Major Sporting Events (Indicia and Images) Protection Act 2014 (Cth)

Major Sporting Events (Indicia and Images) Protection Act 2014 No. 29, 2014 Compilation No. 5 Compilation date: 14 October 2024 Includes amendments: Act No. 38, 2024 About this compilation This compilation This is a compilation of the Major Sporting Events (Indicia and Images) Protection Act 2014 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Objects of this Act 4 Simplified outline of this Act 5 Act binds the Crown 6 Application of Act 7 Additional operation of Act Part 2—Interpretation 8 Simplified outline of this Part 9 Dictionary 10 Interpretation provisions for protected indicia and images 11 When protected indicia and images are applied to goods and services 12 When protected indicia or images are used for commercial purposes 13 Presumption relating to advertising or promotion etc. 14 Criticism, review and provision of information Part 3—Regulation of use of protected indicia and images for commercial purposes Division 1—Introduction 15 Simplified outline of this Part Division 2—Regulation of use of protected indicia and images for commercial purposes 16 Regulation of use of protected indicia and images for commercial purposes 17 Persons involved in contravening section 16 Division 3—Registration requirements for authorised persons 18 Register of authorised persons 19 State/Territory register provisions may apply 20 Person on register taken to be authorised person 21 Notifying Secretary and Comptroller‑General of Customs of changes to registers Part 4—Importation of goods Division 1—Introduction 22 Simplified outline of this Part Division 2—Objection to importation and seizure of goods 23 Notice of objection to importation 24 Limitation on giving notices of objection to importation 25 Seizure of goods by Comptroller‑General of Customs 26 Notice of seizure 27 Inspection, release etc. of seized goods Division 3—Forfeiture or release of seized goods 28 Consent to forfeiture of seized goods 29 Claim for release of seized goods 30 Seized goods not claimed are forfeited 31 Late claim for release of seized goods 32 Objector to be notified of claim 33 Release of seized goods 34 Forfeiture or release of seized goods—by court following application for injunction 35 Goods released but not collected are forfeited 36 Disposal of goods forfeited to the Commonwealth 37 Power of Comptroller‑General of Customs to retain control of goods Division 4—Miscellaneous 38 Failure to comply with undertaking etc. 39 Insufficient security 40 Commonwealth not liable for loss etc. suffered because of seizure 41 Determinations about owners of goods 42 Notice to Comptroller‑General of Customs of imports by official users 43 Modification in relation to Norfolk Island etc. Part 5—Remedies 44 Simplified outline of this Part 45 Injunctions 46 Interim injunctions 47 Corrective advertisements 48 Damages or accounts of profits 49 Consent for authorised persons to pursue remedies 50 Remedies under this Part are additional Part 6—Groundless threats 51 Simplified outline of this Part 52 Groundless threats of legal proceedings Part 7—Miscellaneous 53 Simplified outline of this Part 54 Copyright, design and trade mark rights not affected 55 Concurrent operation of State and Territory laws 56 Constitutional safety net—acquisition of property 57 Implied freedom of political communication 58 Rules Schedule 1—ICC Men's T20 World Cup 2022 1 ICC Men's T20 World Cup 2022 is a major sporting event 2 Authorising body for ICC Men's T20 World Cup 2022 3 Event bodies for ICC Men's T20 World Cup 2022 4 Protected indicia of ICC Men's T20 World Cup 2022 5 When protected indicia and images relate to an event body for the ICC Men's T20 World Cup 2022 6 Protection period for ICC Men's T20 World Cup 2022 Schedule 2—Fédération Internationale de Football Association (FIFA) Women's World Cup Australia New Zealand 2023 1 Fédération Internationale de Football Association (FIFA) Women's World Cup Australia New Zealand 2023 is a major sporting event 2 Authorising body for Fédération Internationale de Football Association (FIFA) Women's World Cup Australia New Zealand 2023 3 Event bodies for Fédération Internationale de Football Association (FIFA) Women's World Cup Australia New Zealand 2023 4 Protected indicia of Fédération Internationale de Football Association (FIFA) Women's World Cup Australia New Zealand 2023 5 When protected indicia and images relate to an event body for the Fédération Internationale de Football Association (FIFA) Women's World Cup Australia New Zealand 2023 6 Protection period for Fédération Internationale de Football Association (FIFA) Women's World Cup Australia New Zealand 2023 Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history 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 Part 1—Preliminary 1 Short title This Act may be cited as the Major Sporting Events (Indicia and Images) Protection Act 2014. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. 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. 27 May 2014 2. Sections 3 to 58 The later of: 1 July 2014 (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. 1 July 2014 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Objects of this Act (1) The objects of this Act are: (a) to protect and further the position of Australia as a participant in, and a supporter of, sporting movements of international significance; and (b) to assist in protecting the relations, and in ensuring the performance of the obligations, of Australian governments and other Australian bodies with, and to, international bodies responsible for major sporting events associated with those movements that are held in Australia. (2) These objects are achieved by facilitating the raising of revenue in relation to major sporting events through the regulation of the use for commercial purposes of the indicia and images associated with those events. 