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This is a Bill, not an Act. For current law, see the Acts databases.
MELBOURNE 2006 COMMONWEALTH GAMES (INDICIA AND IMAGES) PROTECTION BILL 2005
2004-2005
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Melbourne 2006 Commonwealth Games
(Indicia and Images) Protection Bill 2005
No. , 2005
(Arts and Sport)
A Bill for an Act to provide for the regulation of the
use for commercial purposes of indicia and images
associated with the Melbourne 2006
Commonwealth Games, and for related purposes
i Melbourne 2006 Commonwealth Games (Indicia and Images) Protection Bill 2005 No.
, 2005
Contents
Part 1--Preliminary
1
1
Short title.......................................................................................1
2
Commencement .............................................................................2
3
Objects of Act................................................................................2
4
Act binds the Crown.......................................................................2
5
Application of Act..........................................................................2
6
Additional operation of Act ............................................................3
Part 2--Definitions and other interpretation provisions
4
7
Definitions and other interpretation provisions ................................4
8
Application of Melbourne 2006 Commonwealth Games
indicia and images..........................................................................8
9
Meaning of commercial purposes ...................................................9
10
Presumption relating to advertising or promotion etc.....................10
11
Criticism, review and provision of information .............................10
Part 3--Protection
12
12
Regulation of use of Melbourne 2006 Commonwealth
Games indicia and images ............................................................12
13
Persons involved in contravening section 12 .................................13
Part 4--Importation of goods, remedies and groundless threats
14
Division 1--Standing of authorised users to give notices and
pursue remedies
14
14
Consent of Corporation to giving of notices etc.............................14
15
Request for consent......................................................................14
16
Consent must not be unreasonably refused....................................14
Division 2--Importation of goods
15
17
Determinations about owners of goods..........................................15
18
Copy of register to be supplied by the Corporation to the
Customs CEO..............................................................................15
19
Notice to Customs CEO of imports by the Corporation, the
ACGA or the CGF .......................................................................15
20
Notice of objection to importation ................................................16
21
Customs CEO may seize goods ....................................................17
22
Notice of seizure ..........................................................................18
23
Forfeiture of goods--by consent...................................................19
24
Release of goods--no application for injunction ...........................20
25
Application for injunction--additional parties, relief etc................21
26
Disposal of goods ordered to be forfeited......................................22
Melbourne 2006 Commonwealth Games (Indicia and Images) Protection Bill 2005 No. ,
2005 ii
27
Power of Customs CEO to retain control of goods.........................22
28
Insufficient security......................................................................23
29
Commonwealth not liable for loss etc. suffered because of
seizure.........................................................................................23
30
Modification in relation to Norfolk Island etc................................23
Division 3--Remedies
24
31
Injunctions...................................................................................24
32
Interim injunctions.......................................................................25
33
Corrective advertisements ............................................................25
34
Damages or accounts of profits.....................................................25
35
Other remedies.............................................................................26
Division 4--Groundless threats
28
36
Groundless threats of legal proceedings ........................................28
37
Counterclaim in action on groundless threats ................................29
Part 5--Jurisdiction and proceedings of prescribed courts
30
38
Prescribed courts..........................................................................30
39
Jurisdiction of Federal Court and Federal Magistrates Court..........30
40
Jurisdiction of other prescribed courts...........................................30
41
Transfer of proceedings................................................................30
Part 6--Miscellaneous
32
42
Requirements for the Register.......................................................32
43
Trade mark and design rights........................................................32
44
Concurrent operation of State and Territory laws...........................32
45
Avoiding direct inconsistency between this Act and the
Commonwealth Games Arrangements Act 2001 of Victoria ..........32
46
Compensation for acquisition of property......................................33
47
Cessation of operation of Act........................................................34
48
Regulations..................................................................................34
Melbourne 2006 Commonwealth Games (Indicia and Images) Protection Bill 2005 No. ,
2005 1
A Bill for an Act to provide for the regulation of the
1
use for commercial purposes of indicia and images
2
associated with the Melbourne 2006
3
Commonwealth Games, and for related purposes
4
The Parliament of Australia enacts:
5
Part 1--Preliminary
6
7
1 Short title
8
This Act may be cited as the Melbourne 2006 Commonwealth
9
Games (Indicia and Images) Protection Act 2005.
10
Part 1 Preliminary
Section 2
2 Melbourne 2006 Commonwealth Games (Indicia and Images) Protection Bill 2005
No. , 2005
2 Commencement
1
This Act commences on the day on which it receives the Royal
2
Assent.
3
3 Objects of Act
4
(1) The objects of this Act are:
5
(a) to protect and further the position of Australia as a participant
6
in, and a supporter of, the Commonwealth of Nations, in
7
relation to the holding of the Melbourne 2006
8
Commonwealth Games; and
9
(b) to the extent that it is within the power of the Parliament:
10
(i) to assist in protecting the relations of the Melbourne
11
2006 Commonwealth Games bodies and the
12
Government of Victoria with the Commonwealth of
13
Nations; and
14
(ii) to assist in ensuring the performance of the obligations
15
of the Melbourne 2006 Commonwealth Games bodies
16
and the Government of Victoria with the
17
Commonwealth of Nations;
18
in relation to the holding of the Melbourne 2006
19
Commonwealth Games.
20
(2) Those objects are to be achieved by facilitating the raising of
21
revenue in relation to the Melbourne 2006 Commonwealth Games
22
through the regulation of the use for commercial purposes of the
23
indicia and images associated with the Games.
24
4 Act binds the Crown
25
This Act binds the Crown in each of its capacities.
26
5 Application of Act
27
This Act extends to:
28
(a) Norfolk Island; and
29
(b) the Territory of Christmas Island; and
30
(c) the Territory of Cocos (Keeling) Islands.
