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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Major Sporting Events (Indicia and
Images) Protection Bill 2014
No. , 2014
(Sport)
A Bill for an Act to provide for the regulation of the
use for commercial purposes of indicia and images
associated with certain major sporting events, and
for related purposes
No. , 2014
Major Sporting Events (Indicia and Images) Protection Bill 2014
i
Contents
Part 1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Objects of this Act ............................................................................. 2
4
Simplified outline of this Act ............................................................. 3
5
Act binds the Crown .......................................................................... 4
6
Application of Act ............................................................................. 4
7
Additional operation of Act ............................................................... 4
Part 2--Interpretation
6
8
Simplified outline of this Part ............................................................ 6
9
Dictionary .......................................................................................... 6
10
Interpretation provisions for protected indicia and images ................ 9
11
When protected indicia and images are applied to goods and
services .............................................................................................. 9
12
When protected indicia or images are used for commercial
purposes ........................................................................................... 10
13
Presumption relating to advertising or promotion etc. ..................... 12
14
Criticism, review and provision of information ............................... 12
Part 3--Regulation of use of protected indicia and images for
commercial purposes
13
Division 1--Introduction
13
15
Simplified outline of this Part .......................................................... 13
Division 2--Regulation of use of protected indicia and images
for commercial purposes
15
16
Regulation of use of protected indicia and images for
commercial purposes ....................................................................... 15
17
Persons involved in contravening section 16 ................................... 16
Division 3--Registration requirements for authorised persons
17
18
Register of authorised persons ......................................................... 17
19
State/Territory register provisions may apply .................................. 18
20
Person on register taken to be authorised person ............................. 18
21
Notifying Secretary and Customs CEO of changes to
registers ............................................................................................ 19
Part 4--Importation of goods
20
Division 1--Introduction
20
22
Simplified outline of this Part .......................................................... 20
ii
Major Sporting Events (Indicia and Images) Protection Bill 2014
No. , 2014
Division 2--Objection to importation and seizure of goods
22
23
Notice of objection to importation ................................................... 22
24
Limitation on giving notices of objection to importation ................ 22
25
Seizure of goods by Customs CEO .................................................. 23
26
Notice of seizure .............................................................................. 25
27
Inspection, release etc. of seized goods ........................................... 26
Division 3--Forfeiture or release of seized goods
28
28
Consent to forfeiture of seized goods .............................................. 28
29
Claim for release of seized goods .................................................... 28
30
Seized goods not claimed are forfeited ............................................ 28
31
Late claim for release of seized goods ............................................. 29
32
Objector to be notified of claim ....................................................... 29
33
Release of seized goods ................................................................... 29
34
Forfeiture or release of seized goods--by court following
application for injunction ................................................................. 31
35
Goods released but not collected are forfeited ................................. 32
36
Disposal of goods forfeited to the Commonwealth .......................... 32
37
Power of Customs CEO to retain control of goods .......................... 33
Division 4--Miscellaneous
34
38
Failure to comply with undertaking etc. .......................................... 34
39
Insufficient security ......................................................................... 34
40
Commonwealth not liable for loss etc. suffered because of
seizure .............................................................................................. 35
41
Determinations about owners of goods ............................................ 35
42
Notice to Customs CEO of imports by official users ....................... 35
43
Modification in relation to Norfolk Island etc. ................................ 35
Part 5--Remedies
36
44
Simplified outline of this Part .......................................................... 36
45
Injunctions ....................................................................................... 36
46
Interim injunctions ........................................................................... 37
47
Corrective advertisements ................................................................ 38
48
Damages or accounts of profits ........................................................ 38
49
Consent for authorised persons to pursue remedies ......................... 39
50
Remedies under this Part are additional ........................................... 40
Part 6--Groundless threats
41
51
Simplified outline of this Part .......................................................... 41
52
Groundless threats of legal proceedings .......................................... 41
No. , 2014
Major Sporting Events (Indicia and Images) Protection Bill 2014
iii
Part 7--Miscellaneous
44
53
Simplified outline of this Part .......................................................... 44
54
Copyright, design and trade mark rights not affected ...................... 44
55
Concurrent operation of State and Territory laws ............................ 44
56
Constitutional safety net--acquisition of property .......................... 45
57
Implied freedom of political communication ................................... 46
58
Rules ................................................................................................ 46
Schedule 1--Asian Football Confederation Asian Cup
2015
47
1
AFC Asian Cup 2015 is a major sporting event .............................. 47
2
Authorising body for AFC Asian Cup 2015 .................................... 47
3
Event bodies for AFC Asian Cup 2015 ........................................... 47
4
Protected indicia for AFC Asian Cup 2015 ..................................... 47
5
When protected indicia and images relate to an event body
for the AFC Asian Cup 2015 ........................................................... 50
6
Protection period for AFC Asian Cup 2015 ..................................... 50
Schedule 2--Cricket World Cup 2015
51
1
Cricket World Cup 2015 is a major sporting event .......................... 51
2
Authorising body for Cricket World Cup 2015 ............................... 51
3
Event bodies for Cricket World Cup 2015 ....................................... 51
4
Protected indicia for Cricket World Cup 2015 ................................ 51
5
When protected indicia and images relate to an event body
for the Cricket World Cup 2015 ...................................................... 54
6
Protection period for Cricket World Cup 2015 ................................ 54
Schedule 3--Gold Coast 2018 Commonwealth Games
55
1
Gold Coast 2018 Commonwealth Games is a major sporting
event ................................................................................................. 55
2
Authorising body for Gold Coast 2018 Commonwealth
Games .............................................................................................. 55
3
Event bodies for Gold Coast 2018 Commonwealth Games ............. 55
4
Protected indicia for Gold Coast 2018 Commonwealth
Games .............................................................................................. 55
5
When protected indicia relate to an event body for the Gold
Coast 2018 Commonwealth Games ................................................. 57
6
When protected images relate to an event body for the Gold
Coast 2018 Commonwealth Games ................................................. 57
7
Protection period for Gold Coast 2018 Commonwealth
Games .............................................................................................. 58
iv
Major Sporting Events (Indicia and Images) Protection Bill 2014
No. , 2014
8
Avoiding inconsistency between this Act and the
Commonwealth Games Arrangements Act 2011 (Qld) .................... 58
9
Applying register provisions of the Commonwealth Games
Arrangements Act 2011 (Qld) .......................................................... 58
10
Limitation for actions for damages or account of profits ................. 58
No. , 2014
Major Sporting Events (Indicia and Images) Protection Bill 2014
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 certain major sporting events, and
3
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 Major Sporting Events (Indicia and
9
Images) Protection Act 2014.
10
Part 1 Preliminary
Section 2
2
Major Sporting Events (Indicia and Images) Protection Bill 2014
No. , 2014
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 and
2 and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Sections 3 to
58
The later of:
(a) the day after this Act receives the Royal
Assent; and
(b) 1 July 2014.
3. Schedules 1, 2
and 3
At the same time as the provision(s) covered
by table item 2.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Objects of this Act
13
(1) The objects of this Act are:
14
(a) to protect and further the position of Australia as a participant
15
in, and a supporter of, sporting movements of international
16
significance; and
17
(b) to assist in protecting the relations, and in ensuring the
18
performance of the obligations, of Australian governments
19
and other Australian bodies with, and to, international bodies
20
Preliminary Part 1
Section 4
No. , 2014
Major Sporting Events (Indicia and Images) Protection Bill 2014
3
responsible for major sporting events associated with those
1
movements that are held in Australia.
2
(2) These objects are achieved by facilitating the raising of revenue in
3
relation to major sporting events through the regulation of the use
4
for commercial purposes of the indicia and images associated with
5
those events.
6
4 Simplified outline of this Act
7
This Act provides special protection in relation to the use for
8
commercial purposes of indicia and images connected with certain
9
major sporting events. The major sporting events are identified in
10
the Schedules to this Act.
11
Generally speaking, a person cannot use a major sporting event's
12
protected indicia or images for commercial purposes during the
13
event's protection period, unless the person is an official user for
14
the event (as defined in this Act).
15
A person does not contravene this prohibition if the person is
16
authorised to use, or is not prevented from using, the indicia or
17
images for commercial purposes under a provision of a law of a
18
State or Territory that is prescribed by the rules or specified in the
19
Schedule to this Act that covers the event.
20
There must be a register, either under this Act or under a State or
21
Territory law, that sets out details about authorisations to use
22
indicia and images for each event. The register must be published
23
on the internet.
24
Goods that are imported into Australia that have had a major
25
sporting event's protected indicia or images applied to them can be
26
seized by Customs and forfeited to the Commonwealth if the
27
designated owner's use of the indicia or images for commercial
28
purposes in relation to the goods would contravene the prohibition
29
in this Act.
30
Part 1 Preliminary
Section 5
4
Major Sporting Events (Indicia and Images) Protection Bill 2014
No. , 2014
There are a number of remedies available to official users for a
1
major sporting event, such as injunctions, damages or an account
2
of profits, and corrective advertisements. Some official users need
3
consent before seeking these remedies.
4
If an official user makes a groundless threat to make an application
5
or bring an action under this Act, any person aggrieved may bring
6
an action in a relevant court seeking a declaration or injunction, or
7
damages for loss that the person has suffered as a result of the
8
threat.
9
5 Act binds the Crown
10
This Act binds the Crown in each of its capacities.
11
6 Application of Act
12
This Act extends to:
13
(a) Norfolk Island; and
14
(b) the Territory of Christmas Island; and
15
(c) the Territory of Cocos (Keeling) Islands.
