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2019-2020-2021
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
MAJOR SPORTING EVENTS (INDICIA AND IMAGES) PROTECTION AND
OTHER LEGISLATION AMENDMENT BILL 2021
SUPPLEMENTARY EXPLANATORY MEMORANDUM
Amendments to be Moved on Behalf of the Government
(Circulated by authority of the Minister for Sport, Senator the Hon Richard Colbeck)
AMENDMENTS TO THE MAJOR SPORTING EVENTS (INDICIA AND IMAGES)
PROTECTION AND OTHER LEGISLATION AMENDMENT BILL 2021
OUTLINE
The Major Sporting Events (Indicia and Images) Protection and Other Legislation
Amendment Bill 2021 (the Bill) amends the Major Sporting Events (Indicia and Images)
Protection Act 2014 (the Act) to provide protection against ambush marketing by association
for the Fédération Internationale de Football Association (FIFA) Women's World Cup
Australia New Zealand 2023 (FIFA Women's World Cup) and International Cricket Council
(ICC) Men's T20 World Cup 2022 (ICC T20 World Cup).
The amendments to the Bill address two recommendations made by the Senate Standing
Committee for the Scrutiny of Bills, as follows:
1. Prescribe the new FIFA entity (FWWC2023 Pty Ltd) as an event body for the FIFA
Women's World Cup Australia New Zealand 2023
The first amendment to the Bill prescribes the now established FIFA entity in the primary
legislation as an event body for the FIFA Women's World Cup 2023. This entity was not
established at the time the Bill was introduced to Parliament.
2. Include at least high-level guidance on the face of the primary legislation as to the
circumstances in which it would be appropriate to prescribe additional event bodies
in the rules
The second amendment to the Bill has the effect that additional event bodies can only be
prescribed through the rules where the authorising body for the event has requested, in
writing, that the Minister make the rules and the Minister is satisfied that there was a delay in
the establishment of the body that prevented the body from being specified by name in that
Schedule, or there has been a change of name of an existing event body for the event. The
capacity to prescribe additional event bodies would be considered appropriate should an
unforeseen delay in establishment of an event's organising entity occur for future events (as
experienced with the delayed establishment of the FIFA entity). It would also be considered
appropriate to address an event body undergoing a formal change of name which is a genuine
possibility to reoccur given the number of sporting events that continue to be postponed as a
result of the COVID-19 pandemic.
Protection of the events' indicia and images during this period will enable tournament
organisers to protect existing sponsors, attract additional sponsors, and achieve sponsorship
revenue targets. In turn, this will reduce the financial impact on government.
Financial Impact Statement
Nil.
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Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
MAJOR SPORTING EVENTS (INDICIA AND IMAGES) PROTECTION AND
OTHER LEGISLATION AMENDMENT BILL 2021
OUTLINE
The government amendments are compatible with the human rights and freedoms recognised
or declared in the international instruments listed in section 3 of the Human Rights
(Parliamentary Scrutiny) Act 2011.
Overview of the amendments
The amendments to the Major Sporting Events (Indicia and Images) Protection and Other
Legislation Amendment Bill 2021 (the Bill) address two recommendations made by the
Senate Standing Committee for the Scrutiny of Bills.
The first amendment to the Bill prescribes the newly established FIFA entity (FWWC2023
Pty Ltd) as an event body for the FIFA Women's World Cup Australia New Zealand 2023.
This entity was not yet established at the time the Major Sporting Events (Indicia and
Images) Protection and Other Legislation Amendment Bill 2021 (the Bill) was introduced.
FIFA has since established its wholly owned entity in Australia that enables prescription as
an event body within the legislation.
The second amendment provides that additional event bodies can only be prescribed through
the rules where the authorising body for the event makes a written request to the Minister to
make such rules and the Minister is satisfied that there was a delay in the establishment of the
body that prevented the body from being specified by name in that Schedule, or there has
been a change of name of an existing event body for the event. The mechanism of being able
to prescribe additional event bodies would be considered appropriate to accommodate
unforeseen or delayed requests from event owners to add new event bodies (as experienced
with the delayed establishment of the FIFA entity). Another situation in which it may be
appropriate for the authorising body to request the addition of a new event body through the
rules is where the event body undergoes a formal change of name. Changes to the names of
event bodies are a genuine possibility to reoccur given the number of sporting events that
continue to be postponed as a result of the COVID-19 pandemic.
Human rights implications
A detailed Statement of Compatibility with Human Rights was prepared for the Bill. These
amendments do not affect compatibility with any of the human rights or freedoms identified
in that Statement.
Conclusion
The amendments do not engage any human rights issues beyond those identified in the
original Statement of Compatibility of Human Rights prepared for the Major Sporting Events
(Indicia and Images) Protection and Other Legislation Amendment Bill 2021.
[Circulated by the authority of the Minister for Sport, Senator the Hon Richard
Colbeck]
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AMENDMENTS TO THE MAJOR SPORTING EVENTS (INDICIA AND IMAGES)
PROTECTION AND OTHER LEGISLATION AMENDMENT BILL 2021
NOTES ON CLAUSES
Amendment items 1 and 2
Items 1 and 2 insert additional items in the Major Sporting Events (Indicia and Images)
Protection and Other Legislation Amendment Bill 2021 (the Bill) that will amend section 9 of
the Major Sporting Events (Indicia and Images) Protection Act 2014.
Item 1 inserts a new item 1A in the Bill which will renumber the existing text of section 9 of
the Act as subsection 9(1), as a consequence of the addition of a new subsection 9(2).
Item 2 inserts a new item 1B in the Bill which will insert a note and an additional subsection
in section 9. The note states 'See also subsection (2)'and will appear after the definition of
event body. Under new item 1C, new subsection 9(2) will have the effect that, for the
purposes of the definition of event body in subsection 9(1), the rules may only prescribe an
additional body as an event body for the purposes of a Schedule to the Act that covers a
major sporting event if the authorising body for the event has requested the Minister, in
writing, to make those rules and if the Minister is satisfied that there was a delay in the
establishment of the body that prevented the body from being specified by name in that
Schedule, or there has been a change of name of an existing event body for the event.
Item 2 also adds the words a body that is prescribed by the rules to the end of clause 3 of
Schedule 1 as (e).
The effect of item 2 is to provide some appropriate control over when rules can prescribe new
event bodies. This function may be used to indicate when rules can prescribe new event
bodies should an 'authorising body' request the Minister, in writing, to recognise an
additional body as an 'event body' for events listed in Schedules of the Act.
Amendment item 3
Item 3 adds in a new paragraph '(e) a body that is prescribed by the rules' directly after
clause 3 of Schedule 1, item 3 of the Bill.
The effect of this change is to insert a rule making power in Schedule 1 to enable the rules to
prescribe an additional body as an event body.
Amendment item 4
Item 4 adds the words FWWC2023 Pty Ltd (ACN 650 853 302) in a new paragraph directly
after paragraph 3(b) in Schedule 2, item 4 of the Bill.
The effect of this change is to identify a new event body for the FIFA Women's World Cup
Australia New Zealand 2023.
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