4Simplified outline of this Act

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.