AUSTRALIA Law and Practice Contributed by: Sven Burchartz and Jessica Bell, Kalus Kenny Intelex
the stadium, including purchases of merchan - dise and food and beverage. Not only does this help clubs and sporting event organisers to increase sales of products and merchandise, it also assists in the delivery of a better spectator experience. Partnerships Historically, sports rights-holders did not have a substantial amount of information or data. However, the value of data that can be used by sports rights-holders and offered to potential partners is only increasing as AI and technol - ogy develop. This data includes information in respect of sponsorships, broadcasting rights and advertising. Sports rights-holders can also leverage data and analytics to not just encourage partners to get on board, but also to increase the value of their offering. 5.6 Data Protection In Australia, the primary piece of legislation regu - lating the collection and use of personal informa - tion is the Privacy Act 1988 (Cth) (Privacy Act). The Privacy Act only applies to certain organisa - tions and government agencies. “Personal information” is defined by the Privacy Act as “information or an opinion about an identi- fied individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opin- ion is recorded in a material form or not.” Sports data that is personal information will be subject to the requirements of the Privacy Act, which restricts the way in which that data can be collected, used and disclosed, transferred to and used by other entities.
The Australian government conducted a review of the Privacy Act in 2023. On the back of this review, the Australian government introduced harsher penalties for privacy breaches. Through - out 2024, further legislation was introduced into Parliament aimed at strengthening privacy pro - tections to better align the laws in our jurisdiction with the EU’s General Data Protection Regula - tion. Notably, the Office of the Australian Informa - tion Commissioner (Australia’s privacy regula - tor) stated that the introduction was only “first step” and that more was needed to be done to better strengthen Australia’s privacy framework. We expect to see further privacy updates in this respect over the next 12 months. Sporting associations in Australia ordinarily set their own dispute resolution procedures, which are provided for in their governing documents and in their agreements with partners. These procedures are often set out in a dispute reso - lution clause or policies which provide that the association’s internal tribunals (or another form of alternative dispute resolution) must be utilised before parties may take a dispute to court. By way of example, Motorsport Australia, Aus - tralia’s motor racing governing body, delegates its power of review and dispute resolution relat - ing to infringements and steward decisions to specialist tribunals and the Australian Motor Sport Appeal Court (AMSAC). Motorsport Aus - tralia provides specific rules and regulations as to how a protest or appeal must be lodged in order to be heard by AMSAC. 6. Dispute Resolution 6.1 National Court System
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