OLYMPIC INSIGNIA PROTECTION ACT 1987 - NOTES

OLYMPIC INSIGNIA PROTECTION ACT 1987 - NOTES

No. 27, 1987

Compilation No. 20

Compilation date: 18 November 2023

Includes amendments up to: Act No. 91, 2023

Registered: 30 November 2023

About this compilation

This compilation

This is a compilation of the Olympic Insignia Protection Act 1987 that shows the text of the law as amended and in force on 18 November 2023 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Chapter 1--Introduction

Part 1.1--Introduction

1 Short title

1A Simplified outline

Chapter 2--Copyright and design protection

Part 2.1--Introduction

2 Interpretation

2A Artistic work of olympic torch and flame may be prescribed

3 Act to bind Crown

4 Extension of Act to external Territories

Part 2.2--Copyright protection

5 Ownership etc. of copyright in the olympic symbol

Part 2.3--Design protection

6 Ownership of design of olympic symbol

7 Monopoly of design

8 Infringement of monopoly in protected design

9 Remedies for infringement of monopoly in protected design

9A Australian Consumer Law provides further remedies

10 Registration of designs

11 Extension or reduction of protection periods in relation to registered olympic designs

11A Reduction of protection periods for registered torch and flame designs

12 Register of Olympic Designs

13 Delegation

14 Approved forms

14A Doing act when Designs Office reopens after end of period otherwise provided for doing act

Part 2.4--Miscellaneous

15 Certain purported dispositions or charges to be void

16 Validation of certain licences

17 Application of the Copyright Act 1968

18 Protected designs not to be registered under the Designs Act 2003

18A AOC to maintain Register of licences

19 Use of protected trade mark contrary to law in certain circumstances

20 Preservation of certain existing rights

21 Compensation for acquisition of property

Chapter 3--Protected olympic expressions

Part 3.1--Introduction

Division 1--General provisions

22 Object of Chapter

23 Definitions

24 Protected olympic expressions

25 Chapter binds the Crown

26 Application of Chapter

27 Additional operation of Chapter

Division 2--Use for commercial purposes etc.

28 Application of expressions or statements

29 Sponsorship-like support

30 Use for commercial purposes

31 Exemption--statements about past participation of Olympians

32 Exemption--statements about preparation or training of Olympians by sporting organisations and institutes

33 Exemption--statements about sports-related personal services

34 Exemption--statements about supply of goods or services to past teams or Games

35 Certain uses not alone sufficient to suggest sponsorship or sponsorship-like support

Part 3.2--Protection of protected olympic expressions

36 Regulation of use of protected olympic expressions

37 Persons involved in contraventions of section 36

Part 3.3--Licensing

38 Licensing by the AOC

39 Limitation on licence

40 AOC to maintain Register of licences

Part 3.4--Enforcement

Division 1--Remedies

41 Injunctions

42 Interim injunctions

43 Corrective advertisements

44 Damages

45 Account of profits

46 Destruction or delivery of goods

47 Consent of the AOC to institute remedial proceedings

48 Other remedies

Division 2--Importation of goods

49 Definitions

50 Determinations about owners of goods

51 Importation of goods by the AOC

52 Notice of objection to importation

53 Consent of the AOC to giving of notices

54 Comptroller-General of Customs may seize goods

55 Notice of seizure

56 Forfeiture of goods--by consent

57 Release of goods--no application for injunction

58 Application for injunction--additional parties, relief etc.

59 Disposal of goods ordered to be forfeited

60 Power of Comptroller-General of Customs to retain control of goods

61 Insufficient security

62 Commonwealth not liable for loss etc. suffered because of seizure

63 Modification in relation to Christmas Island etc.

Division 3--Unjustified threats

64 Unjustified threats of legal proceedings

65 Counterclaim

Part 3.5--Jurisdiction of prescribed courts etc.

66 Prescribed courts

67 Jurisdiction of Federal Court

68 Jurisdiction of other prescribed courts

69 Transfer of proceedings

Part 3.6--Miscellaneous

70 Concurrent operation of State and Territory laws

71 Preservation of existing rights

72 Acquisition of property

73 Implied freedom of political communication

74 Chapter has effect in addition to contracts

75 Validation of certain licences

Chapter 4--Regulations

Part 4.1--Regulations

76 Regulations

Schedule--Outline of the olympic symbol

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Endnotes

Endnote 1--About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Abbreviation key--Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history--Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section  15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history