Criminal Offences Relating to Doping in Australia

Australia does not have any legislation that specifically criminalises doping in sport. Instead, the Australian Commonwealth and each of the states and territories have enacted legislation that criminalises certain conduct constituting a violation of the World Anti-Doping Agency’s (“WADA”) anti-doping rules, such as:

• Australia’s Commonwealth Criminal Code Act 1995 criminalises the trafficking of certain substances that also appear on the WADA’s list of substances and methods as being prohibited both in and out of competition, and in particular sports (World Anti-Doping Code Prohibited List); and
• Australia’s Customs Act 1901 and Customs (Prohibited Imports) Regulations 1956 criminalise the importation of certain substances that also appear on the World Anti-Doping Code Prohibited List – this type of offence is punishable by up to five years’ imprisonment and/or up to 1,000 penalty units.

Commonwealth and state and territory legislation in Australia also prohibits the use or administration of a substance on the World Anti-Doping Code Prohibited List without an appropriate medical or therapeutic justification.

Implementation of the World Anti-Doping Code in Australia

Australia is a signatory to the UNESCO International Convention against Doping in Sport and is therefore required to implement an anti-doping scheme in accordance with the principles of the World Anti-Doping Code.

Sport Integrity Australia implements the World Anti-Doping Code by way of a legislative framework comprising the Sport Integrity Australia Act 2020 and the Sport Integrity Australia Regulations 2020 (in particular, Schedule 2 – the National Anti-Doping Scheme).

Sport Integrity Australia collaborates with WADA, international anti-doping organisations and other stakeholders on an ongoing basis to ensure (by way of regular amendments) that Australia’s National Anti-Doping legislation remains consistent with the World Anti-Doping Code.

Punishment for Doping Offences

Sporting associations and leagues in Australia impose sanctions for doping offences under their own anti-doping policies, which align with the National Anti-Doping Scheme and the World Anti-Doping Code. Major bodies (including the AFL, NRL, Cricket Australia, Motorsport Australia and Football Australia) have authority under these policies to impose suspensions, disqualifications and other disciplinary measures for anti-doping rule violations.

Recent Case Example

A recent case in Australian sport is that of two-time Grand Slam doubles tennis champion Max Purcell, who was provisionally suspended in December 2024 by the International Tennis Integrity Agency (“ITIA”) for unknowingly receiving over 500 millilitres of IV vitamin infusions in late 2023 that exceeded allowable limits. The permitted limit of IV infusions of vitamins is 100 millilitres in a 12-hour timeframe, leading to Purcell’s conduct breaching Article 2.2 of the Tennis Anti-Doping Programme.

The suspension means that Purcell cannot play, coach or attend any tennis event authorised or sanctioned by members of the ITIA. Purcell also forfeited results and prize money earned from 16 December 2023 to 3 February 2024. Purcell’s suspension ends on 11 June 2026.

Legislative Measures

Match-fixing

In 2011, the Australian Commonwealth, and State and Territory Governments agreed to a National Policy on Match-Fixing in Sport (the “National Policy”), in an effort to “pursue (...) a consistent approach to criminal offences, including legislation by relevant jurisdictions, in relation to match-fixing that provides an effective deterrent and sufficient penalties to reflect the seriousness of offences, as provided for in Part 4.3 of the National Policy.” A number of Australia’s states and territories have since enacted legislative arrangements covering certain match-fixing behaviours, with penalties including a maximum of seven to ten years’ imprisonment.

By way of example, Part 4ACA of the Crimes Act 1900 (NSW) criminalises conduct that is likely to affect the outcome of any type of betting on any event (that is lawful to bet on in any state, territory or the Commonwealth), and which does not meet the standard of integrity that a reasonable person would expect of those in the positions that affect this outcome (ie, corrupt conduct).

Cheating, bribery, fraud and other offences

In addition to match-fixing laws, a range of Commonwealth, state and territory laws apply to athlete and official misconduct involving cheating, bribery, fraud or gambling. These include criminal offences such as bribery, corruption, fraud, misuse of information and obtaining a financial advantage by deception, which may apply where sporting events are manipulated for personal or third-party gain. Gambling legislation at both the Commonwealth and state levels further regulates betting behaviour by prohibiting corrupt or deceptive conduct connected with wagering on sport.

Role of Governing Bodies

Athlete misconduct, including match-fixing and other forms of cheating in sport, is regulated by the relevant sporting code’s governing body in accordance with the specific rules and the guidelines of participation and integrity framework in that particular sport. Depending on the nature and seriousness of the conduct, athlete misconduct can trigger suspension or, in more serious cases, the termination of an athlete’s contract.

Recent Case Example

The actions of former Australian Test Cricket captain Tim Paine, in 2017 (which came to light in 2020), serve as a stark reminder of the consequences of misconduct in Australian sport. Paine was accused of sending sexually explicit and unsolicited text messages to a former Cricket Tasmania employee. As a result, he lost the support of the Cricket Australia board and was reportedly forced to stand down from his captaincy. He has not played in the Australian side since retiring from first-class cricket in March 2023.

