{"id":"F1996B02711","name":"Olympic Insignia Protection Regulations 1993","slug":"olympic-insignia-protection-regulations-1993","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"234 of 1993","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29283,"registerId":"commonwealth-F1996B02711-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulations","content":"#### 1 Name of Regulations\n\n These Regulations are the Olympic Insignia Protection Regulations 1993.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Definitions","content":"#### 2 Definitions\n\n In these Regulations:\n\n> Act means Olympic Insignia Protection Act 1987.\n\n> approved form means a form mentioned in subsection 14 (1) of the Act.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Fees","content":"#### 3 Fees\n\n For the purposes of the provision of the Act mentioned in column 1 of an item of the following table, the fee mentioned in column 2 of the item is prescribed:\n\n```html\n

Fees

Item

Column 1

Provision of the Act

Column 2

Fee

1

Paragraph 10(2)(b) (application to register design)

$400

2

Paragraph 11(2)(b) (application for extension of protection period)

$450

\n```","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Times for inspection of Register of Olympic Designs","content":"#### 5 Times for inspection of Register of Olympic Designs\n\n For the purposes of section 12 of the Act, the prescribed times for the Register of Olympic Designs to be open to the inspection of the public are the times prescribed, from time to time, for the purposes of subsection 113(1) of the Designs Act 2003 for the Register of Designs to be available for inspection.","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Correction of Register of Olympic Designs","content":"#### 6 Correction of Register of Olympic Designs\n\n (1) On a request being made in the approved form, the Registrar may amend an entry in the Register of Olympic Designs for the purposes of correcting a clerical error or an obvious mistake.\n (2) The Registrar may, of his or her own initiative, amend an entry in the Register of Olympic Designs to correct a clerical error or an obvious mistake.","sortOrder":4},{"sectionNumber":"6A","sectionType":"section","heading":"Period for doing certain acts—office not open for business","content":"#### 6A Period for doing certain acts—office not open for business\n\n For subsection 14A (1) of the Act, the circumstance is that the act is done at the Designs Office.\n\n> Note: Subsection 14A (1) provides as follows:\n\n> Note: ‘(1) If the last day of a period provided by this Chapter (except this section), or regulations made for the purposes of this Chapter, for doing an act is a day when the Designs Office is not open for business, the act may be done in prescribed circumstances on the next day when the office is open for business.’.","sortOrder":5},{"sectionNumber":"6B","sectionType":"section","heading":"Days when office not open for business","content":"#### 6B Days when office not open for business\n\n (1) For paragraph 14A (2) (a) of the Act, the days on which the Designs Office is not open for business are:\n (a) Saturday; and\n (b) Sunday; and\n (c) Australia Day; and\n (d) Anzac Day.\n (2) For paragraph 14A (2) (b) of the Act, the table sets out prescribed persons.\n\n| Item | Person |\n| ---- | ---------------------------------------------------------------------------------------------------------------------------------------- |\n| 1 | The Director General of IP Australia |\n| 2 | The Deputy Director General of IP Australia |\n| 3 | Another person who:(a) is an SES employee of IP Australia; and(b) acts with the agreement of the Director General of IP Australia |\n| 4 | Another person who:(a) is an SES employee of IP Australia; and(b) acts with the agreement of the Deputy Director General of IP Australia |\n| 5 | Another person who:(a) is an SES employee of IP Australia; and(b) acts with the agreement of another SES employee of IP Australia |\n\n> Note: SES employee is explained in section 34 of the Public Service Act 1999. That meaning is applied generally to Commonwealth legislation by section 2B of the Acts Interpretation Act 1901.\n\n (3) For paragraph 14A (2) (b) of the Act, the prescribed way of publishing a declaration is in the Official Journal of Designs.","sortOrder":6},{"sectionNumber":"6C","sectionType":"section","heading":"Period for doing certain acts—acts to which section 14A does not apply","content":"#### 6C Period for doing certain acts—acts to which section 14A does not apply\n\n For subsection 14A (7) of the Act, an act done in relation to proceedings in a court or a tribunal is prescribed.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Register of licences for copyright in the olympic symbol and for protected designs","content":"#### 7 Register of licences for copyright in the olympic symbol and for protected designs\n\n For subsection 18A (1) of the Act the particulars for a licence that are to be included in the Register are:\n (a) the name and address of the holder of the licence; and\n (b) the period for which the licence is granted; and\n (c) a description of the articles to which a protected design may be applied under the licence; and\n (d) if the licence relates to copyright in the olympic symbol, a statement to that effect; and\n (e) if the licence relates to a protected design:\n (i) a statement to that effect; and\n (ii) one or more representations of the design sufficient to give a true indication of the design.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Register of licences for use of protected olympic expressions","content":"#### 8 Register of licences for use of protected olympic expressions\n\n (1) For subsection 40 (1) of the Act, the particulars for a licence that are to be included in the Register are:\n (a) the name and address of the licensed user; and\n (b) the period for which the licence is granted; and\n (c) the protected olympic expressions that may be used under the licence; and\n (d) a description of the goods and services to which a protected olympic expression may be applied under the licence.