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(1) A person shall not engage in ambush marketing.

(2) A person engages in ambush marketing where without written authorisation of the organiser of a sporting event, that person broadcasts, displays, makes, publishes or televises any advertisement, communication statement, mark or image or causes or authorises any advertisement, communication, statement, mark or image to be broadcast, displayed, made, published or televised.

(3) A person who engages in ambush marketing, commits an offence and is liable on summary conviction to a fine of not less than five. thousand penalty units and not more than twenty thousand penalty units or to a term of imprisonment of not less than two years and not more than five years.

(4) Each day of a continuing contravention of subsection (1), constitutes a separate offence and the Court before which a person is charged shall impose a penalty of not more than fifty percent of the minimum. penalty for each day during which the offence continues.

(5) For purposes of this section, “ambush marketing" means the connecting by persons of their products with a particular sporting event in the minds of potential customers, without the consent or awareness of the organisers of the event, in order to increase sales, gain media attention and publicity and without having to pay sponsorship for the event.