No National Authority Regulating Sports Betting in Australia

Sports betting is not illegal in Australia, and there is no single overarching statute or authority regulating gambling activities, including betting, in the country.

Sports betting is, however, separately regulated by way of a series of federal statutes and by separate legislative frameworks in each of Australia’s eight mainland states and territories. By way of example, the Victorian Gambling and Casino Control Commission Act 2011 establishes the Victorian Gambling and Casino Control Commission (“VGCCC”, formerly known as the Victorian Commission for Gambling and Liquor Regulation), which is empowered to regulate the gambling and liquor industries in Victoria.

Regulation of the Betting Activities of Professional Athletes

The betting activities of professional athletes are often regulated more strictly than those of non-athletes by the governing body of their sport. The AFL, for example, prohibits players from betting on AFL matches and, in 2022, fined Rhys Nicholls AUD5,000 and banned him from playing for two matches after he placed bets on ten games during the 2021 AFL season.

More recently, these regulatory and enforcement measures have extended beyond domestic competition. In August 2025, former A-League player Riku Danzaki, of Western United, pleaded guilty to deliberately receiving yellow cards as part of a betting fraud involving amateur player Yuta Hirayama. Hirayama placed bets on the number of yellow cards Danzaki would receive during his matches on 27 April, 3 May and 9 May 2025, with Danzaki earning AUD16,000 from these bets.

Protecting the Integrity of Sport – Information Sharing

In certain Australian states, organisations that obtain Sports Controlling Body (“SCB”) status through regulatory approval (for example, from the Victorian Gambling and Casino Control Commission) are permitted to enter into agreements with sports betting providers to offer designated sports betting services and receive a financial benefit in exchange.

This also allows those SCBs to share information with betting operators – for example, in order to protect and support integrity in their sport. The intention of such a framework is to promote confidence in Australian sports and any associated betting activities.

Each of the major sporting codes in Australia has developed and implemented its own integrity unit, tribunal or similar body to manage disciplinary proceedings against athletes. The steps taken by each of those bodies in respect of investigating and penalising doping, integrity, betting and other offences differ among the codes.

By way of example, Rugby Australia has implemented a mandatory reporting scheme under which “participants” in rugby (including players, coaches, managers, and agents) are required to immediately report any breaches of its Anti-Corruption and Betting Policy to an appointed Integrity Officer. That Integrity Officer is then empowered to investigate the breach, issue a written breach notice to the relevant participant and, if requested, establish an integrity tribunal to conduct a hearing in relation to the alleged breach.

Ticketing Rights

One of the most notable sports-related commercial rights to be exploited in Australia relates to ticketing. The Australian ticket market is significant and comprises both primary and secondary markets.

The term “primary ticket sales” refers to a situation where tickets are first sold by an official ticket seller, whereas the term “secondary market” refers to a situation where those primary tickets are resold.

The Secondary Ticketing Market

The secondary market for tickets in Australia comprises two main components, as follows:

• authorised on-selling, whereby sporting bodies, such as Tennis Australia or the AFL, authorise other entities, such as travel companies, to purchase tickets to a sporting event and on-sell them to their customers; and
• ticket scalping, whereby ticket scalpers resell tickets at an elevated price.

Scalping

There is no federal legislation making scalping illegal in Australia. Instead, ticket resale for sporting and entertainment events is regulated by various consumer protections under the Australian Consumer Law and state/territory-specific legislation, which set out the manner and terms on which tickets can be resold and may impose restrictions or even prohibitions on scalping in that jurisdiction.

By way of example, in Victoria in 2022, amendments to the Major Events Act 2009 made it an offence to advertise or sell a ticket package to a declared event without the written authorisation of the seller. The amendments also require that resellers of all tickets to declared major events now state the face value, the asking price and the seat details of tickets in sale advertisements.

Merchandising and Hospitality

Beyond ticketing, clubs, teams, event organisers and governing bodies commonly monetise their intellectual property through merchandising and premium hospitality. Intellectual property (including names, logos and colours) is licensed for use on apparel, equipment and memorabilia, with rights protected through trade mark law and contractual arrangements. Premium hospitality packages, such as corporate boxes, VIP seating and exclusive access, are typically managed centrally and licensed to authorised providers under strict conditions to preserve exclusivity and prevent unauthorised resale.

In Australia, many sports sponsors use their sponsorship rights as a marketing tool. Sponsors generally leverage the platform that a sports rights-holder can offer in order to increase public awareness of their brand and, in turn, the value of their business. The affiliation with a sports rights-holder can, in certain circumstances, improve the sponsor’s corporate image by leveraging the strong reputation and brand of a sporting team or athlete.

Sponsors commonly exercise their rights through integrated marketing campaigns, digital content, athlete appearances, in-stadium branding, hospitality and promotional events and, subject to privacy and consent requirements, through targeted marketing.

Attracting Sponsors to Sport

Sports rights-holders use sponsors to generate revenue for their business through sponsorship fees and attract sponsor investment by offering a range of commercial rights. Traditionally, these rights include the right to use the sports rights-holder’s brand and athlete imagery, branding on athlete kits and at sporting events. Sponsorship agreements may also offer customised content featuring athletes and team members, the right to feature on the sports rights-holder’s social media channels and the use of the fan databases for marketing purposes. Rights-holders also rely on audience metrics, broadcast reach, digital engagement statistics and demographic data to demonstrate the commercial value of their platform to potential sponsors.

