Commonwealth Numbered Acts

SYDNEY 2000 GAMES (INDICIA AND IMAGES) PROTECTION AMENDMENT ACT 1997 No. 24, 1997 - SCHEDULE 1

Schedule 1-Amendments
Sydney 2000 Games (Indicia and Images) Protection Act 1996 1 Subsection 10(1)
Omit "indicia and images", substitute "indicia or images". 2 Section 11 Repeal
the section, substitute: 11 Use for commercial purposes

(1) This section sets out the 2 situations in which a person is said to use
Sydney 2000 Games indicia or images for commercial purposes.

(2) For the purposes of this Act, if:

   (a)  a person (the first person) causes Sydney 2000 Games indicia or images
        to be applied to goods or services of the first person; and

   (b)  the application is for advertising or promotional purposes, or is
        likely to enhance the demand for the goods or services; and

   (c)  the application, to a reasonable person, would suggest that the first
        person is or was a sponsor of, or is or was the provider of other
        support for:

        (i)    the Sydney 2000 Olympic Games, the Sydney 2000 Paralympic
               Games, or both Games; or

        (ii)   any event arranged by SOCOG, the Australian Olympic Committee
               Inc., or the International Olympic Committee in connection with
               the Sydney 2000 Olympic Games; or

        (iii)  any event arranged by SPOC, the Australian Paralympic
               Federation, or the International Paralympic Committee in
               connection with the Sydney 2000 Paralympic Games; the
               application is use by the first person of the indicia or images
               for commercial purposes.

(3) For the purposes of this Act, if:

   (a)  a person (the first person), other than SOCOG, SPOC or a licensed
        user, causes Sydney 2000 Games indicia or images to be applied to
        goods or services of the first person; and

   (b)  the application is for advertising or promotional purposes, or is
        likely to enhance the demand for the goods or services; and

   (c)  the application, to a reasonable person, would suggest that the first
        person is or was a sponsor of, or is or was the provider of other
        support for:

        (i)    the Sydney 2000 Olympic Games, the Sydney 2000 Paralympic
               Games, or both Games; or

        (ii)   any event arranged by SOCOG, the Australian Olympic Committee
               Inc., or the International Olympic Committee in connection with
               the Sydney 2000 Olympic Games; or

        (iii)  any event arranged by SPOC, the Australian Paralympic
               Federation, or the International Paralympic Committee in
               connection with the Sydney 2000 Paralympic Games; and

   (d)  any of the following conditions are satisfied in relation to a person
        (the second person) other than the first person:

        (i)    in the case of goods or services-the second person supplies, or
               offers to supply, the goods or services;

        (ii)   in the case of goods-the second person exposes the goods for
               supply by the second person;

        (iii)  in the case of goods-the second person keeps the goods for
               supply by the second person or by another person; the supply,
               offer, exposure or keeping, as the case may be, by the second
               person is use by the second person of the indicia or images for
               commercial purposes.

(4) In this section: supply includes:

   (a)  in the case of goods-supply (including re-supply) by way of sale,
        exchange, lease, hire or hire-purchase; and

   (b)  in the case of services-provide, grant or confer. 3 Subsection 12(1)
        Omit "indicia and images", substitute "indicia or images". 4
        Subsection 12(4) Omit "indicia and images" (wherever occurring),
        substitute "indicia or images". 5 After section 13 Insert: 13A Persons
        involved in contraventions of section 12
For the purposes of this Act, a person is taken to have contravened section 12
if the person:

   (a)  has attempted to contravene section 12; or

   (b)  has aided, abetted, counselled or procured a person to contravene
        section 12; or

   (c)  has induced, or attempted to induce, a person, whether by threats or
        promises or otherwise, to contravene section 12; or

   (d)  has been in any way, directly or indirectly, knowingly concerned in,
        or party to, the contravention by a person of section 12; or

   (e)  has conspired with others to contravene section 12. 6 After section 14
        Insert: 14A Limitation on licence
A licence under section 14 does not authorise the use of indicia or images for
commercial purposes if the use is covered by subsection 11(3). 7 Paragraph
17(1)(b) Omit "indicia and images" (wherever occurring), substitute "indicia
or images". 8 Subsection 19(1) Omit "indicia and images", substitute "indicia
or images". 9 Subsection 25(1) Omit "indicia and images", substitute "indicia
or images". 10 Subsection 25(1) Omit "paragraph 11(c)", substitute "paragraph
11(2)(c) or (3)(c)". 11 Subsection 31(1) Omit "indicia and images" (last
occurring), substitute "indicia or images". 12 Subsection 31(2) Omit "indicia
and images" (last occurring), substitute "indicia or images". 13 Subsection
32(5) Omit "indicia and images", substitute "indicia or images". 14 At the end
of section 32 Add:

(8) A reference in this section to the use of indicia or images for commercial
purposes does not include a reference to use covered by subsection 11(3). 15
At the end of section 33 Add:

(5) A reference in this section to the use of indicia or images for commercial
purposes does not include a reference to use covered by subsection 11(3). 16
Subsection 43(4) Omit "conduct constituting use of". 17 Subsection 43(5) Omit
"conduct constituting use of". 18 Subsection 43(6) Omit "conduct constituting
a use of". 19 Subsection 43(9) Omit "the use of", substitute "an". 20
Subsection 43(9) Omit "use of" (last occurring). 21
Transitional-pre-commencement licences

(1) This item applies to a licence in force under section 14 of the
Sydney 2000 Games (Indicia and Images) Protection Act 1996 immediately before
the commencement of this item.

(2) The amendments made by this Schedule do not affect the continuity of the
licence.

[Minister's second reading speech made in-
House of Representatives on 18 September 1996
Senate on 10 February 1997]