OLYMPIC INSIGNIA PROTECTION ACT 1987 - SECT 33 Exemption--statements about sports - related personal services

OLYMPIC INSIGNIA PROTECTION ACT 1987 - SECT 33

  (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 limited to the provision of the athlete services; and

  (e)   the statement includes a protected olympic expression; and

  (f)   the statement is applied to sports - related 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;

  (c)   dietary consultative services;

  (d)   psychological or other counselling services;

  (e)   any similar services designed to maintain or enhance a person's sporting performance.