WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/AUS/I/4/Add.1 
20 December 2007 
 (07-5692) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/ 
 inglés 
 
MAIN DEDICATED INTELLECTUAL PROPERTY  
LAWS AND REGULATIONS NOTIFIED UNDER  
ARTICLE 63.2 OF THE AGREEMENT 
 
AUSTRALIA 
 
Addendum  
  The present document reproduces the text
1 of the following laws and regula tions, notified by Australia under 
Article 63.2 of the Agreement (see document IP/N/1/AUS/2). 
 Page 
- Olympic Insignia Protection Amendment Act 2001 - No. 156, 2001 2 
- Olympic Insignia Protection Amendment Regulations 2002 (No.1) - No. 12, 2002 33 
 
Conseil des aspects des droits de propriété intellectuelle qui touchent au commerce 
 
PRINCIPALES LOIS ET RÉGLEMEN TATIONS CONSACRÉES À LA  
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE  
DE L'ARTICLE 63:2 DE L'ACCORD 
 
AUSTRALIE 
 
Addendum
 
 
 Le présent document contient le texte1 des lois et réglementations notifiées par l'Australie au titre de l'article 63:2 
de l'Accord (voir le document IP/N/1/AUS/2). 
 Page 
- Loi de 2001 portant modification de la Loi sur la  protection des insignes olympiques – n° 156, 2001 2 
- Règlement de 2002 (n° 1) portant modification du Règlement sur la protecti on des insignes olympiques – 
n° 12, 2002 33 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA  
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD  
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
AUSTRALIA 
 
Addendum  
 
 En el presente documento se reproduce el texto1 de los siguientes leyes y reglamen tos notificados por Australia en 
virtud de lo dispuesto en el párrafo 2 del artículo  63 del Acuerdo (véase el documento IP/N/1/AUS/2). 
 Página 
- Ley de Modificación de la Ley de Protección de las Insignias Olímpicas de 2001 - Nº 156, 2001 2 
- Reglamento de Modificación del Reglamento sobre Protección de  las Insignias Olímpicas de 2002 
(Nº 1) - Nº 12, 2002 33 
 
                                                      
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/AUS/I/4/Add.1 
Page 2  
 
  
 
 
Olympic Insignia Protection Amendment Act 2001 
  
No. 156, 2001  
   An Act to amend the Olympic Insignia Protection Act 1987 , and for other purposes 
 
  
_______________ 
 
 
 
Contents 
 
 1 Short title 
 
 2 Commencement   3 Schedule(s)  Schedule 1—Amendment of the Olympic Insignia Protection Act 1987 
  IP/N/1/AUS/I/4/Add.1 
 Page 3 
 
 
  An Act to amend the Olympic Insignia Protection Act 1987 , and for other purposes 
 
[Assented to 1 October 2001 ] 
  
The Parliament of Australia enacts: 
 
1  Short title 
 
 This Act may be cited as the Olympic Insignia Protection Amendment Act 2001 . 
 
2  Commencement 
 
 This Act commences on the 28th day after 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 or repealed as set out in the 
applicable items in the Schedule concerned, an d any other item in a Schedule to this Act has 
effect according to its terms. IP/N/1/AUS/I/4/Add.1 
Page 4  
 
   
Schedule 1—Amendment of the Olympic Insignia Protection Act 1987 
   
1  Title 
      After “ insignia, ”, insert “ for the regulation of the commercial use of certain Olympic 
      expressions ,”. 
 
2  Before the heading to Part I 
      Insert: 
 
Chapter 1—Introduction 
 
3  Part I (heading) 
 
     Repeal the heading, substitute:  
Part 1.1—Introduction 
 
4  After section 1 
 
     Insert:  
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   (c) providing that the olympic motto, the olympic symbol and certain other 
olympic images must not be registered as trade marks. 
 
• Chapter 3 of this Act prohibits the comme rcial use of certain olympic expressions 
unless the user holds a licence granted by the AOC. 
 