Key Provisions of Sponsorship Agreements in Australia

The key provisions in any sponsorship agreement are designed to protect both parties’ brand integrity and ensure clarity around the commercial relationship, and typically include clauses relating to exclusivity, payment terms, sponsor benefits, intellectual property rights, deliverable obligations on the rights-holder, morality and conduct clauses and termination conditions.

Exploiting Broadcasting Rights

Traditionally, broadcasters in Australia exploit available broadcasting rights by selling advertising space on their channels (especially on free-to-air channels) and by other means, including subscription services such as pay-TV (Foxtel) and streaming platforms (Kayo, Stan Sport, Amazon Prime). They may also generate revenue through sponsorship and integration, such as branded segments, in-broadcast advertising and naming rights, as well as digital and on-demand content. Broadcasters may also license content internationally to sell rights to overseas networks or platforms.

Broadcasting rights are among the most valuable rights available to sports rights-holders in Australia. Broadcasters often seek exclusivity in the broadcasting rights to certain sports events because they can exploit those rights to encourage businesses to purchase advertising space on their channels during high-viewership periods.

By way of example, in 2025, Supercars entered into a four-year, AUD200 million deal with the Foxtel Group and Seven West Media, securing the live broadcast of all Supercars events on Foxtel/Kayo, including the Repco Supercars Championships, expanding Supercars’ international presence. The Seven Network will also provide free-to-air coverage for six key rounds.

Exclusivity of Broadcasting Rights

Broadcasting rights in Australia are often sold on an exclusive basis, meaning that the sale of particular rights to a television channel or provider often precludes their sale to another television company.

However, Australia’s anti-siphoning laws require certain events (such as the AFL premiership competition) to be made available free of charge to the general public. Interestingly, in the case of the AFL Grand Final, the match is only broadcast live on a free-to-air television channel, and available on pay-TV on delay.

Venue Access and Intellectual Property Rights

Broadcasters require venue access licences from event organisers or stadium operators to enter the venue, install equipment and film the event, covering matters such as camera positions, technical infrastructure, staff access, use of captured footage, and compliance with venue rules and safety requirements. While broadcasters generally own the intellectual property in the broadcast (including audiovisual feeds, commentary and graphics), those rights remain subject to restrictions imposed by the sports rights-holder, which typically retains control over official logos, trade marks and event branding, approval rights over their use in broadcasts, and limited rights to use footage for promotional purposes.

The High Court of Australia in Victoria Park Racing & Recreation Grounds Co Ltd v Taylor [1937] HCA 45 found that, while event organisers may make a profit by charging entrance to a private area in which a spectacle (ie, a sporting event) is being held, no proprietary rights exist in the spectacle itself.

Organisers of sporting events must then find different ways to control rights at a particular sporting event. As sporting events are generally held on private property, event organisers have the right to issue admission requirements for attendees.

Each state and territory in Australia has its own statutory regime that prohibits the unauthorised broadcasting of sporting events. For example, in Victoria, Sections 43 and 44 of the Major Events Act 2009 (Vic) make it a crime to broadcast, telecast, videotape or record a sporting event without prior authorisation from the organisers. In addition, the Australian Consumer Law provides consumer protection by regulating misleading and deceptive conduct and unfair contract terms. Work health and safety, liquor, security and public order laws also govern large events, while privacy legislation applies to the collection and use of attendee data, including CCTV and ticketing information.

Management of Sporting Events

Each state and territory in Australia has legislated independently on the issue of event organisation, management and supervision. In recent years, a number of legislative repeals have been enacted to better protect the interests of event organisers, including in relation to ticket sales and resales, particularly in relation to ticket scalping, as outlined in 2.1 Available Sports-Related Rights.

Governing Participation

Participation in sport is governed by competition rules and regulations set by the relevant sporting body, eligibility criteria, qualification pathways, and compliance with anti–doping rules. By way of example:

• codes of conduct and integrity policies;
• disciplinary frameworks;
• anti-doping policies; and
• athletes, officials and teams must agree to the rules of the relevant sport as a condition of participation.

Duty of Care

In Australia, a legal person may be held liable for their failure to take reasonable care to avoid causing injury or loss to another person (negligence). One of the key requirements in proving that a person has been negligent is to show that the “negligent” person owed a duty of care to the person who was ultimately harmed, or who suffered a loss.

Although the tort of negligence and the principle of a duty of care were traditionally developed in Australia by way of the common law, each state and territory has legislated (to varying degrees) in relation to the general concept, such as the Wrongs Act 1958 (Vic). Each Act supplements the common law by addressing the standard of care, causation and available defences. In practice, sports event organisers generally owe a duty of care to participants, staff and spectators. Athletes also owe a duty of care to event attendees and can be liable if they create unnecessary risk to spectators, or engage in deliberately violent or reckless behaviour.

