45Injunctions

45 Injunctions

(1) If a person has engaged, is engaging, or is proposing to engage, in conduct that contravenes section 16, a relevant court may grant an injunction restraining the person from engaging in the conduct. (2) The power of the court to grant an injunction may be exercised: (a) whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; and (b) whether or not the person has previously engaged in conduct of that kind. (3) An injunction under this section may only be granted on the application of an official user for the major sporting event concerned. (4) An official user for a major sporting event may only apply for an injunction under this section in relation to the event’s protected indicia or images if: (a) the official user is an event body for the event and the protected indicia or images relate to the event body; or (b) the official user is an authorised person for the event and the protected indicia or images are covered by the relevant authorisation.

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.

(5) The court may discharge or vary an injunction granted under this section. (6) The powers conferred on the court by this section are in addition to, and not in derogation of, any other powers of the court, whether conferred by this Act or otherwise. (7) For the purposes of subsection (4), if an indicium so closely resembles the protected indicium referred to in that subsection that a reasonable person is likely to mistake it for that protected indicium, the indicium is taken to be the protected indicium.