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Major Sporting Events (Indicia and Images) Protection and Other Legislation Amendment Bill 2021

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2019-2020-2021

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

SENATE

 

 

 

 

MAJOR SPORTING EVENTS (INDICIA AND IMAGES) PROTECTION AND OTHER LEGISLATION AMENDMENT BILL 2021

 

 

 

 

 

 

 

SUPPLEMENTARY EXPLANATORY MEMORANDUM

 

 

 

 

Amendments to be Moved on Behalf of the Government

 

 

 

 

 

 

 

 

 

 

 

(Circulated by authority of the Minister for Sport, Senator the Hon Richard Colbeck)







AMENDMENTS TO THE MAJOR SPORTING EVENTS (INDICIA AND IMAGES) PROTECTION AND OTHER LEGISLATION AMENDMENT BILL 2021

 

OUTLINE

 

The Major Sporting Events (Indicia and Images) Protection and Other Legislation Amendment Bill 2021 (the Bill) amends the Major Sporting Events (Indicia and Images) Protection Act 2014 (the Act) to provide protection against ambush marketing by association for the Fédération Internationale de Football Association (FIFA) Women’s World Cup Australia New Zealand 2023 (FIFA Women’s World Cup) and International Cricket Council (ICC) Men’s T20 World Cup 2022 (ICC T20 World Cup).

 

The amendments to the Bill address two recommendations made by the Senate Standing Committee for the Scrutiny of Bills, as follows:

 

1.       Prescribe the new FIFA entity (FWWC2023 Pty Ltd) as an event body for the FIFA Women's World Cup Australia New Zealand 2023

 

The first amendment to the Bill prescribes the now established FIFA entity in the primary legislation as an event body for the FIFA Women’s World Cup 2023. This entity was not established at the time the Bill was introduced to Parliament.

 

2.       Include at least high-level guidance on the face of the primary legislation as to the circumstances in which it would be appropriate to prescribe additional event bodies in the rules

 

The second amendment to the Bill has the effect that additional event bodies can only be prescribed through the rules where the authorising body for the event has requested, in writing, that the Minister make the rules and the Minister is satisfied that there was a delay in the establishment of the body that prevented the body from being specified by name in that Schedule, or there has been a change of name of an existing event body for the event. The capacity to prescribe additional event bodies would be considered appropriate should an unforeseen delay in establishment of an event’s organising entity occur for future events (as experienced with the delayed establishment of the FIFA entity). It would also be considered appropriate to address an event body undergoing a formal change of name which is a genuine possibility to reoccur given the number of sporting events that continue to be postponed as a result of the COVID-19 pandemic.

 

Protection of the events’ indicia and images during this period will enable tournament organisers to protect existing sponsors, attract additional sponsors, and achieve sponsorship revenue targets. In turn, this will reduce the financial impact on government.

 

 

Financial Impact Statement

Nil.

 



Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

MAJOR SPORTING EVENTS (INDICIA AND IMAGES) PROTECTION AND OTHER LEGISLATION AMENDMENT BILL 2021

 

OUTLINE

The government amendments are compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 .

Overview of the amendments

The amendments to the Major Sporting Events (Indicia and Images) Protection and Other Legislation Amendment Bill 2021 (the Bill) address two recommendations made by the Senate Standing Committee for the Scrutiny of Bills.

 

The first amendment to the Bill prescribes the newly established FIFA entity (FWWC2023 Pty Ltd) as an event body for the FIFA Women's World Cup Australia New Zealand 2023. This entity was not yet established at the time the Major Sporting Events (Indicia and Images) Protection and Other Legislation Amendment Bill 2021 (the Bill) was introduced. FIFA has since established its wholly owned entity in Australia that enables prescription as an event body within the legislation.

 

The second amendment provides that additional event bodies can only be prescribed through the rules where the authorising body for the event makes a written request to the Minister to make such rules and the Minister is satisfied that there was a delay in the establishment of the body that prevented the body from being specified by name in that Schedule, or there has been a change of name of an existing event body for the event. The mechanism of being able to prescribe additional event bodies would be considered appropriate to accommodate unforeseen or delayed requests from event owners to add new event bodies (as experienced with the delayed establishment of the FIFA entity). Another situation in which it may be appropriate for the authorising body to request the addition of a new event body through the rules is where the event body undergoes a formal change of name. Changes to the names of event bodies are a genuine possibility to reoccur given the number of sporting events that continue to be postponed as a result of the COVID-19 pandemic.

 

Human rights implications

 

A detailed Statement of Compatibility with Human Rights was prepared for the Bill. These amendments do not affect compatibility with any of the human rights or freedoms identified in that Statement.

 

Conclusion

The amendments do not engage any human rights issues beyond those identified in the original Statement of Compatibility of Human Rights prepared for the Major Sporting Events (Indicia and Images) Protection and Other Legislation Amendment Bill 2021.

 

[Circulated by the authority of the Minister for Sport, Senator the Hon Richard Colbeck]



AMENDMENTS TO THE MAJOR SPORTING EVENTS (INDICIA AND IMAGES) PROTECTION AND OTHER LEGISLATION AMENDMENT BILL 2021

 

 

NOTES ON CLAUSES

 

Amendment items 1 and 2          

 

Items 1 and 2 insert additional items in the Major Sporting Events (Indicia and Images) Protection and Other Legislation Amendment Bill 2021 (the Bill) that will amend section 9 of the Major Sporting Events (Indicia and Images) Protection Act 2014 .

 

Item 1 inserts a new item 1A in the Bill which will renumber the existing text of section 9 of the Act as subsection 9(1), as a consequence of the addition of a new subsection 9(2).

 

Item 2 inserts a new item 1B in the Bill which will insert a note and an additional subsection in section 9. The note states ‘See also subsection (2)’and will appear after the definition of event body .  Under new item 1C, new subsection 9(2) will have the effect that, for the purposes of the definition of event body in subsection 9(1), the rules may only prescribe an additional body as an event body for the purposes of a Schedule to the Act that covers a major sporting event if the authorising body for the event has requested the Minister, in writing, to make those rules and if the Minister is satisfied that there was a delay in the establishment of the body that prevented the body from being specified by name in that Schedule, or there has been a change of name of an existing event body for the event.

 

Item 2 also adds the words a body that is prescribed by the rules to the end of clause 3 of Schedule 1 as (e).

 

The effect of item 2 is to provide some appropriate control over when rules can prescribe new event bodies. This function may be used to indicate when rules can prescribe new event bodies should an ‘authorising body’ request the Minister, in writing, to recognise an additional body as an ‘event body’ for events listed in Schedules of the Act.

Amendment item 3        

Item 3 adds in a new paragraph ‘(e) a body that is prescribed by the rules’ directly after clause 3 of Schedule 1, item 3 of the Bill.

 

The effect of this change is to insert a rule making power in Schedule 1 to enable the rules to prescribe an additional body as an event body.

 

Amendment item 4       

Item 4 adds the words FWWC2023 Pty Ltd (ACN 650 853 302) in a new paragraph directly after paragraph 3(b) in Schedule 2, item 4 of the Bill.

 

The effect of this change is to identify a new event body for the FIFA Women’s World Cup Australia New Zealand 2023.