31
Preliminary Part 1
Section 6
Melbourne 2006 Commonwealth Games (Indicia and Images) Protection Bill 2005 No. ,
2005 3
6 Additional operation of Act
1
In addition to its effect apart from this section, this Act also has the
2
effect that it would have if each reference to use for commercial
3
purposes were a reference to:
4
(a) use for commercial purposes by:
5
(i) a foreign corporation within the meaning of paragraph
6
51(xx) of the Constitution; or
7
(ii) a trading corporation (within the meaning of that
8
paragraph) formed within the limits of the
9
Commonwealth; or
10
(iii) a financial corporation (within the meaning of that
11
paragraph) so formed, including a body corporate that
12
carries on as its sole or principal business the business
13
of banking (other than State banking not extending
14
beyond the limits of the State concerned) or insurance
15
(other than State insurance not extending beyond the
16
limits of the State concerned); or
17
(iv) a body corporate incorporated in a Territory; or
18
(b) use for commercial purposes by any person in the course of:
19
(i) trade or commerce with other countries; or
20
(ii) trade or commerce among the States; or
21
(iii) trade or commerce within a Territory, between a State
22
and a Territory or between the Territories; or
23
(iv) the supply of goods or services to the Commonwealth, a
24
Territory, or to an authority or instrumentality of the
25
Commonwealth or of a Territory; or
26
(v) the use of postal, telegraphic or telephonic services; or
27
(vi) the making of a broadcast; or
28
(c) use for commercial purposes by any person that detrimentally
29
affects the rights conferred by or under this Act on an
30
authorised user that is a corporation within the meaning of
31
subparagraphs (a)(i) to (a)(iii).
32
Part 2 Definitions and other interpretation provisions
Section 7
4 Melbourne 2006 Commonwealth Games (Indicia and Images) Protection Bill 2005
No. , 2005
1
Part 2--Definitions and other interpretation
2
provisions
3
4
7 Definitions and other interpretation provisions
5
(1) In this Act:
6
ACGA means the Australian Commonwealth Games Association
7
(ABN 55 165 736 898).
8
application period, in relation to seized goods, means:
9
(a) if there is only one objector to the importation of the goods--
10
the period specified in the notice given to the objector under
11
section 22 or, if that period is extended under subsection
12
22(6), that period as so extended; or
13
(b) if there is more than one objector to the importation of the
14
goods--the period beginning on the earliest day on which a
15
period specified in a notice given to an objector under
16
section 22 begins and ending on the later of:
17
(i) the latest day on which a period specified in such a
18
notice ends; or
19
(ii) the latest day on which such a period as extended under
20
subsection 22(6) ends.
21
apply, in relation to Melbourne 2006 Commonwealth Games
22
indicia or images, includes the meaning given by section 8.
23
Australia includes the following external Territories:
24
(a) Norfolk Island;
25
(b) the Territory of Christmas Island;
26
(c) the Territory of Cocos (Keeling) Islands.
27
authorised user means:
28
(a) a person authorised by the Melbourne 2006 Commonwealth
29
Games Corporation to use Melbourne 2006 Commonwealth
30
Games indicia or images under section 56D of the
31
Definitions and other interpretation provisions Part 2
Section 7
Melbourne 2006 Commonwealth Games (Indicia and Images) Protection Bill 2005 No. ,
2005 5
Commonwealth Games Arrangements Act 2001 of
1
Victoria; and
2
(b) the ACGA; and
3
(c) the CGF.
4
broadcast means a transmission by means of:
5
(a) a broadcasting service within the meaning of the
6
Broadcasting Services Act 1992; or
7
(b) something that would be such a broadcasting service if the
8
definition of broadcasting service in subsection 6(1) of that
9
Act were amended by omitting all the words from and
10
including "but does not include" to the end of the definition.
11
CGF means the body known as the Commonwealth Games
12
Federation that has the responsibility for the direction and control
13
of the Commonwealth Games.
14
commercial purposes has the meaning given by section 9.
15
Customs CEO means the Chief Executive Officer of Customs.
16
designated owner, in relation to goods imported into Australia,
17
means:
18
(a) the person identified as the owner of the goods on the entry
19
made in relation to the goods under section 68 of the
20
Customs Act 1901; or
21
(b) if no such entry exists--the person determined to be the
22
owner of the goods under section 17 of this Act.
23
Federal Court means the Federal Court of Australia.
24
Melbourne 2006 Commonwealth Games means the 18th
25
Commonwealth Games held in Melbourne in 2006.
26
Melbourne 2006 Commonwealth Games body means:
27
(a) the Melbourne 2006 Commonwealth Games Corporation;
28
and
29
(b) the ACGA; and
30
(c) the CGF.
31
Part 2 Definitions and other interpretation provisions
Section 7
6 Melbourne 2006 Commonwealth Games (Indicia and Images) Protection Bill 2005
No. , 2005
Melbourne 2006 Commonwealth Games Corporation means the
1
Melbourne 2006 Commonwealth Games Corporation established
2
under Part 1A of the Commonwealth Games Arrangements Act
3
2001 of Victoria.
4
Melbourne 2006 Commonwealth Games images means any visual
5
or aural representations that, to a reasonable person, in the
6
circumstances of the presentation, would suggest a connection with
7
the Melbourne 2006 Commonwealth Games.
8
Melbourne 2006 Commonwealth Games indicia has the meaning
9
given by subsection (2).
10
Melbourne 2006 Commonwealth Games indicia and images
11
means Melbourne 2006 Commonwealth Games indicia and
12
Melbourne 2006 Commonwealth Games images.
13
Melbourne 2006 Commonwealth Games indicia or images means
14
Melbourne 2006 Commonwealth Games indicia or Melbourne
15
2006 Commonwealth Games images.
16
objector, in relation to seized goods, means a person who has given
17
a notice that is in force under section 20 in relation to the goods.
18
prescribed court means a court that is a prescribed court under
19
section 38.
20
seized goods means goods seized under section 21.
21
this Act includes the regulations.
22
working day, in relation to the period within which an act is to be,
23
or may be, done, means a day that is not:
24
(a) a Saturday or a Sunday; or
25
(b) a public holiday or a bank holiday in any place in which the
26
act is to be, or may be, done.
27
(2) Melbourne 2006 Commonwealth Games indicia means any of the
28
following:
29
(a) any of the following phrases:
30
(i) "Melbourne 2006 Commonwealth Games";
31
(ii) "Melbourne Commonwealth Games";
32
Definitions and other interpretation provisions Part 2
Section 7
Melbourne 2006 Commonwealth Games (Indicia and Images) Protection Bill 2005 No. ,
2005 7
(iii) "Melbourne Games";
1
(iv) "Melbourne 2006 Games";
2
(v) "Commonwealth Games";
3
(vi) "Australian Commonwealth Games";
4
(vii) "Friendly Games";
5
(viii) "Queen's Baton Relay";
6
(ix) "Commonwealth Games Cultural Program";
7
(x) "Melbourne 2006 Cultural Program";
8
(xi) "M06 Cultural Program";
9
(whether the reference to "2006" in subparagraphs (i), (iv)
10
and (x) is in words or numerals);
11
(b) either "M06" or "M2006";
12
(c) any combination of an indicium in an item in List A with an
13
indicium in that item in List B:
14
15
Melbourne 2006 Commonwealth Games indicia
Item
List A indicia
List B indicia
1
"Two thousand and six"
"2006"
"18th"
"XVIIIth"
"Eighteenth"
"Commonwealth Games"
"Games"
2
"Commonwealth Games"
"Commonwealth Games athlete"
"Gold"
"Silver"
"Bronze"
3
"Australian Commonwealth Games
team"
"Melbourne"
"Melbourne 2006"
"Melbourne two thousand and six"
"M2006"
(3) For the purposes of this Act, any Melbourne 2006 Commonwealth
16
Games indicia that are represented in a language other than English
17
are taken to be Melbourne 2006 Commonwealth Games indicia.