Limiting Liability

Liability in negligence can be limited by agreement between the relevant parties, including through participant agreements, disclaimers and contractual waivers for spectators, often included in ticket terms and conditions.

Any agreement should explicitly identify the limitation or exclusion of certain liability, as broad wording such as “all liability is excluded” will not ordinarily be construed by Australian courts to apply liability limitations or exclusions to liability for negligence.

Liability That Cannot Be Excluded

Under Australian law, event organisers cannot exclude liability for:

• death or personal injury caused by breaches of Australian Consumer Law;
• reckless conduct;
• workplace health and safety obligations;
• criminal conduct; or
• unfair contract terms, including overly broad waivers.

Keeping Sporting Events Safe

Event organisers may maintain safety and public order by:

• complying with workplace health and safety laws;
• applying liquor licensing controls;
• banning or removing violent or disruptive spectators;
• providing mechanisms for spectators to report misconduct;
• implementing emergency management and evacuation procedures;
• using surveillance and controlled entry systems; and
• managing crowds, including restricting prohibited items.

There is no blanket legal requirement in Australia for a sporting club (whether professional, amateur, commercial or non-profit) to become incorporated. To limit the liability of members and officers, the most common structure of a sporting club is:

• an incorporated association under the applicable state or territory legislation (the Associations Incorporations Acts);
• a company limited by guarantee under the Corporations Act 2001 (Cth) (eg, Football Australia and Swimming Australia); or
• a company limited by shares (eg, some NRL, AFL and A-League clubs).

However, there are circumstances in which governing bodies require local clubs to be incorporated. For example, AFL NSW/ACT, the state body responsible for the growth of the AFL in New South Wales and the Australian Capital Territory, requires local football clubs to be incorporated to ensure that the legal rights and obligations of the clubs are not borne by their members.

The choice of legal structure for a sporting organisation depends on its size, purpose, and objectives. Small, not-for-profit clubs often do not require the more complex governance and reporting obligations of a corporate structure. Whereas for-profit organisations are typically larger, may have paid staff, seek external investment, and operate more like a normal business, which necessitates a higher level of governance and oversight.

Sports Governance Principles

In March 2020, the Australian Sports Commission released a revised version of its Sport Governance Principles (the “Principles”), developed to guide Australian sporting organisations in delivering good governance. The Principles apply to all organisations throughout the Australian sporting sector, whether they are small local clubs or large national organisations.

Directors’ Duties

The Principles themselves are not mandatory, but directors of sporting organisations are required to comply with the same behavioural requirements as any other company director in Australia, as outlined in the Corporations Act 2001 (Cth). This includes complying with a number of directors’ duties such as the duty of care, skill and diligence, the requirement to avoid conflicts of interest and the duty to act in good faith. These duties also apply under state and territory legislation for incorporated associations and for sporting organisations that are registered charities.

Insolvent Trading

Section 95A of the Corporations Act prohibits directors of corporations, including sporting organisations, from allowing a corporation to trade while insolvent. A sporting organisation will be considered insolvent if it is unable to pay its debts as and when they become due and payable.

Consequences of insolvent trading may include:

• directors being personally liable for debts;
• civil penalties;
• criminal charges;
• winding up and liquidation; and
• disqualification of directors from managing any corporations for a period of time.

Other Relevant Rules

Many sporting organisations have additional internal governance policies, including fit and proper person tests for officeholders, background checks and conflict-of-interest rules.

At a series or competition level, there are often agreements in place between clubs or teams and the organisation responsible for running the series or competition. These agreements typically include rules relating to eligibility to participate, ongoing compliance obligations, and a requirement that any change in ownership of a club or team be approved by the series or competition organiser.

By way of example, the AFL operates a club licensing framework, while the NRL and Supercars each have ownership (or change-of-ownership) approval processes for clubs or teams.

Consequences for Non-Compliance

In addition to the consequences outlined above in relation to insolvent trading, there may be consequences for failing to meet governance requirements. These will depend on the sport, the competition structure and the relevant governing body. Consequences may include:

• loss, suspension or reduction in funding;
• ineligibility to remain in the competition;
• external intervention in the club/team; or
• reputational damage to the club/team.

Australian sport is funded through a mix of government funding and private investment. At the federal level, the Australian Sports Commission distributes government funding across national and state sporting organisations, high-performance programs and community participation initiatives, and is accountable to the Federal Minister for Sport. State and territory governments also fund grassroots sport, facilities and major events. In addition, sporting organisations generate private revenue through broadcasting rights, sponsorships, memberships and merchandising, with professional sport relying primarily on private investment and community sport more heavily supported by government funding and local contributions.

Registering a Trade Mark

In Australia, any individual, company, or incorporated association may apply to register a trade mark in respect of certain goods or services by filing an application with IP Australia.

Subject to certain requirements, a letter, word, name, signature, numeral, device, brand, heading, label, ticket, aspect of packaging, shape, colour, sound or scent (provided it is capable of graphical representation) may be registered.

What Cannot Be Registered?

Certain marks cannot be registered in Australia, including:

• marks that are purely descriptive;
• some geographical names;
• marks containing common surnames;
• certain words related to banking and financial services; and
• certain prohibited signs and marks which are scandalous by nature or contrary to law.

