Victorian Consolidated Legislation

Australian Grands Prix Act 1994 - SECT 44

Corporation's property in grand prix insignia

44. Corporation's property in grand prix insignia



(1) The Corporation has a proprietary interest in all grand prix insignia.

(2) A person who, in the course of a trade or business, without the consent of
the Corporation-

   (a)  supplies goods marked with grand prix insignia; or

   (b)  uses grand prix insignia for the purpose of promoting the supply of
        goods or services; or

   (c)  assumes a name or description that consists of, or includes,
        grand prix insignia-

is guilty of an offence. Penalty: 1000 penalty units.

(3) A person does not contravene subsection (2) if the supply, use or
assumption-

   (a)  occurs before 1 January 1996; and

   (b)  is authorised by the Australian Formula One Grand Prix Board
        established by the Australian Formula One Grand Prix Act 1984 of South
        Australia-

   (i)  by a consent under section 28a of that Act; or

   (ii) under a licence granting rights in respect of a trade mark of which
        the Australian Formula One Grand Prix Board is the registered owner
        under the Trade Marks Act 1955 of the Commonwealth.

(4) Subsection (2) does not apply in relation to goods-

   (a)  manufactured and marked with grand prix insignia before 1 January
        1996; and

   (b)  supplied before 1 February 1996-

if the manufacture, marking and supply is authorised by the Australian
Formula One Grand Prix Board established by the Australian Formula One Grand
Prix Act 1984 of South Australia-

   (c)  by a consent under section 28a of that Act; or

   (d)  under a licence granting rights in respect of a trade mark of which
        the Australian Formula One Grand Prix Board is the registered owner
        under the Trade Marks Act 1955 of the Commonwealth.

(5) Subsection (2)(a) does not apply in relation to goods marked with
grand prix insignia-

   (a)  that were manufactured and marked with those grand prix insignia
        before the commencement of this section; or

   (b)  that, although manufactured after that commencement, were manufactured
        to fulfil a contract entered into before that commencement relating to
        the supply of goods marked with grand prix insignia.

(6) Subsection (2) does not apply to-

   (a)  the supply of goods marked with grand prix insignia; or

   (b)  the use of grand prix insignia for the purpose of promoting the supply
        of goods or services-

by a person if the supply or use is of a kind that the Minister, by
instrument, has declared to be a kind of supply or use that he or she is
satisfied is not related to a Formula One event or to an
Australian Motorcycle Grand Prix event.

(7) The court by which a person is convicted of an offence against this
section may, on the application of the Corporation, order the convicted person
to pay compensation to the Corporation of an amount fixed by the court.

(8) This section does not derogate from any civil remedy that may be available
to the Corporation apart from this section in relation to goods referred to in
this section.