4 Simplified outline of this Act This Act provides special protection in relation to the use for commercial purposes of indicia and images connected with certain major sporting events. The major sporting events are identified in the Schedules to this Act. Generally speaking, a person cannot use a major sporting event's protected indicia or images for commercial purposes during the event's protection period, unless the person is an official user for the event (as defined in this Act). A person does not contravene this prohibition if the person is authorised to use, or is not prevented from using, the indicia or images for commercial purposes under a provision of a law of a State or Territory that is prescribed by the rules or specified in the Schedule to this Act that covers the event. There must be a register, either under this Act or under a State or Territory law, that sets out details about authorisations to use indicia and images for each event. The register must be published on the internet. Goods that are imported into Australia that have had a major sporting event's protected indicia or images applied to them can be seized by the Comptroller‑General of Customs and forfeited to the Commonwealth if the designated owner's use of the indicia or images for commercial purposes in relation to the goods would contravene the prohibition in this Act. There are a number of remedies available to official users for a major sporting event, such as injunctions, damages or an account of profits, and corrective advertisements. Some official users need consent before seeking these remedies. If an official user makes a groundless threat to make an application or bring an action under this Act, any person aggrieved may bring an action in a relevant court seeking a declaration or injunction, or damages for loss that the person has suffered as a result of the threat. 5 Act binds the Crown This Act binds the Crown in each of its capacities. 6 Application of Act This Act extends to: (a) Norfolk Island; and (b) the Territory of Christmas Island; and (c) the Territory of Cocos (Keeling) Islands. 7 Additional operation of Act In addition to its effect apart from this subsection, this Act also has the effect that it would have if each reference to use for commercial purposes were a reference to: (a) use for commercial purposes by: (i) a corporation to which paragraph 51(xx) of the Constitution applies; or (ii) a body corporate incorporated in a Territory; or (b) use for commercial purposes by any person in the course of: (i) trade or commerce with other countries; or (ii) trade or commerce among the States; or (iii) trade or commerce within a Territory, between a State and a Territory or between the Territories; or (iv) the supply of goods or services to the Commonwealth, a Territory, or to an authority or instrumentality of the Commonwealth or of a Territory; or (c) use for commercial purposes by any person by way of the use of, or in the course of providing, a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution; or (d) use for commercial purposes of: (i) a trade mark; or (ii) a design that is registered, or is capable of being registered, under the Designs Act 2003; or (iii) an artistic work in which copyright subsists; or (e) use for commercial purposes by any person that detrimentally affects the rights conferred by or under this Act on an official user that is a corporation to which paragraph 51(xx) of the Constitution applies. Part 2—Interpretation 8 Simplified outline of this Part This Part contains the Dictionary and certain other interpretation provisions. The Dictionary is a list of every term that is defined in this Act. Many terms are defined in the Dictionary itself. If another provision defines the term, the Dictionary has a signpost to that definition. Many key terms are defined in relation to a major sporting event by reference to the Schedule to this Act that covers the event. 9 Dictionary (1) In this Act: action period, in relation to particular seized goods, means the period prescribed by the rules after notice of a claim for release of the goods is given to the objector under section 32 of this Act. advertisement means any writing, still or moving picture, sign, symbol or other visual image, or any audible message, or any combination of 2 or more of those things, that promotes: (a) goods or services; or (b) a person. An advertisement may: (c) be in the form of a signboard; or (d) be in a newspaper or periodical; or (e) be broadcast on radio or television; or (f) be placed on a website; or (g) be in any other form. applied has a meaning affected by section 11. Australia includes the following external Territories: (a) Norfolk Island; (b) the Territory of Christmas Island; (c) the Territory of Cocos (Keeling) Islands. authorised person: see subsection 16(4). authorising body, for a major sporting event, means the body specified as the authorising body in the Schedule to this Act that covers the event. claim period, in relation to particular seized goods, means the period prescribed by the rules after notice of seizure of the goods is given to the designated owner under section 26. commercial purposes has the meaning given by section 12. Comptroller‑General of Customs means the person who is the Comptroller‑General of Customs in accordance with subsection 11(3) or 14(2) of the Australian Border Force Act 2015. covering: see subsection 11(4). designated owner, in relation to goods imported into Australia, means: (a) the person identified as the owner of the goods on the entry made in relation to the goods under section 68 of the Customs Act 1901; or (b) if no such entry exists—the person determined to be the owner of the goods under section 41 of this