Sydney 2000 Games (Indicia and Images) Protection Amendment Act 1997

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Sydney 2000 Games (Indicia and Images) Protection Amendment Act 1997

 

No. 24, 1997

An Act to amend the Sydney 2000 Games (Indicia and Images) Protection Act 1996, and for related purposes

 


 

Contents

1 Short title..................................1

2 Commencement..............................1

3 Schedule(s).................................2

Schedule 1—Amendments 3

Sydney 2000 Games (Indicia and Images) Protection Act 1996 3

Sydney 2000 Games (Indicia and Images) Protection Amendment Act 1997

No. 24, 1997

 

 

 

An Act to amend the Sydney 2000 Games (Indicia and Images) Protection Act 1996, and for related purposes

[Assented to 7 April 1997]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Sydney 2000 Games (Indicia and Images) Protection Amendment Act 1997.

2  Commencement

  This Act commences on the day on which it receives the Royal Assent.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Amendments

Sydney 2000 Games (Indicia and Images) Protection Act 1996

1  Subsection 10(1)

Omit “indicia and images”, substitute “indicia or images”.

2  Section 11

Repeal the section, substitute:

11  Use for commercial purposes

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

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

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

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

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

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

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


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

the application is use by the first person of the indicia or images for commercial purposes.

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

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

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

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

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

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

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

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

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

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


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

the supply, offer, exposure or keeping, as the case may be, by the second person is use by the second person of the indicia or images for commercial purposes.

 (4) In this section:

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.

3  Subsection 12(1)

Omit “indicia and images”, substitute “indicia or images”.

4  Subsection 12(4)

Omit “indicia and images” (wherever occurring), substitute “indicia or images”.

5  After section 13

Insert:

13A  Persons involved in contraventions of section 12

  For the purposes of this Act, a person is taken to have contravened section 12 if the person:

 (a) has attempted to contravene section 12; or

 (b) has aided, abetted, counselled or procured a person to contravene section 12; or

 (c) has induced, or attempted to induce, a person, whether by threats or promises or otherwise, to contravene section 12; or

 (d) has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of section 12; or

 (e) has conspired with others to contravene section 12.

6  After section 14

Insert:

14A  Limitation on licence

  A licence under section 14 does not authorise the use of indicia or images for commercial purposes if the use is covered by subsection 11(3).

7  Paragraph 17(1)(b)

Omit “indicia and images” (wherever occurring), substitute “indicia or images”.

8  Subsection 19(1)

Omit “indicia and images”, substitute “indicia or images”.

9  Subsection 25(1)

Omit “indicia and images”, substitute “indicia or images”.

10  Subsection 25(1)

Omit “paragraph 11(c)”, substitute “paragraph 11(2)(c) or (3)(c)”.

11  Subsection 31(1)

Omit “indicia and images” (last occurring), substitute “indicia or images”.

12  Subsection 31(2)

Omit “indicia and images” (last occurring), substitute “indicia or images”.

13  Subsection 32(5)

Omit “indicia and images”, substitute “indicia or images”.

14  At the end of section 32

Add:

 (8) A reference in this section to the use of indicia or images for commercial purposes does not include a reference to use covered by subsection 11(3).

15  At the end of section 33

Add:

 (5) A reference in this section to the use of indicia or images for commercial purposes does not include a reference to use covered by subsection 11(3).

16  Subsection 43(4)

Omit “conduct constituting use of”.

17  Subsection 43(5)

Omit “conduct constituting use of”.

18  Subsection 43(6)

Omit “conduct constituting a use of”.

19  Subsection 43(9)

Omit “the use of”, substitute “an”.

20  Subsection 43(9)

Omit “use of” (last occurring).

21  Transitional—pre-commencement licences

(1) This item applies to a licence in force under section 14 of the Sydney 2000 Games (Indicia and Images) Protection Act 1996 immediately before the commencement of this item.

(2) The amendments made by this Schedule do not affect the continuity of the licence.

