Carol Brown (Tasmania, Australian Labor Party, Shadow Assistant Minister for Infrastructure and Regional Tourism) Share this | Link to this | Hansard source

Labor supports this bill, the Major Sporting Events (Indicia and Images) Protection and Other Legislation Amendment Bill 2021, which does two things. It amends the Major Sporting Events (Indicia and Images) Protection Act 2014 and it amends the Sport Australia Integrity Act 2020. 2021.

The Major Sporting Events (Indicia and Images) Protection Act 2014 provides protection for major sporting events against ambush marketing, which is when unauthorised businesses associate their names, brands, products or services with a major sporting event. The act needs to be updated because it currently includes schedules for the Gold Coast 2018 Commonwealth Games—a great event which is now in the past—and the postponed ICC T20 World Cup 2020. Specifically, the bill, if passed, will remove references to the ITC T20 World Cup 2020, which has been postponed due to COVID-19, and the Gold Coast 2018 Commonwealth Games and add references to the 2023 FIFA Women's World Cup and the rescheduled ICC T20 World Cup in 2022. The amendments make the FIFA 2023 Women's World Cup and ICC T20 World Cup 2022 'major sporting events' under the legislation; insert information required to protect related intellectual property, that is, name, logo, branding et cetera; and set a period of protection.

In addition, this bill amends the Sport Integrity Australia Bill 2020. The government has tacked the amendment to the Sport Integrity Australia Act 2020 onto this bill because it is the first sport related bill before the parliament since the last amendment to the act. This bill amends the Sporting Integrity Australia Act 2020 by correcting references to articles of the World Anti-Doping Code. As a signatory to the UNESCO International Convention Against Doping in Sport, Australia is required to implement anti-doping arrangements in accordance with the principles of the wider code. Revisions to the code earlier this year resulted in changes to the numbering of articles within the code. The amendments proposed in this bill simply update the Sport Integrity Australia Bill 2020 to reflect the current article numbering.

Amendments circulated by the government respond to feedback from the Scrutiny of Bills Committee, and Labor also supports those amendments.

Finally, I refer to the proposed second reading amendment circulated by Senator Griff. Labor does not support this second reading amendment. We share and acknowledge concerns about the impact of gambling in our communities; however, holistic consideration of this important issue is needed, particularly in light of the impact of COVID-19. In 2017, Labor moved an amendment calling on the government to work with the sector on a transition plan to phase out gambling ads during live sports broadcasts. The government is running late and must implement urgent consumer protections as part of the national consumer protection framework for wagering. Labour opposes Senator Griff's second reading amendment. We support the bill and the amendments circulated by the government. I commend the bill and the amendments to the Senate.

Paul Scarr (Queensland, Liberal Party) Share this | Link to this | Hansard source

I rise to speak in favour of the Major Sporting Events (Indicia and Images) Protection and Other Legislation Amendment Bill 2021. After Senator Brown's thorough contribution to this debate, there is no need for me to speak too long on this matter. I do want to make a few points, though.

Senator Brown said that the Commonwealth Games on the Gold Coast were a past event. I say to Senator Brown, through you, Madam Deputy President: it still lives on in our memories. It still does. There were three highlights from my perspective as a Queensland based senator. One was, of course, our wonderful 4 x 100-metre freestyle relay women's team, who broke a world record at the Commonwealth Games in 2018—

Bridget McKenzie (Victoria, National Party) Share this | Link to this | Hansard source

Hear, hear!

Paul Scarr (Queensland, Liberal Party) Share this | Link to this | Hansard source

'Hear, hear,' says Senator McKenzie, as a sports lover herself. We must remember the Commonwealth Games is a very special institution. It brings together the countries of the Commonwealth, who have that special bond through their common heritage. The second highlight was that Malawi beat New Zealand in netball at the Commonwealth Games on the Gold Coast—the first time ever that Malawi beat New Zealand in netball. Thirdly, Bermuda got its first ever gold medal for a female athlete at the 2018 Commonwealth Games. So, whilst the event is over, Senator Brown, it lives on in our memories and in the memories of all those who attended, which is one of the reasons why these sporting events are absolutely crucial and why the parliament need to do all we can to ensure that the revenue streams from these sporting events are protected.