Act. event body, for a major sporting event, means a body specified as an event body in, or a body prescribed by rules made for the purposes of, the Schedule to this Act that covers the event. Note: See also subsection (2). expression includes a word or phrase. infringing goods: see subsection 23(2). label: see subsection 11(4). major sporting event means an event that is covered by a Schedule to this Act. objector, in relation to seized goods, means any official user for a major sporting event who has given a notice under section 23 in respect of those goods that is in force. official user: each of the following is an official user for a major sporting event: (a) the authorising body for the event; (b) any other event body for the event; (c) an authorised person for the event. personal information has the same meaning as in the Privacy Act 1988. promote includes give publicity to. protected images, of a major sporting event, means any visual or aural representations that, to a reasonable person, in the circumstances of the presentation, would suggest a connection with the event. protected indicia, of a major sporting event, means the protected indicia specified in, or prescribed by rules made for the purposes of, the Schedule to this Act that covers the event. protected indicia and images, of a major sporting event, means protected indicia, and protected images, of the event. protected indicia or images, of a major sporting event, means protected indicia, or protected images, of the event. protection period, for a major sporting event, means the protection period determined in accordance with the Schedule to this Act that covers the event. relate: for when protected indicia or images relate to an event body for a major sporting event, see the Schedule to this Act that covers the event. relevant authorisation: see subsection 16(4). relevant court means: (a) the Federal Court of Australia; or (b) the Federal Circuit and Family Court of Australia (Division 2); or (c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act. rules means rules made under section 58. seized goods means goods seized under section 25. supply: see subsection 12(4). this Act includes the rules. working day means a day that is not: (a) a Saturday; or (b) a Sunday; or (c) a public holiday in the Australian Capital Territory. (2) For the purposes of the definition of event body in subsection (1), the rules may prescribe a body for the purposes of a Schedule to this Act that covers a major sporting event only if: (a) the authorising body for the event requests the Minister in writing to make those rules; and (b) the Minister is satisfied that: (i) there was a delay in the establishment of the body that prevented the body from being specified by name in that Schedule; or (ii) there has been a change of name of an existing event body for the event. 10 Interpretation provisions for protected indicia and images (1) The use in this Act of the words "indicia" and "images" is not intended to express a contrary intention for the purposes of section 23 of the Acts Interpretation Act 1901. Note: Paragraph 23(b) of the Acts Interpretation Act 1901 provides that words in the plural include the singular. (2) For the purposes of this Act, any protected indicia that are represented in a language other than English are taken to be protected indicia. 11 When protected indicia and images are applied to goods and services (1) Without limitation, protected indicia or images are applied to goods or services if: (a) in the case of goods—the indicia or images: (i) are woven in, impressed on, worked into, or affixed or annexed to, the goods; or (ii) are applied to any covering, document, label, reel or thing in or with which the goods are, or are intended to be, dealt with or provided in the course of trade; or (b) in the case of goods or services—the indicia or images: (i) are used in an advertisement that promotes the goods or services; or (ii) are used in an invoice, price list, catalogue, brochure, business letter, business paper or other commercial document that relates to the goods or services. (2) For the purposes of this Act, if: (a) an advertisement promotes a particular person; and (b) the person provides goods or services; and (c) it would be concluded, by a reasonable person, that the advertisement was designed to enhance the commercial image of the person mentioned in paragraph (a); the advertisement is taken to promote those goods or services. (3) For the purposes of Parts 4 and 5, protected indicia or images are applied to goods by a person if: (a) the goods are imported into Australia for the purpose of sale or distribution by the person; and (b) when imported, the goods have already had the indicia or images applied to them. (4) In this Act: covering includes packaging, frame, wrapper, container, stopper, lid or cap. label includes a band or ticket. 12 When protected indicia or images are used for commercial purposes (1) A person (the user) uses a major sporting event's protected indicia or images for commercial purposes if: (a) the user causes the event's protected indicia or images to be applied to the user's goods or services; and (b) the application is for the primary purpose of advertising or promoting, or enhancing the demand for, the goods or services; and (c) the application would suggest, to a reasonable person, that the user is or was a sponsor of, or is or was the provider of other support for: (i) the major sporting event; or (ii) any other event arranged by an event body for the major sporting event in connection with the major sporting event. Note: This rule is affected by sections 13 (presumption relating to advertising etc.) and 14 (criticism, review and provision of information). (2) A person (the secondary user) also uses a major sporting event's protected