18
Part 2 Definitions and other interpretation provisions
Section 8
8 Melbourne 2006 Commonwealth Games (Indicia and Images) Protection Bill 2005
No. , 2005
(4) The use in this Act of the words "indicia" and "images" is not
1
intended to express a contrary intention for the purposes of
2
section 23 of the Acts Interpretation Act 1901.
3
Note:
Paragraph 23(b) of the Acts Interpretation Act 1901 provides that
4
words in the plural include the singular.
5
8 Application of Melbourne 2006 Commonwealth Games indicia and
6
images
7
(1) For the purposes of this Act and without limiting the generality of
8
the meaning of the expression, Melbourne 2006 Commonwealth
9
Games indicia or images are applied to goods or services if:
10
(a) in the case of goods, the indicia or images:
11
(i) are woven in, impressed on, worked into, or affixed or
12
annexed to, the goods; or
13
(ii) are applied to any covering, document, label, reel or
14
thing in or with which the goods are, or are intended to
15
be, dealt with or provided in the course of trade; or
16
(b) in the case of goods or services, the indicia or images:
17
(i) are used on a signboard or in an advertisement
18
(including a television or radio advertisement) that
19
promotes the goods or services; or
20
(ii) are used in an invoice, price list, catalogue, brochure,
21
business letter, business paper or other commercial
22
document that relates to the goods or services.
23
(2) For the purposes of Divisions 2 and 3 of Part 4, Melbourne 2006
24
Commonwealth Games indicia or images are applied to goods by a
25
person if:
26
(a) the goods are imported into Australia for the purpose of sale
27
or distribution by the person; and
28
(b) when imported, the goods have already had the indicia or
29
images applied to them.
30
(3) In subparagraph (1)(a)(ii):
31
covering includes packaging, frame, wrapper, container, stopper,
32
lid or cap.
33
label includes a band or ticket.
34
Definitions and other interpretation provisions Part 2
Section 9
Melbourne 2006 Commonwealth Games (Indicia and Images) Protection Bill 2005 No. ,
2005 9
9 Meaning of commercial purposes
1
(1) This section sets out the 2 situations in which a person uses
2
Melbourne 2006 Commonwealth Games indicia or images for
3
commercial purposes.
4
(2) For the purposes of this Act, if:
5
(a) a person (the first person) causes Melbourne 2006
6
Commonwealth Games indicia or images to be applied to
7
goods or services of the first person; and
8
(b) the application is for the primary purpose of advertising or
9
promotion, or for the primary purpose of enhancing the
10
demand for the goods or services; and
11
(c) the application would suggest, to a reasonable person, that
12
the first person is or was a sponsor of, or is or was the
13
provider of other support for:
14
(i) the Melbourne 2006 Commonwealth Games; or
15
(ii) any event arranged by a Melbourne 2006
16
Commonwealth Games body in connection with the
17
Melbourne 2006 Commonwealth Games;
18
the application is use by the first person of the indicia or images for
19
commercial purposes.
20
Note:
This rule is affected by sections 10 (presumption relating to
21
advertising etc.) and 11 (criticism, review and provision of
22
information).
23
(3) For the purposes of this Act (other than sections 20 and 21), if:
24
(a) a person (the first person), other than the Melbourne 2006
25
Commonwealth Games Corporation or an authorised user,
26
causes Melbourne 2006 Commonwealth Games indicia or
27
images to be applied to goods or services of the first person;
28
and
29
(b) the application is for the primary purpose of advertising or
30
promotion, or for the primary purpose of enhancing the
31
demand for the goods or services; and
32
(c) the application would suggest, to a reasonable person, that
33
the first person is or was a sponsor of, or is or was the
34
provider of other support for:
35
(i) the Melbourne 2006 Commonwealth Games; or
36
Part 2 Definitions and other interpretation provisions
Section 10
10 Melbourne 2006 Commonwealth Games (Indicia and Images) Protection Bill 2005
No. , 2005
(ii) any event arranged by a Melbourne 2006
1
Commonwealth Games body in connection with the
2
Melbourne 2006 Commonwealth Games; and
3
(d) any of the following conditions are satisfied in relation to a
4
person (the second person) other than the first person:
5
(i) in the case of goods or services--the second person
6
supplies, or offers to supply, the goods or services;
7
(ii) in the case of goods--the second person exposes the
8
goods for supply by the second person;
9
(iii) in the case of goods--the second person keeps the
10
goods for supply by the second person or by another
11
person;
12
the supply, offer, exposure or keeping, as the case requires, by the
13
second person is use by the second person of the indicia or images
14
for commercial purposes.
15
Note:
This rule is affected by sections 10 (presumption relating to
16
advertising etc.) and 11 (criticism, review and provision of
17
information).
18
(4) In this section:
19
supply includes:
20
(a) in the case of goods--supply (including re-supply) by way of
21
sale, exchange, lease, hire or hire-purchase; and
22
(b) in the case of services--provide, grant or confer.
23
10 Presumption relating to advertising or promotion etc.
24
The application of Melbourne 2006 Commonwealth Games indicia
25
or images by a person for the primary purpose of advertising or
26
promotion, or for the primary purpose of enhancing the demand for
27
the goods or services, is prima facie sufficient to suggest the
28
existence of a sponsorship arrangement, or the provision of other
29
support, for the purposes of paragraph 9(2)(c) or (3)(c).
30
11 Criticism, review and provision of information
31
(1) The use of Melbourne 2006 Commonwealth Games indicia or
32
images:
33
(a) for the primary purpose of criticism or review; or
34
Definitions and other interpretation provisions Part 2
Section 11
Melbourne 2006 Commonwealth Games (Indicia and Images) Protection Bill 2005 No. ,
2005 11
(b) for the primary purpose of the provision of information;
1
is not alone sufficient to suggest the existence of a sponsorship
2
arrangement, or the provision of other support, for the purposes of
3
paragraph 9(2)(c) or (3)(c).