16
7 Additional operation of Act
17
In addition to its effect apart from this subsection, this Act also has
18
the effect that it would have if each reference to use for
19
commercial purposes were a reference to:
20
(a) use for commercial purposes by:
21
(i) a corporation to which paragraph 51(xx) of the
22
Constitution applies; or
23
(ii) a body corporate incorporated in a Territory; or
24
(b) use for commercial purposes by any person in the course of:
25
(i) trade or commerce with other countries; or
26
(ii) trade or commerce among the States; or
27
(iii) trade or commerce within a Territory, between a State
28
and a Territory or between the Territories; or
29
Preliminary Part 1
Section 7
No. , 2014
Major Sporting Events (Indicia and Images) Protection Bill 2014
5
(iv) the supply of goods or services to the Commonwealth, a
1
Territory, or to an authority or instrumentality of the
2
Commonwealth or of a Territory; or
3
(c) use for commercial purposes by any person by way of the use
4
of, or in the course of providing, a postal, telegraphic,
5
telephonic or other like service within the meaning of
6
paragraph 51(v) of the Constitution; or
7
(d) use for commercial purposes of:
8
(i) a trade mark; or
9
(ii) a design that is registered, or is capable of being
10
registered, under the Designs Act 2003; or
11
(iii) an artistic work in which copyright subsists; or
12
(e) use for commercial purposes by any person that detrimentally
13
affects the rights conferred by or under this Act on an official
14
user that is a corporation to which paragraph 51(xx) of the
15
Constitution applies.
16
Part 2 Interpretation
Section 8
6
Major Sporting Events (Indicia and Images) Protection Bill 2014
No. , 2014
Part 2--Interpretation
1
2
8 Simplified outline of this Part
3
This Part contains the Dictionary and certain other interpretation
4
provisions.
5
The Dictionary is a list of every term that is defined in this Act.
6
Many terms are defined in the Dictionary itself. If another
7
provision defines the term, the Dictionary has a signpost to that
8
definition.
9
Many key terms are defined in relation to a major sporting event by
10
reference to the Schedule to this Act that covers the event.
11
9 Dictionary
12
In this Act:
13
action period, in relation to particular seized goods, means the
14
period prescribed by the rules after notice of a claim for release of
15
the goods is given to the objector under section 32 of this Act.
16
advertisement means any writing, still or moving picture, sign,
17
symbol or other visual image, or any audible message, or any
18
combination of 2 or more of those things, that promotes:
19
(a) goods or services; or
20
(b) a person.
21
An advertisement may:
22
(c) be in the form of a signboard; or
23
(d) be in a newspaper or periodical; or
24
(e) be broadcast on radio or television; or
25
(f) be placed on a website; or
26
(g) be in any other form.
27
applied has a meaning affected by section 11.
28
Interpretation Part 2
Section 9
No. , 2014
Major Sporting Events (Indicia and Images) Protection Bill 2014
7
Australia includes the following external Territories:
1
(a) Norfolk Island;
2
(b) the Territory of Christmas Island;
3
(c) the Territory of Cocos (Keeling) Islands.
4
authorised person: see subsection 16(4).
5
authorising body, for a major sporting event, means the body
6
specified as the authorising body in the Schedule to this Act that
7
covers the event.
8
claim period, in relation to particular seized goods, means the
9
period prescribed by the rules after notice of seizure of the goods is
10
given to the designated owner under section 26.
11
commercial purposes has the meaning given by section 12.
12
covering: see subsection 11(4).
13
Customs CEO means the Chief Executive Officer of Customs.
14
designated owner, in relation to goods imported into Australia,
15
means:
16
(a) the person identified as the owner of the goods on the entry
17
made in relation to the goods under section 68 of the Customs
18
Act 1901; or
19
(b) if no such entry exists--the person determined to be the
20
owner of the goods under section 41 of this Act.
21
event body, for a major sporting event, means a body specified as
22
an event body in the Schedule to this Act that covers the event.
23
expression includes a word or phrase.
24
infringing goods: see subsection 23(2).
25
label: see subsection 11(4).
26
major sporting event means an event that is covered by a Schedule
27
to this Act.
28
Part 2 Interpretation
Section 9
8
Major Sporting Events (Indicia and Images) Protection Bill 2014
No. , 2014
objector, in relation to seized goods, means any official user for a
1
major sporting event who has given a notice under section 23 in
2
respect of those goods that is in force.
3
official user: each of the following is an official user for a major
4
sporting event:
5
(a) the authorising body for the event;
6
(b) any other event body for the event;
7
(c) an authorised person for the event.
8
personal information has the same meaning as in the Privacy Act
9
1988.
10
promote includes give publicity to.
11
protected images, of a major sporting event, means any visual or
12
aural representations that, to a reasonable person, in the
13
circumstances of the presentation, would suggest a connection with
14
the event.
15
protected indicia, of a major sporting event, means the protected
16
indicia specified in, or prescribed by rules made for the purposes
17
of, the Schedule to this Act that covers the event.
18
protected indicia and images, of a major sporting event, means
19
protected indicia, and protected images, of the event.
20
protected indicia or images, of a major sporting event, means
21
protected indicia, or protected images, of the event.
22
protection period, for a major sporting event, means the protection
23
period determined in accordance with the Schedule to this Act that
24
covers the event.
25
relate: for when protected indicia or images relate to an event body
26
for a major sporting event, see the Schedule to this Act that covers
27
the event.
28
relevant authorisation: see subsection 16(4).
29
relevant court means:
30
(a) the Federal Court of Australia; or
31
Interpretation Part 2
Section 10
No. , 2014
Major Sporting Events (Indicia and Images) Protection Bill 2014
9
(b) the Federal Circuit Court of Australia; or
1
(c) a court of a State or Territory that has jurisdiction in relation
2
to matters arising under this Act.
3
rules means rules made under section 58.
4
seized goods means goods seized under section 25.
5
supply: see subsection 12(4).
6
this Act includes the rules.
7
working day means a day that is not:
8
(a) a Saturday; or
9
(b) a Sunday; or
10
(c) a public holiday in the Australian Capital Territory.
11
10 Interpretation provisions for protected indicia and images
12
(1) The use in this Act of the words "indicia" and "images" is not
13
intended to express a contrary intention for the purposes of
14
section 23 of the Acts Interpretation Act 1901.
15
Note:
Paragraph 23(b) of the Acts Interpretation Act 1901 provides that
16
words in the plural include the singular.
17
(2) For the purposes of this Act, any protected indicia that are
18
represented in a language other than English are taken to be
19
protected indicia.
20
11 When protected indicia and images are applied to goods and
21
services
22
(1) Without limitation, protected indicia or images are applied to
23
goods or services if:
24
(a) in the case of goods--the indicia or images:
25
(i) are woven in, impressed on, worked into, or affixed or
26
annexed to, the goods; or
27
(ii) are applied to any covering, document, label, reel or
28
thing in or with which the goods are, or are intended to
29
be, dealt with or provided in the course of trade; or
30
Part 2 Interpretation
Section 12
10
Major Sporting Events (Indicia and Images) Protection Bill 2014
No. , 2014
(b) in the case of goods or services--the indicia or images:
1
(i) are used in an advertisement that promotes the goods or
2
services; or
3
(ii) are used in an invoice, price list, catalogue, brochure,
4
business letter, business paper or other commercial
5
document that relates to the goods or services.
6
(2) For the purposes of this Act, if:
7
(a) an advertisement promotes a particular person; and
8
(b) the person provides goods or services; and
9
(c) it would be concluded, by a reasonable person, that the
10
advertisement was designed to enhance the commercial
11
image of the person mentioned in paragraph (a);
12
the advertisement is taken to promote those goods or services.
13
(3) For the purposes of Parts 4 and 5, protected indicia or images are
14
applied to goods by a person if:
15
(a) the goods are imported into Australia for the purpose of sale
16
or distribution by the person; and
17
(b) when imported, the goods have already had the indicia or
18
images applied to them.
19
(4) In this Act:
20
covering includes packaging, frame, wrapper, container, stopper,
21
lid or cap.
22
label includes a band or ticket.
23
12 When protected indicia or images are used for commercial
24
purposes
25
(1) A person (the user) uses a major sporting event's protected indicia
26
or images for commercial purposes if:
27
(a) the user causes the event's protected indicia or images to be
28
applied to the user's goods or services; and
29
(b) the application is for the primary purpose of advertising or
30
promoting, or enhancing the demand for, the goods or
31
services; and
32
Interpretation Part 2
Section 12
No. , 2014
Major Sporting Events (Indicia and Images) Protection Bill 2014
11
(c) the application would suggest, to a reasonable person, that
1
the user is or was a sponsor of, or is or was the provider of
2
other support for:
3
(i) the major sporting event; or
4
(ii) any other event arranged by an event body for the major
5
sporting event in connection with the major sporting
6
event.
7
Note:
This rule is affected by sections 13 (presumption relating to
8
advertising etc.) and 14 (criticism, review and provision of
9
information).
10
(2) A person (the secondary user) also uses a major sporting event's
11
protected indicia or images for commercial purposes if:
12
(a) another person has used the event's protected indicia or
13
images for commercial purposes as described in
14
subsection (1) in relation to goods or services; and
15
(b) the other person is not an official user for the event; and
16
(c) any of the following applies:
17
(i) for goods or services--the secondary user supplies, or
18
offers to supply, the goods or services;
19
(ii) for goods--the secondary user exposes the goods for
20
supply by the secondary user;
21
(iii) for goods--the secondary user keeps the goods for
22
supply by the secondary user or by another person.
23
Note:
This rule is affected by sections 13 (presumption relating to
24
advertising etc.) and 14 (criticism, review and provision of
25
information).
26
(3) Subsection (2) does not apply for the purposes of sections 23
27
(notice of objection to importation of goods) and 25 (seizure of
28
goods by Customs CEO).
29
(4) In this Act:
30
supply includes:
31
(a) in the case of goods--supply (including resupply) by way of
32
sale, exchange, lease, hire or hire-purchase; and
33
(b) in the case of services--provide, grant or confer.
34
Part 2 Interpretation
Section 13
12
Major Sporting Events (Indicia and Images) Protection Bill 2014
No. , 2014
13 Presumption relating to advertising or promotion etc.
1
The application of protected indicia or images by a person for the
2
primary purpose of advertising or promoting, or enhancing the
3
demand for, the goods or services, is prima facie sufficient to
4
suggest the existence of a sponsorship arrangement, or the
5
provision of other support, for the purposes of paragraph 12(1)(c).