indicia or images for commercial purposes if: (a) another person has used the event's protected indicia or images for commercial purposes as described in subsection (1) in relation to goods or services; and (b) the other person is not an official user for the event; and (c) any of the following applies: (i) for goods or services—the secondary user supplies, or offers to supply, the goods or services; (ii) for goods—the secondary user exposes the goods for supply by the secondary user; (iii) for goods—the secondary user keeps the goods for supply by the secondary user or by another person. Note: This rule is affected by sections 13 (presumption relating to advertising etc.) and 14 (criticism, review and provision of information). (3) Subsection (2) does not apply for the purposes of sections 23 (notice of objection to importation of goods) and 25 (seizure of goods by Comptroller‑General of Customs). (4) In this Act: supply includes: (a) in the case of goods—supply (including resupply) by way of sale, exchange, lease, hire or hire‑purchase; and (b) in the case of services—provide, grant or confer. 13 Presumption relating to advertising or promotion etc. The application of protected indicia or images by a person for the primary purpose of advertising or promoting, or enhancing the demand for, the goods or services, is prima facie sufficient to suggest the existence of a sponsorship arrangement, or the provision of other support, for the purposes of paragraph 12(1)(c). 14 Criticism, review and provision of information Doing any of the following is not alone sufficient to suggest the existence of a sponsorship arrangement, or the provision of other support, for the purposes of paragraph 12(1)(c): (a) using protected indicia or images for the primary purpose of criticism or review; (b) using protected indicia or images for the primary purpose of providing information, including through reporting news and presenting current affairs. Part 3—Regulation of use of protected indicia and images for commercial purposes Division 1—Introduction 15 Simplified outline of this Part Generally speaking, a person cannot use a major sporting event's protected indicia or images for commercial purposes during the event's protection period, unless the person is an official user for the event (that is, either an event body or an authorised person for the event). Event bodies can use the event's protected indicia or images for commercial purposes during the protection period if the indicia or images relate to the body. Authorised persons can use the event's protected indicia or images for commercial purposes during the protection period if the use of the indicia or images is in accordance with the relevant authorisation given by the event body to which the indicia or images relate (or by a person on behalf of, or as authorised by, that event body). A person does not contravene the prohibition in this Act against using a major sporting event's protected indicia or images for commercial purposes if the person is authorised to use, or is not prevented from using, the indicia or images for commercial purposes under a provision of a law of a State or Territory that is prescribed by the rules or specified in the Schedule to this Act that covers the event. An authorising body for a major sporting event must establish and maintain a register, either under this Act or under a State or Territory law, that sets out details about relevant authorisations given to authorised persons for the event. The register must be published on the internet. Use by a person of protected indicia or images is taken to be use by an authorised person that is covered by a relevant authorisation if details of an authorisation in relation to the indicia or images are included on the relevant register in relation to the person. The authorising body must notify the Secretary of the Department and the Comptroller‑General of Customs of changes to the register. Division 2—Regulation of use of protected indicia and images for commercial purposes 16 Regulation of use of protected indicia and images for commercial purposes Person must not use protected indicia or images unless authorised (1) A person must not use a major sporting event's protected indicia or images for commercial purposes during the event's protection period, except as provided by subsection (2) or (3). Note 1: There may be an exception under subsection (5) if the person is authorised to use, or is not prevented from using, the indicia or images for commercial purposes under certain State or Territory laws. Note 2: Part 4 allows imported goods to be seized if the event's protected indicia or images have been applied to them in contravention of this section. Part 5 sets out the remedies for a contravention of this section. (2) An event body for a major sporting event may use any of the event's protected indicia and images that relate to the event body for commercial purposes during the event's protection period. Note: For when protected indicia and images relate to an event body for a major sporting event, see the Schedule to this Act that covers the event. Authorisation for authorised persons (3) An authorised person for a major sporting event may use, in accordance with the relevant authorisation, any of the event's protected indicia and images for commercial purposes during the event's protection period. Meaning of authorised person (4) A person is an authorised person for a major sporting event if the person has written authorisation (the relevant authorisation) from either of the following to use any or all of the event's protected indicia or images for commercial purposes: (a) an event body to which the protected indicia or images relate; (b) another person on behalf of, or as authorised by, such an event body. Note 1: For when protected