 
Chapter 2—Copyright and design protection 
 
Part 2.1—Introduction 
 
5  Subsection 2(1) 
 
     Omit “this Act” (first occurring), substitute “this Chapter”.   IP/N/1/AUS/I/4/Add.1 
 Page 5 
 
 
  6  Subsection 2(1) (before the definition of Australia) 
 
     Insert: 
 
 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. 
 
7  Subsection 2(1) (definition of Committee) 
      Repeal the definition. 
 
8  Subsections 2(2) and (3) 
 
     Omit “this Act” (wherever o ccurring) , substitute “this Chapter”. 
 
9  Paragraph 2A(2)(b) 
 
     Omit “Committee”, substitute “AOC”.  
10  Section 3 
 
     Omit “this Act”, substitute “this Chapter”.  
11  Section 4 
      Omit “This Act”, substitute “This Chapter”. 
 
12  Part II (heading) 
 
     Repeal the heading, substitute:  Part 2.2—Copyright protection 
 
13  Section 5 
 
     Omit “Committee” (wherever occurring), substitute “AOC”. 
 
14  Part III (heading) 
 
     Repeal the heading, substitute:  
Part 2.3—Design protection 
 
15  Section 6 
 
     Omit “Committee”, substitute “AOC”.  16  Section 7 
 
     Omit “Committee” (wherever occurring), substitute “AOC”.  IP/N/1/AUS/I/4/Add.1 
Page 6  
 
  17  Subsection 7(2) 
 
     Omit “this Act”, substitute “this Chapter”.  
18  Section 8 
 
     Omit “Committee” (wherever occurring), substitute “AOC”.  
19  Section 9A 
      Omit “this Act” (wherever o ccurring), substitute “this Chapter”. 
 
20  Section 10 
 
     Omit “Committee” (wherever occurring), substitute “AOC”. 
 
21  Section 11 
 
     Omit “Committee” (wherever occurring), substitute “AOC”.  
22  Subsection 11A(1) 
 
     Omit “Committee”, substitute “AOC”.  
23  Part IV (heading) 
      Repeal the heading, substitute: 
 
Part 2.4—Miscellaneous 
 24  Section 15 
      Omit “Committee” (wherever occurring), substitute “AOC”. 
 
25  Section 16 
 
     Omit “Committee”, substitute “AOC”. 
 
26  After section 18 
 
     Insert:  
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.  IP/N/1/AUS/I/4/Add.1 
 Page 7 
 
 
   
27  Section 19 
 
     Omit “ Trade Marks Act 1955 ”, substitute “ Trade Marks Act 1995 ”. 
 
Note: The heading to section 19 is amended by omitting “ Trade Marks Act 1955 ” and substituting “ Trade Marks 
Act 1995 ”. 
 
28  Paragraph 19(ba) 
 
     Omit “under this Act”, substitute “for the purposes of section 2A”.  29  Subsection 20(1) 
 
     Omit “this Act”, substitute “this Chapter”.  
30  Paragraph 20(1)(a) 
 
     Omit “ Trade Marks Act 1955 ”, substitute “ Trade Marks Act 1995 ”. 
 
31  Subsection 20(2) 
 
     Omit “this Act”, substitute “this Chapter”. 
 
32  Subsection 20(3) 
 
     Omit “Committee” (wherever occurring), substitute “AOC”.  33  Paragraph 20(3)(c) 
 
     Omit “ Trade Marks Act 1955 ”, substitute “ Trade Marks Act 1995 ”. 
 
34  Section 21 
      Omit “this Act” (wherever o ccurring), substitute “this Chapter”. 
 
35  After section 21 
 
     Insert: 
 
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 prot ect, and to further, the position of Australia as a 
participant in, and a supporter of, the world Olympic movement. 
 IP/N/1/AUS/I/4/Add.1 
Page 8  
 
       (2) This object is to be achieved by f acilitating the raising of lic ensing 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: 
  (c) be in the form of a signboard; or   (d) be in a newspaper or periodical; or  
 (e) be broadcast on radio or television; or 
  (f) be placed on an Internet site; 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. 
 