6
14 Criticism, review and provision of information
7
Doing any of the following is not alone sufficient to suggest the
8
existence of a sponsorship arrangement, or the provision of other
9
support, for the purposes of paragraph 12(1)(c):
10
(a) using protected indicia or images for the primary purpose of
11
criticism or review;
12
(b) using protected indicia or images for the primary purpose of
13
providing information, including through reporting news and
14
presenting current affairs.
15
Regulation of use of protected indicia and images for commercial purposes Part 3
Introduction Division 1
Section 15
No. , 2014
Major Sporting Events (Indicia and Images) Protection Bill 2014
13
Part 3--Regulation of use of protected indicia and
1
images for commercial purposes
2
Division 1--Introduction
3
15 Simplified outline of this Part
4
Generally speaking, a person cannot use a major sporting event's
5
protected indicia or images for commercial purposes during the
6
event's protection period, unless the person is an official user for
7
the event (that is, either an event body or an authorised person for
8
the event).
9
Event bodies can use the event's protected indicia or images for
10
commercial purposes during the protection period if the indicia or
11
images relate to the body.
12
Authorised persons can use the event's protected indicia or images
13
for commercial purposes during the protection period if the use of
14
the indicia or images is in accordance with the relevant
15
authorisation given by the event body to which the indicia or
16
images relate (or by a person on behalf of, or as authorised by, that
17
event body).
18
A person does not contravene the prohibition in this Act against
19
using a major sporting event's protected indicia or images for
20
commercial purposes if the person is authorised to use, or is not
21
prevented from using, the indicia or images for commercial
22
purposes under a provision of a law of a State or Territory that is
23
prescribed by the rules or specified in the Schedule to this Act that
24
covers the event.
25
An authorising body for a major sporting event must establish and
26
maintain a register, either under this Act or under a State or
27
Territory law, that sets out details about relevant authorisations
28
given to authorised persons for the event. The register must be
29
published on the internet.
30
Part 3 Regulation of use of protected indicia and images for commercial purposes
Division 1 Introduction
Section 15
14
Major Sporting Events (Indicia and Images) Protection Bill 2014
No. , 2014
Use by a person of protected indicia or images is taken to be use by
1
an authorised person that is covered by a relevant authorisation if
2
details of an authorisation in relation to the indicia or images are
3
included on the relevant register in relation to the person.
4
The authorising body must notify the Secretary of the Department
5
and the Customs CEO of changes to the register.
6
Regulation of use of protected indicia and images for commercial purposes Part 3
Regulation of use of protected indicia and images for commercial purposes Division 2
Section 16
No. , 2014
Major Sporting Events (Indicia and Images) Protection Bill 2014
15
Division 2--Regulation of use of protected indicia and
1
images for commercial purposes
2
16 Regulation of use of protected indicia and images for commercial
3
purposes
4
Person must not use protected indicia or images unless authorised
5
(1) A person must not use a major sporting event's protected indicia or
6
images for commercial purposes during the event's protection
7
period, except as provided by subsection (2) or (3).
8
Note:
There may be an exception under subsection (5) if the person is
9
authorised to use, or is not prevented from using, the indicia or images
10
for commercial purposes under certain State or Territory laws.
11
(2) An event body for a major sporting event may use any of the
12
event's protected indicia and images that relate to the event body
13
for commercial purposes during the event's protection period.
14
Note:
For when protected indicia and images relate to an event body for a
15
major sporting event, see the Schedule to this Act that covers the
16
event.
17
Authorisation for authorised persons
18
(3) An authorised person for a major sporting event may use, in
19
accordance with the relevant authorisation, any of the event's
20
protected indicia and images for commercial purposes during the
21
event's protection period.
22
Meaning of authorised person
23
(4) A person is an authorised person for a major sporting event if the
24
person has written authorisation (the relevant authorisation) from
25
either of the following to use any or all of the event's protected
26
indicia or images for commercial purposes:
27
(a) an event body to which the protected indicia or images relate;
28
(b) another person on behalf of, or as authorised by, such an
29
event body.
30
Part 3 Regulation of use of protected indicia and images for commercial purposes
Division 2 Regulation of use of protected indicia and images for commercial purposes
Section 17
16
Major Sporting Events (Indicia and Images) Protection Bill 2014
No. , 2014
Note 1:
For when protected indicia or images relate to an event body for a
1
major sporting event, see the Schedule to this Act that covers the
2
event.
3
Note 2:
An event body may also be an authorised person for the event if the
4
event body has a relevant authorisation in relation to particular
5
protected indicia or images.
6
Exception--authorisation etc. under State/Territory law
7
(5) Despite subsection (1), a person who uses a major sporting event's
8
protected indicia or images for commercial purposes does not
9
contravene this section if the person is authorised to use, or is not
10
prevented from using, the indicia or images for commercial
11
purposes under a provision of a law of a State or Territory that is:
12
(a) specified in the Schedule to this Act that covers the event; or
13
(b) prescribed by the rules in relation to the event.
14
Indicia that closely resemble protected indicia
15
(6) For the purposes of subsection (1), the use of an indicium that so
16
closely resembles a protected indicium for a major sporting event
17
that a reasonable person is likely to mistake it for the protected
18
indicium is taken to be the use of that protected indicium.
19
17 Persons involved in contravening section 16
20
For the purposes of this Act, a person is taken to have contravened
21
section 16 if:
22
(a) the person has attempted to contravene section 16; or
23
(b) the person has aided, abetted, counselled or procured a
24
person to contravene section 16; or
25
(c) the person has induced, or attempted to induce, a person,
26
whether by threats or promises or otherwise, to contravene
27
section 16; or
28
(d) the person has been in any way, directly or indirectly,
29
knowingly concerned in, or party to, the contravention by a
30
person of section 16; or
31
(e) the person has conspired with others to contravene
32
section 16.
33
Regulation of use of protected indicia and images for commercial purposes Part 3
Registration requirements for authorised persons Division 3
Section 18
No. , 2014
Major Sporting Events (Indicia and Images) Protection Bill 2014
17
Division 3--Registration requirements for authorised
1
persons
2
18 Register of authorised persons
3
Register of authorised persons
4
(1) The authorising body for a major sporting event must establish and
5
maintain a register of authorised persons for the event.
6
Note:
Section 19 (State/Territory registers) provides an exception to the
7
requirements in this section.
8
Details to be included in register
9
(2) The authorising body must include in the register the following
10
details for each relevant authorisation given to an authorised
11
person for the event:
12
(a) the name and principal place of business of the authorised
13
person;
14
(b) the protected indicia or images for the event that are covered
15
by the authorisation;
16
(c) the circumstances in which the authorised person is
17
authorised to use those indicia or images for commercial
18
purposes;
19
(d) if the authorisation is to use the indicia or images only during
20
a specified period--that period;
21
(e) the date on which the details are included;
22
(f) any other matter prescribed by the rules.
23
(3) If a relevant authorisation ceases to be in force for an authorised
24
person, the authorising body for the event must update the register
25
to include the date of effect of that cessation.
26
Publishing the register
27
(4) The authorising body must publish the register (including as
28
updated under subsection (3)) on the authorising body's website
29
and in any other manner prescribed by the rules.
30
Part 3 Regulation of use of protected indicia and images for commercial purposes
Division 3 Registration requirements for authorised persons
Section 19
18
Major Sporting Events (Indicia and Images) Protection Bill 2014
No. , 2014
Giving information to authorising bodies
1
(5) If a person other than an authorising body has given a relevant
2
authorisation as mentioned in subsection 16(4), that person must
3
give the authorising body sufficient information to allow the
4
authorising body to comply with this section.
5
19 State/Territory register provisions may apply
6
(1) Section 18 does not apply in relation to a relevant authorisation for
7
a major sporting event if:
8
(a) the Schedule to this Act that covers the event specifies, or the
9
rules prescribe in relation to the event, a provision of a law of
10
a State or Territory that establishes a register (the
11
State/Territory register) relating to authorisations to use
12
expressions or images in relation to the event; and
13
(b) the State/Territory register contains information about the
14
relevant authorisation.
15
(2) Before making rules for the purposes of paragraph (1)(a) in relation
16
to a major sporting event, the Minister must be satisfied that:
17
(a) substantially the same details in relation to authorisations to
18
use expressions or images in relation to the event are required
19
to be included in the State/Territory register as would
20
otherwise be required to be included under subsections 18(2)
21
and (3) of this Act; and
22
(b) the State/Territory register is required to be published on the
23
internet.
24
20 Person on register taken to be authorised person
25
(1) If details about an authorisation given to a person are included in
26
the register referred to in section 18, or the State/Territory register
27
referred to in section 19:
28
(a) the person is taken to be an authorised person for the major
29
sporting event concerned; and
30
(b) the use for commercial purposes of any protected indicia or
31
images referred to in the register in relation to the
32
Regulation of use of protected indicia and images for commercial purposes Part 3
Registration requirements for authorised persons Division 3
Section 21
No. , 2014
Major Sporting Events (Indicia and Images) Protection Bill 2014
19
authorisation or the person is taken to be covered by a
1
relevant authorisation given to the authorised person.
2
(2) However, if the register specifies circumstances in which, or a
3
period during which, the person is authorised to use protected
4
indicia or images, then the relevant authorisation referred to in
5
paragraph (1)(b) is taken only to cover the use of the indicia or
6
images in those circumstances or during that period.
7
Note:
The effect of this section is that a person can rely on the details
8
included in the register when working out whether another person is
9
an authorised person for the purposes of other provisions of this Act,
10
including:
11
(a) paragraph 12(2)(b) (secondary use of protected indicia or images
12
for commercial purposes); and
13
(b) Part 4 (importation of goods).
14
21 Notifying Secretary and Customs CEO of changes to registers
15
The authorising body must give the Secretary of the Department
16
and the Customs CEO written notice of any change to the register
17
referred to in section 18, or the State/Territory register referred to
18
in section 19, as soon as practicable after the change is made.
19
Part 4 Importation of goods
Division 1 Introduction
Section 22
20
Major Sporting Events (Indicia and Images) Protection Bill 2014
No. , 2014
Part 4--Importation of goods
1
Division 1--Introduction
2
22 Simplified outline of this Part
3
An official user for a major sporting event (the objector) can give
4
the Customs CEO a notice objecting to the importation of
5
infringing goods in relation to the event.