indicia or images relate to an event body for a major sporting event, see the Schedule to this Act that covers the event. Note 2: An event body may also be an authorised person for the event if the event body has a relevant authorisation in relation to particular protected indicia or images. Exception—authorisation etc. under State/Territory law (5) Despite subsection (1), a person who uses a major sporting event's protected indicia or images for commercial purposes does not contravene this section if the person is authorised to use, or is not prevented from using, the indicia or images for commercial purposes under a provision of a law of a State or Territory that is: (a) specified in the Schedule to this Act that covers the event; or (b) prescribed by the rules in relation to the event. Indicia that closely resemble protected indicia (6) For the purposes of subsection (1), the use of an indicium that so closely resembles a protected indicium for a major sporting event that a reasonable person is likely to mistake it for the protected indicium is taken to be the use of that protected indicium. 17 Persons involved in contravening section 16 For the purposes of this Act, a person is taken to have contravened section 16 if: (a) the person has attempted to contravene section 16; or (b) the person has aided, abetted, counselled or procured a person to contravene section 16; or (c) the person has induced, or attempted to induce, a person, whether by threats or promises or otherwise, to contravene section 16; or (d) the person has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of section 16; or (e) the person has conspired with others to contravene section 16. Division 3—Registration requirements for authorised persons 18 Register of authorised persons Register of authorised persons (1) The authorising body for a major sporting event must establish and maintain a register of authorised persons for the event. Note: Section 19 (State/Territory registers) provides an exception to the requirements in this section. Details to be included in register (2) The authorising body must include in the register the following details for each relevant authorisation given to an authorised person for the event: (a) the name and principal place of business of the authorised person; (b) the protected indicia or images for the event that are covered by the authorisation; (c) the circumstances in which the authorised person is authorised to use those indicia or images for commercial purposes; (d) if the authorisation is to use the indicia or images only during a specified period—that period; (e) the date on which the details are included; (f) any other matter prescribed by the rules. (3) If a relevant authorisation ceases to be in force for an authorised person, the authorising body for the event must update the register to include the date of effect of that cessation. Publishing the register (4) The authorising body must publish the register (including as updated under subsection (3)) on the authorising body's website and in any other manner prescribed by the rules. Giving information to authorising bodies (5) If a person other than an authorising body has given a relevant authorisation as mentioned in subsection 16(4), that person must give the authorising body sufficient information to allow the authorising body to comply with this section. 19 State/Territory register provisions may apply (1) Section 18 does not apply in relation to a relevant authorisation for a major sporting event if: (a) the Schedule to this Act that covers the event specifies, or the rules prescribe in relation to the event, a provision of a law of a State or Territory that establishes a register (the State/Territory register) relating to authorisations to use expressions or images in relation to the event; and (b) the State/Territory register contains information about the relevant authorisation. (2) Before making rules for the purposes of paragraph (1)(a) in relation to a major sporting event, the Minister must be satisfied that: (a) substantially the same details in relation to authorisations to use expressions or images in relation to the event are required to be included in the State/Territory register as would otherwise be required to be included under subsections 18(2) and (3) of this Act; and (b) the State/Territory register is required to be published on the internet. 20 Person on register taken to be authorised person (1) If details about an authorisation given to a person are included in the register referred to in section 18, or the State/Territory register referred to in section 19: (a) the person is taken to be an authorised person for the major sporting event concerned; and (b) the use for commercial purposes of any protected indicia or images referred to in the register in relation to the authorisation or the person is taken to be covered by a relevant authorisation given to the authorised person. (2) However, if the register specifies circumstances in which, or a period during which, the person is authorised to use protected indicia or images, then the relevant authorisation referred to in paragraph (1)(b) is taken only to cover the use of the indicia or images in those circumstances or during that period. Note: The effect of this section is that a person can rely on the details included in the register when working out whether another person is an authorised person for the purposes of other provisions of this Act, including: (a) paragraph 12(2)(b) (secondary use of protected indicia or images for commercial purposes); and (b) Part 4 (importation of goods). 21 Notifying Secretary and Comptroller‑General of Customs of changes to registers The authorising body must give the Secretary of the Department and the Comptroller‑General of Customs written notice of any change to