 


[Minister’s second reading speech made in—
House of Representatives on 18 September 1996
Senate on 10 February 1997]

 

(110/96)

Overview

The Sydney 2000 Games (Indicia and Images) Protection Amendment Act 1997 was enacted by the Parliament of Australia to amend the Sydney 2000 Games (Indicia and Images) Protection Act 1996. This amendment was introduced to address specific concerns and gaps identified in the original Act, particularly to better define the scope and application of indicia and images protection for the Sydney 2000 Olympic and Paralympic Games. The Act aims to clarify and refine the conditions under which the use of Games indicia or images for commercial purposes is permitted, enhancing the enforcement mechanisms against unauthorised use. The Act commenced on the day it received Royal Assent, which was 7 April 1997. This amendment introduces several key changes to the original Act, including the substitution of terms and the introduction of new sections that delineate specific scenarios of commercial use more precisely. It also expands the definition of who can be held liable for unauthorised use of Games indicia or images, including those who aid or induce others to contravene the provisions of the Act. The legislative amendments reflect a policy objective to protect the integrity and commercial interests associated with the Sydney 2000 Games by providing clearer guidelines and stronger legal frameworks against misuse.

Scope and Application

The Sydney 2000 Games (Indicia and Images) Protection Amendment Act 1997 amends the Sydney 2000 Games (Indicia and Images) Protection Act 1996 to enhance the protection of indicia and images associated with the Sydney 2000 Olympic and Paralympic Games. The Act applies to any person or entity that uses the indicia or images of the Sydney 2000 Games for commercial purposes, as defined under the Act, and operates within Australia. The Act specifically excludes the Sydney Organising Committee for the Olympic Games (SOCOG), the Sydney Organising Committee for the Paralympic Games (SPOC), and any licensed users from the definition of commercial use, provided certain conditions are met. The Act's reach is limited to activities occurring within Australia and does not extend to international jurisdictions unless otherwise specified through subordinate instruments. The amendments clarify the use of "indicia or images" rather than "indicia and images" and define the circumstances under which such use constitutes a commercial purpose, including when the use suggests sponsorship or support for the Games or related events. Transitional provisions ensure that existing licenses remain unaffected by the amendments.

Key Provisions

The Sydney 2000 Games (Indicia and Images) Protection Amendment Act 1997 amends the original Sydney 2000 Games (Indicia and Images) Protection Act 1996 by making several changes to the definitions and provisions regarding the use of Sydney 2000 Games indicia and images. Section 10(1) of the amended Act changes the phrase "indicia and images" to "indicia or images," which means that either one or both forms of identification or visual representation related to the Sydney 2000 Games can be regulated under the Act. Section 11 of the Act details the specific circumstances in which the use of Sydney 2000 Games indicia or images for commercial purposes is prohibited. It outlines two scenarios where such use is considered commercial: when a person applies the indicia or images to their own goods or services for advertising or promotional purposes or to enhance demand, and when these indicia or images are applied by another party under certain conditions, suggesting sponsorship or support of the Games or related events. The Act imposes obligations on entities and individuals to ensure compliance with the provisions regarding the use of Sydney 2000 Games indicia or images. Specifically, Section 12 addresses the unauthorised use of these indicia or images for commercial purposes. Entities and individuals must avoid applying the indicia or images to goods or services unless they are either a sponsor or have explicit permission through a licence granted under Section 14 of the Act. Additionally, Section 14A clarifies that a licence does not permit the use of indicia or images for commercial purposes if such use is already covered by the conditions outlined in Section 11(3). There are significant consequences for breaches of the Act. Under Section 43, any person found to have contravened Section 12—either directly or through aiding, abetting, or conspiring—is subject to penalties. While the exact penalties are not specified in the provided text, the Act implies that both civil and criminal consequences may apply, depending on the severity and intent behind the breach. The penalties could include fines or imprisonment, but the specific amounts are not detailed within the excerpt. The Act aims to protect the integrity and commercial value associated with the Sydney 2000 Games by strictly regulating the use of its indicia and images.

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Intellectual Property Law
Instrument
Amending Act
Concepts
Commencement Provisions
Repeal & Amendment
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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.