6
Generally, the Customs CEO must seize any infringing goods
7
imported after the objection notice is given. The Customs CEO
8
may decide not to seize goods if one or more objectors have not
9
given a written undertaking, or security, to cover the
10
Commonwealth's likely expenses if the goods were seized. The
11
Customs CEO may permit objectors to inspect seized goods.
12
The Customs CEO must notify the designated owner if goods are
13
seized. The designated owner may either consent to the forfeiture
14
of the goods to the Commonwealth, or make a claim for release of
15
the goods. If a claim is not made during the claim period, the goods
16
are forfeited to the Commonwealth.
17
If a claim is made during the claim period, the Customs CEO must
18
notify each objector. An objector must apply for an injunction
19
under section 45 before the end of the action period, otherwise the
20
Customs CEO must release the goods to the designated owner.
21
If an application for an injunction is made, the court may:
22
(a)
order the release of the goods; or
23
(b)
order that the goods be forfeited to the Commonwealth.
24
If the court orders the release of the goods, the court may also
25
order that compensation be paid to the designated owner.
26
The Customs CEO must release the goods if no order of the court
27
is in force within 20 working days after the application is made, or
28
at any time if each objector consents.
29
Importation of goods Part 4
Introduction Division 1
Section 22
No. , 2014
Major Sporting Events (Indicia and Images) Protection Bill 2014
21
The Customs CEO may also release seized goods at any time if
1
satisfied that there are no reasonable grounds for believing that the
2
designated owner's use of the indicia or images for commercial
3
purposes in relation to the goods would contravene section 16 and
4
no objector has made an application for an injunction.
5
However, the Customs CEO may retain control of goods if
6
required or allowed under any other Commonwealth law.
7
An official user must notify the Customs CEO if the official user is
8
importing goods that have any of the event's protected indicia or
9
images applied to them.
10
Part 4 Importation of goods
Division 2 Objection to importation and seizure of goods
Section 23
22
Major Sporting Events (Indicia and Images) Protection Bill 2014
No. , 2014
Division 2--Objection to importation and seizure of goods
1
23 Notice of objection to importation
2
(1) An official user for a major sporting event may give the Customs
3
CEO a written notice objecting to the importation, after the date of
4
the notice, of infringing goods.
5
(2) Goods are infringing goods if a major sporting event's protected
6
indicia or images have been applied to them, which the designated
7
owner of the goods is not authorised by this Act to use for
8
commercial purposes in relation to the goods.
9
Note:
Subsection 12(3) limits when indicia or images are used for
10
commercial purposes for the purposes of this section.
11
(3) The notice must be accompanied by any fee or document
12
prescribed by the rules.
13
(4) A notice may be revoked at any time by written notice given to the
14
Customs CEO by the objector.
15
(5) A notice ceases to be in force at the earliest of the following times:
16
(a) when the notice is revoked;
17
(b) at the end of the major sporting event's protection period;
18
(c) for a notice given by an authorised person in relation to
19
protected indicia or images covered by the relevant
20
authority--at the end of the period during which the person is
21
authorised to use the protected indicia or images.
22
24 Limitation on giving notices of objection to importation
23
(1) A person may only give a notice under section 23 in relation to a
24
major sporting event's protected indicia or images if:
25
(a) the person is an event body for the event and the protected
26
indicia or images relate to the event body; or
27
(b) the person is an authorised person for the event and the
28
protected indicia or images are covered by the relevant
29
authorisation.
30
Importation of goods Part 4
Objection to importation and seizure of goods Division 2
Section 25
No. , 2014
Major Sporting Events (Indicia and Images) Protection Bill 2014
23
Note 1:
For when protected indicia or images relate to an event body for a
1
major sporting event, see the Schedule to this Act that covers the
2
event.
3
Note 2:
An event body may also be an authorised person for the event if the
4
event body has a relevant authorisation in relation to particular
5
protected indicia or images.
6
Authorised persons require consent
7
(2) An authorised person for a major sporting event may not give a
8
notice under section 23 in relation to protected indicia or images
9
covered by a relevant authorisation except with the written consent
10
of the person (the authoriser) who gave the authorisation.
11
Note:
See also subsection 49(4) (consent not required in order to apply for
12
injunction relating to conduct involving seized goods).
13
(3) The authoriser is taken to have given the consent if:
14
(a) the authorised person gives the authoriser a written request
15
for the consent; and
16
(b) the authoriser neither gives nor refuses that consent before
17
the end of the third working day following the day on which
18
the request was given.
19
(4) Consent under subsection (2) must not be unreasonably refused.
20
25 Seizure of goods by Customs CEO
21
Customs CEO must seize goods
22
(1) The Customs CEO must seize goods that are subject to the control
23
of the Customs (within the meaning of the Customs Act 1901) if:
24
(a) the goods were manufactured outside Australia and imported
25
into Australia; and
26
(b) it appears to the Customs CEO that the goods are infringing
27
goods in relation to a major sporting event; and
28
(c) there is in force under section 23 a notice of objection to
29
importation that relates to the goods; and
30
(d) the Customs CEO does not make a decision under
31
subsection (2) or (3) in relation to the goods.
32
Part 4 Importation of goods
Division 2 Objection to importation and seizure of goods
Section 25
24
Major Sporting Events (Indicia and Images) Protection Bill 2014
No. , 2014
Note:
Subsection 12(3) limits when indicia or images are used for
1
commercial purposes for the purposes of this section.
2
When Customs CEO is not required to seize goods
3
(2) The Customs CEO may decide not to seize the goods if he or she is
4
satisfied that there are no reasonable grounds for believing that
5
section 16 of this Act would be contravened by the designated
6
owner's use of the indicia or images for commercial purposes in
7
relation to the goods.
8
(3) The Customs CEO may decide not to seize the goods if:
9
(a) the objector (or one or more of the objectors) has not given
10
the Customs CEO a written undertaking acceptable to the
11
Customs CEO to repay to the Commonwealth the expenses
12
(the seizure expenses) that may be incurred by the
13
Commonwealth if the goods were seized; or
14
(b) if the Customs CEO has required security to be given as
15
mentioned in subsection (4)--the objector (or one or more of
16
the objectors) does not give the security.
17
(4) The Customs CEO may require security to be given, instead of an
18
undertaking mentioned in paragraph (3)(a), in an amount that the
19
Customs CEO considers sufficient to repay the seizure expenses if:
20
(a) an amount payable under an undertaking given under
21
paragraph (3)(a) by the objector (or one or more of the
22
objectors) in relation to other goods has not been paid in
23
accordance with that undertaking; and
24
(b) the Customs CEO considers it reasonable in all the
25
circumstances to require the security.
26
(5) An undertaking may be withdrawn or varied if the Customs CEO
27
consents in writing to a written request from the objector or
28
objectors to do so.
29
Seized goods must be kept securely
30
(6) Goods seized under this section must be kept in a secure place as
31
directed by the Customs CEO.
32
Importation of goods Part 4
Objection to importation and seizure of goods Division 2
Section 26
No. , 2014
Major Sporting Events (Indicia and Images) Protection Bill 2014
25
26 Notice of seizure
1
(1) As soon as practicable after goods are seized under section 25, the
2
Customs CEO must give the designated owner and each objector a
3
written notice (the seizure notice) identifying the goods and stating
4
that the identified goods have been seized.
5
(2) The seizure notice must state that the goods will be released to the
6
designated owner if:
7
(a) the designated owner makes a claim for the release of the
8
goods within the claim period; and
9
(b) no objector has, by the end of the action period:
10
(i) applied for an injunction under section 45 in relation to
11
the goods; and
12
(ii) given the Customs CEO written notice of that
13
application.
14
(3) The seizure notice must also:
15
(a) set out the claim period for the goods; and
16
(b) set out the action period for the goods and state that the
17
action period will begin only if the designated owner makes a
18
claim for the release of the goods; and
19
(c) if the notice is given to an objector--state the name and the
20
address of the place of business or residence of the
21
designated owner (if known); and
22
(d) if the notice is given to the designated owner--state the name
23
and the address of the place of business or residence of:
24
(i) each objector; or
25
(ii) if an objector has nominated a person to be the
26
objector's agent or representative for the purposes of
27
this Part--that person.
28
(4) The Customs CEO may, at any time after the goods are seized,
29
give to an objector:
30
(a) the name and the address of the place of business or
31
residence of any person or body (whether in or outside
32
Australia) that made arrangements, on behalf of the
33
designated owner of the goods, for the goods to be brought to
34
Australia or any information that the Customs CEO has, and
35
Part 4 Importation of goods
Division 2 Objection to importation and seizure of goods
Section 27
26
Major Sporting Events (Indicia and Images) Protection Bill 2014
No. , 2014
believes on reasonable grounds may help in identifying and
1
locating, such a person or body; and
2
(b) any information (including personal information) that the
3
Customs CEO has and believes on reasonable grounds may
4
be relevant for the purpose of identifying and locating the
5
importer of the goods; and
6
(c) any information (including personal information) that the
7
Customs CEO has and believes on reasonable grounds may
8
be relevant for the purpose of identifying and locating the
9
designated owner of the goods.
10
27 Inspection, release etc. of seized goods
11
(1) The Customs CEO may permit an objector or the designated owner
12
to inspect seized goods.
13
(2) If an objector gives the Customs CEO the requisite undertakings,
14
the Customs CEO may permit the objector to remove one or more
15
samples of the seized goods from the custody of the Customs CEO
16
for inspection by the objector.
17
(3) If the designated owner gives the Customs CEO the requisite
18
undertakings, the Customs CEO may permit the designated owner
19
to remove one or more samples of the seized goods from the
20
custody of the Customs CEO for inspection by the designated
21
owner.
22
(4) The requisite undertakings are undertakings in writing that the
23
person giving the undertaking will:
24
(a) return the sample goods to the Customs CEO at a specified
25
time that is satisfactory to the Customs CEO; and
26
(b) take reasonable care to prevent damage to the sample goods.
