Ley de Protección de las Insignias Olímpicas de 1987 (versión consolidada de 12 de marzo de 2014), Australia, WIPO Lex

Textos principales

Inglés Olympic Insignia Protection Act 1987 (consolidated as of March 12, 2014)

Olympic Insignia Protection Act 1987 (as consolidated 12 March 2014)

Prepared by the Office of Parliamentary Counsel, Canberra

Olympic Insignia Protection Act 1987

No. 27, 1987 as amended

Compilation start date: 12 March 2014

Includes amendments up to: Act No. 197, 2012

ComLaw Authoritative Act C2014C00080

About this compilation

This compilation

This is a compilation of the Olympic Insignia Protection Act 1987 as in force on

12 March 2014. It includes any commenced amendment affecting the legislation

to that date.

This compilation was prepared on 12 March 2014.

The notes at the end of this compilation (the endnotes) include information

about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the

compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and

amendments

If the operation of a provision or amendment is affected by an application,

saving or transitional provision that is not included in this compilation, details

are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force,

details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have

effect in accordance with a provision of the law, details are included in the

endnotes.

ComLaw Authoritative Act C2014C00080

Olympic Insignia Protection Act 1987 i

Contents

Chapter 1—Introduction 1

Part 1.1—Introduction 1 1 Short title ...........................................................................................1

1A Simplified outline ..............................................................................1

Chapter 2—Copyright and design protection 2

Part 2.1—Introduction 2 2 Interpretation .....................................................................................2

2A Artistic work of olympic torch and flame may be prescribed ............4

3 Act to bind Crown .............................................................................5

4 Extension of Act to external Territories.............................................5

Part 2.2—Copyright protection 6 5 Ownership etc. of copyright in the olympic symbol ..........................6

Part 2.3—Design protection 7 6 Ownership of design of olympic symbol ...........................................7

7 Monopoly of design...........................................................................7

8 Infringement of monopoly in protected design..................................7

9 Remedies for infringement of monopoly in protected design ............9

9A Australian Consumer Law provides further remedies .......................9

10 Registration of designs ....................................................................10

11 Extension or reduction of protection periods in relation to

registered olympic designs ..............................................................12

11A Reduction of protection periods for registered torch and

flame designs...................................................................................13

12 Register of Olympic Designs...........................................................13

13 Delegation .......................................................................................15

14 Approved forms...............................................................................15

14A Doing act when Designs Office reopens after end of period

otherwise provided for doing act .....................................................15

Part 2.4—Miscellaneous 17 15 Certain purported dispositions or charges to be void.......................17

16 Validation of certain licences ..........................................................17

17 Application of the Copyright Act 1968 ............................................18

18 Protected designs not to be registered under the Designs Act

1906.................................................................................................19

18A AOC to maintain Register of licences .............................................19

ComLaw Authoritative Act C2014C00080

ii Olympic Insignia Protection Act 1987

19 Certain marks not to be registered under the Trade Marks

Act 1995...........................................................................................19

20 Preservation of certain existing rights .............................................20

21 Compensation for acquisition of property .......................................21

Chapter 3—Protected olympic expressions 23

Part 3.1—Introduction 23

Division 1—General provisions 23

22 Object of Chapter ............................................................................23

23 Definitions.......................................................................................23

24 Protected olympic expressions ........................................................25

25 Chapter binds the Crown .................................................................26

26 Application of Chapter ....................................................................26

27 Additional operation of Chapter ......................................................26

Division 2—Use for commercial purposes etc. 28

28 Application of expressions or statements ........................................28

29 Sponsorship-like support .................................................................28

30 Use for commercial purposes ..........................................................29

31 Exemption—statements about past participation of

Olympians .......................................................................................31

32 Exemption—statements about preparation or training of

Olympians by sporting organisations and institutes.........................32

33 Exemption—statements about sports-related personal

services ............................................................................................34

34 Exemption—statements about supply of goods or services to

past teams or Games ........................................................................34

35 Certain uses not alone sufficient to suggest sponsorship or

sponsorship-like support..................................................................35

Part 3.2—Protection of protected olympic expressions 37 36 Regulation of use of protected olympic expressions........................37

37 Persons involved in contraventions of section 36............................37

Part 3.3—Licensing 38 38 Licensing by the AOC .....................................................................38

39 Limitation on licence.......................................................................38

40 AOC to maintain Register of licences .............................................38

Part 3.4—Enforcement 39

Division 1—Remedies 39

41 Injunctions.......................................................................................39

42 Interim injunctions...........................................................................40

ComLaw Authoritative Act C2014C00080

Olympic Insignia Protection Act 1987 iii

43 Corrective advertisements ...............................................................40

44 Damages ..........................................................................................40

45 Account of profits............................................................................41

46 Destruction or delivery of goods .....................................................41

47 Consent of the AOC to institute remedial proceedings....................42

48 Other remedies ................................................................................42

Division 2—Importation of goods 44

49 Definitions.......................................................................................44

50 Determinations about owners of goods ...........................................45

51 Importation of goods by the AOC ...................................................45

52 Notice of objection to importation...................................................45

53 Consent of the AOC to giving of notices.........................................46

54 CEO may seize goods......................................................................46

55 Notice of seizure..............................................................................47

56 Forfeiture of goods—by consent .....................................................48

57 Release of goods—no application for injunction.............................48

58 Application for injunction—additional parties, relief etc. ...............49

59 Disposal of goods ordered to be forfeited........................................50

60 Power of CEO to retain control of goods.........................................50

61 Insufficient security .........................................................................50

62 Commonwealth not liable for loss etc. suffered because of

seizure..............................................................................................51

63 Modification in relation to Christmas Island etc..............................51

Division 3—Groundless threats 52

64 Groundless threats of legal proceedings ..........................................52

65 Counterclaim in action on groundless threats ..................................52

Part 3.5—Jurisdiction of prescribed courts etc. 54 66 Prescribed courts .............................................................................54

67 Jurisdiction of Federal Court ...........................................................54

68 Jurisdiction of other prescribed courts.............................................54

69 Transfer of proceedings ...................................................................54

Part 3.6—Miscellaneous 56 70 Concurrent operation of State and Territory laws............................56

71 Preservation of existing rights .........................................................56

72 Acquisition of property....................................................................57

73 Implied freedom of political communication...................................58

74 Chapter has effect in addition to contracts.......................................58

75 Validation of certain licences ..........................................................58

ComLaw Authoritative Act C2014C00080

iv Olympic Insignia Protection Act 1987

Chapter 4—Regulations 59

Part 4.1—Regulations 59 76 Regulations......................................................................................59

Schedule—Outline of the olympic symbol 60

Endnotes 61

Endnote 1—About the endnotes 61

Endnote 2—Abbreviation key 63

Endnote 3—Legislation history 64

Endnote 4—Amendment history 66

Endnote 5—Uncommenced amendments [none] 70

Endnote 6—Modifications [none] 70

Endnote 7—Misdescribed amendments [none] 70

Endnote 8—Miscellaneous 71

ComLaw Authoritative Act C2014C00080

Introduction Chapter 1

Introduction Part 1.1

Section 1

Olympic Insignia Protection Act 1987 1

An Act to make provision for the protection of the

olympic insignia, for the regulation of the

commercial use of certain olympic expressions, and

for related purposes

Chapter 1—Introduction

Part 1.1—Introduction

1 Short title

This Act may be cited as the Olympic Insignia Protection Act

1987.

1A Simplified outline

The following is a simplified outline of this Act:

• Chapter 2 of this Act protects the olympic insignia by:

(a) making the AOC the owner of copyright in the

olympic symbol; and

(b) making the AOC the owner of certain olympic

designs; and

symbol and certain other olympic images must not

be registered as trade marks.

• Chapter 3 of this Act prohibits the commercial use of certain

olympic expressions unless the user holds a licence granted by

the AOC.

ComLaw Authoritative Act C2014C00080

Chapter 2 Copyright and design protection

Part 2.1 Introduction

Section 2

2 Olympic Insignia Protection Act 1987

Chapter 2—Copyright and design protection

Part 2.1—Introduction

2 Interpretation

(1) In this Chapter, unless the contrary intention appears:

AOC or Australian Olympic Committee means the Australian

Olympic Committee Incorporated, being an association

incorporated on 24 April 1985 under the Associations

Incorporation Act 1981 of Victoria.

Australia, when used in a geographical sense, includes the external

Territories.

Australian Consumer Law means Schedule 2 to the Competition

and Consumer Act 2010 as applied under Subdivision A of

Division 2 of Part XI of that Act.

charge means a charge created in any way and includes a mortgage

and an agreement to give or execute a charge or mortgage, whether

upon demand or otherwise.

corresponding design, in relation to an artistic work, means a

design that, when applied to an article, results in a reproduction of

that work.

design of the olympic symbol means the design that, when applied

to any article, results in a reproduction of the olympic symbol.

Federal Court means the Federal Court of Australia.

monopoly, in relation to a protected design, means the exclusive

right to apply the design to any article to which the design is

capable of being applied.

olympic artistic work means:

(a) a prescribed olympic torch and flame; or

ComLaw Authoritative Act C2014C00080

Introduction Part 2.1

Section 2

Olympic Insignia Protection Act 1987 3

(b) an artistic work that incorporates either but not both of the

following:

(i) the olympic symbol;

(ii) a prescribed olympic torch and flame.

olympic motto means:

(a) the motto expressed in Latin as citius, altius, fortius; and

(b) the motto expressed in English as faster, higher, stronger.

olympic symbol means the symbol an outline of which is set out in

the Schedule.

prescribed olympic torch and flame means an artistic work

prescribed under section 2A.

protected design means each of the following:

(a) the design of the olympic symbol;

(b) a registered olympic design;

protection period means:

(a) in relation to a registered olympic design—the period of 12

years starting on the day the design was registered, as

extended or reduced under section 11; or

(b) in relation to a registered torch and flame design for a

particular Summer or Winter Olympic Games—the period

starting:

(i) on the 1 January that is at least 3 years but less than 4

years before the opening of those Olympic Games; or

(ii) when the design is registered;

whichever is later, and ending on 31 December next after the

closing of those Olympic Games, as reduced under

section 11A.

registered design means a design registered under section 10.

registered olympic design means a design registered under this Act

in relation to an artistic work that incorporates the olympic symbol.

ComLaw Authoritative Act C2014C00080

Chapter 2 Copyright and design protection

Part 2.1 Introduction

Section 2A

4 Olympic Insignia Protection Act 1987

registered torch and flame design means a design registered under

this Act in relation to an artistic work that is or incorporates a

prescribed olympic torch and flame.