 Australia , when used in a geographical sense, incl udes the following external Territories: 
 
 (a) Christmas Island;   (b) Cocos (Keeling) Islands;  
 (c) Norfolk Island. 
 
 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. 
 
 continental shelf  has the same meaning as in the Seas and Submerged Lands Act 1973 . 
 
 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  IP/N/1/AUS/I/4/Add.1 
 Page 9 
 
 
   
 (b) if no such entry exists—the person dete rmined 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 en trusted 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 Drug 
Agency Act 1990 . 
 
 Olympian  means a person who: 
 
 (a) was accredited by the IOC as a competito r 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 Chapte r, each of the following expressions is a protected olympic 
expression : 
 
 (a) Olympic;   (b) Olympics;  
 (c) Olympic Games; 
  (d) Olympiad;   (e) Olympiads. IP/N/1/AUS/I/4/Add.1 
Page 10  
 
   
     (2) For the purposes of this Chapter, an expression so closely resembling a protected olympic 
expression mentioned in subsection (1) as to be lik ely 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). 
 
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  
 (c) Norfolk 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 th is section, this Chapter also has effect as provided 
by this section. 
 
     (2) This Chapter has, by fo rce 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  IP/N/1/AUS/I/4/Add.1 
 Page 11 
 
 
   
 (c) use for commercial purposes by any person that detrimentally affects the rights 
conferred by or under this Chapter on a licen sed user that is a corporation to which 
paragraph 51(xx) of the Constitution applies. 
 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 promot es a particular person; and 
  (b) the person provides goods or services; and 
 
 (c) it would be concluded, by a reasonable pe rson, that the 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: 
 
 (a) the AOC; or 
  (b) the IOC; or   (c) a Summer or Winter Olympic Games; or IP/N/1/AUS/I/4/Add.1 
Page 12  
 
   
 (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 provi des 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 subsec tion (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 pr omotional purposes, or is likely to enhance the 
demand for the goods or services; and 
 
 (c) the application, to a reasonable person, w ould suggest that the first person is or was a 
sponsor of, or is or was the provi der 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   IP/N/1/AUS/I/4/Add.1 
 Page 13 
 
 
    (vii) an individual member of an Australian Olympic team; 
 then:   (d) if the expression is applied in Australia—t he 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 good s or services of the first person; and 
  (b) the application is for advertising or pr omotional purposes, or is likely to enhance the 
demand for the goods or services; and 
  (c) the application, to a reasonable person, w ould suggest that the first person is or was a 
sponsor of, or is or was the provi der 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  
  (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; IP/N/1/AUS/I/4/Add.1 
Page 14  
 
                (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   (c) the person makes, or authorises another pe rson to make, a 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 a dvertising 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; or  IP/N/1/AUS/I/4/Add.1 
 Page 15 
 
 
   
              (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   (c) the body makes, or authorises another pers on to make, a 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 a dvertising 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; or 
 IP/N/1/AUS/I/4/Add.1 
Page 16  
 
   
             (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/Te rritory 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 anothe r 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. 
 
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   (c) the person makes, or authorises another person to make, a factual statement about the 
provision of the athlete services; and 
 
 (d) the subject matter of the statement is lim ited to the provision of the athlete services; 
and 
  (e) the statement includes a protected olympic expression; and  
 (f) the statement is applied to sports-re lated 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;   IP/N/1/AUS/I/4/Add.1 
 Page 17 
 
 
   (c) dietary consultative services; 
  (d) psychological or other counselling services;   (e) any similar services designed to ma intain or enhance a person’s sporting 
performance. 
 