4
(2) In subsection (1):
5
(a) a reference to criticism or review includes a reference to
6
criticism or review:
7
(i) in a newspaper, magazine or similar periodical; or
8
(ii) in a broadcast; or
9
(iii) in a cinematograph film; and
10
(b) a reference to the provision of information includes a
11
reference to the reporting of news and the presentation of
12
current affairs.
13
Part 3 Protection
Section 12
12 Melbourne 2006 Commonwealth Games (Indicia and Images) Protection Bill 2005
No. , 2005
1
Part 3--Protection
2
3
12 Regulation of use of Melbourne 2006 Commonwealth Games
4
indicia and images
5
(1) A person, other than:
6
(a) the Melbourne 2006 Commonwealth Games Corporation; or
7
(b) an authorised user;
8
must not use Melbourne 2006 Commonwealth Games indicia or
9
images for commercial purposes.
10
Note:
This rule is affected by section 45 (avoiding direct inconsistency with
11
the Victorian Act).
12
Use by Melbourne 2006 Commonwealth Games bodies
13
(2) The Corporation, the ACGA and the CGF may use Melbourne
14
2006 Commonwealth Games indicia and images for commercial
15
purposes.
16
Use by authorised user
17
(3) An authorised user (other than the ACGA or the CGF):
18
(a) may only use, for commercial purposes, the Melbourne 2006
19
Commonwealth Games indicia or images that the person is
20
authorised to use under section 56D of the Commonwealth
21
Games Arrangements Act 2001 of Victoria; and
22
(b) may only use those indicia or images in accordance with the
23
authorisation.
24
Indicia that closely resembles Melbourne 2006 Commonwealth
25
Games indicia
26
(4) For the purposes of subsection (1), the use of an indicium that so
27
closely resembles a Melbourne 2006 Commonwealth Games
28
indicium that a reasonable person is likely to mistake it for the
29
Melbourne 2006 Commonwealth Games indicium is taken to be
30
the use of that Melbourne 2006 Commonwealth Games indicium.
31
Protection Part 3
Section 13
Melbourne 2006 Commonwealth Games (Indicia and Images) Protection Bill 2005 No. ,
2005 13
13 Persons involved in contravening section 12
1
For the purposes of this Act, a person is taken to have contravened
2
section 12 if:
3
(a) the person has attempted to contravene section 12; or
4
(b) the person has aided, abetted, counselled or procured a
5
person to contravene section 12; or
6
(c) the person has induced, or attempted to induce, a person,
7
whether by threats or promises or otherwise, to contravene
8
section 12; or
9
(d) the person has been in any way, directly or indirectly,
10
knowingly concerned in, or party to, the contravention by a
11
person of section 12; or
12
(e) the person has conspired with others to contravene
13
section 12.
14
Part 4 Importation of goods, remedies and groundless threats
Division 1 Standing of authorised users to give notices and pursue remedies
Section 14
14 Melbourne 2006 Commonwealth Games (Indicia and Images) Protection Bill 2005
No. , 2005
1
Part 4--Importation of goods, remedies and
2
groundless threats
3
Division 1--Standing of authorised users to give notices
4
and pursue remedies
5
14 Consent of Corporation to giving of notices etc.
6
An authorised user may not:
7
(a) give a notice of objection to importation under section 20; or
8
(b) make an application for an injunction under section 31; or
9
(c) bring an action for damages or for an account of profits under
10
section 34;
11
except with the written consent of the Melbourne 2006
12
Commonwealth Games Corporation.
13
15 Request for consent
14
The Melbourne 2006 Commonwealth Games Corporation is taken
15
to have given the consent if:
16
(a) an authorised user gives the Corporation a written request for
17
consent under section 14; and
18
(b) the Corporation neither gives nor refuses that consent before
19
the end of the third working day following the day on which
20
the request was given.
21
16 Consent must not be unreasonably refused
22
Consent under section 14 must not be unreasonably refused.
23
Importation of goods, remedies and groundless threats Part 4
Importation of goods Division 2
Section 17
Melbourne 2006 Commonwealth Games (Indicia and Images) Protection Bill 2005 No. ,
2005 15
1
Division 2--Importation of goods
2
17 Determinations about owners of goods
3
The Customs CEO or an officer of Customs (within the meaning of
4
subsection 4(1) of the Customs Act 1901) may determine that a
5
person is the owner of goods for the purposes of paragraph (b) of
6
the definition of designated owner if the person is an owner
7
(within the meaning of subsection 4(1) of the Customs Act 1901) of
8
the goods.
9
18 Copy of register to be supplied by the Corporation to the
10
Customs CEO
11
(1) For the purposes of this Division, the Melbourne 2006
12
Commonwealth Games Corporation must give the Customs CEO a
13
copy of the register maintained under section 56J of the
14
Commonwealth Games Arrangements Act 2001 of Victoria as
15
soon as practicable after the commencement of this section.
16
(2) The Corporation must give the Customs CEO a copy of an entry,
17
or a note in an entry, subsequently made in the register as soon as
18
practicable after the entry or note is made.
19
(3) The Corporation must give the Customs CEO a copy of the
20
register, entry or note by electronic means.
21
19 Notice to Customs CEO of imports by the Corporation, the
22
ACGA or the CGF
23
(1) If:
24
(a) goods are to be imported by or for the Melbourne 2006
25
Commonwealth Games Corporation, the ACGA or the CGF;
26
and
27
(b) any Melbourne 2006 Commonwealth Games indicia or
28
images have been applied to the goods;
29
Part 4 Importation of goods, remedies and groundless threats
Division 2 Importation of goods
Section 20
16 Melbourne 2006 Commonwealth Games (Indicia and Images) Protection Bill 2005
No. , 2005
the Corporation, the ACGA or the CGF (as the case requires) must
1
give the Customs CEO a written notice specifying the indicia or
2
images so applied.
3
(2) The notice must set out particulars sufficient to enable the Customs
4
CEO to identify the goods.
5
20 Notice of objection to importation
6
(1) This section applies if a designated owner of goods is not
7
authorised by this Act to use, for commercial purposes, goods that
8
have had Melbourne 2006 Commonwealth Games indicia or
9
images applied to them.
10
Notice may be given objecting to importation of goods
11
(2) The Melbourne 2006 Commonwealth Games Corporation or an
12
authorised user may give the Customs CEO a written notice
13
objecting to the importation of the goods.
