32Exemption—statements about preparation or training of Olympians by sporting organisations and institutes

#### 32 Exemption—statements about preparation or training of Olympians by sporting organisations and institutes (1) For the purposes of this Chapter, if: (a) a body that is: (i) a national sporting organisation in relation to a sport; or (ii) the Australian Sports Commission; or (iii) a State/Territory institute or academy of sport; has been involved in preparing or training Olympians in relation to a Summer or Winter Olympic Games; and (b) the Games have ended; and (c) the body makes, or authorises another person to make, a statement that consists of, or includes, a factual reference to that involvement; and (d) the statement includes a protected olympic expression; and (e) the statement is applied to goods or services; and (f) the application of the statement is for advertising or promotional purposes, or is likely to enhance the demand for the goods or services; and (g) the application of the statement would not suggest, to a reasonable person, that any person is or was a sponsor of, or is or was the provider of sponsorship‑like support for: (i) the AOC; or (ii) the IOC; or (iii) a Summer or Winter Olympic Games that has not ended; or (iv) the organising committee for a Summer or Winter Olympic Games that has not ended; or (v) an Australian Olympic team in relation to a Summer or Winter Olympic Games that has not ended; or (vi) a section of an Australian Olympic team in relation to a Summer or Winter Olympic Games that has not ended; or (vii) an individual member of an Australian Olympic team in relation to a Summer or Winter Olympic Games that has not ended; the application of the statement is to be disregarded for the purposes of this Chapter. (2) For the purposes of this section, a State/Territory institute or academy of sport is a body that is recognised by the Government of a State or Territory as the principal organisation within the State or Territory that has responsibility for preparing elite sportsmen and sportswomen for sporting competition at the elite level. (3) For the purposes of this section: (a) an organisation that is a part of another body is taken to be a body in its own right; and (b) anything done on behalf of, or in the name of, the organisation by the other body is taken to have been done by the organisation.