Registrar means the Registrar of Designs holding office under the

Designs Act 1906.

reproduction, in relation to an artistic work, has the same meaning

as in the Copyright Act 1968.

(2) Where, by virtue of regulations in force for the purposes of

subsection 17(2) of the Designs Act 1906, a design is not capable

of being registered under that Act for an article specified in those

regulations, a reference in this Chapter to an article does not

include a reference to an article so specified.

(3) Unless the contrary intention appears, an expression used in this

Chapter and the Designs Act 1906 has the same meaning in this

Chapter as in the Designs Act 1906.

2A Artistic work of olympic torch and flame may be prescribed

(1) The regulations may prescribe a single artistic work of an olympic

torch and flame for a particular Summer Olympic Games or for a

particular Winter Olympic Games. The artistic work must not

incorporate the olympic symbol.

(2) The regulations must not prescribe an artistic work unless:

(a) copyright under the Copyright Act 1968 subsists in the

artistic work; and

(b) the AOC is the owner of the copyright in the artistic work.

(3) The Governor-General may not make a regulation prescribing an

artistic work for a particular Olympic Games before the 1 July that

is at least 31/2 years but less than 41/2 years before the opening of

those Olympic Games (that is, 6 months before the earliest date on

which the protection period for a registered torch and flame design

for those Olympic Games could start).

ComLaw Authoritative Act C2014C00080

Introduction Part 2.1

Section 3

Olympic Insignia Protection Act 1987 5

3 Act to bind Crown

Subject to Part VII of the Copyright Act 1968, this Chapter binds

the Crown in right of the Commonwealth, of each of the States, of

the Northern Territory and of Norfolk Island.

4 Extension of Act to external Territories

This Chapter extends to the external Territories.

ComLaw Authoritative Act C2014C00080

Chapter 2 Copyright and design protection

Part 2.2 Copyright protection

Section 5

6 Olympic Insignia Protection Act 1987

Part 2.2—Copyright protection

5 Ownership etc. of copyright in the olympic symbol

(1) For the purposes of the Copyright Act 1968:

(a) the olympic symbol shall be taken to be an original artistic

work in which copyright subsists; and

(b) the AOC shall be taken to be the owner of the copyright in

the olympic symbol.

(2) Notwithstanding anything in the Copyright Act 1968:

(a) copyright in the olympic symbol subsists indefinitely; and

(b) a fair dealing with the olympic symbol does not constitute an

infringement of the copyright in the olympic symbol if it is

for the purpose of, or is associated with, the giving of

information (including the reporting of news):

(i) in a newspaper, magazine or similar periodical; or

(ii) by means of broadcasting or in a cinematograph film.

(3) An expression used in this section and in the Copyright Act 1968

has the same meaning in this section as it has in that Act.

(4) The AOC does not have the capacity to bring an action or

proceeding under the law of a foreign country for an infringement

of copyright in the olympic symbol.

ComLaw Authoritative Act C2014C00080

Design protection Part 2.3

Section 6

Olympic Insignia Protection Act 1987 7

Part 2.3—Design protection

6 Ownership of design of olympic symbol

The AOC is taken to be the owner of:

(a) the design of the olympic symbol; and

(b) any registered olympic design that was registered under this

Act immediately before the commencement of the Olympic

Insignia Protection Amendment Act 1994.

7 Monopoly of design

(1) The AOC has a monopoly in a protected design.

(2) The rights of the AOC with respect to a protected design are

personal property and, subject to this Chapter, the laws applicable

to ownership of personal property apply in relation to the

monopoly in the design as they apply in relation to other choses in

action.

8 Infringement of monopoly in protected design

(1) A person infringes the monopoly in a protected design if:

(a) in the case of the design of the olympic symbol—at any time;

(b) in the case of a registered olympic design or registered torch

and flame design—during the protection period in relation to

that design;

the person, without the licence of the AOC:

to any article;

(d) imports into Australia for sale, or for use for the purposes of

any trade or business, any article to which the design or any

fraudulent or obvious imitation of it has been applied,

whether before or after the commencement of this Act,

outside Australia; or

ComLaw Authoritative Act C2014C00080

Chapter 2 Copyright and design protection

Part 2.3 Design protection

Section 8

8 Olympic Insignia Protection Act 1987

(e) sells, or offers or keeps for sale, or hires, or offers or keeps

for hire:

(i) any article to which the design or any fraudulent or

obvious imitation of it has been applied in infringement

of the monopoly in the design; or

(ii) any article:

(A) to which the design or any fraudulent or

obvious imitation of it has been applied; and

(B) that has been imported into Australia in

infringement of the monopoly in the design.

(2) A person does not infringe the monopoly in a protected design by

virtue of the application of paragraph (1)(c) or

subparagraph (1)(e)(i) in relation to an article if, at the time when

the person did the act that, but for this subsection, would have

constituted the infringement, the person did not intend that the

article would be used in Australia at a later time by any person.

(3) Subject to subsection (4), if a person infringes the monopoly in a

protected design:

(a) the AOC; or

(b) a holder of a licence in relation to the design whose interests

have been, are or would be affected by the infringement;

may bring an action or proceeding against the person in the Federal

Court for infringement of the monopoly in the design.

(4) An action or proceeding for infringement of the monopoly in a

protected design shall not be instituted by the holder of a licence in

relation to the design without the consent of the AOC.

(5) Where:

(a) a person, being the holder of a licence in relation to a

protected design, applies, by notice in writing served on the

AOC, for the consent of the AOC under subsection (4) to the

institution by the person of an action or proceeding for

infringement of the monopoly in the design; and

ComLaw Authoritative Act C2014C00080

Design protection Part 2.3

Section 9

Olympic Insignia Protection Act 1987 9

(b) the AOC does not grant or refuse that consent before the end

of the period of 7 days after the day on which the notice was

served;

the AOC shall, at the end of that period, be deemed to have granted

that consent under subsection (4).

(6) Consent under subsection (4) to the institution of an action or

proceeding shall not be unreasonably refused.

(7) Subsection (4) does not affect the granting of an interlocutory

injunction on the application of a holder of a licence in relation to a

protected design.

(8) For the purposes of this section, a design shall not be taken not to

be a fraudulent or obvious imitation of a registered olympic design

by reason only that the first-mentioned design does not incorporate

the design of the olympic symbol.

(9) For the purposes of this section, a design may be a fraudulent or

obvious imitation of a registered torch and flame design in relation

to an artistic work that incorporates a prescribed torch and flame

even though the first-mentioned design relates to an artistic work

that does not include the prescribed olympic torch and flame.

9 Remedies for infringement of monopoly in protected design

The relief that the Federal Court may grant in an action or

proceeding for the infringement of the monopoly in a protected

design includes an injunction (subject to such terms, if any, as the

Court thinks fit) and, at the option of the plaintiff, either damages

or an account of profits.

9A Australian Consumer Law provides further remedies

(1) The remedies provided under this Chapter in relation to protected

designs are in addition to the remedies provided by the Australian

Consumer Law in relation to engaging in conduct that is

misleading or deceptive (see section 18 of the Australian

Consumer Law) and, in particular, in relation to representations:

ComLaw Authoritative Act C2014C00080

Chapter 2 Copyright and design protection

Part 2.3 Design protection

Section 10

10 Olympic Insignia Protection Act 1987

(a) that goods or services have sponsorship or approval that they

do not have (see paragraph 29(1)(g) of the Australian

Consumer Law); or

(b) that a corporation as defined in that Act has a sponsorship,

approval or affiliation that it does not have (see

paragraph 29(1)(h) of the Australian Consumer Law).

(2) The references in subsection (1) to particular provisions of the

Australian Consumer Law do not imply that other provisions of the

Australian Consumer Law do not apply in relation to conduct that

is also covered by this Chapter.

10 Registration of designs

(1) The AOC may apply to the Registrar to register under this Act the

design that, when applied to any article, results in a reproduction of

an olympic artistic work.

(2) An application:

(a) must be in accordance with an approved form; and

(b) must be accompanied by the prescribed fee; and

Designs Office.

(3) The Registrar must cause notice of an application to be published

in the Gazette and in the Official Journal.

(4) A notice of an application must invite persons who wish to object

to the grant of the application on any relevant grounds to make

representations in connection with the application by a day

specified in the notice.

(5) The day specified in the notice must be at least 60 days after the

date of the notice.

(6) A person may, not later than the day specified in the notice, make

representations to the Registrar about the application in accordance

with an approved form.

ComLaw Authoritative Act C2014C00080

Design protection Part 2.3

Section 10

Olympic Insignia Protection Act 1987 11

(7) Subject to subsection (8), after the Registrar has considered any

representations made about the application, the Registrar must

(a) copyright under the Copyright Act 1968 subsists in the

olympic artistic work; and

(b) the AOC is the owner of the copyright in the olympic artistic

work; and

(d) no other person has an interest in the design; and

(e) no corresponding design in relation to the olympic artistic

work is registered under the Designs Act 1906; and

(f) upon registration of the design, there would be no more than

10 registered designs with unexpired protection periods

(including registered designs whose protection periods have

not yet started).

(8) A design must not be registered under this section unless it is a

new or original design and in particular, must not be registered if

the design:

(a) differs from a published design only in immaterial details or

in features commonly used in a relevant trade; or

(b) is an obvious adaptation of a published design.

(9) For the purposes of subsection (8), a design in relation to an artistic

work is not to be treated:

(a) as other than new or original; or

(b) as having been published or used;

merely because of any use made of the artistic work by the AOC

before the day on which the application for registration of the

design was lodged.

(10) Where the Registrar decides under subsection (7) to register, or to

refuse to register, a design, the Registrar must cause notice of that

decision to be published in the Gazette and in the Official Journal.

(11) An appeal lies to the Federal Court from the decision of the

Registrar to register, or to refuse to register, a design.

(12) In this section:

ComLaw Authoritative Act C2014C00080

Chapter 2 Copyright and design protection

Part 2.3 Design protection

Section 11

12 Olympic Insignia Protection Act 1987

published design, in relation to an application under this section,

means a design that:

(a) was registered under the Designs Act 1906; or

(b) was published or used in Australia in respect of any article;

before the day on which the application was lodged.

(13) For the purposes of the definition of published design in

subsection (12), any secret use of the design is to be disregarded.

11 Extension or reduction of protection periods in relation to

registered olympic designs

(1) The AOC may, not later than 6 months before the end of the

protection period in relation to a registered olympic design

(including a protection period that has been extended or reduced

under this section), apply to the Registrar for that period to be

extended by a further period of 12 years.

(2) An application under subsection (1):

(a) must be in accordance with an approved form; and

(b) must be accompanied by the prescribed fee; and

Designs Office.

(3) Where an application is made under subsection (1), the Registrar

shall cause notice of the application to be published in the Gazette

and in the Official Journal.