14
(3) The notice:
15
(a) must be given before the day on which the goods are
16
imported; and
17
(b) must be given together with any prescribed document; and
18
(c) must be accompanied by the prescribed fee (if any).
19
Limitation on authorised user's notice
20
(4) An authorised user (other than the ACGA or the CGF) may only
21
give a notice in relation to Melbourne 2006 Commonwealth Games
22
indicia or images that the person is authorised to use under
23
section 56D of the Commonwealth Games Arrangements Act
24
2001 of Victoria.
25
Notice may be revoked
26
(5) A notice may be revoked at any time, by notice in writing, given to
27
the Customs CEO by the objector.
28
Importation of goods, remedies and groundless threats Part 4
Importation of goods Division 2
Section 21
Melbourne 2006 Commonwealth Games (Indicia and Images) Protection Bill 2005 No. ,
2005 17
When notice ceases to have effect
1
(6) A notice ceases to have effect at the earliest of the following times:
2
(a) when the notice is revoked;
3
(b) when this Act ceases to have effect;
4
(c) for an authorised user (other than the ACGA or the CGF)--
5
on the day on which the user's authorisation ceases to be in
6
force.
7
Note:
For when this Act ceases to have effect, see section 47.
8
Limitation on reference to use of indicia or images
9
(7) A reference in this section to the use of indicia or images for
10
commercial purposes does not include a reference to use covered
11
by subsection 9(3).
12
21 Customs CEO may seize goods
13
(1) This section applies to goods manufactured outside Australia:
14
(a) that are imported into Australia; and
15
(b) that are subject to the control of the Customs within the
16
meaning of the Customs Act 1901; and
17
(c) that have had Melbourne 2006 Commonwealth Games
18
indicia or images applied to them.
19
Customs CEO must seize goods
20
(2) The Customs CEO must seize the goods if:
21
(a) a notice in force under section 20 relates to the goods; and
22
(b) it appears to the Customs CEO that the designated owner is
23
not authorised by this Act to use the indicia or images for
24
commercial purposes in relation to the goods.
25
When Customs CEO is not required to seize goods
26
(3) However, the Customs CEO is not required to seize the goods if he
27
or she has reasonable grounds for believing that section 12 of this
28
Act would not be contravened by the designated owner's use of the
29
indicia or images for commercial purposes.
30
Part 4 Importation of goods, remedies and groundless threats
Division 2 Importation of goods
Section 22
18 Melbourne 2006 Commonwealth Games (Indicia and Images) Protection Bill 2005
No. , 2005
(4) The Customs CEO is not required to seize the goods if the objector
1
has not given security that the Customs CEO considers sufficient to
2
reimburse the Commonwealth for the reasonable expenses that
3
may be incurred by the Commonwealth if the goods were seized.
4
Seized goods must be kept securely
5
(5) Goods seized under this section must be kept in a secure place as
6
directed by the Customs CEO.
7
Limitation on reference to use of indicia or images
8
(6) A reference in this section to the use of indicia or images for
9
commercial purposes does not include a reference to use covered
10
by subsection 9(3).
11
22 Notice of seizure
12
Customs CEO to give notice of seizure
13
(1) As soon as practicable after goods are seized under section 21, the
14
Customs CEO must give the designated owner and each objector a
15
written notice:
16
(a) identifying the goods; and
17
(b) stating that they have been seized under section 21.
18
(2) The notice may be given personally, by post or by electronic
19
means.
20
Contents of notice for objector
21
(3) A notice under subsection (1) that is given to each objector must
22
also:
23
(a) specify:
24
(i) the full name and address of the designated owner of the
25
goods; and
26
(ii) any information that the Customs CEO has and that he
27
or she believes, on reasonable grounds, to be likely to
28
help the objector, or objectors, to identify the designated
29
owner; and
30
Importation of goods, remedies and groundless threats Part 4
Importation of goods Division 2
Section 23
Melbourne 2006 Commonwealth Games (Indicia and Images) Protection Bill 2005 No. ,
2005 19
(b) state that:
1
(i) the objector may make an application for an injunction
2
under section 31 in relation to the goods within the
3
period of 10 working days beginning on a specified day;
4
and
5
(ii) if the objector does so, the objector must give written
6
notice of the application to the Customs CEO within
7
that period; and
8
(c) state that the goods will be released to the designated owner
9
unless the objector, or one of the objectors, makes an
10
application for an injunction under section 31.
11
(4) The day specified for the purpose of subparagraph (3)(b)(i) must
12
not be earlier than the day on which the notice is given.
13
Extension of period to apply for an injunction
14
(5) An objector may request that the period of 10 working days
15
mentioned in subparagraph (3)(b)(i) be extended. The objector
16
does so by giving a written notice to the Customs CEO, before the
17
end of the period, that specifies the grounds on which the request is
18
made.
19
(6) The Customs CEO may, in writing, extend the period if:
20
(a) a request is made in accordance with subsection (5); and
21
(b) the Customs CEO is satisfied that it is reasonable that the
22
request be granted.
23
The Customs CEO must not extend the period by more than 10
24
working days.
25
(7) The notice under subsection (1), and the extension under
26
subsection (6), are not legislative instruments.
27
23 Forfeiture of goods--by consent
28
(1) At any time before an objector makes an application for an
29
injunction under section 31 in relation to seized goods, the
30
designated owner of the goods may consent to them being forfeited
31
to the Commonwealth.
32
Part 4 Importation of goods, remedies and groundless threats
Division 2 Importation of goods
Section 24
20 Melbourne 2006 Commonwealth Games (Indicia and Images) Protection Bill 2005
No. , 2005
(2) The designated owner consents by giving a written notice to that
1
effect to the Customs CEO.
2
(3) If the designated owner gives such a notice:
3
(a) the goods are forfeited to the Commonwealth; and
4
(b) the goods must be disposed of as the Customs CEO directs.
5
Note:
For an exception to this requirement, see section 27.
6
24 Release of goods--no application for injunction
7
Customs CEO must release goods if objector consents
8
(1) At any time before the end of the application period, the Customs
9
CEO must release the seized goods to their designated owner if an
10
objector consents to the release of the goods. The objector consents
11
by giving a written notice to the Customs CEO before the end of
12
the application period.
13
Note:
For an exception to this requirement, see section 27.
14
Customs CEO may release goods if section 12 would not be
15
contravened
16
(2) At any time before the end of the application period, the CEO may
17
release the seized goods to their designated owner if:
18
(a) the CEO, having regard to information that has come to his
19
or her knowledge after the goods were seized, does not have
20
reasonable grounds for believing that section 12 would be
21
contravened by the importation of the goods; and
22
(b) an objector has not made an application for an injunction
23
under section 31 in relation to the goods.