The Benefits of Registration

The benefits of having a registered trade mark are that the registered owner has the exclusive right to use the mark in respect of the goods and services covered by the registration. Trade mark owners can protect their trade mark by bringing an action against anyone who uses a substantially identical or deceptively similar mark in respect of the same or similar goods or services.

Non-Use

A trade mark does not need to have been used prior to applying for trade mark registration in Australia; however, the applicant must genuinely intend to use the mark in relation to the nominated goods or services. However, if the applicant fails to use a mark over a continuous three-year period, it can be removed from the trade mark register, or another party can apply to have the mark removed for non-use.

Non-Registered Trade Marks

Non-registered trade marks are protected under the Australian Consumer Law, which prevents another party from engaging in misleading or deceptive conduct, such as the unauthorised use of names or logos that may confuse consumers. They are also protected under the common law action of passing off, which prevents another party from misrepresenting that they have an association with the owner’s goods or services.

Sports-Related Examples

Sporting bodies routinely register trade marks to protect their brand. By way of example:

• Supercars Australia holds registered trade marks for its logos, categories and slogans;
• Tennis Australia holds a number of trade marks relating to the “Australian Open” and “AO”;
• Cricket Australia owns trade marks for the Ashes, the Boxing Day Test, each of the Big Bash League teams and the “Baggy Green” hat;
• NRL and AFL clubs hold registered trade marks for the names and logos of the clubs competing in their respective competitions; and
• major events, such as the Melbourne Cup, are protected by trade marks owned by the Victoria Racing Club.

Australian Copyright Law

In Australia, copyright law is contained in the Copyright Act 1968 (“Copyright Act”) and supported by common law principles developed by Australian courts. There is no system of copyright registration in Australia. Instead, copyright protection automatically arises once a work is original, created by a qualified person, and fixed in material form. Concepts such as originality and authorship are not defined in the Copyright Act and are instead shaped by common law.

Given the automatic application of copyright in Australia, protection immediately extends to sporting content such as match footage, photographs, logos, commentary, fixtures, provided they meet the “originality threshold”.

For example, Section 101 of the Copyright Act provides that the copyright in a literary, dramatic, musical or artistic work “is infringed by a person who, not being the owner of the copyright and without the licence of the owner of the copyright, does in Australia, or authorises the doing in Australia of, any act comprised in the copyright.” This includes using or reproducing copyrighted works and offering articles for sale that contain infringing copyrighted material.

Defences for Copyright Infringement

Common exceptions and defences to copyright infringement include:

• fair dealings with the copyright works (which includes use in reporting, for research, review or criticism);
• certain private or incidental dealings with copyright works and other subject matter; and
• educational copying and archiving of works.

No Specific Database Right

There is no specific law in Australia providing for database rights, which means that databases may only be protected in Australia if they fall within the scope of protection under the Copyright Act. The Copyright Act will likely only cover a database in respect of the compilation of the data, provided that the creators used intellectual effort in creating the database, and that the database itself is sufficiently original.

Copyright and Australian Sport

In 2019, the AFL issued a cease-and-desist notice for copyright infringement to a company called League Tees. The AFL alleged that a line of t-shirts and badges marketed and sold by League Tees featured an iconic photograph of an AFL Women’s League player that was taken by AFL Media’s chief photographer, which infringed the copyright of the AFL. Whilst League Tees maintained a position that their designs were substantially different from the photograph, they ultimately withdrew the products from the market.

Australia does not recognise a legal right to an athlete’s image or NIL rights. Instead, protection arises indirectly through common law actions, such as passing off, and statutory regimes, including the Australian Consumer Law and intellectual property laws. Accordingly, a number of traditional causes of action are relied upon to protect a celebrity’s image, including:

• the tort of passing off;
• breach of Australian Consumer Law;
• defamation; or
• trade mark and copyright infringement.

Passing off is a common law tort in Australia that arises where a party misrepresents an association with another’s goods or services. Alongside this, the Australian Consumer Law prohibits misleading or deceptive conduct. In practice, these protections can be used to prevent unauthorised suggestions that an athlete has endorsed, sponsored or is commercially associated with a product or service. To establish passing off, an athlete must show a recognisable reputation, a misrepresentation, and a likelihood of resulting damage. The Australian Consumer Law similarly protects against unauthorised use of an athlete’s name, image or persona that implies approval or affiliation.

Sports bodies and athletes can exploit their IP rights to leverage the value of their brands and generate revenue by licensing those rights to third parties. These licensing rights might include the right to apply a registered or unregistered trade mark to goods, services or other advertising materials.

The scope of licensing differs significantly between sporting codes and professional and non–professional sport. At the professional level, leagues and teams commercialise a range of intellectual property through licensing programs that cover:

• merchandise;
• apparel;
• games;
• content;
• statistics; and
• sponsorship activations.

Professional athletes may also license their personal branding (ie, their name, signature, likeness or image) for endorsements and commercial partnerships. In contrast, non-professional sporting bodies typically have a limited intellectual property portfolio, which results in limited licensing for local sponsorships and small-scale merchandising.