34  Exemption—statements about supply of g oods or services to past teams or Games 
 
 For the purposes of this Chapter, if: 
 
 (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  
 (c) the person makes, or authorises another pe rson to make, a 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 lik ely 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 sugg est 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): 
 
 (a) a reference to the provision of informa tion includes a reference to the reporting of 
news and the presentation of current affairs; and 
  (b) a reference to criticism or review in cludes a reference to criticism or review: IP/N/1/AUS/I/4/Add.1 
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  (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.  
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 u se by a person of a protected olympic expression if: 
  (a) the person is a licensed user; and   (b) the protected olympic expression is an e xpression that the person is licensed to use; 
and 
  (c) that use is in acco rdance with the terms and conditions of the licence. 
37  Persons involved in contraventions of section 36 
  For the purposes of this Chapter, a person is taken to have contrave ned section 36 if the 
person: 
  (a) has attempted to contravene section 36; or   (b) has aided, abetted, counselled or proc ured a person to contravene section 36; or 
 
 (c) has induced, or attempted to induce, a person, whether by threats or promises or 
otherwise, to contravene section 36; or 
  (d) has been in any way, directly or indi rectly, knowingly concerned in, or party to, the 
contravention by a person of section 36; or 
  (e) has conspired with othe rs to contravene section 36. 
 
Part 3.3—Licensing 
   
38  Licensing by the AOC  
     (1) For the purposes of th is Chapter, the AOC may license a pe rson 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.   IP/N/1/AUS/I/4/Add.1 
 Page 19 
 
 
       (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, incl uding 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. 
 
Part 3.4—Enforcement 
 Division 1—Remedies 
 
41  Injunctions 
 
     (1) If a person has engaged, is engaging, or is propos ing 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 previ ously engaged in conduct of that kind. 
      (3) An injunction under this section may onl y 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.  IP/N/1/AUS/I/4/Add.1 
Page 20  
 
       (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 conf erred by this Chapter or otherwise. 
 
42  Interim injunctions 
      (1) A prescribed court may grant an inte rim injunction pending th e 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 prescr ibed 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 
 
 (c) at times specified in the order;   to publish advertisements the te rms 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 sub section (1) whether or not relief is granted under 
section 41. 
 44  Damages 
 
     (1) If the AOC or a licensed user suffers lo ss 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 ye ars 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   (b) an account of profits under section 45; 
 
 in respect of the same contravention of section 36.   IP/N/1/AUS/I/4/Add.1 
 Page 21 
 
 
  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 a pplication 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 sec tion whether or not an in junction 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 c onstituting a contravention of sect ion 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 
  (c) otherwise dealt with in such manner as the court thinks fit.       (2) An order made under this section on the a pplication 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 sec tion whether or not an in junction is granted under 
section 41. 
 IP/N/1/AUS/I/4/Add.1 
Page 22  
 
  47  Consent of the AOC to institute remedial proceedings 
 
     (1) A licensed user must not:   (a) make an application for an injuncti on (other than an interim injunction) under 
section 41; or 
  (b) bring an action for damages under section 44; or   (c) make an application for an order under section 45; 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 con sent 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 Divi sion 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. 
 
     (2) The remedies provided under this Divi sion are in addition to the remedies provided by the 
Trade Practices Act 1974  in relation to engaging in conduct that is misleading or deceptive 
(see section 52 of that Act) and, in pa rticular, in relation to representations: 
 
 (a) that goods or services have sponsorship  or approval that they do not have (see 
paragraph 53(c) of that Act); or 
  (b) that a corporation (as defined in that Act) has a sponsorship, approval or affiliation 
that it does not have (see paragraph 53(d) of that Act). 
 
     (3) Subsection (2) does not limit subsection (1). 
      (4) The references in subsecti on (2) to particular provisions of the Trade Practices Act 1974  do 
not imply that other provisions of that Act do not  apply in relation to conduct of a kind that 
constitutes a contravention of section 36 of this Act. 
  IP/N/1/AUS/I/4/Add.1 
 Page 23 
 
 
  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 secti on 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  
 (c) a public holiday in the Australian Capital Territory. 
 
