Major Sporting Events (Indicia and Images) Protection Rules 2014

I, PETER DUTTON, Minister for Health, make these Rules under section 58 of the Major Sporting Events (Indicia and Images) Protection Act 2014.

Dated 17 June 2014

____________________________________

PETER DUTTON

Minister for Health

Part 1 Preliminary

1. Name of Rules

2. Commencement

3. Definitions

Part 2 Interpretation

4. Action Period and Claim Period 4

Part 3 Importation of Goods 4

5. Claim for Release of Seized Goods 4

Part 4 Remedies 5

6. Damages or Accounts of Profits 5

Part 5 Protected Indicia 5

7. Asian Football Confederation Asian Cup 2015 5

Part 1 Preliminary

1 Name of Rules

These Rules are the Major Sporting Events (Indicia and Images) Protection Rules 2014.

2 Commencement

These Rules commence:

(a) if the Rules are registered before the Act commences―at the same time as the Act commences; or

(b) if the Rules are registered on or after the day on which the Act commences―on the date on which the Rules are registered,

whichever occurs first.

Note: Exercise of power conferred by an Act may be exercised before the start time as if the relevant commencement had occurred ― see section 4 of the Acts Interpretation Act 1901.

3 Definitions

Note: Terms used in these Rules have the same meaning as in the Act―see section 13 of the Legislative Instruments Act 2003.

In these Rules:

Act means the Major Sporting Events (Indicia and Images) Protection Act 2014.

Part 2 Interpretation

4 Dictionary

For section 9 Dictionary of the Act:

(a) the action period in relation to particular seized goods is 10 working days;

(b) the claim period in relation to particular seized goods is 10 working days.

Part 3 Importation of Goods

5 Claim for release of seized goods

For paragraph 29(3)(b) of the Act, the claim must include the following information:

(a) the designated owner’s full name;

(b) the designated owner’s home or business address;

(d) the designated owner’s telephone number;

(e) the grounds for seeking the release of the seized goods;

(f) if the designated owner’s home or business address is not in Australia:

(i) the full name of a person who is the designated owner’s agent in Australia;

(ii) the home or business address of a person who is the designated owner’s agent in Australia;

(iii) the address for service for the person who is the designated owner’s agent in Australia;

(iv) a telephone number for the designated owner’s agent;

(v) evidence that the person agreed to be the designated owner’s agent.

(g) if a person or body other than the agent made arrangements on the designated owner’s behalf for the seized goods to be brought to Australia:

(i) the full name of the person or body;

(ii) the home or business address of the person or body;

(iii) the address for service of the person or body;

(iv) a telephone number for the person or body.

Part 4 Remedies

6 Damages or accounts of profits

For paragraph 48(6)(b) of the Act, section 62 of the Commonwealth Games Arrangements Act 2011 (Qld) is prescribed in relation to the Gold Coast 2018 Commonwealth Games.

Part 5 Protected Indicia

7 Asian Football Confederation Asian Cup 2015

For Schedule 1, paragraph 4(1)(c) of the Act, the following expression is prescribed for the AFC Asian Cup 2015:

Asian Football Confederation.

Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au

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