24
Note:
In obtaining information for the purposes of this section, the Customs
25
CEO must comply with Principles 1, 2 and 3 in section 14 of the
26
Privacy Act 1988.
27
Customs CEO must release goods if section 20 notice ceases to be
28
in force
29
(3) At any time before the end of the application period, the Customs
30
CEO must release the seized goods to their designated owner if, at
31
that time:
32
Importation of goods, remedies and groundless threats Part 4
Importation of goods Division 2
Section 25
Melbourne 2006 Commonwealth Games (Indicia and Images) Protection Bill 2005 No. ,
2005 21
(a) there is no notice under section 20 that is in force in relation
1
to the goods; and
2
(b) no objector has made an application for an injunction under
3
section 31 in relation to the goods.
4
Note:
For an exception to this requirement, see section 27.
5
Customs CEO must release goods if no one applies for an
6
injunction
7
(4) At the end of the application period, the Customs CEO must
8
release the seized goods (not being goods forfeited to the
9
Commonwealth under section 23) to their designated owner unless,
10
within that period, an objector has:
11
(a) made an application for an injunction under section 31 in
12
relation to the goods; and
13
(b) given written notice of the application to the Customs CEO.
14
Note:
For an exception to this requirement, see section 27.
15
25 Application for injunction--additional parties, relief etc.
16
(1) This section applies if a person who is an objector in relation to
17
seized goods makes an application for an injunction under
18
section 31.
19
(2) A prescribed court in which the application is pending:
20
(a) may allow another person to join the application as a
21
respondent if:
22
(i) the person applies to be joined; and
23
(ii) the person has sufficient interest in the subject-matter of
24
the application; and
25
(b) must allow the Customs CEO to appear and be heard.
26
(3) In addition to any relief that the court may grant apart from this
27
section, the court may:
28
(a) at any time, if it thinks it just, order that the seized goods be
29
released to their designated owner subject to such conditions
30
(if any) as the court thinks fit; or
31
(b) order that the seized goods be forfeited to the
32
Commonwealth.
33
Part 4 Importation of goods, remedies and groundless threats
Division 2 Importation of goods
Section 26
22 Melbourne 2006 Commonwealth Games (Indicia and Images) Protection Bill 2005
No. , 2005
(4) The court may order the objector to pay compensation to the
1
designated owner of the goods or any other respondent if:
2
(a) the court decides that an injunction should not be granted
3
under section 31; and
4
(b) the designated owner or the respondent satisfies the court that
5
he or she has suffered loss or damage because the goods were
6
seized.
7
The amount of compensation determined by the court must
8
compensate the owner or respondent for any part of the loss or
9
damage that is attributable to any period beginning on or after the
10
day on which the application was made.
11
(5) The Customs CEO must release the goods to their designated
12
owner if, after the period of 3 weeks beginning on the day on
13
which the application was made, there is no order of the court in
14
force preventing the goods from being released.
15
Note:
For an exception to this requirement, see section 27.
16
(6) If the court orders that the goods be released, the Customs CEO
17
must comply with the order.
18
Note:
For an exception to this requirement, see section 27.
19
26 Disposal of goods ordered to be forfeited
20
If, under section 25, the court orders that goods be forfeited to the
21
Commonwealth, the goods are to be disposed of as the Customs
22
CEO directs.
23
Note:
For an exception to this requirement, see section 27.
24
27 Power of Customs CEO to retain control of goods
25
Despite this Part, the Customs CEO:
26
(a) must not release, or dispose of, any seized goods; and
27
(b) must not take any action in relation to the goods to give
28
effect to any order of a court under section 25;
29
if the Customs CEO is required or allowed to retain control of the
30
goods under any other law of the Commonwealth.
31
Importation of goods, remedies and groundless threats Part 4
Importation of goods Division 2
Section 28
Melbourne 2006 Commonwealth Games (Indicia and Images) Protection Bill 2005 No. ,
2005 23
28 Insufficient security
1
(1) This section applies if the security given under subsection 21(4) by
2
an objector or objectors is not sufficient to meet the expenses
3
incurred by the Commonwealth as a result of the action taken by
4
the Customs CEO under this Division because of the notice given
5
by the objector or objectors.
6
(2) The amount of the difference between those expenses and the
7
amount of security given:
8
(a) is a debt due by the objector, or by the objectors jointly and
9
severally, to the Commonwealth; and
10
(b) may be recovered by action in any court of competent
11
jurisdiction.
12
29 Commonwealth not liable for loss etc. suffered because of seizure
13
The Commonwealth is not liable for any loss or damage suffered
14
by a person:
15
(a) because the Customs CEO seized, or failed to seize, goods
16
under this Division; or
17
(b) because of the release or disposal of any seized goods.
18
30 Modification in relation to Norfolk Island etc.
19
The regulations may provide for the modification or adaptation of
20
this Division in its application to:
21
(a) Norfolk Island; and
22
(b) the Territory of Christmas Island; and
23
(c) the Territory of Cocos (Keeling) Islands.
24
Part 4 Importation of goods, remedies and groundless threats
Division 3 Remedies
Section 31
24 Melbourne 2006 Commonwealth Games (Indicia and Images) Protection Bill 2005
No. , 2005
1
Division 3--Remedies
2
31 Injunctions
3
(1) If a person has engaged, is engaging, or is proposing to engage, in
4
conduct that contravenes section 12, a prescribed court may grant
5
an injunction restraining the person from engaging in the conduct.
6
(2) The power of the court to grant an injunction may be exercised:
7
(a) whether or not it appears to the court that the person intends
8
to engage again, or to continue to engage, in conduct of that
9
kind; and
10
(b) whether or not the person has previously engaged in conduct
11
of that kind.
12
(3) An injunction under this section may only be granted on the
13
application of the Melbourne 2006 Commonwealth Games
14
Corporation or an authorised user.
15
(4) An injunction granted under this section on the application of a
16
person who is an authorised user (other than the ACGA or the
17
CGF) may only relate to Melbourne 2006 Commonwealth Games
18
indicia or images to which the person's authorisation under
19
section 56D of the Commonwealth Games Arrangements Act
20
2001 of Victoria relates.
21
(5) The court may discharge or vary an injunction granted under this
22
section.
23
(6) The powers conferred on the court by this section are in addition
24
to, and not in derogation of, any other powers of the court, whether
25
conferred by this Act or otherwise.
