Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section sets out the 2 situations in which a person is said to use a protected olympic expression for commercial purposes.
Use for commercial purposes--situation (1)
(2) For the purposes of this Chapter, if:
(a) a person (the first person ) causes a protected olympic expression to be applied to goods or services of the first person; and
(b) the application is for advertising or promotional purposes, or is likely to enhance the demand for the goods or services; and
(c) the application, to a reasonable person, would suggest that the first person is or was a sponsor of, or is or was the provider of sponsorship - like support for:
(i) the AOC; or
(ii) the IOC; or
(iii) a Summer or Winter Olympic Games; or
(iv) the organising committee for a Summer or Winter Olympic Games; or
(v) an Australian Olympic team; or
(vi) a section of an Australian Olympic team; or
(vii) an individual member of an Australian Olympic team;
then:
(d) if the expression is applied in Australia--the application is use by the first person of the expression for commercial purposes; or
(e) if:
(i) the expression is applied to goods outside Australia; and
(ii) the goods are imported into Australia for the purpose of sale or distribution; and
(iii) there is a designated owner of the goods;
the importation is use by the designated owner of the expression for commercial purposes.
Use for commercial purposes--situation (2)
(3) For the purposes of this Chapter, if:
(a) a person (the first person ), other than the AOC or a licensed user, causes a protected olympic expression to be applied to goods or services of the first person; and
(b) the application is for advertising or promotional purposes, or is likely to enhance the demand for the goods or services; and
(c) the application, to a reasonable person, would suggest that the first person is or was a sponsor of, or is or was the provider of sponsorship - like support for:
(i) the AOC; or
(ii) the IOC; or
(iii) a Summer or Winter Olympic Games; or
(iv) the organising committee for a Summer or Winter Olympic Games; or
(v) an Australian Olympic team; or
(vi) a section of an Australian Olympic team; or
(vii) an individual member of an Australian Olympic team; and
(d) any of the following conditions are satisfied in relation to a person (the second person ) other than the first person:
(i) in the case of goods or services--the second person supplies, or offers to supply, the goods or services;
(ii) in the case of goods--the second person exposes the goods for supply by the second person;
(iii) in the case of goods--the second person keeps the goods for supply by the second person or by another person;
the supply, offer, exposure or keeping, as the case may be, by the second person is use by the second person of the expression for commercial purposes.
(4) In this section:
"supply" includes:
(a) in the case of goods--supply (including re - supply) by way of sale, exchange, lease, hire or hire - purchase; and
(b) in the case of services--provide, grant or confer.