Sydney 2000 Games (Indicia and Images) Protection Act 1996
43Injunctions
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43 Injunctions
(1) If a person has engaged, is engaging, or is proposing to engage, in conduct in contravention of section 12, a prescribed 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 SOCOG, SPOC or a licensed user. (4) An injunction granted under this section on the application of SOCOG may only relate to Sydney 2000 Games indicia or images referred to in one or more of the following paragraphs:
(a) common Sydney 2000 Games indicia;
(b) Sydney 2000 Olympic Games indicia;
(c) common Sydney 2000 Games images;
(d) Sydney 2000 Olympic Games images.
(5) An injunction granted under this section on the application of SPOC may only relate to Sydney 2000 Games indicia or images referred to in one or more of the following paragraphs:
(a) common Sydney 2000 Games indicia;
(b) Sydney 2000 Paralympic Games indicia;
(c) common Sydney 2000 Games images;
(d) Sydney 2000 Paralympic Games images.
(6) An injunction granted under this section on the application of a person who is a licensed user may only relate to Sydney 2000 Games indicia or images to which the licence granted to the person under Division 2 of Part 3 relates. (7) The court may discharge or vary an injunction granted under this section. (8) 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. (9) For the purposes of subsections (4), (5) and (6), an indicia so closely resembling the Sydney 2000 Games indicia referred to in those subsections as to be likely to be mistaken, by a reasonable person, for the Sydney 2000 Games indicia referred to, is to be taken to be the Sydney 2000 Games indicia referred to.