26
(7) For the purposes of subsection (4), if an indicium so closely
27
resembles the Melbourne 2006 Commonwealth Games indicium
28
referred to in that subsection that a reasonable person is likely to
29
mistake it for that Melbourne 2006 Commonwealth Games
30
indicium, the indicium is taken to be the Melbourne 2006
31
Commonwealth Games indicium referred to.
32
Importation of goods, remedies and groundless threats Part 4
Remedies Division 3
Section 32
Melbourne 2006 Commonwealth Games (Indicia and Images) Protection Bill 2005 No. ,
2005 25
32 Interim injunctions
1
(1) A prescribed court may grant an interim injunction pending the
2
determination of an application under section 31.
3
(2) For the purposes of subsection (1) of this section, a contravention
4
of section 12 is to be taken to have caused immediate and
5
irreparable damage to the applicant.
6
33 Corrective advertisements
7
(1) The Melbourne 2006 Commonwealth Games Corporation may
8
apply to a prescribed court for an order requiring a person to
9
publish a corrective advertisement at the person's expense.
10
(2) The court may make the order if the court is satisfied that the
11
person has engaged in conduct contravening section 12.
12
(3) The order must:
13
(a) specify the means (including a broadcast) by which the
14
person must publish the advertisement; and
15
(b) specify the times at which the advertisement must be
16
published.
17
(4) The terms of the advertisement must either:
18
(a) be specified in the order; or
19
(b) be determined in accordance with the order.
20
(5) This section does not limit the generality of section 31 and applies
21
whether or not relief is granted under that section.
22
34 Damages or accounts of profits
23
(1) If the Melbourne 2006 Commonwealth Games Corporation or an
24
authorised user (the plaintiff) suffers loss or damage as a result of
25
anything done by a person that contravenes section 12, the plaintiff
26
may bring an action under this section against the person.
27
Note:
A plaintiff may not bring an action under this section and section 56S
28
or 56T of the Commonwealth Games Arrangements Act 2001 of
29
Victoria: see subsections (6) and (7).
30
Part 4 Importation of goods, remedies and groundless threats
Division 3 Remedies
Section 35
26 Melbourne 2006 Commonwealth Games (Indicia and Images) Protection Bill 2005
No. , 2005
(2) The relief that a court may grant under this section is, at the option
1
of the plaintiff, either damages or an account of profits.
2
(3) The action must be brought within 3 years after the day on which
3
the contravention occurred.
4
(4) A request under section 14 for consent to the bringing of an action
5
must not be given later than the working day preceding the last
6
working day before this Act ceases to have effect.
7
Note:
For when this Act ceases to have effect, see section 47.
8
(5) The grant of an injunction under section 31 does not prevent the
9
award of damages or an account of profits under this section.
10
(6) However, a plaintiff may not bring an action against a person under
11
this section in relation to the use of Melbourne 2006
12
Commonwealth Games indicia or images if the plaintiff has
13
already brought an action against the person under section 56S or
14
56T of the Commonwealth Games Arrangements Act 2001 of
15
Victoria in relation to that use.
16
(7) A plaintiff may not continue an action against a person under this
17
section in relation to the use of Melbourne 2006 Commonwealth
18
Games indicia or images if the plaintiff brings an action against the
19
person under section 56S or 56T of the Commonwealth Games
20
Arrangements Act 2001 of Victoria in relation to that use.
21
35 Other remedies
22
(1) Subject to subsections 34(6) and (7), the remedies provided under
23
this Division are in addition to remedies provided by any law
24
(whether a law of the Commonwealth or a law of a State or
25
Territory) that confers any rights or powers on the Melbourne 2006
26
Commonwealth Games Corporation or an authorised user in
27
relation to conduct of a kind that contravenes section 12 of this
28
Act.
29
Note:
For other rules about the relationship between this Act and other laws,
30
see sections 43, 44 and 45.
31
(2) Without limiting the generality of subsection (1), the remedies
32
provided under this Division are in addition to the remedies
33
Importation of goods, remedies and groundless threats Part 4
Remedies Division 3
Section 35
Melbourne 2006 Commonwealth Games (Indicia and Images) Protection Bill 2005 No. ,
2005 27
provided by the Trade Practices Act 1974 in relation to engaging
1
in conduct that is misleading or deceptive (see section 52 of that
2
Act) and, in particular, in relation to representations:
3
(a) that goods or services have sponsorship or approval that they
4
do not have (see paragraph 53(c) of that Act); or
5
(b) that a corporation (as defined in that Act) has a sponsorship,
6
approval or affiliation that it does not have (see paragraph
7
53(d) of that Act).
8
(3) The references in subsection (2) to particular provisions of the
9
Trade Practices Act 1974 do not imply that other provisions of that
10
Act do not apply in relation to conduct of a kind that contravenes
11
section 12 of this Act.
12
Part 4 Importation of goods, remedies and groundless threats
Division 4 Groundless threats
Section 36
28 Melbourne 2006 Commonwealth Games (Indicia and Images) Protection Bill 2005
No. , 2005
1
Division 4--Groundless threats
2
36 Groundless threats of legal proceedings
3
(1) This section applies if the Melbourne 2006 Commonwealth Games
4
Corporation or an authorised user threatens to make an application,
5
or bring an action, against a person (the threatened person) on the
6
ground that the threatened person has engaged, is engaging, or is
7
proposing to engage in conduct that contravenes section 12.
8
(2) Any person aggrieved by the threat may bring an action in a
9
prescribed court against the Corporation or the authorised user (as
10
the case requires).
11
(3) In an action under this section, the court may:
12
(a) make a declaration that the Corporation or the authorised
13
user had no grounds for making the threat; and
14
(b) grant an injunction restraining the Corporation or the
15
authorised user from continuing to make the threat.
16
The court may also award damages for loss that the person
17
aggrieved has suffered as a result of the making of the threat.
18
(4) An action may not be brought under this section if the person who
19
made the threat has made an application, or brought an action,
20
under Division 3 against the threatened person in relation to the
21
act, or proposed act, to which the threat related.
22
(5) An action under this section may not be continued if the person
23
who made the threat makes an application, or brings an action,
24
under Division 3 against the threatened person in relation to the
25
act, or proposed act, to which the threat related.
26
(6) It is a defence to an action under this section that the conduct of the
27
threatened person, in relation to which the threat was made,
28
contravenes section 12.