In Australia, intellectual property can generally be assigned with few restrictions, but assignments of copyright and other IP (including trade marks, patents and designs) must be in writing by deed or agreement to be enforceable. An author’s moral rights cannot be assigned and may only be waived. Unregistered trade marks may only be assigned together with the goodwill of the relevant business, and collective marks cannot be assigned. Confidential information and trade secrets may be assigned only while they remain confidential. Assignments of registered IP should also be recorded with IP Australia to ensure enforceability against third parties.

In Australia, sports data, including athlete, equipment and spectator data, is predominantly used by stakeholders to track athlete performance, increase fan engagement and encourage and expand commercial partnerships.

Athlete Performance

Many of Australia’s elite sports teams collect and analyse athlete data to identify strengths and weaknesses in any given athlete or a team’s performance. Analytics can help athletes and teams understand the key factors that contributed to their wins or losses, and inform training plans, strategy and athlete development.

In the AFL, for example, clubs have developed their own data management systems and dedicated teams of data analysts to determine where they can improve and even how they can win.

Athletes and teams are also increasingly using equipment-generated data, such as trackers/wearables, and sensor-enabled gear to monitor performance, potential injury and refine training programs.

Fan Engagement

Data and analytics are also used to improve the fan experience and to increase fan engagement with a particular sport or team.

Clubs and event organisers use data to create a better experience for fans within an event location (eg, a stadium) by collecting data in relation to ticket sales, spectator movement around the stadium and the purchases made at the stadium, such as merchandise and food and beverages. Not only does this help clubs and sporting event organisers increase sales of products and merchandise, but it also assists in delivering a better, more personalised spectator experience.

Partnerships

Historically, sports rights-holders had limited access to data. Now, the value of data for commercial purposes is rapidly increasing as AI and other technologies advance.

Sports data can be leveraged not just to encourage partners to get on board, but also to inform broadcasting strategies and enhance the value of their offerings.

The GDPR does not apply to data protection within Australia. In Australia, the primary legislation regulating the collection and use of personal information is the Privacy Act 1988 (Cth) (“Privacy Act”), which applies to certain organisations and government agencies.

Sports data that is ‘personal information’ (as defined under the Privacy Act) 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.

Following a review of the Privacy Act in 2023 by the Australian government, a number of significant amendments have been enacted, including a dramatic increase in penalties for serious or repeated privacy breaches, with the maximum civil penalty now the greater of AUD50 million, three times the benefit obtained from the misuse of information, or 30% of the organisation’s adjusted turnover. Non-corporate organisations also face fines of up to AUD2.5 million for a breach.

A statutory tort for serious invasion of privacy was also introduced, and the powers of the Office of the Australian Information Commissioner (Australia’s privacy regulator) were expanded to provide stronger enforcement powers.

In addition, data may also be regulated by:

• state or territory-based health records legislation, particularly where athlete medical or biometric information is involved;
• workplace surveillance laws applicable to monitoring athletes by clubs or teams; or
• surveillance device laws relating to wearables, trackers, and analytics.

While the GDPR does not apply directly in Australia, Australian sporting organisations that sell merchandise or provide services to individuals in the EU may need to adopt GDPR-style policies to ensure compliance with EU data protection requirements.

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 resolution clause or policies, which typically 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. There is an expectation that parties will follow and exhaust internal dispute resolution processes, as those procedures form part of the contractual framework that the courts would enforce.

By way of example, Motorsport Australia, Australia’s motor racing governing body, delegates its power of review and dispute resolution relating to infringements and steward decisions to specialist tribunals and the Australian Motor Sport Appeal Court (“AMSAC”). Motorsport Australia provides specific rules and regulations on how a protest or appeal must be lodged to be heard by AMSAC.

Generally, Australian courts will only get involved in sporting disputes if there has been an allegation that natural justice has been denied, or if there is a contractual dispute to be determined – for example, if an athlete alleges that a club has breached its own rules, as set out in the club’s governing documents.

Australia’s Civil Dispute Resolution Act 2011 (Cth) (“Civil Dispute Resolution Act”) aims to ensure that, as far as possible, people take genuine steps to resolve disputes before certain civil proceedings are instituted. The Civil Dispute Resolution Act provides that an applicant who institutes civil proceedings in an eligible Australian court must file a “genuine steps statement” (a statement outlining the steps taken by the applicant to resolve the dispute prior to litigation or the reasons why no such steps were taken) at the time of filing the application.

For the purposes of the Civil Dispute Resolution Act, “genuine steps” include considering whether the dispute could be resolved by a process facilitated by another person, including an alternative dispute resolution process such as mediation.

Alternative dispute resolution processes, including mediation and arbitration, are commonly utilised in the Australian sports industry. For example, early in 2020, one of Australia’s largest free-to-air television channels, Channel 7, was in dispute with Cricket Australia in relation to its cricket broadcasting rights. In an effort to resolve the dispute, Channel 7 made an application to the leading Australian arbitration body, the Australian Chamber for International and Commercial Arbitration (“ACICA”), seeking a ruling.