(4) A notice of an application shall invite persons who wish to object

to the grant of the application on any relevant grounds to make

representations in connection with the application by such date, not

being a date earlier than 60 days after the date of the notice, as is

specified in the notice.

(5) A person may, not later than the date specified in the notice, make

representations to the Registrar in connection with the application

in accordance with an approved form.

(6) After the Registrar has considered any such representations made

in respect of an application for the extension of the protection

ComLaw Authoritative Act C2014C00080

Design protection Part 2.3

Section 11A

Olympic Insignia Protection Act 1987 13

period in relation to a registered olympic design, the Registrar

shall, before the end of the protection period, extend the protection

period for a further period of 12 years if the Registrar would be

required to register the design if an application for registration of

the design had been made immediately after the end of the

protection period.

(7) The Registrar shall, on the application of the AOC made in

accordance with an approved form, reduce the duration of the

protection period in relation to a registered olympic design.

(8) Where the protection period in relation to a registered olympic

design ends or is extended, the Registrar shall cause notice of the

end or extension to be published in the Gazette and in the Official

Journal.

(9) Where the Registrar makes a decision under subsection (6)

refusing to extend a protection period, the Registrar shall cause

notice of the decision to be published in the Gazette and in the

Official Journal.

(10) An appeal lies to the Federal Court from a decision of the Registrar

under subsection (6) to extend or to refuse to extend a protection

period.

11A Reduction of protection periods for registered torch and flame

designs

(1) The Registrar must, on the application of the AOC made in

accordance with an approved form, reduce the duration of the

protection period in relation to a registered torch and flame design.

(2) Where the protection period in relation to a registered torch and

flame design ends, the Registrar must cause notice of the end of

that period to be published in the Gazette and in the Official

Journal.

12 Register of Olympic Designs

(1) There shall be kept at the Designs Office a Register of Olympic

Designs.

ComLaw Authoritative Act C2014C00080

Chapter 2 Copyright and design protection

Part 2.3 Design protection

Section 12

14 Olympic Insignia Protection Act 1987

(2) The Registrar shall enter in the Register of Olympic Designs

particulars of:

(a) registered olympic designs; and

(b) the end and extension of protection periods in relation to

registered olympic designs; and

(ba) registered torch and flame designs; and

(bb) the end of protection periods in relation to registered torch

and flame designs; and

(3) The Register of Olympic Designs shall be open to the inspection of

the public at the times, and on payment of the fees (if any),

prescribed for the purposes of this section.

(4) The regulations may make further provision with respect to the

generality of the foregoing, provision for the correction of errors in

the Register of Olympic Designs.

(5) Section 36 of the Designs Act 1906 applies in relation to the

relation to the Register of Designs.

(6) The Federal Court, on the application of a person aggrieved, may

order the rectification of the Register of Olympic Designs by:

(a) the making of any entry wrongly omitted to be made in the

(b) the expunging or amendment of any entry wrongly made in

or remaining on the Register of Olympic Designs; or

Olympic Designs.

(7) Notice of each application under subsection (6) shall be given to

the Registrar, who may be heard on the application.

(8) A copy of an order under subsection (6) shall be served on the

Registrar, who shall, on receipt of the order, take such steps as are

necessary to give effect to the order.

ComLaw Authoritative Act C2014C00080

Design protection Part 2.3

Section 13

Olympic Insignia Protection Act 1987 15

(9) A defendant in an action or proceeding for the infringement of the

monopoly in a protected design may apply, by way of

counter-claim in the action or proceeding, for the rectification of

the Register of Olympic Designs by the expunging of the entry of

the registration of the design from the Register of Olympic

Designs.

13 Delegation

Section 8A of the Designs Act 1906 applies in relation to the

Registrar’s powers under this Part in the same manner in which it

applies in relation to the Registrar’s powers under that Act.

14 Approved forms

(1) A reference in this Part to an approved form is a reference to a

form approved by the Registrar in writing.

(2) An approved form may require any statement in the form to be

verified by a statutory declaration accompanying the form.

14A Doing act when Designs Office reopens after end of period

otherwise provided for doing act

(1) If the last day of a period provided by this Chapter (except this

section), or regulations made for the purposes of this Chapter, for

doing an act is a day when the Designs Office is not open for

business, the act may be done in prescribed circumstances on the

next day when the office is open for business.

(2) For the purposes of this section, the Designs Office is taken not to

be open for business on a day:

(a) declared by regulations to be a day on which the office is not

open for business; or

(b) declared, by a prescribed person in writing published in the

prescribed way, to be a day on which the office is not open

for business.

ComLaw Authoritative Act C2014C00080

Chapter 2 Copyright and design protection

Part 2.3 Design protection

Section 14A

16 Olympic Insignia Protection Act 1987

Declarations

(3) A declaration mentioned in paragraph (2)(a) or (b) may identify the

day by reference to its being declared a public holiday by or under

a law of a State or Territory. This does not limit the way the

declaration may identify the day.

(4) A declaration mentioned in paragraph (2)(b):

(a) may be made before, on or after the day; and

(b) is not a legislative instrument.

Relationship with other law

(5) This section has effect despite the rest of this Chapter.

(6) Subsection 36(2) of the Acts Interpretation Act 1901 does not

apply in relation to the act mentioned in subsection (1) of this

section.

Exception for prescribed act

(7) This section does not apply to a prescribed act.

Note: Subsection 36(2) of the Acts Interpretation Act 1901 is relevant to a

prescribed act.

ComLaw Authoritative Act C2014C00080

Miscellaneous Part 2.4

Section 15

Olympic Insignia Protection Act 1987 17

Part 2.4—Miscellaneous

15 Certain purported dispositions or charges to be void

(1) A disposition, by assignment, declaration of trust or by any other

means, purporting to be made by the AOC of the whole or any part

of:

(a) its interest in the copyright in the olympic symbol; or

(b) its interest in a registered olympic design;

is void.

(2) A charge purporting to be given by the AOC with respect to an

asset of the AOC that consists of, or includes, the whole or any part

of:

(a) its interest in the copyright in the olympic symbol; or

(b) its interest in a registered olympic design;

is void.

(3) A disposition, by assignment, declaration of trust or by any other

means, purporting to be made by the AOC of the whole or any part

of its interest in a registered torch and flame design is void.

(4) A charge purporting to be given by the AOC with respect to an

asset of the AOC that consists of, or includes, the whole or any part

of its interest in a registered torch and flame design is void.

16 Validation of certain licences

Where, before the date of commencement of this Act, the AOC

purported to grant a licence for a particular period ending after that

date in respect of the copyright in, or the design of, the olympic

symbol, the licence is as valid and effectual as it would have been

if it had been granted on that date for the part of that period that

commenced on that date.

ComLaw Authoritative Act C2014C00080

Chapter 2 Copyright and design protection

Part 2.4 Miscellaneous

Section 17

18 Olympic Insignia Protection Act 1987

17 Application of the Copyright Act 1968

(1) Division 8 of Part III of the Copyright Act 1968 does not apply in

relation to:

(a) the copyright in the olympic symbol; and

(aa) the copyright in a prescribed olympic torch and flame; and

(b) where the design in relation to an artistic work is registered

under this Act—the copyright in the artistic work.

(2) It is not an infringement of the copyright in the olympic symbol to

apply the design of the olympic symbol to an article.

(3) During the protection period in relation to a registered design,

being the design in relation to an artistic work, it is not an

infringement of the copyright in the artistic work to apply the

design to an article.

(4) Where:

(a) an artistic work incorporates the olympic symbol;

(b) the design in relation to the artistic work is registered under

this Act; and

it is not an infringement of the copyright in the artistic work to

apply a design to an article, being:

(d) a design that is a corresponding design in relation to an

artistic work that is a public domain version of the

first-mentioned artistic work; or

(e) a design that differs from the design referred to in

paragraph (d) only in immaterial details or in features

commonly used in a relevant trade.

(5) For the purposes of subsection (4), where an artistic work

incorporates the olympic symbol, the artistic work (if any) that

would result from the omission of the olympic symbol from the

first-mentioned artistic work shall be taken to be the public domain

version of the first-mentioned artistic work.

(5A) Where the protection period in relation to a registered torch and

flame design has ended, it is not an infringement of the copyright

in the artistic work concerned to apply the design to an article.

ComLaw Authoritative Act C2014C00080

Miscellaneous Part 2.4

Section 18

Olympic Insignia Protection Act 1987 19

(6) Where, by virtue of this section, it is not an infringement of the

article at a particular time, it is not an infringement of the copyright

in the artistic work to do any of the following acts or things at that

time:

(a) import into Australia any article to which the design has been

applied;

(b) sell, offer or keep for sale, or hire, or offer or keep for hire,

any article to which the design has been applied.

18 Protected designs not to be registered under the Designs Act 1906

The Registrar shall not register under the Designs Act 1906:

(a) a protected design;

(b) a design incorporating a protected design;

immaterial details or in features commonly used in a relevant

trade; or

(d) a design that is an obvious adaptation of a protected design.

18A AOC to maintain Register of licences

(1) The AOC is to maintain a Register in which the AOC includes

prescribed particulars of:

(a) licences granted by the AOC in relation to copyright in the

olympic symbol; and

(b) licences granted by the AOC in relation to the protected

designs.

(2) The Register may be maintained by electronic means.

(3) The Register is to be made available for inspection on the internet.

19 Certain marks not to be registered under the Trade Marks Act

1995

The Registrar of Trade Marks shall not register under the Trade

Marks Act 1995 a trade mark that contains or consists of any of the

ComLaw Authoritative Act C2014C00080

Chapter 2 Copyright and design protection

Part 2.4 Miscellaneous

Section 20

20 Olympic Insignia Protection Act 1987

following marks or a mark so nearly resembling any of those

marks as to be likely to be taken for that mark:

(a) the olympic motto;

(b) the olympic symbol;

(ba) where an artistic work of an olympic torch and flame is

prescribed for the purposes of section 2A—the artistic work;

under this Act—the artistic work.

20 Preservation of certain existing rights

(1) Subject to subsection (3), nothing in this Chapter affects any rights

conferred by law on a person in respect of:

(a) a trade mark registered under the Trade Marks Act 1995; or

(b) a design registered under the Designs Act 1906.

(2) Subject to subsection (3), nothing in this Chapter affects the use of

a symbol by a person on or after a relevant date if, immediately

before that date, the person would have been entitled to prevent

another person from passing off, by means of the use of that

symbol or of a similar symbol, goods or services as the goods or

services of that first-mentioned person.

