44Corporation's property in grand prix insignia

44 Corporation's property in grand prix insignia

(1) The Corporation has a proprietary interest in all grand prix insignia.

(2) A person who, in the course of a trade or business, without the consent of the Corporation—

(a) supplies goods marked with grand prix insignia; or

(b) uses grand prix insignia for the purpose of promoting the supply of goods or services; or

(c) assumes a name or description that consists of, or includes, grand prix insignia—

is guilty of an offence.

1. 1000 penalty units.

(3) A person does not contravene subsection (2) if the supply, use or assumption—

(a) occurs before 1 January 1996; and

(b) is authorised by the Australian Formula One Grand Prix Board established by the Australian Formula One Grand Prix Act 1984 of South Australia—

(i) by a consent under section 28a of that Act; or

(ii) under a licence granting rights in respect of a trade mark of which the Australian Formula One Grand Prix Board is the registered owner under the Trade Marks Act 1955 of the Commonwealth.

(4) Subsection (2) does not apply in relation to goods—

(a) manufactured and marked with grand prix insignia before 1 January 1996; and

(b) supplied before 1 February 1996—

if the manufacture, marking and supply is authorised by the Australian Formula One Grand Prix Board established by the Australian Formula One Grand Prix Act 1984 of South Australia—

(c) by a consent under section 28a of that Act; or

(d) under a licence granting rights in respect of a trade mark of which the Australian Formula One Grand Prix Board is the registered owner under the Trade Marks Act 1955 of the Commonwealth.

(5) Subsection (2)(a) does not apply in relation to goods marked with grand prix insignia—

(a) that were manufactured and marked with those grand prix insignia before the commencement of this section; or

(b) that, although manufactured after that commencement, were manufactured to fulfil a contract entered into before that commencement relating to the supply of goods marked with grand prix insignia.

S. 44(6) amended by Nos 87/1995 s. 13(a), 39/2025 s. 27.

(6) Subsection (2) does not apply to—

(a) the supply of goods marked with grand prix insignia; or

(b) the use of grand prix insignia for the purpose of promoting the supply of goods or services—

by a person if the supply or use is of a kind that the Minister, by instrument, has declared to be a kind of supply or use that the Minister is satisfied is not related to a Formula One event or to an Australian Motorcycle Grand Prix event.