27
(5) If the Customs CEO permits inspection of the seized goods, or the
28
removal of sample goods, by an objector in accordance with this
29
section, the Commonwealth is not liable to the designated owner
30
for any loss or damage suffered by the designated owner arising
31
out of:
32
(a) damage to any of the seized goods incurred during that
33
inspection; or
34
Importation of goods Part 4
Objection to importation and seizure of goods Division 2
Section 27
No. , 2014
Major Sporting Events (Indicia and Images) Protection Bill 2014
27
(b) anything done by the objector or any other person to, or in
1
relation to, sample goods removed from the custody of the
2
Customs CEO or any use made by the objector of such
3
sample goods.
4
Part 4 Importation of goods
Division 3 Forfeiture or release of seized goods
Section 28
28
Major Sporting Events (Indicia and Images) Protection Bill 2014
No. , 2014
Division 3--Forfeiture or release of seized goods
1
28 Consent to forfeiture of seized goods
2
Seized goods are forfeited to the Commonwealth if:
3
(a) the designated owner of the goods consents to the forfeiture
4
of the goods by written notice given to the Customs CEO;
5
and
6
(b) no objector has applied for an injunction under section 45 in
7
relation to the goods before the consent is given.
8
29 Claim for release of seized goods
9
(1) The designated owner may make a claim to the Customs CEO for
10
the release of seized goods.
11
(2) The claim must be made before the end of the claim period for the
12
goods.
13
(3) The claim must:
14
(a) be in the form (if any) prescribed by the rules; and
15
(b) include the information prescribed by the rules.
16
Note:
Sections 137.1 and 137.2 of the Criminal Code create offences for
17
providing false or misleading information or documents.
18
30 Seized goods not claimed are forfeited
19
(1) Seized goods are forfeited to the Commonwealth if a claim for the
20
release of the goods is not made within the claim period for the
21
goods.
22
(2) However, if the Customs CEO allows a late claim for release of the
23
goods (see section 31), the goods are taken not to have been
24
forfeited.
25
Importation of goods Part 4
Forfeiture or release of seized goods Division 3
Section 31
No. , 2014
Major Sporting Events (Indicia and Images) Protection Bill 2014
29
31 Late claim for release of seized goods
1
(1) The Customs CEO may allow the designated owner to make a
2
claim (the late claim) to the Customs CEO for the release of seized
3
goods after the end of the claim period for the goods.
4
(2) The Customs CEO may allow the late claim only if:
5
(a) no objector has applied for an injunction under section 45 in
6
relation to the goods; and
7
(b) the Customs CEO considers it reasonable in the
8
circumstances; and
9
(c) the goods have not been disposed of under section 36.
10
(3) An application may be made to the Administrative Appeals
11
Tribunal for the review of a decision of the Customs CEO under
12
subsection (1) refusing to allow a late claim for the release of
13
seized goods.
14
32 Objector to be notified of claim
15
(1) If the designated owner makes a claim for the release of seized
16
goods, the Customs CEO must, as soon as practicable, give notice
17
of the claim to each objector.
18
(2) The notice:
19
(a) must be in writing; and
20
(b) may include any information that the Customs CEO has, and
21
reasonably believes may be relevant, for the purpose of
22
identifying and locating either or both of the following:
23
(i) the importer of the goods;
24
(ii) any other person or body (whether in or outside
25
Australia) that made arrangements for the goods to be
26
brought to Australia.
27
33 Release of seized goods
28
(1) The Customs CEO must release seized goods to the designated
29
owner if:
30
Part 4 Importation of goods
Division 3 Forfeiture or release of seized goods
Section 33
30
Major Sporting Events (Indicia and Images) Protection Bill 2014
No. , 2014
(a) each objector gives written notice to the Customs CEO
1
stating that the objector consents to the release of the seized
2
goods; and
3
(b) the goods have not been disposed of under section 36.
4
(2) The Customs CEO may release seized goods to the designated
5
owner at any time if:
6
(a) the Customs CEO, having regard to information that has
7
come to his or her knowledge after the goods were seized, is
8
satisfied that there are no reasonable grounds for believing
9
that section 16 of this Act would be contravened by the
10
designated owner's use of the protected indicia or images for
11
commercial purposes in relation to the goods; and
12
(b) no objector has applied for an injunction under section 45 in
13
relation to the goods.
14
(3) The Customs CEO must release seized goods to the designated
15
owner if:
16
(a) the designated owner has made a claim for the release of the
17
goods; and
18
(b) no objector has, by the end of the action period:
19
(i) applied for an injunction under section 45 in relation to
20
the goods; and
21
(ii) given the Customs CEO written notice of that
22
application.
23
(4) The Customs CEO must release seized goods to the designated
24
owner if:
25
(a) the designated owner has made a claim for the release of the
26
goods; and
27
(b) an objector has applied for an injunction under section 45 in
28
relation to the goods; and
29
(c) at the end of a period of 20 working days commencing on the
30
day the application was made, there is not in force an order of
31
the court to which the application was made preventing the
32
release of the goods.
33
Note:
Section 37 (power of Customs CEO to retain control of goods)
34
provides an exception to the rules in this section.
35
Importation of goods Part 4
Forfeiture or release of seized goods Division 3
Section 34
No. , 2014
Major Sporting Events (Indicia and Images) Protection Bill 2014
31
34 Forfeiture or release of seized goods--by court following
1
application for injunction
2
(1) If an objector in relation to seized goods applies for an injunction
3
under section 45, the court may:
4
(a) at any time, if it thinks it just, order that the seized goods be
5
released to the designated owner subject to such conditions
6
(if any) as the court thinks fit; or
7
(b) order that the seized goods be forfeited to the
8
Commonwealth.
9
(2) The court may order the objector to pay compensation to the
10
designated owner or any other respondent if:
11
(a) the court decides that the injunction should not be granted;
12
and
13
(b) the designated owner or the respondent satisfies the court that
14
he or she has suffered loss or damage because the goods were
15
seized.
16
(3) The amount of compensation determined by the court must
17
compensate the owner or respondent for any part of the loss or
18
damage that is attributable to any period beginning on or after the
19
day on which the application was made.
20
(4) If the court orders that the goods be released, the Customs CEO
21
must comply with the order.
22
Note:
Section 37 (power of Customs CEO to retain control of goods)
23
provides an exception to the rule in this subsection.
24
(5) In hearing the application, the court:
25
(a) may allow another person to join the application as a
26
respondent if:
27
(i) the person applies to be joined; and
28
(ii) the person has sufficient interest in the subject-matter of
29
the application; and
30
(b) must allow the Customs CEO to appear and be heard.
31
(6) Subsection (1) applies in addition to any relief that the court may
32
grant apart from this section.
33
Part 4 Importation of goods
Division 3 Forfeiture or release of seized goods
Section 35
32
Major Sporting Events (Indicia and Images) Protection Bill 2014
No. , 2014
35 Goods released but not collected are forfeited
1
Seized goods are forfeited to the Commonwealth if:
2
(a) the goods are released by the Customs CEO to the designated
3
owner; and
4
(b) the designated owner does not take possession of the goods
5
within 90 days of the release.
6
36 Disposal of goods forfeited to the Commonwealth
7
(1) Seized goods forfeited to the Commonwealth must be disposed of:
8
(a) in the manner prescribed by the rules; or
9
(b) if no manner of disposal is prescribed--as the Customs CEO
10
directs.
11
Note:
Section 37 (power of Customs CEO to retain control of goods)
12
provides an exception to the rule in this subsection.
13
(2) However, goods forfeited under section 30 must not be disposed of
14
until 30 days after their forfeiture.
15
Note:
If the Customs CEO allows a late claim under section 31 for goods
16
that have been forfeited under section 30, the goods are taken not to
17
have been forfeited.
18
(3) Subsection (1) does not require the disposal of goods that are
19
required in relation to an application made, or an action brought,
20
under Part 5.
21
Right of compensation in certain circumstances
22
(4) Despite the forfeiture of seized goods to the Commonwealth, a
23
person may apply to a relevant court under this section for
24
compensation for the disposal of the goods.
25
(5) A right to compensation exists if:
26
(a) the use by the person of the protected indicia or images
27
applied to the goods for commercial purposes would not have
28
contravened section 16; and
29
(b) the person establishes, to the satisfaction of the court:
30
(i) that he or she was the owner of the goods immediately
31
before they were forfeited; and
32
Importation of goods Part 4
Forfeiture or release of seized goods Division 3
Section 37
No. , 2014
Major Sporting Events (Indicia and Images) Protection Bill 2014
33
(ii) that there were circumstances providing a reasonable
1
excuse for the failure to make a claim for the release of
2
the goods.
3
(6) If a right to compensation exists under subsection (4), the court
4
must order the payment by the Commonwealth to the person of an
5
amount equal to the market value of the goods at the time of their
6
disposal.
7
37 Power of Customs CEO to retain control of goods
8
Despite this Part, the Customs CEO:
9
(a) must not release, or dispose of, any seized goods; and
10
(b) must not take any action in relation to the goods to give
11
effect to any order of a court under section 34;
12
if the Customs CEO is required or allowed to retain control of the
13
goods under any other law of the Commonwealth.
14
Part 4 Importation of goods
Division 4 Miscellaneous
Section 38
34
Major Sporting Events (Indicia and Images) Protection Bill 2014
No. , 2014
Division 4--Miscellaneous
1
38 Failure to comply with undertaking etc.
2
(1) If an amount payable under an undertaking in relation to goods
3
covered by a notice given under section 23 is not paid in
4
accordance with the undertaking, the Customs CEO may decide
5
not to seize goods covered by the notice until the amount owing is
6
paid.
7
(2) An amount not paid under an undertaking:
8
(a) is a debt due by the objector, or by the objectors jointly or
9
each of them separately, to the Commonwealth; and
10
(b) may be recovered by an action taken in a relevant court.
