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Melbourne 2006 Commonwealth Games Aerial Advertising Policy

Under the Commonwealth Games Arrangements Act 2001 (Vic) (“the Act”), it is an offence to display an advertisement, or cause an advertisement to be displayed during March 2006 in airspace within sight of a Commonwealth Games venue, or a Commonwealth Games event, without an aerial advertising permit.

This document sets out the M2006 policy for issuing aerial advertising permits under the Act.

If you wish to apply for an aerial advertising permit, please complete the Melbourne 2006 Commonwealth Games Application for Aerial Advertising Permit.

1. When is a permit required?

No permits are required for airborne objects/signs which do not display an advertisement. Restrictions under the Act apply only to “advertisements” (see Clause 1.1.1).

For example, an unbranded balloon in a traditional “balloon shape” will not require an aerial advertising permit because it does not advertise a particular product/service. Other balloons will be dealt with under the different categories of "competitor advertising" (see Clause 2.3), or "non-competitor advertising" (see Clause 2.4).

1.1 Aerial advertising visible from venues or events

A permit must be obtained for any aerial advertisement which can be seen from a venue, or an event, during March 2006. In the absence of a permit, any such aerial advertising will breach the Act.

The meaning of the terms “advertisement”, “venue” and “event” are set out below.

If an operator cannot control the flight path of the aircraft bearing the advertisement (eg. a hot air balloon, blimp or glider which travels according to prevailing winds), and there is a possibility that the aerial advertising will be visible from a venue or event, then the operator must obtain a permit to avoid breaching the Act.

1.1.1 Meaning of “advertisement”

“Advertisement” includes:

(a) skywriting or sign writing by an aircraft;

(b) a banner or other sign towed by or attached to an aircraft;

(c) matter displayed on an aircraft, other than its normal markings and livery;

(d) matter displayed on –
(i) a hang glider, parachute, paraglider or similar device, other than its normal markings; or
(ii) a banner or sign attached to a hang glider, parachute, paraglider or similar device;

(e) a banner or sign attached to a person suspended from a hang glider, parachute, paraglider or similar device;

(f) matter displayed on a flag, other than a state or national flag, that has an area of more than 5 square metres;

(g) any laser or digital projection of advertising.

“Aircraft” is defined to include “airship, blimp, hot-air balloon and helicopter”.

For example, an advertisement includes the branding on a hot air balloon.

1.1.2 Meaning of “event”

“Event” means an event conducted as part of the Commonwealth Games and includes:

(a) a sporting event;

(b) the Queen’s Baton Relay;

(c) a test event;

(d) a live site associated with the Commonwealth Games;

(e) a cultural event associated with the Commonwealth Games.

1.1.3 Meaning of “venue”

“Venue” means an area declared by the Minister to be a Commonwealth Games venue. The current venues proposed to be used for the Commonwealth Games are listed in Schedule 2. This list may be updated from time to time.

2. Guidelines for granting permits

The guidelines which M2006 will follow when granting aerial advertising permits are set out below. A table summarising the guidelines is set out under clause 2.7.

Note that any aerial advertising for which a permit is granted must also comply with all other legislation, regulations and policies (relating to such matters as air safety and terrorism) which apply to the aircraft and/or aerial advertising during March 2006.

2.1 Sponsor advertising

Permits will be granted for aerial advertising by sponsors of M2006 which can be seen from a venue or an event at any time during March 2006.

2.2 Offensive advertising

Permits will not be granted for any advertising which M2006 considers to be offensive or inconsistent with the principles and spirit of the Commonwealth Games.

2.3 Competitor’s advertising

A “competitor” is any person or entity which provides products and/or services of a similar nature to Games sponsors within the business category set out in Schedule 3.

Games Period

During the Games Period (15 March 2006 to 26 March 2006), permits are unlikely to be granted for aerial advertising by competitors which is visible from a venue on the day of an event at the venue or while the venue is being used for Games-related purposes. On all other days, aerial advertising permits will generally be granted for competitor’s advertising.

A permit will generally be granted for aerial advertising of competitors of M2006 sponsors if the applicant obtains prior written permission from the relevant sponsor.

Before the Games

Between 1 March 2006 and 14 March 2006, permits will generally be granted for aerial advertising by competitors, provided it does not have a significant visual impact on the Queen’s Baton Relay or the Athlete’s Village. The Queen’s Baton Relay will be conducted in Victoria from 1-9 March 2006, and then from 13 – 15 March 2006.

After the Games

From 27 March 2006 until 31 March 2006, M2006 will generally grant permits for aerial advertising.

2.4 Non-competitor’s advertising

Games Period

During the Games Period (15 March 2006 to 26 March 2006), permits are unlikely to be granted for aerial advertising by non-competitors which is visible during an event, or a period of one hour before or after an event. At all other times, aerial advertising permits will generally be granted for non-competitor’s advertising.

Before and After the Games

M2006 will generally grant permits for aerial advertising by non-competitors.