29
Importation of goods, remedies and groundless threats Part 4
Groundless threats Division 4
Section 37
Melbourne 2006 Commonwealth Games (Indicia and Images) Protection Bill 2005 No. ,
2005 29
37 Counterclaim in action on groundless threats
1
(1) If the Melbourne 2006 Commonwealth Games Corporation or an
2
authorised user would be entitled to make an application, or bring
3
an action, against a person for contravening section 12, the
4
Corporation or the authorised user may, in an action under
5
section 36, make a counterclaim for any relief to which the
6
Corporation or the authorised user would be entitled under
7
Division 3.
8
(2) The provisions of Divisions 1, 2 and 3 apply as if a counterclaim
9
were an application or action made or brought by the Corporation
10
or an authorised user under Division 3.
11
Part 5 Jurisdiction and proceedings of prescribed courts
Section 38
30 Melbourne 2006 Commonwealth Games (Indicia and Images) Protection Bill 2005
No. , 2005
1
Part 5--Jurisdiction and proceedings of prescribed
2
courts
3
4
38 Prescribed courts
5
Each of the following courts is a prescribed court for the purposes
6
of this Act:
7
(a) the Federal Court;
8
(b) the Federal Magistrates Court;
9
(c) the Supreme Court of a State;
10
(d) the Supreme Court of the Australian Capital Territory;
11
(e) the Supreme Court of the Northern Territory;
12
(f) the Supreme Court of Norfolk Island.
13
39 Jurisdiction of Federal Court and Federal Magistrates Court
14
(1) The Federal Court has jurisdiction in relation to all matters arising
15
under this Act.
16
(2) The Federal Magistrates Court has jurisdiction in relation to all
17
matters arising under this Act.
18
40 Jurisdiction of other prescribed courts
19
(1) Each prescribed court (other than the Federal Court and the Federal
20
Magistrates Court) has federal jurisdiction in relation to all matters
21
arising under this Act.
22
(2) The jurisdiction conferred by subsection (1) on the Supreme Court
23
of a Territory is conferred to the extent that the Constitution
24
permits.
25
41 Transfer of proceedings
26
(1) A prescribed court in which an application has been made, or an
27
action brought, under this Act may, on the application of a party
28
made at any stage, by an order, transfer the application or action to
29
Jurisdiction and proceedings of prescribed courts Part 5
Section 41
Melbourne 2006 Commonwealth Games (Indicia and Images) Protection Bill 2005 No. ,
2005 31
another prescribed court having jurisdiction to hear and determine
1
the application or action.
2
(2) When a court transfers an application or action to another court:
3
(a) all relevant documents of record filed in the transferring court
4
must be sent to the other court by the Registrar or other
5
appropriate officer of the transferring court; and
6
(b) the application or action continues in the other court as if:
7
(i) it had been started there; and
8
(ii) all steps taken in the transferring court had been taken in
9
the other court.
10
Part 6 Miscellaneous
Section 42
32 Melbourne 2006 Commonwealth Games (Indicia and Images) Protection Bill 2005
No. , 2005
1
Part 6--Miscellaneous
2
3
42 Requirements for the Register
4
An entry in the register maintained by the Melbourne 2006
5
Commonwealth Games Corporation under section 56J of the
6
Commonwealth Games Arrangements Act 2001 of Victoria
7
must contain the following information in relation to an authorised
8
user (other than the ACGA or the CGF):
9
(a) whether the authorisation applies generally or in specified
10
circumstances;
11
(b) whether the authorisation authorises the use of all Melbourne
12
2006 Commonwealth Games indicia and images or specified
13
kinds of such indicia or images.
14
43 Trade mark and design rights
15
Nothing in this Act is intended to affect the operation of the
16
following Acts:
17
(a) the Trade Marks Act 1995;
18
(b) the Designs Act 2003;
19
or to affect any rights conferred, or liabilities imposed, by or under
20
those Acts.
21
44 Concurrent operation of State and Territory laws
22
It is the intention of the Parliament that this Act is not to apply to
23
the exclusion of a law of a State or Territory to the extent that the
24
law is capable of operating concurrently with this Act.
25
45 Avoiding direct inconsistency between this Act and the
26
Commonwealth Games Arrangements Act 2001 of
27
Victoria
28
A provision of this Act does not:
29
Miscellaneous Part 6
Section 46
Melbourne 2006 Commonwealth Games (Indicia and Images) Protection Bill 2005 No. ,
2005 33
(a) prohibit a person's use of Melbourne 2006 Commonwealth
1
Games indicia or images for commercial purposes; or
2
(b) impose a liability in respect of such use;
3
if the person is authorised to use, or is not prevented from using,
4
the indicia or images for commercial purposes under the following
5
provisions of the Commonwealth Games Arrangements Act
6
2001 of Victoria:
7
(c) section 56B (use of business or company names);
8
(d) section 56C (rights in respect of passing off);
9
(e) section 56E (authorisations by ACGA);
10
(f) section 56F (authorisations by CGF);
11
(g) section 56K (use of indicia and images without
12
authorisation).
13
46 Compensation for acquisition of property
14
(1) If:
15
(a) the operation of this Act would result in an acquisition of
16
property otherwise than on just terms; and
17
(b) the acquisition would not be valid, apart from this section,
18
because a particular person has not been compensated;
19
the Commonwealth is liable to pay a reasonable amount of
20
compensation to the person.
21
(2) If the Commonwealth and the person do not agree on the amount
22
of the compensation, the person may institute proceedings in a
23
court of competent jurisdiction for the recovery from the
24
Commonwealth of such reasonable amount of compensation as the
25
court determines.
26
(3) In determining the reasonable amount of compensation, any
27
damages or compensation recovered, or other remedy given, in a
28
proceeding begun otherwise than under this section and arising out
29
of the same event or transaction must be taken into account.
30
(4) In this section:
31
acquisition of property has the same meaning as in paragraph
32
51(xxxi) of the Constitution.
33
Part 6 Miscellaneous
Section 47
34 Melbourne 2006 Commonwealth Games (Indicia and Images) Protection Bill 2005
No. , 2005
just terms has the same meaning as in paragraph 51(xxxi) of the
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Constitution.
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47 Cessation of operation of Act
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If this Act is not repealed before the end of 30 June 2006, it ceases
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to have effect at that time.
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Note:
In relation to an Act that ceases to have effect, see section 8B of the
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Acts Interpretation Act 1901.
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48 Regulations
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The Governor-General may make regulations:
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(a) prescribing matters required or permitted by this Act to be
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prescribed; or
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(b) prescribing matters necessary or convenient to be prescribed
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for carrying out or giving effect to this Act.
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