In addition to these alternate dispute resolution pathways, there are sport-specific mechanisms. Notably, the National Sports Tribunal offers mediation, conciliation, arbitration and appeals arbitration for eligible sports disputes.

Sports governing bodies can impose sporting and financial sanctions (including suspensions and monetary penalties) under their own rules and regularly impose financial and other sanctions on athletes or clubs that fail to comply with the rules and associated codes of conduct. In practice, these sanctions are enforced by governing bodies through contractual frameworks that bind clubs, athletes and officials to their rules, such as membership and competition terms and conditions and accreditation requirements. This, in turn, allows for penalties to be imposed, such as disqualifications, suspensions and points deductions.

Parties may challenge decisions made by a sports governing body in certain circumstances, including where the parties did not act unreasonably or acted in such a way that would offend natural justice. In the first instance, these challenges typically go through the sport’s own internal appeals tribunal or external bodies such as the National Sports Tribunal. It is not common for Australian courts to intervene in a dispute of this kind, but they may become involved where a party contends that the governing body has breached or failed to follow one of its own rules.

Employment

The arrangements in place between an athlete and a sporting club or team will determine whether that athlete is an employee and therefore covered by Australia’s strict employment law framework.

Given that the express terms of athlete contracts often include promises:

• to play the sport whenever and wherever directed by the club;
• to wear the club uniform;
• to attend training; and
• to follow the instructions of the coach and team managers,

an employer-employee relationship exists in most circumstances.

Salary Caps

Many of the major sporting codes in Australia have implemented salary caps, including the AFL, the National Rugby League (“NRL”) and the Men’s A-League. This means that each club is subject to a limit in respect of the amount they are allowed to spend on athlete contracts.

Most jurisdictions in Australia have implemented a single set of work health and safety laws that are known as the model Work Health and Safety (“WHS”) laws. The main objective of the WHS laws is to provide a framework to secure the health and safety of workers and workplaces, consistent across the states and territories of Australia.

Within those states and territories which have implemented the model WHS laws (currently all jurisdictions in Australia other than Victoria and Western Australia), any “person conducting a business or undertaking” must, so far as is reasonably practicable, ensure the health and safety of:

• workers engaged, or caused to be engaged, by the person; and
• workers whose activities in carrying out work are influenced or directed by the person, while the workers are at work in the business or undertaking.

The duty to ensure the health and safety of workers encompasses both the relationship between sporting clubs and the athletes they employ, and the relationship between governing bodies and the athletes who play in the competitions they manage and oversee.

Governing bodies may also be subject to broader employment–law duties under legislation such as the Fair Work Act 2009 (Cth), including protections against bullying, discrimination and adverse action.

A recent example is that of former volleyball player, Elizabeth Brett, who raised concerns about a culture of fear, punitive practices, lack of coach accountability and inadequate athlete support. These concerns led to an official apology from Volleyball Australia in 2024, acknowledging the inappropriate treatment of players in the past.

The Department of Home Affairs in Australia offers a Temporary Activity Visa, which allows foreign persons to play, coach, instruct or adjudicate for an Australian sports team, or to undertake high-level sports training within a sporting organisation in Australia, for a period of up to two years.

In order to be eligible for a Temporary Activity Visa, applicants must:

• have a sponsor or supporter;
• have a contract and letter of support from a peak sporting body; and
• not work outside of the specified sporting activities.

There are no Australian laws preventing governing bodies in sport from imposing limits on the number of foreign athletes in a competition. However, a league may instead impose such limits within their own regulations, subject to any Visa requirements that may apply.

Australia has made significant progress and investment in developing its women’s sporting industry in recent years, which is expected to continue for the foreseeable future.

Notable examples include an AUD5 million investment in 2022 into Basketball Australia to support the delivery of the FIBA Women’s Basketball World Cup and associated legacy programmes. In 2023, on the back of the FIFA Women’s World Cup, the Australian government committed AUD200 million to women’s sports infrastructure in Australia to fund gear and facilities for female athletes.

Alongside this investment, the women’s sport landscape has expanded rapidly through the growth of major professional leagues in the AFL, NRL, A-League, Netball, Cricket and Basketball, many of which have increased team numbers, extended seasons or introduced standalone commercial models. Notably, in recent years, there has been a shift to separate women’s media and commercial arrangements from men’s games, with crowd attendances, prize money, sponsorship and broadcast deals growing in support of this separation.

While the FIBA Women’s Basketball World Cup and, in particular, the FIFA Women’s World Cup, have significantly boosted the visibility and popularity of women’s sport in Australia, it is fair to say that there remains a considerable gap to bridge in achieving parity with men’s sport.

As part of its “Play our Way” programme, the Australian government announced in late 2024 an investment of AUD136 million in sporting grants to be provided across Australia, with a view to helping more than 100,000 women and girls enjoy better facilities at their local clubs. It is intended that projects such as this will help remove barriers to participation in sport for girls and women and, in turn, begin to bridge the gap between men’s and women’s sport.

