Document ID: chunk:federal_register_of_legislation:C2023C00446:section:30:p1
Version: federal_register_of_legislation:C2023C00446
Segment Type: section
Provision Reference: s 30 (pt 1/2)
Character Range: 44521–47143

30  Use for commercial purposes
 (1) This section sets out the 2 situations in which a person is said to use a protected olympic expression for commercial purposes.

Use for commercial purposes—situation (1)
 (2) For the purposes of this Chapter, if:
 (a) a person (the first person) causes a protected olympic expression to be applied to goods or services of the first person; and
 (b) the application is for advertising or promotional purposes, or is likely to enhance the demand for the goods or services; and
 (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 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;
then:
 (d) if the expression is applied in Australia—the application is use by the first person of the expression for commercial purposes; or
 (e) if:
 (i) the expression is applied to goods outside Australia; and
 (ii) the goods are imported into Australia for the purpose of sale or distribution; and
 (iii) there is a designated owner of the goods;
  the importation is use by the designated owner of the expression for commercial purposes.

Use for commercial purposes—situation (2)
 (3) For the purposes of this Chapter, if:
 (a) a person (the first person), other than the AOC or a licensed user, causes a protected olympic expression to be applied to goods or services of the first person; and
 (b) the application is for advertising or promotional purposes, or is likely to enhance the demand for the goods or services; and
 (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 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;
 (iii) in the case of