One of the key reasons for doing that is to ensure that the athletes are fully compensated and rewarded for their efforts. From my perspective, it comes back to the athletes and ensuring that the athletes are fully compensated and rewarded for their efforts. Ambush marketing, where commercial players who have not paid the piper—they haven't paid legitimately to take advantage of the event—seek to ride on the coat-tails of others, undermines that effort to make sure that the athletes in particular are fully rewarded for their efforts and the sacrifices they've made.

The two events which are covered by this legislation are, firstly, the ICC T20 World Cup, which is to be held in 2022. I wasn't a huge fan of the T20 when it started, but I've become a fan. Maybe we should have a 'T20 debate' in the Senate—a 10-minute debate instead of, at times, a 10-hour debate; that would be the Senate equivalent of T20. I love my test cricket, but I think there's a place for the T20, and I've become a fan of T20. So it's wonderful that we're getting the ICC T20 World Cup in our country.

The second event is the FIFA Women's World Cup 2023, and what a great event that's going to be. I'm sure all the senators in the chamber today will take advantage and attend the event if they can. They'll have an opportunity to attend the event in Sydney, Melbourne, Brisbane, Adelaide or Perth, and it's also going to be held in New Zealand. That's a wonderful event as well. The reason I'm so passionate about this bill is that it makes sure that the revenue streams generated by these great sporting events are maximised in favour of the athletes. With that, I commend the bill to the chamber.

Rachel Siewert (WA, Australian Greens) Share this | Link to this | Hansard source

I'm standing up particularly to focus on the issue that Senator Griff also wanted to speak about, which is gambling and sport. In fact, Senator Griff has circulated a second reading amendment, which I will move for him very shortly. Basically, his second reading amendment acknowledges that the current rules around gambling ads appearing on TV or radio or online are harming Australian children and are not fit for purpose, and it calls on the government to ban all gambling ads.

The problem here is the proliferation of gambling ads during streaming and while these events are being broadcast on TV and radio and online. Anybody that has tuned into some of these events can see these gambling ads. It's extremely concerning. The impact on Australian children is concerning. This is about addicting Australia's children to gambling. I acknowledge it interacts with other issues around gambling, but it's habituating children to this, and children are being exposed to it far too often. So I move the second reading amendment that Senator Griff has circulated in the chamber:

At the end of the motion, add ", but the Senate:

(a) acknowledges that the current rules around gambling ads appearing on TV, radio or online are harming Australian children and are not fit for purpose; and

(b) calls on the Government to ban all gambling ads".

Bridget McKenzie (Victoria, National Party) Share this | Link to this | Hansard source

My advice is that gambling promotion is regulated by an entire suite of separate frameworks, depending on the content. Scheduling of gambling promotion is regulated by co-regulated codes of practice developed by industry in consultation with the Australian Communications and Media Authority. I table a supplementary explanatory memorandum relating to the government amendments to be moved to the Major Sporting Events (Indicia and Images) Protection and Other Legislation Amendment Bill 2021.

The purpose of the bill is to protect sponsorship and licensing revenue from the FIFA World Cup Australia New Zealand 2023—and I, like Senator Scarr and probably everyone else in this chamber, can't wait for that fabulous event to arrive on our shores—and the ICC T20 World Cup 2022 from being undermined by ambush marketing. Ambush marketing is the unauthorised commercial use of event expressions and images. This will be achieved by including the FIFA Women's World Cup and the T20 World Cup as recognised major sporting events under this legislation.

The bill also removes the schedule relating to a historical sporting event that will no longer provide protections under the act, being the Gold Coast 2018 Commonwealth Games. In addition, the bill makes a minor and technical amendment to the Sport Integrity Australia Act 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 is consistent with the approach that the Australian government took when it legislated to protect these images for the ICC T20 Women's Cricket World Cup 2020, the Gold Coast 2018 Commonwealth Games, the AFC Asian Cup 2015 and the ICC Cricket World Cup 2015. It also meets a commitment by the government to provide such intellectual property rights protection for both the FIFA Women's World Cup and the T20 World Cup.

