Page 2543 - Week 08 - Thursday, 14 August 2014
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notice unless first satisfied according to the criteria set out in the bill. The protections are designed to ensure that major events with substantial sponsorship are protected against ambush marketing by “association” and “intrusion”.
“Ambush marketing” is a term used to describe a wide range of marketing activities by which a business seeks to associate its name, logos, products or services with an event for which it is not a sponsor. Rights protection is a critical element in attracting hosting incentives for major events. The provisions of the bill ensure protection of commercial rights and the investment made by event organisers or sponsors.
Events that are large enough to warrant a declaration to protect commercial arrangements are mostly reliant on sponsorship revenue to run and manage the event. In return for paid sponsorship, sponsors are able to publicise their support by affiliating themselves with the event. Businesses that do not pay for sponsorship, and seek to gain affiliation with the event for free, damage the reputation of the event and the management of the event.
Under the proposed legislation, it will be an offence to use a protected symbol without written permission, and to advertise in, or near, a clean zone without permission. These offences are targeted at businesses or people who seek to make a profit at someone else’s expense by cashing in on a major event.
The bill also creates offences for street trading in a clean zone, or near a clean zone, without the permission of the event organiser to do so. “Street trading” does not apply to permanent businesses, but to “pop-up” shops wanting to profit from the event without being a sponsor.
There are exceptions and defences contained within the bill to ensure that there is minimal impact on small businesses carrying on their ordinary day-to-day business. The bill also creates ticket scalping offences so that if ticket protections are declared, it will be an offence under the bill to on-sell tickets at a substantial gain, or to use tickets to obtain a financial benefit.
Ticket scalping occurs when a person sells tickets over and above the purchase price of the ticket. People who engage in ticket scalping make a substantial profit at the expense of everyday people and the purpose of these provisions is to discourage that behaviour.
Appropriate laws allowing effective management at major events can have tangible community benefits. Giving authorities the ability to effectively manage security for major events is an important part of their effective and safe management, and is important for the reputation of Canberra as a safe place to hold significant events.
The government recognises that the security and enforcement powers in this bill are significant and for that reason the government will keep the use of these powers under review. Madam Speaker, I commend this bill to the Assembly.
Debate (on motion by Mr Hanson) adjourned to the next sitting.
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