(2A) In subsection (2):

relevant date means each of the following:

(a) the date of commencement of this Act (23 June 1987);

(b) the date of commencement of the Olympic Insignia

Protection Amendment Act 1994;

(3) In an action or proceeding against:

(a) the AOC; or

(b) the holder of a licence granted by the AOC in respect of:

(i) the copyright in, or the design of, the olympic symbol;

(ia) the copyright in a prescribed olympic torch and flame;

ComLaw Authoritative Act C2014C00080

Miscellaneous Part 2.4

Section 21

Olympic Insignia Protection Act 1987 21

(ii) a design registered, or purporting to be registered, under

this Act;

for:

Marks Act 1995;

(d) the infringement of the monopoly of a design registered

under the Designs Act 1906; or

(e) passing off arising out of the use of a symbol as mentioned in

subsection (2);

it is a defence if the defendant satisfies the court:

(f) that, at the time of the infringement or use, the defendant was

not aware that the trade mark or design was so registered, or

that the plaintiff was entitled to prevent the passing off, as the

case may be; and

(g) that the defendant had, before that time, taken all reasonable

steps to ascertain whether the trade mark was so registered, a

monopoly in the design so existed or the plaintiff had such an

entitlement to prevent a passing off, as the case may be.

21 Compensation for acquisition of property

(1) Where, but for this subsection, the operation of a provision of this

Chapter would result in the acquisition of property from a person

by another person otherwise than on just terms, there is payable to

the first-mentioned person by that other person such amount of

compensation as is agreed upon between those persons, or, failing

agreement, as is determined by the Federal Court.

(2) Any compensation recovered in proceedings that are instituted

under this section shall be taken into account in assessing damages

or compensation or giving any other remedy in proceedings that

are instituted otherwise than by virtue of this Chapter and that arise

out of the same event or transaction.

(3) Any damages or compensation recovered or other remedy given in

proceedings that are instituted otherwise than by virtue of this

Chapter shall be taken into account in assessing compensation

payable in proceedings that are instituted under this section and

that arise out of the same event or transaction.

ComLaw Authoritative Act C2014C00080

Chapter 2 Copyright and design protection

Part 2.4 Miscellaneous

Section 21

22 Olympic Insignia Protection Act 1987

(4) In this section, acquisition of property and just terms have the

same respective meanings as in paragraph 51(xxxi) of the

Constitution.

ComLaw Authoritative Act C2014C00080

Protected olympic expressions Chapter 3

Introduction Part 3.1

General provisions Division 1

Section 22

Olympic Insignia Protection Act 1987 23

Chapter 3—Protected olympic expressions

Part 3.1—Introduction

Division 1—General provisions

22 Object of Chapter

(1) The object of this Chapter is to protect, and to further, the position

of Australia as a participant in, and a supporter of, the world

Olympic movement.

(2) This object is to be achieved by facilitating the raising of licensing

revenue through the regulation of the use for commercial purposes

of certain expressions associated with the world Olympic

movement.

23 Definitions

In this Chapter, unless the contrary intention appears:

advertisement means any writing, still or moving picture, sign,

symbol or other visual image, or any audible message, or any

combination of 2 or more of those things, that promotes:

(a) goods or services; or

(b) a person.

An advertisement may:

(d) be in a newspaper or periodical; or

(e) be broadcast on radio or television; or

(f) be placed on a website; or

(g) be in any other form.

AOC or Australian Olympic Committee means the Australian

Olympic Committee Incorporated, being an association

incorporated on 24 April 1985 under the Associations

Incorporation Act 1981 of Victoria.

ComLaw Authoritative Act C2014C00080

Chapter 3 Protected olympic expressions

Part 3.1 Introduction

Division 1 General provisions

Section 23

24 Olympic Insignia Protection Act 1987

Australia, when used in a geographical sense, includes the

following external Territories:

(a) Christmas Island;

(b) Cocos (Keeling) Islands;

broadcast means a transmission by means of:

(a) a broadcasting service within the meaning of the

Broadcasting Services Act 1992; or

(b) something that would be such a broadcasting service if the

definition of broadcasting service in subsection 6(1) of that

Act were amended by omitting all the words from and

including ―but does not include‖ to the end of the definition.

designated owner, in relation to goods imported into Australia,

means:

(a) the person identified as the owner of the goods on the entry

made in relation to the goods under section 68 of the

Customs Act 1901; or

(b) if no such entry exists—the person determined to be the

owner of the goods under section 50 of this Act.

expression includes a single word.

Federal Court means the Federal Court of Australia.

IOC or International Olympic Committee means the organisation

created by the Congress of Paris on 23 June 1894, being the

organisation entrusted with the control and development of the

modern Olympic Games.

licence means a licence in force under section 38.

licensed user means a person in relation to whom a licence is in

force.

national sporting organisation has the same meaning as in the

Australian Sports Anti-Doping Authority Act 2006.

Olympian means a person who:

ComLaw Authoritative Act C2014C00080

Protected olympic expressions Chapter 3

Introduction Part 3.1

General provisions Division 1

Section 24

Olympic Insignia Protection Act 1987 25

(a) was accredited by the IOC as a competitor in a sports

competition in a Summer or Winter Olympic Games; and

(b) has competed in that sports competition.

prescribed court means a court that is a prescribed court under

section 66.

promote includes give publicity to.

protected olympic expression has the meaning given by section 24.

sponsorship-like support has the meaning given by section 29.

statement includes a statement made orally, in writing or in any

other way.

use for commercial purposes, in relation to a protected olympic

expression, has the meaning given by section 30.

24 Protected olympic expressions

(1) For the purposes of this Chapter, each of the following expressions

is a protected olympic expression:

(a) Olympic;

(b) Olympics;

(d) Olympiad;

(e) Olympiads.

(2) For the purposes of this Chapter, an expression so closely

resembling a protected olympic expression mentioned in

subsection (1) as to be likely to be mistaken, by a reasonable

person, for such a protected olympic expression is taken to be a

protected olympic expression.

(3) To avoid doubt, for the purposes of this Chapter, the expressions

―Olympian‖ and ―Olympians‖ are taken not to resemble a

protected olympic expression mentioned in subsection (1).

ComLaw Authoritative Act C2014C00080

Chapter 3 Protected olympic expressions

Part 3.1 Introduction

Division 1 General provisions

Section 25

26 Olympic Insignia Protection Act 1987

25 Chapter binds the Crown

This Chapter binds the Crown in all its capacities.

26 Application of Chapter

This Chapter extends to:

(a) Christmas Island; and

(b) Cocos (Keeling) Island; and

(d) the waters above the continental shelf of Australia; and

(e) the airspace above Australia and the continental shelf of

Australia.

27 Additional operation of Chapter

(1) Without prejudice to its effect apart from this section, this Chapter

also has effect as provided by this section.

(2) This Chapter has, by force of this subsection, the effect it would

have if each reference to use for commercial purposes were a

reference to:

(a) use for commercial purposes by a corporation to which

paragraph 51(xx) of the Constitution applies; or

(b) use for commercial purposes by any person in the course of:

(i) trade or commerce with other countries; or

(ii) trade or commerce among the States; or

(iii) trade or commerce within a Territory, between a State

and a Territory or between the Territories; or

(iv) the supply of goods or services to the Commonwealth, a

Territory, or to an authority or instrumentality of the

Commonwealth or of a Territory; or

(v) the use of postal, telegraphic, telephonic or other like

services; or

(vi) the making of a broadcast; or

affects the rights conferred by or under this Chapter on a

ComLaw Authoritative Act C2014C00080

Protected olympic expressions Chapter 3

Introduction Part 3.1

General provisions Division 1

Section 27

Olympic Insignia Protection Act 1987 27

licensed user that is a corporation to which paragraph 51(xx)

of the Constitution applies.

ComLaw Authoritative Act C2014C00080

Chapter 3 Protected olympic expressions

Part 3.1 Introduction

Division 2 Use for commercial purposes etc.

Section 28

28 Olympic Insignia Protection Act 1987

Division 2—Use for commercial purposes etc.

28 Application of expressions or statements

(1) For the purposes of this Chapter, an expression or a statement is

taken to be applied to goods or services if:

(a) in the case of goods, the expression or statement:

(i) is woven in, impressed on, worked into, or affixed or

annexed to, the goods; or

(ii) is applied to any covering, document, label, reel or thing

in or with which the goods are, or are intended to be,

dealt with or provided; or

(b) in the case of goods or services, the expression or statement:

(i) is used in an advertisement that promotes the goods or

services; or

(ii) is used in an invoice, price list, catalogue, brochure,

business letter, business paper or other commercial

document that relates to the goods or services.

(2) For the purposes of this Chapter, if:

(a) an advertisement promotes a particular person; and

(b) the person provides goods or services; and

advertisement was designed to enhance the commercial

image of the person mentioned in paragraph (a);

the advertisement is taken to promote those goods or services.

(3) In this section:

covering includes packaging, frame, wrapper, container, stopper,

lid or cap.

label includes a band or ticket.

29 Sponsorship-like support

(1) For the purposes of this Chapter, a person provides

sponsorship-like support for:

ComLaw Authoritative Act C2014C00080

Protected olympic expressions Chapter 3

Introduction Part 3.1

Use for commercial purposes etc. Division 2

Section 30

Olympic Insignia Protection Act 1987 29

(a) the AOC; or

(b) the IOC; or

(d) the organising committee for a Summer or Winter Olympic

Games; or

(e) an Australian Olympic team; or

(f) a section of an Australian Olympic team; or

(g) an individual member of an Australian Olympic team;

if, and only if, the person provides support on the understanding

(whether express or implied) that the support is provided in

exchange for a right to associate:

(h) the person; or

(i) goods or services of the person;

with the committee, games, team, section or individual concerned.

(2) A right mentioned in subsection (1) need not be legally

enforceable.

(3) An exchange mentioned in subsection (1) may be wholly or partly

for the right mentioned in that subsection.

30 Use for commercial purposes

(1) This section sets out the 2 situations in which a person is said to

use a protected olympic expression for commercial purposes.

Use for commercial purposes—situation (1)

(2) For the purposes of this Chapter, if:

(a) a person (the first person) causes a protected olympic

expression 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

the first person is or was a sponsor of, or is or was the

provider of sponsorship-like support for:

(i) the AOC; or

ComLaw Authoritative Act C2014C00080

Chapter 3 Protected olympic expressions

Part 3.1 Introduction

Division 2 Use for commercial purposes etc.

Section 30

30 Olympic Insignia Protection Act 1987

(ii) the IOC; or

(iii) a Summer or Winter Olympic Games; or

(iv) the organising committee for a Summer or Winter

Olympic Games; or

(v) an Australian Olympic team; or

(vi) a section of an Australian Olympic team; or

(vii) an individual member of an Australian Olympic team;

then:

(d) if the expression is applied in Australia—the application is

use by the first person of the expression for commercial

purposes; or

(e) if:

(i) the expression is applied to goods outside Australia; and

(ii) the goods are imported into Australia for the purpose of

sale or distribution; and

(iii) there is a designated owner of the goods;

the importation is use by the designated owner of the

expression for commercial purposes.