The hosting of these two events in Australia provides a unique opportunity to showcase our country to the world from a tourism, trade and event delivery perspective. It will further strengthen Australia's reputation as a world-class host of major international sporting events, with the Australian government playing a critical role in facilitating the appropriate environment that makes such success possible.

The FIFA Women's World Cup will see 32 teams compete across Australia and New Zealand. It will be the first FIFA Women's World Cup to be held in the Asia-Pacific region and the first ever to be held in the Southern Hemisphere. The FIFA Women's World Cup teams will include many of the world's most talented female footballers and will showcase international football to diverse audiences in Australia and around the world. The FIFA Women's World Cup tournament is scheduled for July-August 2023, with five Australian cities to host match content.

The T20 World Cup will see 16 of the world's-best men's teams come to Australia to play T20 cricket, with potential broadcast and digital audiences reaching in excess of 1.5 billion people from more than 200 countries worldwide. These T20 World Cup teams will represent the pinnacle of international sporting competition and include some of the world's most talented male cricketers. The T20 World Cup tournament is scheduled for October-November 2022.

For the owners and organisers of these events, this international profile provides the opportunity to showcase the sports of football and cricket to existing and new audiences, to build a legacy and to attract commercial partners that will invest in the event and the sports of football and cricket in the future. Event owners and organisers rely heavily on the revenue generated by television rights, ticket sales, sponsorship and licensing to ensure their event can be delivered and continues to be an attractive and viable financial proposition to future host countries. It is this profile and the commercial realities that necessitate the sorts of protections for the FIFA Women's World Cup and T20 World Cup that are in the bill.

Major events have long been targets of those who would seek to create an impression of association with an event in order to achieve commercial gain without having purchased the rights and, therefore, invested in the sport to claim that association. This act is known as ambush marketing by association. It has the capacity to diminish the value of sponsorship, reduce the incentive for organisations to enter into commercial arrangements with events and reduce the overall event revenue. In turn, this has the ability to increase the financial impact on government to support such events.

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

While it's important to protect tournament sponsors from ambush marketing, the rights of the community to freedom of expression must also be respected, particularly in relation to words that have passed into common usage. A pragmatic approach has been taken with generic words and references excluded from the list of protected expressions. It must also be emphasised that restrictions on the usage of FIFA Women's World Cup and T20 World Cup indicia and images will apply only to their unlicensed commercial use. A number of exceptions will exist in relation to the FIFA Women's World and the T20 World Cup, allowing for the continued operation of rights and liabilities under the Trade Marks Act 1995, the Design Act 2003 and the Copyright Act 1968; the provision of information, criticism and review of the FIFA Women's World Cup and the T20 World Cup, such as in newspapers, magazines and broadcasts; use of the protected indicia and images for the reasonable needs of sporting bodies in relation to fundraising and promotion; and engagement by communities and businesses in city dressing and festival promotions supporting these events in non-commercial ways.

In line with the Australian government's deregulation agenda, the bill is not intended to increase the burden on business 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 images and indicia to carry out their business functions. The new 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, approximately one year after the completion of each event. This is consistent with other major sporting events protected by the act.

Helen Polley (Tasmania, Australian Labor Party) Share this | Link to this | Hansard source

The question is that the amendment moved by Senator Siewert on behalf of Senator Griff be agreed to.

Question negatived.

Rachel Siewert (WA, Australian Greens) Share this | Link to this | Hansard source

by leave—Could you record the Greens' support for that amendment, please.

Gerard Rennick (Queensland, Liberal Party) Share this | Link to this | Hansard source

by leave—Could I register my support for that amendment too, please.

Helen Polley (Tasmania, Australian Labor Party) Share this | Link to this | Hansard source

The motion now before the chair is that the bill be read a second time.

Question agreed to.

Bill read a second time.