Major Sporting Events (Indicia and Images) Protection Amendment Act 2019

Overview

The Major Sporting Events (Indicia and Images) Protection Amendment Act 2019 was enacted by the Parliament of Australia to amend the Major Sporting Events (Indicia and Images) Protection Act 2014, particularly concerning the protection of indicia and images associated with the ICC T20 World Cup 2020. This Act aims to ensure the protection of the event's intellectual property rights by specifying the indicia and images that are subject to protection, the duration of such protection, and the entities responsible for enforcing these protections. The policy objective of the Act is to safeguard the integrity and commercial value of major sporting events by preventing the unauthorised use of their protected indicia and images. The Act came into effect on 6 April 2019, the day after receiving Royal Assent. The Major Sporting Events (Indicia and Images) Protection Amendment Act 2019 specifically addresses the need to update the existing legislation to include the ICC T20 World Cup 2020 as a major sporting event under the Act's purview. By amending the original Act, it introduces new provisions that detail the protected indicia and images related to the ICC T20 World Cup 2020, the authorised bodies responsible for enforcement, and the timeframe for the protection of these indicia and images. This amendment ensures that the legislative framework is up-to-date and adequately protects the interests of the event bodies involved in organising the ICC T20 World Cup 2020.

Scope and Application

The Major Sporting Events (Indicia and Images) Protection Amendment Act 2019 amends the Major Sporting Events (Indicia and Images) Protection Act 2014, extending its application to include the ICC T20 World Cup 2020, which encompasses both the ICC Women’s T20 World Cup 2020 and the ICC Men’s T20 World Cup 2020. This Act applies to the entities and persons who are associated with the event, including the ICC Business Corporation FZ-LLC, International Cricket Council Limited, T20 World Cup 2020 Ltd, and Cricket Australia. It seeks to protect the indicia and images associated with the event by prohibiting their use without proper authorisation, thereby safeguarding the integrity and commercial value of the event. The Act operates on a national level across Australia and will be enforced by relevant authorities. The Act provides for the seizure of imported goods that contravene these protections and outlines remedies for such contraventions. The application of the Act is further refined and potentially expanded through subordinate instruments, which may detail specific rules and exceptions.

Key Provisions

The Major Sporting Events (Indicia and Images) Protection Amendment Act 2019 (the "Act") amends the Major Sporting Events (Indicia and Images) Protection Act 2014 by introducing specific protections for the ICC T20 World Cup 2020. Section 1 of the Act replaces the original schedules with a new schedule specifically detailing the ICC T20 World Cup 2020. This schedule identifies the ICC T20 World Cup 2020 as a major sporting event and names ICC Business Corporation FZ-LLC, International Cricket Council Limited, T20 World Cup 2020 Ltd, and Cricket Australia as the event bodies. It also lists the protected indicia, which include various names and acronyms associated with the event. The protection period for these indicia is set to end on 30 November 2021, or an earlier date as prescribed by the rules. Under the amended Act, specific obligations and requirements are imposed on entities and individuals. Firstly, unauthorised use of the protected indicia and images is prohibited. These indicia can only be used by the authorised event bodies, as prescribed by the rules. For example, the ICC T20 World Cup 2020 indicia are primarily associated with the authorising body, ICC Business Corporation FZ-LLC, unless otherwise specified. Any other indicia related to other event bodies must comply with the prescribed rules. These obligations ensure that the indicia and images are used appropriately and do not mislead the public about the event or its associated entities. The Act also includes provisions for the enforcement of these protections. Section 16(1) of the original Act is amended to include notes explaining that imported goods bearing the protected indicia or images can be seized if used in contravention of the Act, and that remedies for such contraventions are outlined in Part 5 of the Act. This section clarifies the legal consequences of unauthorised use, reinforcing the importance of adhering to the specified rules and regulations. In terms of penalties and consequences for breaches of the Act, the legislation does not explicitly state penalties within the provided text. However, the original Major Sporting Events (Indicia and Images) Protection Act 2014 likely includes provisions for offences, penalties, and civil or criminal consequences for unauthorised use of indicia and images. These could include fines, seizures of infringing goods, and potential legal actions against offenders. For precise details on penalties, reference to the original Act would be necessary.