16Regulation 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.