11Use for commercial purposes

11 Use for commercial purposes

(1) This section sets out the 2 situations in which a person is said to use Sydney 2000 Games indicia or images for commercial purposes. (2) For the purposes of this Act, if:

(a) a person (the first person) causes Sydney 2000 Games indicia or images to be applied to goods or services of the first person; and

(b) the application is for advertising or promotional purposes, or is likely to enhance the demand for the goods or services; and

(c) the application, to a reasonable person, would suggest that the first person is or was a sponsor of, or is or was the provider of other support for:

(i) the Sydney 2000 Olympic Games, the Sydney 2000 Paralympic Games, or both Games; or

(ii) any event arranged by SOCOG, the Australian Olympic Committee Inc., or the International Olympic Committee in connection with the Sydney 2000 Olympic Games; or

(iii) any event arranged by SPOC, the Australian Paralympic Federation, or the International Paralympic Committee in connection with the Sydney 2000 Paralympic Games;

the application is use by the first person of the indicia or images for commercial purposes. (3) For the purposes of this Act, if:

(a) a person (the first person), other than SOCOG, SPOC or a licensed user, causes Sydney 2000 Games indicia or images to be applied to goods or services of the first person; and

(b) the application is for advertising or promotional purposes, or is likely to enhance the demand for the goods or services; and

(c) the application, to a reasonable person, would suggest that the first person is or was a sponsor of, or is or was the provider of other support for:

(i) the Sydney 2000 Olympic Games, the Sydney 2000 Paralympic Games, or both Games; or

(ii) any event arranged by SOCOG, the Australian Olympic Committee Inc., or the International Olympic Committee in connection with the Sydney 2000 Olympic Games; or

(iii) any event arranged by SPOC, the Australian Paralympic Federation, or the International Paralympic Committee in connection with the Sydney 2000 Paralympic Games; and

(d) any of the following conditions are satisfied in relation to a person (the second person) other than the first person:

(i) in the case of goods or services—the second person supplies, or offers to supply, the goods or services;

(ii) in the case of goods—the second person exposes the goods for supply by the second person;

(iii) in the case of goods—the second person keeps the goods for supply by the second person or by another person;

the supply, offer, exposure or keeping, as the case may be, by the second person is use by the second person of the indicia or images for commercial purposes. (4) In this section: