48Damages or accounts of profits

48 Damages or accounts of profits

(1) If an official user for a major sporting event suffers loss or damage as a result of anything done by a person that contravenes section 16 in relation to the event, the official user may bring an action in a relevant court against the person.

Note: See also subsections (6), (7) and (8).

(2) The relief that the court may grant in an action under this section is, at the option of the official user, either damages or an account of profits. (3) The action must be brought within 3 years after the day on which the contravention occurred. (4) A request under section 49 for consent to the bringing of an action under this section must be given before the end of the protection period for the event. (5) This section applies whether or not relief is granted under section 45 (injunctions). (6) However, an official user for a major sporting event may not bring an action against a person under this section in relation to the use of the event’s protected indicia or images if the official user has already brought an action against the person in relation to that use 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. (7) An official user for a major sporting event may not continue an action against a person under this section in relation to the use of protected indicia or images if the official user brings an action against the person in relation to that use under a provision specified or prescribed as referred to in subsection (6). (8) If the court grants an official user damages or an account of profits under this section in relation to the use of a major sporting event’s protected indicia or images by a person, the official user may not bring an action against the person under a provision specified or prescribed as referred to in subsection (6).