11
(3) If the amount paid under an undertaking in relation to goods
12
covered by a notice given under section 23 is in accordance with
13
the undertaking but is not sufficient to meet the expenses incurred
14
by the Commonwealth as a result of the action taken by the
15
Customs CEO under this Part because of the notice, the amount of
16
the difference between those expenses and the amount paid:
17
(a) is a debt due by the objector, or by the objectors jointly or
18
each of them separately, to the Commonwealth; and
19
(b) may be recovered by an action taken in a relevant court.
20
39 Insufficient security
21
(1) This section applies if the security given by an objector or
22
objectors as required under subsection 25(4) is not sufficient to
23
meet the expenses incurred by the Commonwealth as a result of the
24
action taken by the Customs CEO under this Part because of the
25
notice given by the objector or objectors.
26
(2) The amount of the difference between those expenses and the
27
amount of security given:
28
(a) is a debt due by the objector, or by the objectors jointly and
29
severally, to the Commonwealth; and
30
(b) may be recovered by action in a relevant court.
31
Importation of goods Part 4
Miscellaneous Division 4
Section 40
No. , 2014
Major Sporting Events (Indicia and Images) Protection Bill 2014
35
40 Commonwealth not liable for loss etc. suffered because of seizure
1
The Commonwealth is not liable for any loss or damage suffered
2
by a person:
3
(a) because the Customs CEO seized, or failed to seize, goods
4
under this Part; or
5
(b) because of the release or disposal of any seized goods.
6
41 Determinations about owners of goods
7
The Customs CEO or an officer of Customs (within the meaning of
8
subsection 4(1) of the Customs Act 1901) may determine that a
9
person is the owner of goods for the purposes of paragraph (b) of
10
the definition of designated owner in section 9 of this Act if the
11
person is an owner (within the meaning of subsection 4(1) of the
12
Customs Act 1901) of the goods.
13
42 Notice to Customs CEO of imports by official users
14
(1) If:
15
(a) goods are to be imported by or for an official user for a major
16
sporting event during the event's protection period; and
17
(b) any of the event's protected indicia or images have been
18
applied to the goods;
19
the official user must give the Customs CEO a written notice
20
specifying the indicia or images so applied.
21
(2) The notice must set out particulars sufficient to enable the Customs
22
CEO to identify the goods.
23
43 Modification in relation to Norfolk Island etc.
24
The rules may provide for the modification or adaptation of this
25
Part in its application to any or all of the following:
26
(a) Norfolk Island;
27
(b) the Territory of Christmas Island;
28
(c) the Territory of Cocos (Keeling) Islands.
29
Part 5 Remedies
Section 44
36
Major Sporting Events (Indicia and Images) Protection Bill 2014
No. , 2014
Part 5--Remedies
1
2
44 Simplified outline of this Part
3
If section 16 is contravened in relation to a major sporting event,
4
official users have the following remedies:
5
(a)
injunctions;
6
(b)
damages or an account of profits.
7
An authorised person may only seek a remedy with the consent of
8
the person who gave the relevant authorisation.
9
The authorising body for the event may apply for an order
10
requiring a person to publish a corrective advertisement.
11
Generally, the remedies under this Part are in addition to remedies
12
available under other Commonwealth, State and Territory laws.
13
However, if an official user has brought an action for damages or
14
an account of profits under certain State or Territory laws, the
15
official user may be prevented from bringing or continuing such an
16
action under this Act.
17
45 Injunctions
18
(1) If a person has engaged, is engaging, or is proposing to engage, in
19
conduct that contravenes section 16, a relevant court may grant an
20
injunction restraining the person from engaging in the conduct.
21
(2) The power of the court to grant an injunction may be exercised:
22
(a) whether or not it appears to the court that the person intends
23
to engage again, or to continue to engage, in conduct of that
24
kind; and
25
(b) whether or not the person has previously engaged in conduct
26
of that kind.
27
Remedies Part 5
Section 46
No. , 2014
Major Sporting Events (Indicia and Images) Protection Bill 2014
37
(3) An injunction under this section may only be granted on the
1
application of an official user for the major sporting event
2
concerned.
3
(4) An official user for a major sporting event may only apply for an
4
injunction under this section in relation to the event's protected
5
indicia or images if:
6
(a) the official user is an event body for the event and the
7
protected indicia or images relate to the event body; or
8
(b) the official user is an authorised person for the event and the
9
protected indicia or images are covered by the relevant
10
authorisation.
11
Note 1:
For when protected indicia or images relate to an event body for a
12
major sporting event, see the Schedule to this Act that covers the
13
event.
14
Note 2:
An event body may also be an authorised person for the event if the
15
event body has a relevant authorisation in relation to particular
16
protected indicia or images.
17
(5) The court may discharge or vary an injunction granted under this
18
section.
19
(6) The powers conferred on the court by this section are in addition
20
to, and not in derogation of, any other powers of the court, whether
21
conferred by this Act or otherwise.
22
(7) For the purposes of subsection (4), if an indicium so closely
23
resembles the protected indicium referred to in that subsection that
24
a reasonable person is likely to mistake it for that protected
25
indicium, the indicium is taken to be the protected indicium.
26
46 Interim injunctions
27
(1) A relevant court may grant an interim injunction pending the
28
determination of an application under section 45.
29
(2) For the purposes of subsection (1) of this section, a contravention
30
of section 16 is to be taken to have caused immediate and
31
irreparable damage to the applicant.
32
Part 5 Remedies
Section 47
38
Major Sporting Events (Indicia and Images) Protection Bill 2014
No. , 2014
47 Corrective advertisements
1
(1) The authorising body for a major sporting event may, during the
2
event's protection period, apply to a relevant court for an order
3
requiring a person to publish a corrective advertisement at the
4
person's expense.
5
(2) The court may make the order if the court is satisfied that the
6
person has engaged in conduct contravening section 16 in relation
7
to the event.
8
(3) The order must:
9
(a) specify the means (including a broadcast) by which the
10
person must publish the advertisement; and
11
(b) specify the times at which the advertisement must be
12
published.
13
(4) The terms of the advertisement must either:
14
(a) be specified in the order; or
15
(b) be determined in accordance with the order.
16
(5) This section does not limit the generality of section 45
17
(injunctions) and applies whether or not relief is granted under that
18
section.
19
48 Damages or accounts of profits
20
(1) If an official user for a major sporting event suffers loss or damage
21
as a result of anything done by a person that contravenes section 16
22
in relation to the event, the official user may bring an action in a
23
relevant court against the person.
24
Note:
See also subsections (6), (7) and (8).
25
(2) The relief that the court may grant in an action under this section
26
is, at the option of the official user, either damages or an account of
27
profits.
28
(3) The action must be brought within 3 years after the day on which
29
the contravention occurred.
30
Remedies Part 5
Section 49
No. , 2014
Major Sporting Events (Indicia and Images) Protection Bill 2014
39
(4) A request under section 49 for consent to the bringing of an action
1
under this section must be given before the end of the protection
2
period for the event.
3
(5) This section applies whether or not relief is granted under
4
section 45 (injunctions).
5
(6) However, an official user for a major sporting event may not bring
6
an action against a person under this section in relation to the use
7
of the event's protected indicia or images if the official user has
8
already brought an action against the person in relation to that use
9
under a provision of a law of a State or Territory that is:
10
(a) specified in the Schedule to this Act that covers the event; or
11
(b) prescribed by the rules in relation to the event.
12
(7) An official user for a major sporting event may not continue an
13
action against a person under this section in relation to the use of
14
protected indicia or images if the official user brings an action
15
against the person in relation to that use under a provision specified
16
or prescribed as referred to in subsection (6).
17
(8) If the court grants an official user damages or an account of profits
18
under this section in relation to the use of a major sporting event's
19
protected indicia or images by a person, the official user may not
20
bring an action against the person under a provision specified or
21
prescribed as referred to in subsection (6).
22
49 Consent for authorised persons to pursue remedies
23
(1) An authorised person for a major sporting event may not do either
24
of the following in relation to protected indicia or images covered
25
by the relevant authorisation except with the written consent of the
26
person (the authoriser) who gave the authorisation:
27
(a) make an application for an injunction under section 45;
28
(b) bring an action for damages or for an account of profits under
29
section 48.
30
(2) The authoriser is taken to have given the consent if:
31
(a) the authorised person gives the authoriser a written request
32
for the consent; and
33
Part 5 Remedies
Section 50
40
Major Sporting Events (Indicia and Images) Protection Bill 2014
No. , 2014
(b) the authoriser neither gives nor refuses that consent before
1
the end of the third business day following the day on which
2
the request was given.
3
(3) Consent under subsection (1) must not be unreasonably refused.
4
(4) Paragraph (1)(a) does not apply if the authorised person is an
5
objector in relation to seized goods and the injunction relates to
6
conduct involving those goods.
7
50 Remedies under this Part are additional
8
(1) The remedies provided under this Part are in addition to remedies
9
provided by any law (whether a law of the Commonwealth or a law
10
of a State or Territory) that confers any rights or powers on an
11
official user for a major sporting event in relation to conduct of a
12
kind that contravenes section 16 of this Act.
13
Note:
For other rules about the relationship between this Act and other laws,
14
see subsection 16(5) and sections 54 and 55.
15
(2) Without limiting subsection (1), the remedies provided under this
16
Part are in addition to the remedies provided by the Australian
17
Consumer Law in relation to engaging in conduct that is
18
misleading or deceptive (see section 18 of the Australian
19
Consumer Law) and, in particular, in relation to representations:
20
(a) that goods or services have sponsorship or approval that they
21
do not have (see paragraph 29(1)(g) of the Australian
22
Consumer Law); or
23
(b) that a person has a sponsorship, approval or affiliation that
24
the person does not have (see paragraph 29(1)(h) of the
25
Australian Consumer Law).
26
(3) The references in subsection (2) to particular provisions of the
27
Australian Consumer Law do not imply that other provisions of the
28
Australian Consumer Law do not apply in relation to conduct of a
29
kind that contravenes section 16 of this Act.
30
(4) This section applies subject to subsections 48(6) and (7) (limitation
31
on bringing or continuing actions).
