Major Sporting Events (Indicia and Images) Protection Rules 2014

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2014L00791 Rules Not in force Legislative Instrument

Legislation content

Major Sporting Events (Indicia and Images) Protection Rules 2014

as amended

made under section 58 of the

Major Sporting Events (Indicia and Images) Protection Act 2014

Compilation start date:  1 January 2015

Includes amendments up to: Major Sporting Events (Indicia and Images) Protection Amendment Rules 2014 (No. 1)

 

About this compilation

This compilation

This is a compilation of the Major Sporting Events (Indicia and Images) Protection Rules 2014 as in force on 1 January 2015. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 2 February 2015.

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.

 

 

 

Contents

Part 1  Preliminary

1 Name of Rules

2 Commencement

3 Definitions

Part 2  Interpretation

4 Dictionary

4A Notice of objection to importation

Part 3  Importation of Goods

5 Claim for release of seized goods

Part 4  Remedies

6 Damages or accounts of profits

Part 5  Protected Indicia

7 Asian Football Confederation Asian Cup 2015

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]

 

Part 1  Preliminary

1  Name of Rules

  These Rules are the Major Sporting Events (Indicia and Images) Protection Rules 2014.

2  Commencement

  These Rules commence:

 (a) if the Rules are registered before the Act commences―at the same time as the Act commences; or

 (b) if the Rules are registered on or after the day on which the Act commences―on the date on which the Rules are registered,

whichever occurs first.

Note:  Exercise of power conferred by an Act may be exercised before the start time as if the relevant commencement had occurred ― see section 4 of the Acts Interpretation Act 1901.

3  Definitions

Note: Terms used in these Rules have the same meaning as in the Act―see section 13 of the Legislative Instruments Act 2003. 

  In these Rules:

Act means the Major Sporting Events (Indicia and Images) Protection Act 2014.

 

Part 2  Interpretation

4  Dictionary

  For section 9 Dictionary of the Act:

 (a) the action period in relation to particular seized goods is 10 working days;

 (b) the claim period in relation to particular seized goods is 10 working days.

4A  Notice of objection to importation

  For paragraph 23(3) of the Act, the following document must accompany a notice of objection to importation:

 (a) Form B1274, Major Sporting Events (Indicia and Images) Protection Act 2014 Security Under Section 25(3) – Deed of Undertaking.

Note: Form B1274 can be found at http://www.customs.gov.au/

 

Part 3  Importation of Goods

5  Claim for release of seized goods

  For paragraph 29(3)(b) of the Act, the claim must include the following  information:

 (a) the designated owner’s full name;

 (b) the designated owner’s home or business address;

 (c) the designated owner’s address for service;

 (d) the designated owner’s telephone number;

 (e) the grounds for seeking the release of the seized goods;

 (f) if the designated owner’s home or business address is not in Australia:

 (i) the full name of a person who is the designated owner’s agent in Australia;

 (ii) the home or business address of a person who is the designated owner’s agent in Australia;

 (iii) the address for service for the person who is the designated owner’s agent in Australia;

 (iv) a telephone number for the designated owner’s agent;  

 (v) evidence that the person agreed to be the designated owner’s agent.

 (g) if a person or body other than the agent made arrangements on the designated owner’s behalf for the seized goods to be brought to Australia:

 (i) the full name of the person or body;

 (ii) the home or business address of the person or body;

 (iii) the address for service of the person or body;

 (iv) a telephone number for the person or body.

Part 4  Remedies

6  Damages or accounts of profits

  For paragraph 48(6)(b) of the Act, the following provisions of a law of a State or Territory apply in relation to the following major sporting events:

 (1) AFC Asian Cup 2015

 (a) Major Events Act 2009 (NSW), section 63;

 (b) Major Sporting Events Act 2009 (Vic), sections 48 and 49.

 (2) Cricket World Cup 2015

 (a) Major Events (Aerial Advertising) Act 2009 (WA), section 14;

 (b) Major Events Act 2009 (NSW), section 63;

 (c) Major Sporting Events Act 2009 (Vic), sections 48 and 49.

 (3) Gold Coast 2018 Commonwealth Games

 (a) Commonwealth Games Arrangements Act 2011 (Qld).

 

Part 5  Protected Indicia

7  Asian Football Confederation Asian Cup 2015

  For Schedule 1, paragraph 4(1)(c) of the Act, the following expressions or combination of one or more expressions are prescribed for the AFC Asian Cup 2015:

 (a) Asian Football Confederation

 (b) Nutmeg the Wombat

 (c) any combination of a Table A expression with a Table B expression

 

Table A expressions

Item

Expressions

1

AC2015

2

AFC Asian Cup

3

AFC Asian Cup Australia

4

Asian Cup

5

Asian Football Confederation

6

Asian Football Cup

7

Asian Soccer Cup

 

Table B expressions

Item

Expressions

1

mascot

2

trophy tour

3

wombat

4

app

5

application

6

online

7

news

8

magazine

9

programme

10

highlight

 

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.

