Sussan Ley (Farrer, Liberal Party, Minister for the Environment) Share this | Hansard source

I'm delighted to sum up this important bill, the Major Sporting Events (Indicia and Images) Protection and Other Legislation Amendment Bill 2021, and to thank all speakers. Listening to the member for Lalor, I was thinking she would have been pretty scary on the netball court, but I endorse the fact that she is very nice.

The purpose of the bill is to protect sponsorship and licensing revenue from the FIFA Women's World Cup Australia & New Zealand 2023 and International Cricket Council T20 World Cup 2022 from being undermined by ambush marketing. Ambush marketing is the unauthorised commercial use of event indicia, or expressions and images. This will be achieved by including the FIFA women's World Cup and T20 World Cup as recognised major sporting events under the Major Sporting Events (Indicia and Images) Protection Act 2014. The bill also removes a schedule relating to a historical sporting event, the Gold Coast 2018 Commonwealth Games, that will no longer provide protections under the act. In addition, the bill makes a minor and technical amendment to the Sport Integrity Australia Act 2020 to correct an erroneous reference to an article of the World Anti-Doping Code. The code's article numbering changed due to revisions that commenced from 1 January 2021. The bill also meets a commitment by the Australian government to provide such intellectual property rights protection for both the FIFA women's World Cup and T20 World Cup.

The bill will protect the use of a range of expressions associated with the FIFA women's World Cup and T20 World Cup from ambush marketing and unlicensed commercial use in the lead up to, during and in the immediate aftermath of each tournament. In addition to protecting specific event related terminology, the bill also provides protection to certain images that, in the circumstances of their presentation, suggest or are likely to suggest a connection with the FIFA women's World Cup and T20 World Cup. These images may either be visual or oral representations.

A number of exceptions will exist in relation to the FIFA women's World Cup and T20 World Cup, allowing for the continued operation of rights and liabilities under the Trade Marks Act 1995, Designs Act 2003 and Copyright Act 1968; the provision of information, criticism and review of the FIFA women's World Cup and T20 World Cup, such as in newspapers, magazines and broadcasts; the use of the protected indicia and images for the reasonable needs of sporting bodies in relation to fundraising and promotion; and communities and businesses to engage in city dressing and festival promotions supporting the FIFA women's World Cup and the T20 World Cup in non-commercial ways.

In line with the Australian government's deregulation agenda, the bill is not intended to increase the burden on businesses or affect their everyday operations. The bill fully protects the rights of existing holders to use FIFA women's World Cup and T20 World Cup indicia and images to carry out their business functions. The new event protections will cease to have effect after 31 December 2024 for the FIFA women's World Cup and after 13 November 2023 for the T20 World Cup—approximately one year after the completion of each event. This is consistent with other major sporting events protected by the act.

Once again, I thank members for their contributions to the debate on this bill. I commend to build the House.

See this speech in context