2.5 Non-commercial advertising

A permit is required for non-commercial advertising conveyed via an aerial advertisement which can be seen from a venue or an event during March 2006. M2006 is likely to grant permits for non-commercial advertising provided it is consistent with the spirit and principles of the Commonwealth Games (see 2.2 above).

2.6 Airborne objects/signs which do not comprise advertising

The restrictions under the Act apply only to “advertising”. Therefore, no permits are required under the Act for airborne objects/signs which do not advertise a product/service.

Examples:
• An airborne sign congratulating an athlete on their performance (without reference to any commercial organisation) would not require an aerial advertising permit because it does not advertise a particular product/service.
• An unbranded balloon in a traditional “balloon shape” would not require an aerial advertising permit because it does not advertise a particular product/service. However, an unbranded balloon in the shape of an object which is sufficiently distinctive to denote a particular trader or product would require an aerial advertising permit.

2.7 Summary of Guidelines

The table below summarises the guidelines for issuing aerial advertising permits under the Act during March 2006.

1-14 March 15-26 March 27-31 March
Sponsor Permit generally granted Permit generally granted Permit generally granted
Competitor of Sponsor Permit generally granted provided no significant visual impact on QBR or athlete's village Permit unlikely to be granted if visible from venue on day of event or while venue being used for Games-related purposes Permit generally granted
Non-Competitor of Sponsor Permit generally granted Permit unlikely to be granted if visible during an event or a period one hour before/after an event Permit generally granted
Non commercial advertising Permit generally granted Permit generally granted Permit generally granted
Airborne object/sign which does not comprise advertising No permit required No permit required No permit required


3. Application for a permit

Any person seeking a permit must complete the application form, attached in Schedule 1, and submit the form and supporting documents to M2006. M2006 may seek further information from the applicant in order to assess the application.

Applications after 31 December 2005 will not be accepted, except at the discretion of M2006.

4. Assessment of applications

All applicants will be sent a letter/email confirming receipt of their application, and advising that a response should be issued by M2006 within one month.

Applications will be assessed by the “Aerial Advertising Team” comprising the following M2006 personnel:

• General Manager – Marketing & Communications
• General Manager – Sales & Commercial
• Group Manager - Marketing
• Legal Counsel - Brand Protection
• Nominee of the Executive Director of the Office of Commonwealth Games Co-ordination

The Aerial Advertising Team will seek to provide a response to each applicant within one month of submission of their application, if possible.

5. Grant of permits

Applicants will be sent a letter advising of the outcome of their application.

5.1 Successful applications

The letter sent to successful applicants will comprise the aerial advertising permit. The letter will confirm the parameters of the permit, including:

• Company details of successful applicant
• Permitted advertisement / artwork
• Aircraft
• Dates and times
• Flight path

Details of all permits issued will be recorded on a database.

M2006 reserves the right to amend or revoke an aerial advertising permit by notice in writing, if the circumstances in which it was granted subsequently change, including:

• the date, time or location of events change
• M2006 signs up a new sponsor in a business category which competes with the business promoted in the aerial advertisement

In the case where M2006 amends or revokes the permit, M2006 will endeavour to convey this message as soon as reasonably possible and explain the reason for the change.

Applicants must be made aware that in addition to obtaining an aerial advertising permit under the Act, the applicant must still seek and obtain all other permits and authorisations required by law to conduct the proposed aerial advertising. For safety and security reasons, these other permits and authorisations may impose additional restrictions or prohibitions on flights around and during Games time.

5.2 Unsuccessful applications

Unsuccessful applicants will be advised of the reasons why their application was declined, and will be invited to re-submit the application if they wish.

A database of unsuccessful applicants will be maintained.

6. Penalties

Penalties apply to persons or companies which display aerial advertisements which are prohibited under the Act for which no permit has been obtained.

The penalty for a natural person is $ 40,000 and the penalty for a corporation is $240, 000.

Schedule 1

If you wish to apply for an aerial advertising permit, please complete the Melbourne 2006 Commonwealth Games Application for Aerial Advertising Permit and return to:

General Manager – Marketing and Communications
Aerial Advertising Team
Melbourne 2006 Commonwealth Games Corporation
Concourse Level
World Trade Centre
Siddeley St
Melbourne 3000

Schedule 2 – Venues

(1) Competition Venues

View the map of Melbourne 2006 Commonwealth Games Competition Venues.

This map may be updated from time to time.

(2) Non-Competition Venues

M2006 is currently in negotiations with the following non-competition venues. In the event that agreement is reached, Venues will include:

(a) Athletes Village, Bendigo
(b) Commonwealth Games Village
(c) Games Headquarters
(d) Games Operations Centre
(e) Games Warehouse
(f) International Broadcast Centre
(g) Main Press Centre
(h) Games Accreditation and Uniform Centre (including Media Accreditation)
(i) Cultural Program Venues
(j) Live Sites

Schedule 3 – Games Sponsors

This list will be updated from time to time.

View the Melbourne 2006 Commonwealth Games Sponsor Family.


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