\n\n> Note: Subsection 28 (1) of the Act explains when an expression is applied to goods or services.\n\n (2) In this regulation:\n\n> licensed user has the meaning given by section 23 of the Act.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Period of effect of notice of objection to importation","content":"#### 9 Period of effect of notice of objection to importation\n\n For subsection 52 (5) of the Act, the period for a notice of objection to importation is 4 years beginning when the notice is given to the Comptroller‑General of Customs in accordance with section 52 of the Act.","sortOrder":10}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: operationalising the Olympic Insignia Protection Act 1987 through fees, register administration, and procedural mechanics. There is no evidence of scope creep; the instrument does exactly what subsidiary legislation is meant to do—fill in administrative details without expanding substantive rights or obligations beyond what the parent Act contemplates."},"complexity_factors":["Only 2 defined terms in the interpretation section (section 2)","Straightforward fee table with just 2 items","Minimal cross-referencing—mostly just pointing back to specific subsections of the parent Act","Simple conditional logic (if office closed → next business day; if clerical error → may correct)","No nested exceptions or complex definitional chains","Procedural/administrative nature—mostly filling in 'blanks' left by the parent Act rather than creating new substantive law","Single-purpose instrument: fees, registers, and procedural timing only"],"plain_english_summary":"These regulations set out the practical details for how the **Olympic Insignia Protection Act 1987** actually works day-to-day. Here's what they do:\n\n**Who they affect:**\n- Anyone wanting to **register an Olympic design** (like the rings or other protected symbols)\n- People or businesses seeking **licences** to use Olympic symbols, designs, or expressions commercially\n- **IP Australia** staff who administer the system\n- **Customs officials** who handle importation objections\n\n**What they cover:**\n\n- **Fees:** It costs **$400** to apply to register an Olympic design, and **$450** to extend that protection later.\n\n- **Register maintenance:** The regulations specify when the public can inspect the Register of Olympic Designs (it mirrors the hours for the regular Designs Register), and allow the Registrar to fix clerical errors or obvious mistakes either on request or on their own initiative.\n\n- **Timing rules:** If a deadline falls when the Designs Office is closed (weekends, Australia Day, or Anzac Day), you get until the next business day. Senior IP Australia officials can also declare other closure days if needed.\n\n- **Licence registers:** The regulations spell out what details must be recorded for licences to use Olympic symbols, designs, or expressions—things like who holds the licence, how long it lasts, and what products it covers.\n\n- **Customs protection:** A notice objecting to the importation of infringing Olympic goods stays valid for **4 years**.\n\n**Why it matters:**\nThese rules make the Olympic protection system actually function. Without them, there'd be no clear process for registering designs, no fee structure, no way to licence legitimate use, and no mechanism for stopping counterfeit Olympic merchandise at the border. They balance protecting the Olympic brand with allowing legitimate commercial use through licensing."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These Regulations are administrative and procedural implementing details for the Olympic Insignia Protection Act 1987. They prescribe fees, timing rules, the content of public registers, correction procedures, office‑closure rules, and the duration of an objection to importation. They do not expand or narrow the substantive rights or prohibitions in the parent Act; instead they set how the regime operates in practice (who pays specified administrative fees, what information must be published, how deadlines are treated, and who may act administratively)."},"complexity_factors":["Short regulation (nine operative regulations plus definitions and notes)","Only 2 defined terms in these Regulations (Reg 2: 'Act' and 'approved form')","Two prescribed fees listed (Reg 3) with straightforward allocation to two Act provisions","Several cross-references to other statutes and provisions (Olympic Insignia Protection Act 1987; Designs Act 2003 s 113(1); Public Service Act 1999 s 34; Acts Interpretation Act 1901 s 2B)","Some conditional logic around office‑closed days, authorised persons and publication method (Regs 6A–6B) — a small list of exceptions and actors (5 prescribed persons in Reg 6B(2))","Narrow discretionary power for Registrar to correct entries (Reg 6) but limited in scope (clerical errors/obvious mistakes)","One substantive time-limit set (4‑year objection period, Reg 9)","No nested multi-layered exceptions or unusually complex calculation rules"],"plain_english_summary":"**What these Regulations do (mechanically)\n\n- They fill in administrative details the Olympic Insignia Protection Act 1987 left to regulation. They: \n - prescribe specific fees for two application types (registering a design and extending protection) (Reg 3); \n - set when the Register of Olympic Designs is open for public inspection by linking that timing to the Register of Designs under the Designs Act (Reg 5); \n - give the Registrar power to correct clerical errors or obvious mistakes in the Register either on request or on the Registrar's own initiative (Reg 6); \n - treat acts done at the Designs Office on days it is closed as occurring on the next open day in specified circumstances, and identify which days count as closed (weekends, Australia Day, Anzac Day) and who may declare the office open (senior IP Australia officials) and how such a declaration is published (Reg 6A–6B); \n - exclude court or tribunal proceedings from that time-shifting rule (Reg 6C); \n - specify what particulars must appear in public registers of licences (for copyright in the Olympic symbol and for protected designs, Reg 7; and for use of protected Olympic expressions, Reg 8); and \n - fix the period for which a notice of objection to importation has effect at 4 years from the date it is given to the Comptroller‑General of Customs (Reg 9).