Use for commercial purposes—situation (2)

(3) For the purposes of this Chapter, if:

(a) a person (the first person), other than the AOC or a licensed

user, causes a protected olympic expression 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

the first 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; or

(iv) the organising committee for a Summer or Winter

Olympic Games; or

(v) an Australian Olympic team; or

(vi) a section of an Australian Olympic team; or

ComLaw Authoritative Act C2014C00080

Protected olympic expressions Chapter 3

Introduction Part 3.1

Use for commercial purposes etc. Division 2

Section 31

Olympic Insignia Protection Act 1987 31

(vii) an individual member of an Australian Olympic team;

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 expression for

commercial purposes.

Definition

(4) In this section:

supply includes:

(a) in the case of goods—supply (including re-supply) by way of

sale, exchange, lease, hire or hire-purchase; and

(b) in the case of services—provide, grant or confer.

31 Exemption—statements about past participation of Olympians

For the purposes of this Chapter, if:

(a) a person has been involved in a Summer or Winter Olympic

Games as an Olympian; and

(b) the Games have ended; and

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

ComLaw Authoritative Act C2014C00080

Chapter 3 Protected olympic expressions

Part 3.1 Introduction

Division 2 Use for commercial purposes etc.

Section 32

32 Olympic Insignia Protection Act 1987

(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;

(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.

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

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

ComLaw Authoritative Act C2014C00080

Protected olympic expressions Chapter 3

Introduction Part 3.1

Use for commercial purposes etc. Division 2

Section 33

Olympic Insignia Protection Act 1987 33

(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;

(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.

ComLaw Authoritative Act C2014C00080

Chapter 3 Protected olympic expressions

Part 3.1 Introduction

Division 2 Use for commercial purposes etc.

Section 33

34 Olympic Insignia Protection Act 1987

33 Exemption—statements about sports-related personal services

(1) For the purposes of this Chapter, if:

(a) a person has provided sports-related personal services (the

athlete services) to one or more Olympians in the person’s

capacity as a member of an Olympic team that participated in

a Summer or Winter Olympic Games; and

(b) the Games have ended; and

factual statement about the provision of the athlete services;

and

(d) the subject matter of the statement is limited to the provision

of the athlete services; and

(e) the statement includes a protected olympic expression; and

(f) the statement is applied to sports-related personal services of

the person (the ordinary services) that are the same as, or

similar to, the athlete services; and

(g) the application of the statement is for advertising or

promotional purposes in relation to the ordinary services, or

is likely to enhance the demand for the ordinary services;

the application of the statement is to be disregarded for the

purposes of this Chapter.

(2) In this section:

sports-related personal services means any of the following:

(a) coaching services;

(b) medical or other health services;

(d) psychological or other counselling services;

(e) any similar services designed to maintain or enhance a

person’s sporting performance.

34 Exemption—statements about supply of goods or services to past

teams or Games

For the purposes of this Chapter, if:

ComLaw Authoritative Act C2014C00080

Protected olympic expressions Chapter 3

Introduction Part 3.1

Use for commercial purposes etc. Division 2

Section 35

Olympic Insignia Protection Act 1987 35

(a) a person supplied goods or services (other than services

covered by paragraph 33(1)(a)) to:

(i) an Olympic team that participated in a Summer or

Winter Olympic Games; or

(ii) the organising committee for a Summer or Winter

Olympic Games; and

(b) the Games have ended; and

factual statement about that supply; and

(d) the subject matter of the statement is limited to that supply;

and

(e) the statement identifies the Games in relation to which the

supply was made; and

(f) the statement includes a protected olympic expression; and

(g) the statement is applied to goods or services of the person

(the ordinary goods or services) that are the same as, or

similar to, the goods or services mentioned in paragraph (a);

and

(h) the application of the statement is for advertising or

promotional purposes in relation to the ordinary goods or

services, or is likely to enhance the demand for the ordinary

goods or services;

the application of the statement is to be disregarded for the

purposes of this Chapter.

35 Certain uses not alone sufficient to suggest sponsorship or

sponsorship-like support

(1) To avoid doubt, for the purposes of this Chapter, the use of a

protected olympic expression for the purposes of, or in connection

with, the provision of information or for the purposes of criticism

or review is not alone sufficient to suggest a sponsorship, or the

provision of sponsorship-like support, for the purposes of

paragraph 30(2)(c) or (3)(c).

(2) In subsection (1):

ComLaw Authoritative Act C2014C00080

Chapter 3 Protected olympic expressions

Part 3.1 Introduction

Division 2 Use for commercial purposes etc.

Section 35

36 Olympic Insignia Protection Act 1987

(a) a reference to the provision of information includes a

reference to the reporting of news and the presentation of

current affairs; and

(b) a reference to criticism or review includes a reference to

criticism or review:

(i) in a newspaper, magazine or similar periodical; or

(ii) in a broadcast; or

(iii) on the internet; or

(iv) in a video recording or a film.

ComLaw Authoritative Act C2014C00080

Protected olympic expressions Chapter 3

Protection of protected olympic expressions Part 3.2

Section 36

Olympic Insignia Protection Act 1987 37

Part 3.2—Protection of protected olympic

expressions

36 Regulation of use of protected olympic expressions

(1) A person, other than the AOC, must not use a protected olympic

expression for commercial purposes.

(2) Subsection (1) does not apply to the use by a person of a protected

olympic expression if:

(a) the person is a licensed user; and

(b) the protected olympic expression is an expression that the

person is licensed to use; and

licence.

37 Persons involved in contraventions of section 36

For the purposes of this Chapter, a person is taken to have

contravened section 36 if the person:

(a) has attempted to contravene section 36; or

(b) has aided, abetted, counselled or procured a person to

contravene section 36; or

threats or promises or otherwise, to contravene section 36; or

(d) has been in any way, directly or indirectly, knowingly

concerned in, or party to, the contravention by a person of

section 36; or

(e) has conspired with others to contravene section 36.

ComLaw Authoritative Act C2014C00080

Chapter 3 Protected olympic expressions

Part 3.3 Licensing

Section 38

38 Olympic Insignia Protection Act 1987

Part 3.3—Licensing

38 Licensing by the AOC

(1) For the purposes of this Chapter, the AOC may license a person to

use all, or any one or more, of the protected olympic expressions

mentioned in subsection 24(1) for commercial purposes:

(a) in all circumstances or in specified circumstances; or

(b) during a specified period or without any limitation as to time.

(2) This section is not intended to affect the capacity of the AOC to

determine the terms and conditions on which a person is licensed,

including terms and conditions relating to the payment of money.

39 Limitation on licence

A licence does not authorise the use of a protected olympic

expression for commercial purposes if the use is covered by

subsection 30(3).

40 AOC to maintain Register of licences

(1) The AOC is to maintain a Register in which the AOC includes

prescribed particulars of licences.

(2) The Register may be maintained by electronic means.

(3) The Register is to be made available for inspection on the internet.

ComLaw Authoritative Act C2014C00080

Protected olympic expressions Chapter 3

Enforcement Part 3.4

Remedies Division 1

Section 41

Olympic Insignia Protection Act 1987 39

Part 3.4—Enforcement

Division 1—Remedies

41 Injunctions

(1) If a person has engaged, is engaging, or is proposing to engage, in

conduct in contravention of section 36, a prescribed court may

grant an injunction:

(a) restraining the person from engaging in the conduct; and

(b) if, in the court’s opinion, it is desirable to do so—requiring

the person to do something.

(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 the AOC or a licensed user.

(4) An injunction granted under this section on the application of a

person who is a licensed user may only relate to:

(a) a protected olympic expression to which the person’s licence

relates; or

(b) an expression so closely resembling the protected olympic

expression to which the person’s licence relates as is likely to

be mistaken, by a reasonable person, for that expression.

(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 instead of, any other powers of the court, whether

conferred by this Chapter or otherwise.

ComLaw Authoritative Act C2014C00080

Chapter 3 Protected olympic expressions

Part 3.4 Enforcement

Division 1 Remedies

Section 42

40 Olympic Insignia Protection Act 1987

42 Interim injunctions

(1) A prescribed court may grant an interim injunction pending the

determination of an application under section 41.

(2) For the purposes of subsection (1) of this section, a contravention

of section 36 is taken to have caused immediate and irreparable

damage to the applicant.

43 Corrective advertisements

(1) If, on the application of the AOC, a prescribed court is satisfied

that a person has engaged in conduct constituting a contravention

of section 36, the court may make an order requiring the person:

(a) by such means (including a broadcast or internet publication)

as the court thinks fit; and

(b) at the person’s own expense; and

to publish advertisements the terms of which are specified in, or

are to be determined in accordance with, the order.

(2) Subsection (1) does not limit section 41.

(3) A court may make an order under subsection (1) whether or not

relief is granted under section 41.

44 Damages

(1) If the AOC or a licensed user suffers loss or damage as a result of

anything done by a person in contravention of section 36, the

amount of the loss or damage may be recovered by action in a

prescribed court.

(2) The action must be brought within 3 years after the day on which

the contravention occurred.

(3) The grant of an injunction under section 41 does not prevent the

recovery of loss or damages under this section.

(4) The AOC or a licensed user is not entitled to both:

(a) the recovery of loss or damages under this section; and

ComLaw Authoritative Act C2014C00080

Protected olympic expressions Chapter 3

Enforcement Part 3.4

Remedies Division 1

Section 45

Olympic Insignia Protection Act 1987 41

(b) an account of profits under section 45;

in respect of the same contravention of section 36.

45 Account of profits

(1) If, on the application of the AOC or a licensed user, a prescribed

court is satisfied that a person has engaged in conduct in

contravention of section 36, the court may make an order granting

relief by way of an account of profits.

(2) The application must be made within 3 years after the day on

which the contravention occurred.

(3) An order made under this section on the application of a person

who is a licensed user may only relate to:

(a) a protected olympic expression to which the person’s licence

relates; or

(b) an expression so closely resembling the protected olympic

expression to which the person’s licence relates as is likely to

be mistaken, by a reasonable person, for that expression.

(4) A court may make an order under this section whether or not an

injunction is granted under section 41.

(5) The AOC or a licensed user is not entitled to both:

(a) an account of profits under this section; and

(b) the recovery of loss or damages under section 44;

in respect of the same contravention of section 36.

