15Simplified outline of this Part

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.