\n\n**Who this affects**\n\n- Applicants and right‑holders: people and businesses that apply to register Olympic-related designs or to extend protection will pay the prescribed fees (Reg 3). \n- Licensees: holders of licences (for Olympic copyright, protected designs, or protected Olympic expressions) must provide the particulars required for the public registers (Regs 7–8). \n- Members of the public and commercial parties: anyone who needs to inspect the Register of Olympic Designs, or who relies on the registers to check who is licensed to use Olympic material, is affected by the inspection times and the content required in the registers (Regs 5, 7–8). \n- Traders/importers and Customs: a person who objects to the importation of goods under the Act has that objection operate for a 4‑year period (Reg 9).\n\n**Why it matters (stated purpose and practical effects)\n\nStated purpose: these regulations operationalise procedural points in the Act — setting fees, clarifying administrative timing rules, authorising corrections to register entries, and specifying required register entries — so the statutory system can be administered consistently.\n\nPractical effects and trade-offs (by provision):\n- Fees (Reg 3): applicants pay fixed fees ($400 for a design registration application; $450 for an extension). That creates a predictable administrative cost. The immediate beneficiary is the administering agency (fee revenue and recovery of processing costs). The cost can be a modest barrier for small applicants and may affect administrative demand for registrations and extensions.\n- Inspection times (Reg 5): aligning availability with the Designs Act standardises public access and reduces uncertainty about when records can be inspected. This improves transparency but may limit access outside those standard hours.\n- Corrections by Registrar (Reg 6): permitting corrections on request and on the Registrar's own initiative reduces formality and can speed fixes to clerical errors. It vests discretion in the Registrar to amend entries; the discretion is narrow (clerical errors/obvious mistakes) but centralises decision-making and requires internal controls to avoid erroneous amendments.\n- Office-closed rules and exceptions (Regs 6A–6C): shifting a deadline to the next open day for acts done at the Designs Office on specified closed days reduces the risk that administrative closures cause missed statutory deadlines. The exception for court/tribunal proceedings (Reg 6C) preserves ordinary procedural deadlines in adversarial processes. Identifying authorised persons who can declare the office open (Reg 6B(2)) concentrates that decision with senior IP Australia officials and ties publication to the Official Journal of Designs, which creates a clear public record but places the onus on those officials to act and publish.\n- Registers of licences (Regs 7–8): specifying what information must appear (name, address, period, descriptions, and, for designs, representations) increases transparency about who may lawfully use Olympic material. That aids commercial parties and enforcement, but requires licensees to supply and update accurate information (compliance cost).\n- Objection period (Reg 9): fixing the objection period at 4 years creates legal certainty about how long a given objection can be relied on by Customs or third parties. It limits the duration of an administrative burden on importers and Customs.\n\n**Implementation, compliance, and risk considerations**\n\n- Administrative discretion: the Registrar’s power to amend entries (Reg 6) and the list of authorised persons who may declare office availability (Reg 6B) concentrate administrative choices in agency hands. The rules narrow the scope of that discretion but do not eliminate it; internal procedures and public publishing reduce, but do not remove, implementation risk. \n- Compliance burden and costs: the prescribed fees and the register particulars impose modest direct costs on applicants and licensees and indirect costs on businesses that rely on register searches. These are predictable, quantifiable administrative costs rather than new substantive liabilities. \n- Effects on private choice and markets: the instrument itself does not change who may use Olympic insignia or expand substantive rights; it affects transactional friction (fees, disclosure obligations, and procedural deadlines), which can influence business decisions about applying for protection or licensing arrangements. \n- Enforcement and transparency: clearer register content and published office‑availability decisions reduce information frictions for competitors, licensees and enforcement agencies. \n\nSources / relevant sections: Reg 2 (definitions); Reg 3 (fees); Regs 5–6C (inspection, corrections, office-closed rules); Regs 7–8 (register particulars); Reg 9 (objection period)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/olympic-insignia-protection-regulations-1993","history":"/api/acts/olympic-insignia-protection-regulations-1993/history","analysis":"/api/acts/olympic-insignia-protection-regulations-1993/analysis","conflicts":"/api/acts/olympic-insignia-protection-regulations-1993/conflicts","importantCases":"/api/acts/olympic-insignia-protection-regulations-1993/important-cases","documents":"/api/acts/olympic-insignia-protection-regulations-1993/documents"}}