46 Destruction or delivery of goods

(1) If, on the application of the AOC or a licensed user, a prescribed

court is satisfied that a person has engaged in conduct constituting

a contravention of section 36 in relation to goods, the court may

order that the goods be:

(a) destroyed; or

(b) delivered up to the AOC or to the licensed user, as the case

may be; or

ComLaw Authoritative Act C2014C00080

Chapter 3 Protected olympic expressions

Part 3.4 Enforcement

Division 1 Remedies

Section 47

42 Olympic Insignia Protection Act 1987

(2) An order made under this section on the application of a person

who is a licensed user may only relate to:

(a) a protected olympic expression to which the person’s licence

relates; or

(b) an expression so closely resembling the protected olympic

expression to which the person’s licence relates as is likely to

be mistaken, by a reasonable person, for that expression.

(3) A court may make an order under this section whether or not an

injunction is granted under section 41.

47 Consent of the AOC to institute remedial proceedings

(1) A licensed user must not:

(a) make an application for an injunction (other than an interim

injunction) under section 41; or

(b) bring an action for damages under section 44; or

(d) make an application for an order under section 46;

except with the written consent of the AOC.

(2) If:

(a) a licensed user gives the AOC a written request for consent

under subsection (1); and

(b) the AOC neither gives nor refuses that consent before the end

of the period of 8 days beginning on the day on which the

request was given;

the AOC is taken to have given the consent.

(3) Consent under subsection (1) must not be unreasonably refused.

48 Other remedies

(1) The remedies provided under this Division are in addition to

remedies provided by any law (whether a law of the

Commonwealth or a law of a State or Territory) that confers any

rights or powers on the AOC or a licensed user in relation to

conduct of a kind that constitutes a contravention of section 36.

ComLaw Authoritative Act C2014C00080

Protected olympic expressions Chapter 3

Enforcement Part 3.4

Remedies Division 1

Section 48

Olympic Insignia Protection Act 1987 43

(2) The remedies provided under this Division are in addition to the

remedies provided by the Australian Consumer Law in relation to

engaging in conduct that is misleading or deceptive (see section 18

of the Australian Consumer Law) and, in particular, in relation to

representations:

(a) that goods or services have sponsorship or approval that they

do not have (see paragraph 29(1)(g) of the Australian

Consumer Law); or

(b) that a corporation (as defined in that Act) has a sponsorship,

approval or affiliation that it does not have (see

paragraph 29(1)(h) of the Australian Consumer Law).

(3) Subsection (2) does not limit subsection (1).

(4) The references in subsection (2) to particular provisions of the

Australian Consumer Law do not imply that other provisions of the

Australian Consumer Law do not apply in relation to conduct of a

kind that constitutes a contravention of section 36 of this Act.

ComLaw Authoritative Act C2014C00080

Chapter 3 Protected olympic expressions

Part 3.4 Enforcement

Division 2 Importation of goods

Section 49

44 Olympic Insignia Protection Act 1987

Division 2—Importation of goods

49 Definitions

In this Division, unless the contrary intention appears:

application period, in relation to seized goods, means:

(a) if there is only one objector to the importation of the goods—

the period specified in the notice given to the objector under

section 55 or, if that period is extended under

subsection 55(5), that period as so extended; or

(b) if there is more than one objector to the importation of the

goods—the period beginning on the earliest day on which a

period specified in a notice given to an objector under

section 55 commences and ending:

(i) on the last day on which a period specified in such a

notice ends; or

(ii) on the last day on which such a period as extended

under subsection 55(5) ends;

whichever is the later.

CEO means the Chief Executive Officer of Customs.

objector, in relation to seized goods, means the person by whom a

notice in force under section 52 in relation to the goods was given.

officer of Customs has the meaning given by subsection 4(1) of the

Customs Act 1901.

seized goods means goods seized under section 54.

working day means a day that is not:

(a) a Saturday; or

(b) a Sunday; or

ComLaw Authoritative Act C2014C00080

Protected olympic expressions Chapter 3

Enforcement Part 3.4

Importation of goods Division 2

Section 50

Olympic Insignia Protection Act 1987 45

50 Determinations about owners of goods

The CEO or an officer of Customs may determine that a person is

the owner of goods for the purposes of paragraph (b) of the

definition of designated owner in section 23 if the person is an

owner (within the meaning of subsection 4(1) of the Customs Act

1901) of the goods.

51 Importation of goods by the AOC

The AOC may import goods to which a protected olympic

expression has been applied, so long as the importation does not

contravene a law of the Commonwealth other than this Chapter.

52 Notice of objection to importation

(1) Subject to this section, the AOC or a licensed user may give the

CEO a written notice objecting to the importation, after the day on

which the notice is given, of goods that have applied to them a

protected olympic expression that the designated owner of the

goods is not authorised by, or licensed under, this Chapter to use

for commercial purposes in relation to the goods.

(2) A notice:

(a) is to be given together with any prescribed document; and

(b) is to be accompanied by the prescribed fee (if any).

(3) A licensed user may only give a notice in relation to a protected

olympic expression that the person is licensed to use.

(4) A notice given by the AOC or a licensed user may be revoked at

any time by written notice given to the CEO by the person who

gave the original notice.

(5) Unless sooner revoked, a notice ceases to have effect at the end of

the prescribed period. This subsection has effect subject to

subsection (6).

(6) If:

(a) a notice given by a licensed user is not revoked under

subsection (4); and

ComLaw Authoritative Act C2014C00080

Chapter 3 Protected olympic expressions

Part 3.4 Enforcement

Division 2 Importation of goods

Section 53

46 Olympic Insignia Protection Act 1987

(b) the licence expires or is revoked;

the notice ceases to have effect on the day on which the licence

ceases to be in force.

(7) A reference in this section to the use of protected olympic

expressions for commercial purposes does not include a reference

to use covered by subsection 30(3).

53 Consent of the AOC to giving of notices

(1) A licensed user must not give a notice of objection to importation

under section 52 except with the written consent of the AOC.

(2) If:

(a) a licensed user gives the AOC a written request for consent

under subsection (1); and

(b) the AOC neither gives nor refuses that consent before the end

of the period of 8 days beginning on the day on which the

request was given;

the AOC is taken to have given the consent.

(3) Consent under subsection (1) must not be unreasonably refused.

54 CEO may seize goods

(1) This section applies to goods manufactured outside Australia that:

(a) are imported into Australia; and

(b) are subject to the control of the Customs within the meaning

of the Customs Act 1901.

(2) If:

(a) goods have had applied to them one or more protected

olympic expressions; and

(b) a notice in force under section 52 relates to the goods; and

authorised by, or licensed under, this Chapter, to use the

expressions for commercial purposes in relation to the goods;

the CEO must seize the goods unless the CEO has no reasonable

grounds for believing that section 36 would be contravened by the

ComLaw Authoritative Act C2014C00080

Protected olympic expressions Chapter 3

Enforcement Part 3.4

Importation of goods Division 2

Section 55

Olympic Insignia Protection Act 1987 47

use of the expressions by the designated owner for commercial

purposes.

(3) The CEO may refuse to seize the goods unless the CEO has been

given by the objector, or by one or more of the objectors, security

in an amount that the CEO considers sufficient to reimburse the

Commonwealth for the reasonable expenses that may be incurred

by the Commonwealth if the goods were seized.

(4) Goods seized under this section must be kept in a secure place as

directed by the CEO.

(5) A reference in this section to the use of protected olympic

expressions for commercial purposes does not include a reference

to use covered by subsection 30(3).

55 Notice of seizure

(1) As soon as practicable after goods are seized under section 54, the

CEO must give the designated owner and each objector, either

personally or by post, a written notice identifying the goods and

stating that they have been seized under section 54.

(2) A notice under subsection (1) that is given to each objector must

also:

(a) specify:

(i) the full name and address of the designated owner of the

goods; and

(ii) any information that the CEO has and that the CEO

believes, on reasonable grounds, to be likely to help the

objector, or objectors, to identify the designated owner;

and

(b) state that the goods will be released to the designated owner

unless:

(i) an application for an injunction under section 41 in

relation to the goods is made by the objector, or by one

of the objectors, within the period of 10 working days

beginning on a specified day; and

(ii) written notice of the making of the application is given

to the CEO within that period.

ComLaw Authoritative Act C2014C00080

Chapter 3 Protected olympic expressions

Part 3.4 Enforcement

Division 2 Importation of goods

Section 56

48 Olympic Insignia Protection Act 1987

(3) The day specified for the purpose of subparagraph (2)(b)(i) must

not be earlier than the day on which the notice is given.

(4) An objector may, by written notice given to the CEO before the

end of the period specified in a notice for the purposes of

subparagraph (2)(b)(i), request that the period be extended.

(5) If:

(a) a request is made in accordance with subsection (4); and

(b) the CEO is satisfied that it is reasonable that the request be

granted;

the CEO may extend the period by not more than 10 working days.

56 Forfeiture of goods—by consent

(1) The designated owner of any seized goods may, at any time before

an objector makes an application for an injunction under section 41

in relation to the goods, consent to the goods being forfeited to the

Commonwealth by giving a written notice to that effect to the

CEO.

(2) If the designated owner gives such a notice, the goods are forfeited

to the Commonwealth and must be disposed of as the CEO directs.

57 Release of goods—no application for injunction

(1) The CEO must release seized goods (other than goods forfeited to

the Commonwealth under section 56) to their designated owner at

the end of the application period unless, within that period, the

objector, or one of the objectors, has:

(a) made an application for an injunction under section 41 in

relation to the goods; and

(b) given to the CEO written notice of the application.

(2) The CEO must also release the seized goods to their designated

owner if, before the end of the application period, the objector, or

each of the objectors, has, by written notice given to the CEO,

consented to the release of the goods.

ComLaw Authoritative Act C2014C00080

Protected olympic expressions Chapter 3

Enforcement Part 3.4

Importation of goods Division 2

Section 58

Olympic Insignia Protection Act 1987 49

(3) The CEO may release the seized goods to their designated owner at

any time before the end of the application period if:

(a) the CEO, having regard to information that has come to his

or her knowledge after the goods were seized, does not have

reasonable grounds for believing that section 36 would be

contravened by the importation of the goods; and

(b) the objector has not, or none of the objectors has, made an

application for an injunction under section 41 in relation to

the goods.

Note: In obtaining information for the purposes of this section, the CEO

must comply with Australian Privacy Principles 3 and 5.

58 Application for injunction—additional parties, relief etc.

(1) In this section, a reference to an application for an injunction under

section 41 is a reference to such an application made, in relation to

seized goods, by a person who is an objector in relation to the

goods.

(2) A prescribed court in which an application for an injunction under

section 41 is pending:

(a) may, on the application of a person having a sufficient

interest in the subject matter of the application, allow the

person to be joined as a respondent to the application; and

(b) must allow the CEO to appear and be heard.

