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s 10

Ambush marketing

In force
Part 3Commercial activities, broadcasting and airspace controls
Division 1Regulation of certain commercial activities

10 Ambush marketing

(1)

A person must not participate in ambush marketing in relation to a major event to which this section is declared to apply. Maximum penalty: Maximum penalty:

(a)

in the case of a body corporate—$250 000;

(b)

in the case of a natural person—$50 000.

(2)

Subsection (1) places an evidential burden on the accused to show that the accused had the written approval of the event organiser.

(3)

An authorised person may give a direction to a person who participates in ambush marketing in relation to a major event to which this section is declared to apply to do, or to cease doing, anything related to the ambush marketing, immediately or by such other time as may be directed.

(4)

A person must not fail or refuse to comply with a direction given to the person under subsection (3). Maximum penalty: Maximum penalty:

(a)

in the case of a body corporate—$250 000;

(b)

in the case of a natural person—$50 000.

(5)

An authorised person may give a direction to a person who participates in ambush marketing in relation to a major event to which this section is declared to apply, to remove from the controlled area for the event, or obscure, any item or goods being used in relation to the ambush marketing within the person's possession or under the person's control, immediately or by such other time as may be directed.

(6)

A person must not fail or refuse to comply with a direction given to the person under subsection (5). Maximum penalty: Maximum penalty: $5 000.

(7)

If a person fails or refuses to comply with a direction given under subsection (5) for the removal of an item or goods used in relation to ambush marketing, the authorised person may seize the item or goods.

(8)

In this section—

authorised person, in relation to a major event, means—

(a)

the event organiser; or

(b)

a person authorised in writing by the event organiser to exercise powers under this section.

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