50  Determinations about owners of goods 
 
 The CEO or an officer of Customs may determ ine 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. 
 IP/N/1/AUS/I/4/Add.1 
Page 24  
 
  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 wh ich 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 on ly 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 
 
 (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 con sent 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 go ods manufactured outside Australia that:  IP/N/1/AUS/I/4/Add.1 
 Page 25 
 
 
   
 (a) are imported into Australia; and   (b) are subject to the control of th e 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 
  (c) it appears to the CEO that the designat ed owner is not 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 use of  the expressions by the designated owner for 
commercial purposes. 
      (3) The CEO may refuse to seize the goods unl ess 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 persona lly 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 
 IP/N/1/AUS/I/4/Add.1 
Page 26  
 
                (ii) written notice of the making of the application is given to the CEO within 
that period. 
      (3) The day specified for the purpose of su bparagraph (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 wr itten notice to that effect to the CEO. 
      (2) If the designated owner gives such a not ice, 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 (oth er 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. 
      (3) The CEO may release the seized goods to th eir 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 reasona ble 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 Principles 1, 2 
and 3 in section 14 of the Privacy Act 1988 . 
  IP/N/1/AUS/I/4/Add.1 
 Page 27 
 
 
  58  Application for injunction—additional parties, relief etc. 
 
     (1) In this section, a reference to an app lication 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 appli cation 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 cour t may grant apart from this section, the court may: 
 
 (a) at any time, if it thinks it just, orde r 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 injuncti on should not be granted under section 41; and 
  (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 cour t, 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; IP/N/1/AUS/I/4/Add.1 
Page 28  
 
   
 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 th e objector or objectors who gave notice under 
section 52 is not sufficient to meet the expen ses incurred by the Commonwealth as a result of 
the action taken by the CEO under this Division because of the notice, 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 
 
 (c) Norfolk Island.  
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 e ngage 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. 
  IP/N/1/AUS/I/4/Add.1 
 Page 29 
 
 
   The court may also award damages for loss th at 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 c ontinued 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 subsec tion (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 en titled 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 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. 
 
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; 
  (c) the Supreme Court of the Australian Capital Territory;   (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 relati on to all matters arising under this Chapter. 
 
68  Jurisdiction of other prescribed courts 
 
     (1) Each prescribed court (o ther than the Federal Court) has fe deral 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. 
 IP/N/1/AUS/I/4/Add.1 
Page 30  
 
  69  Transfer of proceedings 
 
     (1) A prescribed court in which an applic ation has been made, or an action brought, under this 
Chapter may, on the application of a party ma de 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:   (a) all relevant documents of record filed in the transferring court must be sent to the 
other court by the Registrar or other appropr iate 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.  
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 re lation 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 trad e 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 d esign is taken to have been registered under the Designs 
Act 1906  at the time when the registration of th e 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 preven t another person from passing off, by means of  IP/N/1/AUS/I/4/Add.1 
 Page 31 
 
 
  the use of the expression or a similar expression, goods or services as the goods or services of 
the first person. 
 
 Business names 
      (5) This Chapter does not apply to the use of a business name in connection with a business if: 
  (a) the name is registered in relation to the business under a law of a State or Territory 
relating to business names; and 
 
(b) the name was so registered immediately before 20 September 2001 in relation to the 
business. 
 
 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 connecti on with a business carried on by the company; 
and 
 
 (c) the company used the name in connection with the business 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. 
 
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 protect ed Olympic expression for commercial purposes; 
and 
  (b) to which any of the following is a party: IP/N/1/AUS/I/4/Add.1 
Page 32  
 
   
  (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 commen cement 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 licen ce had been granted under section 38 for the part of that 
period that began after the commencement of this section. 
 
