Commonwealth Numbered Acts

SYDNEY 2000 GAMES (INDICIA AND IMAGES) PROTECTION ACT 1996 No. 22, 1996 - SECT 43

(1) If a person has engaged, is engaging, or is proposing to engage, in
conduct in contravention of section 12, a prescribed court may grant an
injunction restraining the person from engaging in the conduct.

(2) The power of the court to grant an injunction may be exercised:

   (a)  whether or not it appears to the court that the person intends to
        engage again, or to continue to engage, in conduct of that kind; and

   (b)  whether or not the person has previously engaged in conduct of that
        kind.

(3) An injunction under this section may only be granted on the application of
SOCOG, SPOC or a licensed user.

(4) An injunction granted under this section on the application of SOCOG may
only relate to conduct constituting use of Sydney 2000 Games indicia or images
referred to in one or more of the following paragraphs:

   (a)  common Sydney 2000 Games indicia;

   (b)  Sydney 2000 Olympic Games indicia;

   (c)  common Sydney 2000 Games images;

   (d)  Sydney 2000 Olympic Games images.

(5) An injunction granted under this section on the application of SPOC may
only relate to conduct constituting use of Sydney 2000 Games indicia or images
referred to in one or more of the following paragraphs:

   (a)  common Sydney 2000 Games indicia;

   (b)  Sydney 2000 Paralympic Games indicia;

   (c)  common Sydney 2000 Games images;

   (d)  Sydney 2000 Paralympic Games images.

(6) An injunction granted under this section on the application of a person
who is a licensed user may only relate to conduct constituting a use of Sydney
2000 Games indicia or images to which the licence granted to the person under
Division 2 of Part 3 relates.

(7) The court may discharge or vary an injunction granted under this section.

(8) The powers conferred on the court by this section are in addition to, and
not in derogation of, any other powers of the court, whether conferred by this
Act or otherwise.

(9) For the purposes of subsections (4), (5) and (6), the use of indicia so
closely resembling the Sydney 2000 Games indicia referred to in those
subsections as to be likely to be mistaken, by a reasonable person, for the
Sydney 2000 Games indicia referred to, is to be taken to be use of the Sydney
2000 Games indicia referred to.