Document ID: chunk:federal_register_of_legislation:C2004A04720:body:0:p2
Version: federal_register_of_legislation:C2004A04720
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Character Range: 2779–5681

is later, and ending on 31 December next after the closing of those Olympic Games, as reduced under section 11A;

   'registered Olympic design' means a design registered under this Act in relation to an artistic work that incorporates the Olympic symbol;";

(b) by omitting the definition of "Federation" in subsection (1);

(c) by inserting in subsection (1) the following definitions:

   " 'Committee' means the Australian Olympic Committee Incorporated, being an association incorporated on 24 April 1985 under the Associations Incorporation Act 1981 of Victoria;

   'Olympic artistic work' means:

     (a) a prescribed Olympic torch and flame; or

     (b) an artistic work that incorporates either but not both of the following:

            (i) the Olympic symbol;

            (ii) a prescribed Olympic torch and flame;

   'prescribed Olympic torch and flame' means an artistic work prescribed under section 2A;

   'registered design' means a design registered under section 10;

     'registered torch and flame design' means a design registered under this Act in relation to an artistic work that is or incorporates a prescribed Olympic torch and flame;".

Insertion of new section

  4. After section 2 of the Principal Act the following section is inserted:

Artistic work of Olympic torch and flame may be prescribed

"2A.(1) The regulations may prescribe a single artistic work of an Olympic torch and flame for a particular Summer Olympic Games or for a particular Winter Olympic Games. The artistic work must not incorporate the Olympic symbol.

  "(2) The regulations must not prescribe an artistic work unless:

  (a) copyright under the Copyright Act 1968 subsists in the artistic work; and

  (b) the Committee is the owner of the copyright in the artistic work.

"(3) The Governor-General may not make a regulation prescribing an artistic work for a particular Olympic Games before the 1 July that is at least 3½ years but less than 4½ years before the opening of those Olympic Games (that is, 6 months before the earliest date on which the protection period for a registered torch and flame design for those Olympic Games could start).".

Repeal of section 6 and substitution of new section

5. Section 6 of the Principal Act is repealed and the following section is substituted:

Ownership of design of Olympic symbol

  "6. The Committee is taken to be the owner of:

  (a) the design of the Olympic symbol; and

     (b) any registered Olympic design that was registered under this Act immediately before the commencement of the Olympic Insignia Protection Amendment Act 1994.".

Infringement of monopoly in protected design

  6. Section 8 of the Principal Act is amended:

    (a) by inserting in paragraph (1)(b) "or registered torch and flame design" after "registered Olympic design";

  (b) by adding at the end the following subsection:

     "(9) For the purposes