32
Groundless threats Part 6
Section 51
No. , 2014
Major Sporting Events (Indicia and Images) Protection Bill 2014
41
Part 6--Groundless threats
1
2
51 Simplified outline of this Part
3
If an official user makes a groundless threat to make an application
4
or bring an action under this Act, any person aggrieved may bring
5
an action in a relevant court seeking a declaration or injunction, or
6
damages for loss that the person has suffered as a result of the
7
threat.
8
A person may not bring or continue such an action if the official
9
user has made an application, or brought an action, under Part 5
10
against the threatened person in relation to the act, or proposed act,
11
to which the threat related.
12
It is a defence for an official user that the conduct of the threatened
13
person, in relation to which the threat was made, contravenes
14
section 16.
15
An official user may make a counterclaim for any relief to which
16
the official user would be entitled under Part 5.
17
52 Groundless threats of legal proceedings
18
(1) If an official user threatens to make an application, or bring an
19
action, under this Act against a person (the threatened person) on
20
the ground that the threatened person has engaged, is engaging, or
21
is proposing to engage in conduct that contravenes section 16, any
22
person aggrieved by the threat may bring an action in a relevant
23
court against the official user.
24
(2) Neither of the following alone constitute a threat to make an
25
application, or bring an action, for the purposes of subsection (1):
26
(a) a notification that a visual or aural representation is a
27
protected image for a major sporting event;
28
Part 6 Groundless threats
Section 52
42
Major Sporting Events (Indicia and Images) Protection Bill 2014
No. , 2014
(b) a notification that an indicium is a protected indicium for a
1
major sporting event.
2
Remedies
3
(3) In an action under this section, the court may:
4
(a) make a declaration that the official user had no grounds for
5
making the threat; and
6
(b) grant an injunction restraining the official user from
7
continuing to make the threat; and
8
(c) award damages for loss that the person aggrieved has
9
suffered as a result of the making of the threat.
10
Limitation on bringing or continuing action under this section
11
(4) An action may not be brought under this section if the official user
12
has made an application, or brought an action, under Part 5 against
13
the threatened person in relation to the act, or proposed act, to
14
which the threat related.
15
(5) An action under this section may not be continued if the official
16
user makes an application, or brings an action, under Part 5 against
17
the threatened person in relation to the act, or proposed act, to
18
which the threat related.
19
Defence--conduct of threatened person contravenes section 16
20
(6) It is a defence to an action under this section that the conduct of the
21
threatened person, in relation to which the threat was made,
22
contravenes section 16.
23
Counterclaim
24
(7) If the official user would be entitled to make an application, or
25
bring an action, against the threatened person for contravening
26
section 16, the official user may, in an action under this section,
27
make a counterclaim for any relief to which the official user would
28
be entitled under Part 5.
29
(8) Parts 4 and 5 apply as if a counterclaim were an application or
30
action made or brought by the official user under Part 5.
31
Groundless threats Part 6
Section 52
No. , 2014
Major Sporting Events (Indicia and Images) Protection Bill 2014
43
Protection--lawyer acting on behalf of client
1
(9) This section does not make a barrister or solicitor of the High
2
Court, or of the Supreme Court of a State or Territory, liable to an
3
action for an act done in a professional capacity on behalf of a
4
client.
5
Part 7 Miscellaneous
Section 53
44
Major Sporting Events (Indicia and Images) Protection Bill 2014
No. , 2014
Part 7--Miscellaneous
1
2
53 Simplified outline of this Part
3
This Part provides for a number of miscellaneous matters, such as:
4
(a)
interaction between this Act and other Commonwealth,
5
State and Territory laws; and
6
(b)
a constitutional safety net in relation to any acquisition
7
of property otherwise than on just terms, and any
8
constitutional doctrine of implied freedom of political
9
communication; and
10
(c)
the making of rules by the Minister.
11
54 Copyright, design and trade mark rights not affected
12
Nothing in this Act is intended to affect the operation of the
13
following Acts:
14
(a) the Copyright Act 1968;
15
(b) the Designs Act 2003;
16
(c) the Trade Marks Act 1995;
17
or to affect any rights conferred, or liabilities imposed, by or under
18
those Acts.
19
55 Concurrent operation of State and Territory laws
20
(1) It is the intention of the Parliament that this Act is not to apply to
21
the exclusion of a law of a State or Territory to the extent that the
22
law is capable of operating concurrently with this Act.
23
(2) Without limiting subsection (1), this Part is not intended to exclude
24
or limit the concurrent operation of a law of a State or Territory
25
that does any one or more of the following:
26
(a) prohibits conduct that would contravene section 16 of this
27
Act;
28
Miscellaneous Part 7
Section 56
No. , 2014
Major Sporting Events (Indicia and Images) Protection Bill 2014
45
(b) prohibits the use of an expression or image in relation to a
1
major sporting event for purposes or in circumstances where
2
that use is not authorised by subsection 16(2) or (3) of this
3
Act;
4
(c) prohibits the use of different expressions or images in
5
relation to a major sporting event to the expressions or
6
images that constitute the event's protected indicia or images
7
under this Act.
8
(3) Subsection (2) applies even if the law of the State or Territory does
9
any or all of the following:
10
(a) provides that a person whose conduct contravenes a
11
prohibition in that law against the use of an expression or
12
image in relation to a major sporting event is liable to an
13
offence against that law, or another liability that is not
14
provided for under this Act;
15
(b) provides different remedies to enforce a prohibition in that
16
law against the use of an expression or image in relation to a
17
major sporting event to those provided under this Act;
18
(c) requires different details to be included on a register that is
19
required to be established under that law in relation to
20
authorisations to use particular expressions or images to the
21
details that are required to be included on a register
22
established under this Act.
23
56 Constitutional safety net--acquisition of property
24
This Act does not apply to the extent (if any) to which:
25
(a) the operation of this Act would result in the acquisition of
26
property (within the meaning of paragraph 51(xxxi) of the
27
Constitution) from a person otherwise than on just terms
28
(within the meaning of that paragraph); and
29
(b) the acquisition would be invalid because of
30
paragraph 51(xxxi) of the Constitution.
31
Part 7 Miscellaneous
Section 57
46
Major Sporting Events (Indicia and Images) Protection Bill 2014
No. , 2014
57 Implied freedom of political communication
1
This Act does not apply to the extent (if any) that it would infringe
2
any constitutional doctrine of implied freedom of political
3
communication.
4
58 Rules
5
The Minister may, by legislative instrument, make rules
6
prescribing matters:
7
(a) required or permitted by this Act to be prescribed by the
8
rules; or
9
(b) necessary or convenient to be prescribed for carrying out or
10
giving effect to this Act.
11
Asian Football Confederation Asian Cup 2015 Schedule 1
Clause 1
No. , 2014
Major Sporting Events (Indicia and Images) Protection Bill 2014
47
Schedule 1--Asian Football Confederation
1
Asian Cup 2015
2
Note:
See section 9.
3
4
5
1 AFC Asian Cup 2015 is a major sporting event
6
(1) The event known as the Asian Football Confederation Asian Cup
7
2015 is a major sporting event covered by this Schedule.
8
(2) In this Schedule:
9
AFC Asian Cup 2015 means the event mentioned in subclause (1).
10
2 Authorising body for AFC Asian Cup 2015
11
The body known as the Asian Football Confederation is the
12
authorising body for the AFC Asian Cup 2015.
13
3 Event bodies for AFC Asian Cup 2015
14
The following are event bodies for the AFC Asian Cup 2015:
15
(a) the authorising body;
16
(b) Local Organising Committee AFC Asian Cup 2015 Australia
17
(ACN 15 777 1330);
18
(c) the body known as Football Federation Australia.
19
4 Protected indicia for AFC Asian Cup 2015
20
(1) The following are protected indicia for the AFC Asian Cup 2015:
21
(a) any of the following:
22
(i) AC2015;
23
(ii) AFC Asian Cup;
24
(iii) AFC Asian Cup 2015 Qualifiers;
25
(iv) AFC Asian Cup Australia 2015;
26
(v) AFC Asian Football Confederation;
27
Schedule 1 Asian Football Confederation Asian Cup 2015
Clause 4
48
Major Sporting Events (Indicia and Images) Protection Bill 2014
No. , 2014
(vi) Asian Cup;
1
(vii) Asian Cup 2015;
2
(viii) Asian Cup Australia 2015;
3
(ix) Local Organising Committee AFC Asian Cup Australia
4
2015;
5
(b) any combination of a Table A expression (see subclause (2))
6
with a Table B expression (see subclause (3));
7
(c) any expression, or any combination of one or more
8
expressions, that is prescribed by the rules.
9
(2) For the purposes of paragraph (1)(b), the Table A expressions for
10
the AFC Asian Cup 2015 are set out in the following table:
11
12
Table A expressions
Item
Expressions
1
AC2015
2
AFC Asian Cup
3
AFC Asian Cup Australia
4
Asian Cup
5
Asian Football Confederation
6
Asian Football Cup
7
Asian Soccer Cup
13
(3) For the purposes of paragraph (1)(b), the Table B expressions for
14
the AFC Asian Cup 2015 are set out in the following table:
15
16
Table B expressions
Item
Expressions
1
2015
2
agent
3
broadcaster
4
caterer
5
champions
Asian Football Confederation Asian Cup 2015 Schedule 1
Clause 4
No. , 2014
Major Sporting Events (Indicia and Images) Protection Bill 2014
49
Table B expressions
Item
Expressions
6
championship
7
city
8
commercial
9
country
10
event
11
Fanzone
12
finalists
13
football
14
goal scorer
15
hospitality
16
host
17
hotel
18
licensed
19
licensee
20
local
21
merchandise
22
most valuable player
23
MVP
24
official
25
partner
26
product
27
qualifier
28
retail
29
shop
30
soccer
31
sponsor
32
store
33
supplier
34
supporter
35
Team of the Tournament
Schedule 1 Asian Football Confederation Asian Cup 2015
Clause 5
50
Major Sporting Events (Indicia and Images) Protection Bill 2014
No. , 2014
Table B expressions
Item
Expressions
36
ticketing
37
training site
38
travel
39
trophy
40
venue
1
5 When protected indicia and images relate to an event body for the
2
AFC Asian Cup 2015
3
(1) Protected indicia and images for the AFC Asian Cup 2015 relate to
4
the authorising body, except as prescribed by the rules.