 

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.

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)

 

 

Endnote 3—Legislation history

 

Name

FRLI registration

Commencement

Application, saving and transitional provisions

Major Sporting Events (Indicia and Images) Protection Rules 2014

23 June 2014

(F2014L00791)

1 July 2014

_

Major Sporting Events (Indicia and Images) Protection Amendment Rules 2014 (No. 1)

16 December 2014

(F2014L01727)

1 January 2015

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 2, s.4A

ad F2014L01727

Part 4, s.6

am F2014L01727

Part 5, s.7

am F2014L01727

 

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]

 

 

Overview

The Major Sporting Events (Indicia and Images) Protection Rules 2014, as amended, were made under section 58 of the Major Sporting Events (Indicia and Images) Protection Act 2014. These rules were introduced to address the problem of unauthorised use of indicia and images associated with major sporting events, which could potentially cause economic harm and confusion among consumers. The rules were enacted by the Australian Parliament and aim to protect the intellectual property rights of major sporting events by providing measures to prevent the importation and sale of goods that infringe on these rights. This legislative instrument provides the framework for enforcement actions and outlines procedures for the release of seized goods, calculation of damages, and other relevant remedies.

Scope and Application

The Major Sporting Events (Indicia and Images) Protection Rules 2014, as amended and commencing on 1 July 2014, are subordinate legislation made under the Major Sporting Events (Indicia and Images) Protection Act 2014. These rules apply to the importation of goods bearing indicia and images associated with specific major sporting events, with the primary objective of protecting the intellectual property rights of event organisers and related parties. The rules cover various aspects such as the claim for release of seized goods and remedies available for violations. They apply nationally across Australia and are enforced by customs officials who have the authority to seize goods suspected of infringing the protected indicia and images. Notably, these rules do not explicitly exclude any particular persons, entities, or industries from their scope. However, the primary focus is on the prevention of unauthorised use of indicia and images linked to major sporting events during importation. The rules are complemented by the Major Sporting Events (Indicia and Images) Protection Amendment Rules 2014 (No. 1), which came into effect on 1 January 2015, making minor amendments to the original rules.

Key Provisions

The Major Sporting Events (Indicia and Images) Protection Rules 2014 (the "Rules") provide detailed operational guidelines for the Major Sporting Events (Indicia and Images) Protection Act 2014 (the "Act"). These Rules specify the action and claim periods for seized goods, the information required in a notice of objection to importation, and the details necessary for a claim for the release of seized goods. Furthermore, they detail the application of State or Territory laws for damages or accounts of profits related to specific sporting events, and prescribe the expressions or combinations of expressions protected for the Asian Football Confederation Asian Cup 2015. Under these Rules, various obligations and requirements are imposed on the parties or entities it governs. Firstly, for any seized goods, there is a 10-working-day period for action and a similar period for filing a claim for their release. Additionally, a notice of objection to importation must be accompanied by Form B1274, a Major Sporting Events (Indicia and Images) Protection Act 2014 Security Under Section 25(3) – Deed of Undertaking. The claim for release of seized goods must include comprehensive details about the designated owner, including personal information, address details, and contact numbers. If the owner is not based in Australia, the claim must also include details of an Australian agent, if any. Moreover, if a third party made arrangements for the seized goods to be brought into Australia, their information must also be provided. The Rules also detail the specific State or Territory laws that apply to damages or accounts of profits for certain major sporting events. For instance, for the AFC Asian Cup 2015, sections 63 of the Major Events Act 2009 (NSW) and sections 48 and 49 of the Major Sporting Events Act 2009 (Vic) apply. For the Cricket World Cup 2015, sections 14 of the Major Events (Aerial Advertising) Act 2009 (WA), section 63 of the Major Events Act 2009 (NSW), and sections 48 and 49 of the Major Sporting Events Act 2009 (Vic) apply. For the Gold Coast 2018 Commonwealth Games, the Commonwealth Games Arrangements Act 2011 (Qld) applies. In terms of offences, penalties, or civil/criminal consequences for breach, the Rules do not specify any penalties. However, any breaches of the Act itself would incur penalties as outlined in the Act. For instance, unauthorised use of protected indicia could lead to civil or criminal penalties, depending on the nature and extent of the infringement. The specific penalties would be determined under the relevant State or Territory laws applicable to each major sporting event, as detailed in the Rules.

Legal classification tags

Area of Law
Intellectual Property Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Commencement Provisions
Licensing & Registration

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.