(3) In addition to any relief that the court may grant apart from this

section, the court may:

(a) at any time, if it thinks it just, order that the seized goods be

released to their designated owner subject to such conditions

(if any) as the court thinks fit; or

(b) order that the seized goods be forfeited to the

Commonwealth.

(4) If:

(a) the court decides that an injunction should not be granted

under section 41; and

ComLaw Authoritative Act C2014C00080

Chapter 3 Protected olympic expressions

Part 3.4 Enforcement

Division 2 Importation of goods

Section 59

50 Olympic Insignia Protection Act 1987

(b) the designated owner of the goods, or any other respondent,

satisfies the court that he or she has suffered loss or damage

because the goods were seized;

the court may order the objector to pay to the designated owner or

other respondent compensation, in the amount determined by the

court, for any part of that loss or damage that is attributable to any

period beginning on or after the day on which the application under

section 41 was made.

(5) If, at the end of 20 working days beginning on the day on which

the application for an injunction under section 41 was made, there

is not in force an order of the court directed at the CEO preventing

the goods from being released, the CEO must release the goods to

their designated owner.

(6) If the court orders that the goods be released, the CEO must,

subject to section 60, comply with the order.

59 Disposal of goods ordered to be forfeited

If the court orders under section 58 that goods be forfeited to the

Commonwealth, the goods are to be disposed of as the CEO

directs.

60 Power of CEO to retain control of goods

Despite anything in this Part, the CEO must not:

(a) release, or dispose of, any seized goods; or

(b) take any action in relation to the goods to give effect to any

order of a court under section 58;

if the CEO is required or allowed to retain control of the goods

under any other law of the Commonwealth.

61 Insufficient security

If security given under subsection 54(3) by the objector or

objectors who gave notice under section 52 is not sufficient to meet

the expenses incurred by the Commonwealth as a result of the

action taken by the CEO under this Division because of the notice,

ComLaw Authoritative Act C2014C00080

Protected olympic expressions Chapter 3

Enforcement Part 3.4

Importation of goods Division 2

Section 62

Olympic Insignia Protection Act 1987 51

the amount of the difference between those expenses and the

amount of security:

(a) is a debt due by the objector, or by the objectors jointly and

severally, to the Commonwealth; and

(b) may be recovered by action in any court of competent

jurisdiction.

62 Commonwealth not liable for loss etc. suffered because of seizure

The Commonwealth is not liable for any loss or damage suffered

by a person:

(a) because the CEO seized, or failed to seize, goods under this

Division; or

(b) because of the release of any seized goods.

63 Modification in relation to Christmas Island etc.

The regulations may provide for the modification or adaptation of

this Division in its application to:

(a) Christmas Island; or

(b) Cocos (Keeling) Islands; or

ComLaw Authoritative Act C2014C00080

Chapter 3 Protected olympic expressions

Part 3.4 Enforcement

Division 3 Groundless threats

Section 64

52 Olympic Insignia Protection Act 1987

Division 3—Groundless threats

64 Groundless threats of legal proceedings

(1) If the AOC or a licensed user threatens to make an application, or

bring an action, against a person (the threatened person) on the

ground that the threatened person has engaged, is engaging, or is

proposing to engage in conduct in contravention of section 36, any

person aggrieved by the threat may bring an action in a prescribed

court against the AOC or the licensed user, as the case may be.

(2) In an action under subsection (1), the court may:

(a) make a declaration that the AOC or the licensed user had no

grounds for making the threat; and

(b) grant an injunction restraining the AOC or the licensed user

from continuing to make the threat.

The court may also award damages for loss that the person

aggrieved has suffered as a result of the making of the threat.

(3) An action may not be brought under this section if the person who

made the threat has made an application, or brought an action,

under Division 1 against the threatened person in relation to the

act, or proposed act, to which the threat related.

(4) An action under this section may not be continued if the person

who made the threat makes an application, or brings an action,

under Division 1 against the threatened person in relation to the

act, or proposed act, to which the threat related.

(5) It is a defence to an action under subsection (1) that the conduct of

the threatened person, in relation to which the threat was made,

constitutes a contravention of section 36.

65 Counterclaim in action on groundless threats

(1) If the AOC or a licensed user would be entitled to make an

application, or bring an action, against a person for a contravention

of section 36, the AOC, or the licensed user may, in an action

ComLaw Authoritative Act C2014C00080

Protected olympic expressions Chapter 3

Enforcement Part 3.4

Groundless threats Division 3

Section 65

Olympic Insignia Protection Act 1987 53

under section 64, make a counterclaim for any relief to which the

AOC or the licensed user would be entitled under Division 1.

(2) The provisions of Divisions 1 and 2 apply as if a counterclaim

were an application or action made or brought by the AOC or a

licensed user under Division 1.

ComLaw Authoritative Act C2014C00080

Chapter 3 Protected olympic expressions

Part 3.5 Jurisdiction of prescribed courts etc.

Section 66

54 Olympic Insignia Protection Act 1987

Part 3.5—Jurisdiction of prescribed courts etc.

66 Prescribed courts

Each of the following courts is a prescribed court for the purposes

of this Chapter:

(a) the Federal Court;

(b) the Supreme Court of a State;

(d) the Supreme Court of the Northern Territory;

(e) the Supreme Court of Norfolk Island.

67 Jurisdiction of Federal Court

The Federal Court has jurisdiction in relation to all matters arising

under this Chapter.

68 Jurisdiction of other prescribed courts

(1) Each prescribed court (other than the Federal Court) has federal

jurisdiction in relation to all matters arising under this Chapter.

(2) The jurisdiction conferred by subsection (1) on the Supreme Court

of a Territory is conferred to the extent that the Constitution

permits.

69 Transfer of proceedings

(1) A prescribed court in which an application has been made, or an

action brought, under this Chapter may, on the application of a

party made at any stage, by order, transfer the application or action

to another prescribed court having jurisdiction to hear and

determine the application or action.

(2) When a court transfers an application or action to another court:

ComLaw Authoritative Act C2014C00080

Protected olympic expressions Chapter 3

Jurisdiction of prescribed courts etc. Part 3.5

Section 69

Olympic Insignia Protection Act 1987 55

(a) all relevant documents of record filed in the transferring court

must be sent to the other court by the Registrar or other

appropriate officer of the transferring court; and

(b) the application or action continues in the other court as if:

(i) it had been started there; and

(ii) all steps taken in the transferring court had been taken in

the other court.

ComLaw Authoritative Act C2014C00080

Chapter 3 Protected olympic expressions

Part 3.6 Miscellaneous

Section 70

56 Olympic Insignia Protection Act 1987

Part 3.6—Miscellaneous

70 Concurrent operation of State and Territory laws

It is the intention of the Parliament that this Chapter is not to apply

to the exclusion of a law of a State or Territory to the extent that

the law is capable of operating concurrently with this Chapter.

71 Preservation of existing rights

Trade marks and designs

(1) This Chapter, so far as it applies in relation to a protected olympic

expression, does not affect rights conferred by law on a person in

relation to:

(a) a trade mark that is registered under the Trade Marks Act

1995; or

(b) a design that is registered under the Designs Act 1906;

and was so registered immediately before 20 September 2001 in

relation to the expression.

(2) For the purposes of subsection (1), a trade mark is taken to have

been registered under the Trade Marks Act 1995 on the date of

registration (within the meaning of that Act) of the trade mark.

(3) For the purposes of subsection (1), a design is taken to have been

registered under the Designs Act 1906 at the time when the

registration of the design came into force as mentioned in

subsection 27A(1) of that Act.

Passing off

(4) This Chapter, so far as it applies to a protected olympic expression,

does not affect the use of the expression by a person (the first

person) if, immediately before 20 September 2001, the first person

would have been entitled to prevent another person from passing

off, by means of the use of the expression or a similar expression,

goods or services as the goods or services of the first person.

ComLaw Authoritative Act C2014C00080

Protected olympic expressions Chapter 3

Miscellaneous Part 3.6

Section 72

Olympic Insignia Protection Act 1987 57

(5) This Chapter does not apply to the use of a business name in

connection with a business if:

(a) the name was registered under a law of a State or Territory

relating to business names immediately before 20 September

2001 in relation to the business; and

(b) the name is registered in relation to the business under a law

of the Commonwealth or a State or Territory relating to

business names.

Company names

(6) This Chapter does not apply in relation to the use of the name of an

incorporated company if:

(a) the company was in existence immediately before

20 September 2001; and

(b) the company uses the name in connection with a business

carried on by the company; and

immediately before 20 September 2001.

72 Acquisition of property

(1) This Chapter has no effect to the extent (if any) to which:

(a) the operation of this Chapter would result in the acquisition

of property from a person otherwise than on just terms; and

(b) the acquisition would be invalid because of

paragraph 51(xxxi) of the Constitution.

(2) In this section:

acquisition of property has the same meaning as in

paragraph 51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the

Constitution.

ComLaw Authoritative Act C2014C00080

Chapter 3 Protected olympic expressions

Part 3.6 Miscellaneous

Section 73

58 Olympic Insignia Protection Act 1987

73 Implied freedom of political communication

This Chapter does not apply to the extent (if any) that it would

infringe any doctrine of implied freedom of political

communication.

74 Chapter has effect in addition to contracts

This Chapter has effect in addition to any contract:

(a) that relates to the use of a protected Olympic expression for

commercial purposes; and

(b) to which any of the following is a party:

(i) the IOC;

(ii) the AOC;

(iii) the organising committee for a Summer or Winter

Olympic Games.

75 Validation of certain licences

(1) This section applies if, before the commencement of this section,

the AOC purported to grant a licence for a particular period ending

after that commencement authorising a person to use all, or any

one or more, of the protected Olympic expressions for commercial

purposes.

(2) This Chapter has effect as if the licence had been granted under

section 38 for the part of that period that began after the

commencement of this section.

ComLaw Authoritative Act C2014C00080

Regulations Chapter 4

Regulations Part 4.1

Section 76

Olympic Insignia Protection Act 1987 59

Chapter 4—Regulations

Part 4.1—Regulations

76 Regulations

The Governor-General may make regulations, not inconsistent with

this Act, prescribing matters:

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or

giving effect to this Act.

ComLaw Authoritative Act C2014C00080

Schedule Outline of the olympic symbol

60 Olympic Insignia Protection Act 1987

Schedule—Outline of the olympic symbol

Subsection 2(1)

ComLaw Authoritative Act C2014C00080

Endnotes

Endnote 1—About the endnotes

Olympic Insignia Protection Act 1987 61

Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this legislation and its provisions.