36  Before section 22 
 
     Insert:  
Chapter 4—Regulations 
 
Part 4.1—Regulations    37  Section 22 
      Renumber as section 76. 
__________________________________________________________________________________  
[Minister’s second reading speech made in— 
House of Representati ves on 20 September 2001 
Senate on 26 September 2001] 
 
(188/01)  IP/N/1/AUS/I/4/Add.1 
 Page 33 
 
 
  
 
 
Olympic Insignia Protection Amendment Regulations 2002 (No. 1)1 
 
Statutory Rules 2002 No. 122 
__________________________________________________________________________________ 
 I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting 
with the advice of the Federal Executive Council, make the following Regulations under the Olympic 
Insignia Protection Act 1987. 
 
Dated 14 February 2002   
 
  
PETER HOLLINGWORTH 
Governor-General 
 
By His Excellency’s Command 
    
 
IAN MACFARLANE Minister for Industry, Tourism and Resources IP/N/1/AUS/I/4/Add.1 
Page 34  
 
  1 Name of Regulations 
 
 These Regulations are the Olympic Insignia Protection Amendment Regulations 2002 (No. 1). 
 
2 Commencement 
 
 These Regulations commence on gazettal.  
3 Amendment of Olympic Insignia Protection Regulations 
  Schedule 1 amends the Olympic Insignia Protection Regulations. 
   
Schedule 1 Amendments 
  (regulation 3) 
 
[1] Regulation 1 
 
     substitute 
 
     1 Name of Regulations 
 
 These Regulations are the Olympic Insignia Protection Regulations 1993 . 
 
[2] Regulation 2 
 
     substitute 
 
     2 Definitions 
 
 In these Regulations:  
 Act  means  Olympic Insignia Protection Act 1987 . 
 
 approved form  means a form mentioned in subsection 14 (1) of the Act. 
 
 Designs Regulations  means the Designs Regulations 1982 . 
 
[3] Regulation 6, heading 
 
     substitute 
 
     6 Correction of Register of Olympic Designs 
 
[4] Subregulation 6 (1) 
 
     omit 
 
 Register  
   IP/N/1/AUS/I/4/Add.1 
 Page 35 
 
 
      insert 
 
 Register of Olympic Designs  
[5] Subregulation 6 (2) 
 
     omit 
 
 Register       insert 
 
 Register of Olympic Designs  
[6] After regulation 6 
 
     insert 
 
     7 Register of licences for copyright in the olympic symbol and for protected designs  
 
 For subsection 18A (1) of the Act the particular s for a licence that are to be included in the 
Register are: 
  (a) the name and address of the holder of the licence; and   (b) the period for which the licence is granted; and 
 
 (c) a description of the articles to which a protected design may be applied under the 
licence; and 
  (d) if the licence relates to copyright in the olympic symbol, a statement to that effect; 
and 
 (e) if the licence relates to a protected design: 
   (i) a statement to that effect; and                (ii) one or more representatio ns of the design sufficient to give a true indication 
of the design. 
 
8 Register of licences for use of protected olympic expressions 
 
     (1) For subsection 40 (1) of the Act, the par ticulars for a licence that are to be included in the 
Register are: 
 
 (a) the name and address of the licensed user; and   (b) the period for which the licence is granted; and  
 (c) the protected olympic expressions that may be used under the licence; and 
  (d) a description of the goods and services to which a protected olympic expression may 
be applied under the licence. 
 IP/N/1/AUS/I/4/Add.1 
Page 36  
 
   Note    Subsection 28 (1) of the Act explains when an expression is applied to goods or services. 
 
     (2) In this regulation:  
 licensed user  has the meaning given by section 23 of the Act. 
 
9 Period of effect of notice of objection to importation 
  For subsection 52 (5) of the Act, the period for a notice of objection to importation is 4 years 
beginning when the notice is given to the CE O in accordance with section 52 of the Act. 
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Notes 
 
1. These Regulations amend Statutory Rules 1993 No. 234. 
 
2. Notified in the Commonwealth of Australia Gazette  on 21 February 2002. 
 
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