Document ID: chunk:federal_register_of_legislation:C2004A00932:clause:1_45
Version: federal_register_of_legislation:C2004A00932
Segment Type: clause
Provision Reference: sch 1 cl 45
Character Range: 28309–29375

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 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.

 (4) A court may make an order under this section whether or not an injunction 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.