Commonwealth Numbered Regulations - Explanatory Statements

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OLYMPIC INSIGNIA PROTECTION AMENDMENT REGULATIONS 2002 (NO. 1) 2002 NO. 12

STATUTORY RULES 2002 No. 12

Issued by the Authority of the Minister for Industry, Tourism and Resources

Olympic Insignia Protection Act 1987

Olympic Insignia Protection Amendment Regulations 2002 (No. 1)

Section 76 of the Olympic Insignia Protection Act 1987 (the OIP Act) provides that the Governor-General may make regulations for the purposes of the OIP Act and to prescribe matters necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Subsections 18A(1) and 40(1) of the OIP Act provide that the Australian Olympic Committee (the AOC) is to maintain a Register of licences.

Section 52 of the OIP Act provides for the filing of a notice of objection to the importation of goods bearing a protected Olympic expression.

The Regulations amend the Olympic Insignia Protection Regulations 1993 (the OIP Regulations) to prescribe information to be included in the Register of Olympic Symbols and the Register of Protected Olympic Expressions and make related technical amendments.

The Regulations:

•       prescribe the particulars to be included in the Register of licences maintained by the AOC;

The AOC may issue a licence allowing others to use protected Olympic expressions. The AOC may also grant a licence in relation to the copyright in the Olympic symbol or the designs protected by the OIP Act. The details of these licences are kept in two Registers - the Register of Olympic Symbols and the Register of Protected Olympic Expressions. The particulars to be prescribed are the licensee's name and address, the term of the licence, the goods and/or services to which the licence relates and the copyright, design or expression to which the licence relates.

•       prescribe the period of effect for a notice of objection to the importation of goods bearing a protected Olympic expression;

Under section 54 of the OIP Act, these imported goods may be seized by Customs. Section 52 of the OIP Act prescribes that the AOC, or a licensed user, may give the Chief Executive Officer of Customs (the CEO) a notice objecting to the importation of goods that have a protected Olympic expression applied to them. The maximum period for which a notice of objection may have effect is 4 years, commencing from the date that the notice is given to the CEO.

•       clarify that the Register which may be amended by the Registrar of Designs is the Register of Olympic Designs; and

•       make minor amendments to the definitions of terms used throughout the OIP Regulations, including 'approved form' and 'Register'.

Details of the amendments made by these Regulations are in the Attachment.

The Regulations commence on gazettal.

Attachment

Olympic Insignia Protection Amendment Regulations 2002 (No. 1)

Regulation 1 identifies these amending regulations as the Olympic Insignia Protection Amendment Regulations 2002 (No. 1).

Regulation 2 specifies that the regulations commence on gazettal.

Regulation 3 specifies that Schedule 1 amends the Olympic Insignia Protection Regulations.

Item 1 of Schedule 1 amends regulation 1 to specify that the regulations are named the Olympic Insignia Protection Regulations 1993.

Item 2 of Schedule 1 substitutes a new regulation 2, which amends the definition of 'approved form', deletes the definition of 'Register' and inserts the definition of 'Designs Regulations'.

Items 3, 4 and 5 of Schedule 1 amend regulation 6 (heading), subregulation 6(1) and subregulation 6(2) consequential to removal of the definition of 'Register' from regulation 2. The amendments specify that the Register which may be amended by the Registrar of Designs, for the purpose of correcting a clerical error or an obvious mistake, is the Register of Olympic Designs.

Item 6 of Schedule 1 inserts new regulations 7, 8 and 9. Regulation 7 prescribes the particulars to be included in the Register of licences granted in relation to the copyright in the Olympic symbol or the designs protected by the OIP Act. Regulation 8 specifies the particulars to be included in the Register of licences granted for the use of protected Olympic expressions. Regulation 9 prescribes that a notice of objection to the importation of goods bearing a protected Olympic expression ceases to have effect after a period of 4 years, commencing from the date that the notice is given to the Chief Executive Officer of Customs.