6
s 66 ................................................ad No 156, 2001
s 67 ................................................ad No 156, 2001
s 68 ................................................ad No 156, 2001
s 69 ................................................ad No 156, 2001
s 70 ................................................ad No 156, 2001
s 71 ................................................ad No 156, 2001
am No 127, 2011
Part 4.1
s 76 (prev s 22)
s 72 ................................................ad No 156, 2001
s 73 ................................................ad No 156, 2001
s 74 ................................................ad No 156, 2001
s 75 ................................................ad No 156, 2001
Chapter 4
Chapter 4 heading ..........................ad No 156, 2001
Part 4.1 heading .............................ad No 156, 2001
s 22 ................................................renum No 156, 2001
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