Commonwealth Consolidated Acts

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MAJOR SPORTING EVENTS (INDICIA AND IMAGES) PROTECTION ACT 2014 - SECT 7

Additional operation of Act

    In addition to its effect apart from this subsection, this Act also has the effect that it would have if each reference to use for commercial purposes were a reference to:

  (a)   use for commercial purposes by:

  (i)   a corporation to which paragraph   51(xx) of the Constitution applies; or

  (ii)   a body corporate incorporated in a Territory; or

  (b)   use for commercial purposes by any person in the course of:

  (i)   trade or commerce with other countries; or

  (ii)   trade or commerce among the States; or

  (iii)   trade or commerce within a Territory, between a State and a Territory or between the Territories; or

  (iv)   the supply of goods or services to the Commonwealth, a Territory, or to an authority or instrumentality of the Commonwealth or of a Territory; or

  (c)   use for commercial purposes by any person by way of the use of, or in the course of providing, a postal, telegraphic, telephonic or other like service within the meaning of paragraph   51(v) of the Constitution; or

  (d)   use for commercial purposes of:

  (i)   a trade mark; or

  (ii)   a design that is registered, or is capable of being registered, under the Designs Act 2003 ; or

  (iii)   an artistic work in which copyright subsists; or

  (e)   use for commercial purposes by any person that detrimentally affects the rights conferred by or under this Act on an official user that is a corporation to which paragraph   51(xx) of the Constitution applies.

 



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