5
(2) Protected indicia or images relate to any other event body for the
6
AFC Asian Cup 2015 as prescribed by the rules.
7
6 Protection period for AFC Asian Cup 2015
8
The protection period for the AFC Asian Cup 2015 is the period:
9
(a) starting at the commencement of this clause; and
10
(b) ending on:
11
(i) 30 June 2015; or
12
(ii) an earlier day prescribed by the rules.
13
Cricket World Cup 2015 Schedule 2
Clause 1
No. , 2014
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Schedule 2--Cricket World Cup 2015
1
Note:
See section 9.
2
3
4
1 Cricket World Cup 2015 is a major sporting event
5
The event known as the Cricket World Cup 2015 is a major
6
sporting event covered by this Schedule.
7
2 Authorising body for Cricket World Cup 2015
8
ICC Development (International) Ltd (ABN 45 840 543 432) is the
9
authorising body for the Cricket World Cup 2015.
10
3 Event bodies for Cricket World Cup 2015
11
The following are event bodies for the Cricket World Cup 2015:
12
(a) the authorising body;
13
(b) the body known as the International Cricket Council;
14
(c) Cricket World Cup 2015 Ltd (ACN 16 267 2675);
15
(d) the body known as Cricket Australia.
16
4 Protected indicia for Cricket World Cup 2015
17
(1) The following are protected indicia for the Cricket World Cup
18
2015:
19
(a) any of the following:
20
(i) Cricket World Champions;
21
(ii) Cricket World Cup;
22
(iii) Cricket World Cup 2015;
23
(iv) Cricket World Cup Champions;
24
(v) Cricket World Tournament;
25
(vi) Cricket World Tournament Sponsor;
26
(vii) Cricket World Trophy;
27
(viii) CWC;
28
Schedule 2 Cricket World Cup 2015
Clause 4
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(ix) CWC2015;
1
(x) ICC Cricket World Cup;
2
(xi) International Cricket Council;
3
(b) any combination of a Table A expression (see subclause (2))
4
with a Table B expression (see subclause (3));
5
(c) any expression, or any combination of one or more
6
expressions, that is prescribed by the rules.
7
(2) For the purposes of paragraph (1)(b), the Table A expressions for
8
the Cricket World Cup 2015 are set out in the following table:
9
10
Table A expressions
Item
Expressions
1
Cricket World Cup
2
CWC
3
ICC
4
ICC Cricket World Cup
5
ICC Cricket World Cup event
6
ICC World Cup
7
International Cricket Council
8
World Cup Cricket
11
(3) For the purposes of paragraph (1)(b), the Table B expressions for
12
the Cricket World Cup 2015 are set out in the following table:
13
14
Table B expressions
Item
Expressions
1
2015
2
agent
3
broadcast
4
broadcaster
5
caterer
6
champion
Cricket World Cup 2015 Schedule 2
Clause 4
No. , 2014
Major Sporting Events (Indicia and Images) Protection Bill 2014
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Table B expressions
Item
Expressions
7
city
8
commercial
9
Fanzone
10
finalist
11
finalists
12
hospitality
13
host
14
licensed
15
licensee
16
merchandise
17
merchandiser
18
nation
19
official
20
partner
21
product
22
qualifier
23
retail
24
sponsor
25
store
26
supplier
27
ticket
28
ticketing
29
travel
30
trophy
31
venue
1
Schedule 2 Cricket World Cup 2015
Clause 5
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5 When protected indicia and images relate to an event body for the
1
Cricket World Cup 2015
2
(1) Protected indicia and images for the Cricket World Cup 2015
3
relate to the authorising body, except as prescribed by the rules.
4
(2) Protected indicia or images relate to any other event body for the
5
Cricket World Cup 2015 as prescribed by the rules.
6
6 Protection period for Cricket World Cup 2015
7
The protection period for the Cricket World Cup 2015 is the
8
period:
9
(a) starting at the commencement of this clause; and
10
(b) ending on:
11
(i) 31 March 2016; or
12
(ii) an earlier day prescribed by the rules.
13
Gold Coast 2018 Commonwealth Games Schedule 3
Clause 1
No. , 2014
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Schedule 3--Gold Coast 2018 Commonwealth
1
Games
2
Note:
See section 9.
3
4
5
1 Gold Coast 2018 Commonwealth Games is a major sporting event
6
The event known as the Gold Coast 2018 Commonwealth Games
7
is a major sporting event covered by this Schedule.
8
2 Authorising body for Gold Coast 2018 Commonwealth Games
9
The Gold Coast 2018 Commonwealth Games Corporation (ABN
10
47 959 083 668) is the authorising body for the Gold Coast 2018
11
Commonwealth Games.
12
3 Event bodies for Gold Coast 2018 Commonwealth Games
13
The following are event bodies for the Gold Coast 2018
14
Commonwealth Games:
15
(a) the authorising body;
16
(b) the body known as the Commonwealth Games Federation;
17
(c) the Australian Commonwealth Games Association (ABN
18
55 165 736 898).
19
4 Protected indicia for Gold Coast 2018 Commonwealth Games
20
(1) The following are protected indicia for the Gold Coast 2018
21
Commonwealth Games:
22
(a) any of the following:
23
(i) Australian Commonwealth Games;
24
(ii) Australian Commonwealth Games Association;
25
(iii) Coast 2018 Games;
26
(iv) Commonwealth Games;
27
(v) Commonwealth Games Federation;
28
Schedule 3 Gold Coast 2018 Commonwealth Games
Clause 4
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(vi) GC18;
1
(vii) GC2018;
2
(viii) Gold Coast 2018 Commonwealth Games;
3
(ix) Gold Coast 2018 Games;
4
(x) Gold Coast Commonwealth Games;
5
(xi) GOLDOC;
6
(xii) Queen's Baton Relay;
7
(b) any combination of an expression set out in an item in List A
8
of the table in subclause (2) with an expression set out in that
9
item in List B;
10
(c) any expression, or any combination of one or more
11
expressions, that is prescribed by the rules.
12
(2) For the purposes of paragraph (1)(b), the table is as follows:
13
14
Combinations of expressions
Item
List A
List B
1
21st
2018
Comm Games
Commonwealth Games
2
Commonwealth Games
Commonwealth Games athlete
Bronze
Gold
Silver
3
Australian Commonwealth Games
team
GC2018
Gold Coast
Gold Coast 2018
4
Australian Commonwealth Games
team
Commonwealth Games
Celebrating 2018
Coast Games
Delivering 2018
Embracing 2018
Gold Coast 2018 Arts and
Community Festival Program
Gold Coast 2018 Cultural Program
Gold Coast Games
partner
Gold Coast 2018 Commonwealth Games Schedule 3
Clause 5
No. , 2014
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Combinations of expressions
Item
List A
List B
provider
sponsor
supplier
venue
1
5 When protected indicia relate to an event body for the Gold Coast
2
2018 Commonwealth Games
3
(1) All protected indicia for the Gold Coast 2018 Commonwealth
4
Games relate to the Gold Coast 2018 Commonwealth Games
5
Corporation, except as provided by or under subclause (2), (3) or
6
(4).
7
(2) The indicium "Australian Commonwealth Games Association"
8
relates to the body known as the Australian Commonwealth
9
Games Association.
10
(3) The indicium "Commonwealth Games Federation" relates to the
11
body known as the Commonwealth Games Federation.
12
(4) An indicium prescribed by the rules under paragraph 4(1)(c) of this
13
Schedule relates to an event body for the Gold Coast 2018
14
Commonwealth Games as prescribed by the rules.
15
6 When protected images relate to an event body for the Gold Coast
16
2018 Commonwealth Games
17
(1) All protected images for the Gold Coast 2018 Commonwealth
18
Games relate to the Gold Coast 2018 Commonwealth Games
19
Corporation, except as provided by subclause (2) or (3).
20
(2) An ACGA image (within the meaning of the Commonwealth
21
Games Arrangements Act 2011 (Qld)) relates to the body known as
22
the Australian Commonwealth Games Association.
23
Schedule 3 Gold Coast 2018 Commonwealth Games
Clause 7
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(3) A CGF image (within the meaning of the Commonwealth Games
1
Arrangements Act 2011 (Qld)) relates to the body known as the
2
Commonwealth Games Federation.
3
7 Protection period for Gold Coast 2018 Commonwealth Games
4
The protection period for the Gold Coast 2018 Commonwealth
5
Games is the period:
6
(a) starting at the commencement of this clause; and
7
(b) ending on:
8
(i) 31 December 2018; or
9
(ii) an earlier day prescribed by the rules.
10
8 Avoiding inconsistency between this Act and the Commonwealth
11
Games Arrangements Act 2011 (Qld)
12
For paragraph 16(5)(a) of this Act, sections 51 to 56 of the
13
Commonwealth Games Arrangements Act 2011 (Qld) are specified
14
in relation to the Gold Coast 2018 Commonwealth Games.
15
9 Applying register provisions of the Commonwealth Games
16
Arrangements Act 2011 (Qld)
17
For paragraph 19(1)(a) of this Act, section 57 (Register of
18
authorities) of the Commonwealth Games Arrangements Act 2011
19
(Qld) is specified in relation to the Gold Coast 2018
20
Commonwealth Games.
21
Note:
The effect of this clause is that the Gold Coast 2018 Commonwealth
22
Games Corporation is not required to keep a separate register under
23
section 18 of this Act.
24
10 Limitation for actions for damages or account of profits
25
For paragraph 48(6)(a) of this Act, sections 62 (Damages) and 63
26
(Account of profits) of the Commonwealth Games Arrangements
27
Act 2011 (Qld) are specified in relation to the Gold Coast 2018
28
Commonwealth Games.
29
Gold Coast 2018 Commonwealth Games Schedule 3
Section 10
No. , 2014
Major Sporting Events (Indicia and Images) Protection Bill 2014
1
1