The following endnotes are included in each compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

If there is no information under a particular endnote, the word ―none‖ will

appear in square brackets after the endnote heading.

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in

the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that

has amended the compiled law. The information includes commencement

information for amending laws and details of application, saving or transitional

provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at

the provision level. It also includes information about any provisions that have

expired or otherwise ceased to have effect in accordance with a provision of the

compiled law.

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the

compiled law but the text of the amendments is included in endnote 5.

ComLaw Authoritative Act C2014C00080

Endnotes

Endnote 1—About the endnotes

62 Olympic Insignia Protection Act 1987

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the

modification are included in endnote 6.

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment

cannot be incorporated into the text of the compilation. Any misdescribed

amendment is included in endnote 7.

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader

of the compilation.

ComLaw Authoritative Act C2014C00080

Endnotes

Endnote 2—Abbreviation key

Olympic Insignia Protection Act 1987 63

Endnote 2—Abbreviation key

ad = added or inserted pres = present

am = amended prev = previous

c = clause(s) (prev) = previously

Ch = Chapter(s) Pt = Part(s)

def = definition(s) r = regulation(s)/rule(s)

Dict = Dictionary Reg = Regulation/Regulations

disallowed = disallowed by Parliament reloc = relocated

Div = Division(s) renum = renumbered

exp = expired or ceased to have effect rep = repealed

hdg = heading(s) rs = repealed and substituted

LI = Legislative Instrument s = section(s)

LIA = Legislative Instruments Act 2003 Sch = Schedule(s)

mod = modified/modification Sdiv = Subdivision(s)

No = Number(s) SLI = Select Legislative Instrument

o = order(s) SR = Statutory Rules

Ord = Ordinance Sub-Ch = Sub-Chapter(s)

orig = original SubPt = Subpart(s)

par = paragraph(s)/subparagraph(s)

/sub-subparagraph(s)

ComLaw Authoritative Act C2014C00080

Endnotes

Endnote 3—Legislation history

64 Olympic Insignia Protection Act 1987

Endnote 3—Legislation history

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Olympic Insignia

Protection Act 1987

27, 1987 26 May

1987

23 June 1987

Olympic Insignia

Protection Amendment

Act 1994

44, 1994 15 Mar

1994

15 Mar 1994 —

Olympic Insignia

Protection Amendment

Act 2001

156, 2001 1 Oct 2001 29 Oct 2001 —

Australian Sports

Anti-Doping Authority

(Consequential and

Transitional Provisions)

Act 2006

7, 2006 7 Mar 2006 Schedule 1 (item 9):

13 Mar 2006 (see s. 2(1)

and F2006L00764)

—

Intellectual Property

Laws Amendment Act

2006

106, 2006 27 Sept

2006

Schedule 12 (item 3):

27 Mar 2007

—

Statute Law Revision

Act 2010

8, 2010 1 Mar 2010 Schedule 5 (item 76):

Royal Assent

Schedule 5

(item 137(a)): (a)

—

Trade Practices

Amendment (Australian

Consumer Law) Act

(No. 2) 2010

103, 2010 13 July

2010

Schedule 6 (items 176–

188): 1 Jan 2011

—

Acts Interpretation

Amendment Act 2011

46, 2011 27 June

2011

Schedule 2 (item 893)

and Schedule 3

(items 10, 11): 27 Dec

2011

Sch. 3 (items 10,

11)

ComLaw Authoritative Act C2014C00080

Endnotes

Endnote 3—Legislation history

Olympic Insignia Protection Act 1987 65

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Business Names

Registration

(Transitional and

Consequential

Provisions) Act 2011

127, 2011 3 Nov 2011 Schedule 2 (item 24):

20 Apr 2012 (see s. 2(1))

—

Privacy Amendment

(Enhancing Privacy

Protection) Act 2012

197, 2012 12 Dec

2012

Sch 5 (item 67): 12 Mar

2014

—

(a) Subsection 2(1) (items 31 and 38) of the Statute Law Revision Act 2010

provides as follows:

(1) Each provision of this Act specified in column 1 of the table commences,

or is taken to have commenced, in accordance with column 2 of the table.

Any other statement in column 2 has effect according to its terms.

Commencement information

Column 1 Column 2 Column 3

Provision(s) Commencement Date/Details

31. Schedule 5,

items 1 to 51

The day this Act receives the Royal Assent. 1 March 2010

38. Schedule 5,

Parts 2 and 3

Immediately after the provision(s) covered by table

item 31.

1 March 2010

ComLaw Authoritative Act C2014C00080

Endnotes

Endnote 4—Amendment history

66 Olympic Insignia Protection Act 1987

Endnote 4—Amendment history

Provision affected How affected

Title ...............................................am. No. 156, 2001

Chapter 1

Heading to Chapt. 1.......................ad. No. 156, 2001

Part 1.1

Heading to Part I............................rep. No. 156, 2001

Heading to Part 1.1 ........................

of Chapt. 1

ad. No. 156, 2001

s. 1A ..............................................ad. No. 156, 2001

Chapter 2

Heading to Chapt. 2.......................ad. No. 156, 2001

Part 2.1

Heading to Part 2.1 ........................

of Chapt. 2

ad. No. 156, 2001

s. 2 .................................................am. No. 44, 1994; No. 156, 2001; No. 103, 2010

s. 2A ..............................................ad. No. 44, 1994; No. 156, 2001

ss. 3, 4............................................am. No. 156, 2001

Part 2.2

Heading to Part II ..........................rep. No. 156, 2001

Heading to Part 2.2 ........................

of Chapt. 2

ad. No. 156, 2001

s. 5 .................................................am. No. 44, 1994; No. 156, 2001

Part 2.3

Heading to Part III .........................rep. No. 156, 2001

Heading to Part 2.3 ........................

of Chapt. 2

ad. No. 156, 2001

s. 6 .................................................rs. No. 44, 1994

am. No. 156, 2001

ss. 7, 8............................................am. No. 44, 1994; No. 156, 2001

Heading to s. 9A............................am. No. 103, 2010

s. 9A ..............................................ad. No. 44, 1994

ComLaw Authoritative Act C2014C00080

Endnotes

Endnote 4—Amendment history

Olympic Insignia Protection Act 1987 67

Provision affected How affected

am. No. 156, 2001; No. 103, 2010

s. 10 ...............................................rs. No. 44, 1994

am. No. 156, 2001

s. 11 ...............................................am. No. 44, 1994; No. 156, 2001

s. 11A ............................................ad. No. 44, 1994

am. No. 156, 2001

s. 12 ...............................................am. No. 44, 1994

s. 14A ............................................ad. No. 106, 2006

Part 2.4

Heading to Part IV.........................rep. No. 156, 2001

Heading to Part 2.4 ........................

of Chapt. 2

ad. No. 156, 2001

ss. 15, 16........................................am. No. 44, 1994; No. 156, 2001

s. 17 ...............................................am. No. 44, 1994

s. 18A ............................................ad. No. 156, 2001

am. No. 8, 2010

Heading to s. 19.............................am. No. 156, 2001

s. 19 ...............................................am. No. 44, 1994; No. 156, 2001

s. 20 ...............................................am. No. 44, 1994; No. 156, 2001

s. 21 ...............................................am. No. 156, 2001

Chapter 3

Chapt. 3 .........................................ad. No. 156, 2001

Part 3.1

Division 1

s. 22 ...............................................ad. No. 156, 2001

s. 23 ...............................................ad. No. 156, 2001

am. No. 7, 2006; No. 8, 2010; No. 46, 2011

ss. 24–27........................................ad. No. 156, 2001

Division 2

ss. 28–34........................................ad. No. 156, 2001

s. 35 ...............................................ad. No. 156, 2001

am. No. 8, 2010

ComLaw Authoritative Act C2014C00080

Endnotes

Endnote 4—Amendment history

68 Olympic Insignia Protection Act 1987

Provision affected How affected

Part 3.2

ss. 36, 37........................................ad. No. 156, 2001

Part 3.3

ss. 38, 39........................................ad. No. 156, 2001

s. 40 ...............................................ad. No. 156, 2001

am. No. 8, 2010

Part 3.4

Division 1

ss. 41, 42........................................ad. No. 156, 2001

s. 43 ...............................................ad. No. 156, 2001

am. No. 8, 2010

ss. 44–47........................................ad. No. 156, 2001

s. 48 ...............................................ad. No. 156, 2001

am. No. 103, 2010

Division 2

s. 49 ...............................................ad. No. 156, 2001

s. 50 ...............................................ad. No. 156, 2001

s. 51 ...............................................ad. No. 156, 2001

s. 52 ...............................................ad. No. 156, 2001

s. 53 ...............................................ad. No. 156, 2001

s. 54 ...............................................ad. No. 156, 2001

s. 55 ...............................................ad. No. 156, 2001

s. 56 ...............................................ad. No. 156, 2001

s. 57 ...............................................ad. No. 156, 2001

Note to s. 57(3)..............................am No 197, 2012

s. 58 ...............................................ad. No. 156, 2001

s. 59 ...............................................ad. No. 156, 2001

s. 60 ...............................................ad. No. 156, 2001

s. 61 ...............................................ad. No. 156, 2001

s. 62 ...............................................ad. No. 156, 2001

s. 63 ...............................................ad. No. 156, 2001

Division 3

ComLaw Authoritative Act C2014C00080

Endnotes

Endnote 4—Amendment history

Olympic Insignia Protection Act 1987 69

Provision affected How affected

ss. 64, 65........................................ad. No. 156, 2001

Part 3.5

ss. 66–69........................................ad. No. 156, 2001

Part 3.6

s. 70 ...............................................ad. No. 156, 2001

s. 71 ...............................................ad. No. 156, 2001

am. No. 127, 2011

ss. 72–75........................................ad. No. 156, 2001

Chapter 4

Heading to Chapt. 4.......................ad. No. 156, 2001

Part 4.1

Heading to Part 4.1 of ...................

Chapt. 4

ad. No. 156, 2001

s. 22

Renumbered s. 76 .........................No. 156, 2001

ComLaw Authoritative Act C2014C00080

Endnotes

Endnote 5—Uncommenced amendments [none]

70 Olympic Insignia Protection Act 1987

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

ComLaw Authoritative Act C2014C00080

Endnotes

Endnote 8—Miscellaneous

Olympic Insignia Protection Act 1987 71

Endnote 8—Miscellaneous

For application provision made by Schedule 1 (item 6) of the Business Names

Registration (Application of Consequential Amendments) Act 2011, see Act

No. 172, 2011.

ComLaw Authoritative Act C2014C00080

Ley de Protección de las Insignias Olímpicas de 1987 (versión consolidada de 12 de marzo de 2014), Australia

Documentos disponibles