Victorian Consolidated Legislation

Major Sporting Events Act 2009 - SECT 38

Offence to use protected event logos or images or protected event references without authorisation

38. Offence to use protected event logos or images or protected event
references without authorisation



(1) A person must not use-

   (a)  protected event logos or images or protected event references in
        relation to an event to which this Division of this Part applies; or

   (b)  any thing that is substantially identical to or deceptively similar to
        protected event logos or images or protected event references in
        relation to an event to which this Division of this Part applies-



if the use-

   (c)  is for commercial purposes; or

   (d)  is for promotional, advertising or marketing purposes, whether or not
        for commercial gain; or

   (e)  would suggest a sponsorship-like arrangement to a reasonable person.

Penalty: 100 penalty units, in the case of a natural person; 600 penalty
units, in the case of a body corporate.

(2) Subsection (1) does not apply to-

   (a)  any use of protected event logos or images or protected event
        references that has been authorised under section 32 by the event
        organiser for that event; or

   (b)  any use of protected event logos or images or protected event
        references that has been authorised under section 33 by the Minister
        in respect of that event; or

   (c)  any use of protected event logos or images or protected event
        references in accordance with section 36; or

   (d)  any use of protected event logos or images or protected event
        references or any other logos or images that is otherwise authorised
        by or under this Act or any other law.