Example: Growth of AFLW

The AFL is one of the most (if not the most) popular spectator sports in Australia, and now the Women’s AFL (“AFLW”) is one of the fastest-growing competitions in women’s sport in Australia. The first time that women were represented in AFL was in 2013, with the official AFLW professional competition beginning in 2017. At that time, the AFLW had only eight participating teams. The number of teams grew quickly, with all 18 AFL clubs having AFLW teams by 2023.

There are a number of organisations in Australia whose purpose is to develop women’s sport, including one notable organisation called Women Sport Australia. Since its incorporation in 2005, Women Sport Australia has worked with industry stakeholders to provide women and girls with greater opportunities in sport and physical activity. Women Sport Australia (“WSA”) has conducted numerous initiatives in recent years, including a “Women in Leadership” workshop to expand access for women seeking coaching and other leadership roles in the sporting industry and a “Women in Sport Mentoring Program”.

Government programs and other organisations also play a role in accelerating women’s sport. State-based bodies such as Sport and Recreation Victoria and the Office of Sport in New South Wales deliver initiatives such as “Change our Game” (Vic) and “Her Sport Her Way” (NSW), both aimed at boosting participation and growth of women’s sport. The Australian Institute of Sport has also expanded pathways for high-performing women and girls across multiple sports, providing targeted funding and development programs to support women’s long-term participation in sport.

Examples of Growing Participation

Soccer is one example of a female sport that is continuing to grow in Australia. According to Football Australia’s National Participation Report for 2021, there were 174,380 women and girls participating in outdoor soccer, social and registered futsal that year. This represents a growth of over 21% or 30,507 players since 2020. Following the success of Australia’s national football team, the Matildas, at the 2023 FIFA Women’s World Cup, female participation in soccer and other sports is expected to continue to grow significantly.

Women’s cricket has also seen significant growth. Following the success of the Women’s Big Bash League (Australia’s women’s domestic Twenty20 cricket competition) in mid-2024, Cricket Australia announced a ten-year plan to bolster women’s cricket in Australia, including increasing financial investment significantly, placing a greater emphasis on grassroots participation, improving infrastructure and introducing a new state-based Twenty20 competition.

Moving from the field to the race track, motorsport has seen significant investment over recent years to boost female participation. Through the FIA Girls on Track initiative, Motorsport Australia (Australia’s motor racing governing body), together with other motorsport organisations and local car clubs, have been providing girls aged 8-22 with more tools and support to get more involved in motorsport, whether that be as drivers, engineers, mechanics, volunteers or in one of the many other roles in the motorsport industry.

The popularity of esports within Australia has steadily grown over the last few years, with sporting organisations, such as Motorsport Australia, creating esports platforms where users can engage in competition, learning and development.

While the esports market in Australia remains relatively small compared to the global market, there is growing infrastructure to support it, including dedicated venues such as Fortress Melbourne (Victoria), the Southern Hemisphere’s largest video gaming and entertainment complex, and tournament organisers such as ESL Australia, which have helped create opportunities for participants and attract greater commercial interest.

As the Australian esports market continues to take shape, Australians are utilising the international market. Notably, Anathan “ana” Pham won the International Dota 2 Championships in both 2018 and 2019. Within a mere five years of competition, he won over USD6 million in prize money before his retirement in 2021.

Australia also had success in the Apex Legends Global Series, with the Australian team DarkZero, made up of Rhys “Zer0” Perry, Noyan “Genburten” Ozkose and Rick “Sharky” Wirth, ultimately winning the 2021-22 competition and taking home AUD500,000 for their efforts.

Esports in Australia continues to grow, with dedicated gaming venues, partnerships between esports organisations and tournament operators such as ESL Australia. Recent developments include expanded sponsorship deals, such as ESL Australia’s renewed partnership with Dare Iced Coffee as the official non–alcoholic beverage partner of the ESL ANZ Championships, and the League of Legends Circuit Oceania, featuring brand integration throughout competitive broadcasts and fan engagement activities.

Broadcast and streaming arrangements have also expanded – in 2025, Seven Network secured the rights to the 2025 Esports World Cup in Australia, where the most popular games in the tournament are exclusively broadcast on free-to-air via the network’s app.

Notable Usage of NFTs in Australia’s Sports Industry

In 2022, following the success of the US National Basketball Association in the NFT market, selling basketball’s greatest “moments” as NFTs called “NBA Top Shots”, Cricket Australia in conjunction with the Australian Cricketers Association signed a multi-year official licensing deal with Rario and BlockTrust regarding the creation of an online platform for the trading and sales of NFTs, in particular “digital memorabilia.”

2022 also saw the launch of the “AO Artball” NFT collection by Tennis Australia. Tennis Australia continued with the NFTs before dropping them prior to the 2025 Australian Open, following a significant 90% decline in their value.

The Australian Football League also launched the AFL Mint in 2022, which sells exclusive AFL NFTs showcasing iconic “moments, highlights and champion players” in AFL history. The AFL Mint continues to sell NFTs, including incorporating an online marketplace on its platform where fans can sell or trade their own NFTs.

More broadly, the Australian NFT market has shifted from speculative trading toward utility–based digital assets, with organisations beginning to explore NFTs as fan engagement tools, membership benefits and access to exclusive content, rather than using them only as collectables.

Risks in NFTs in the Sports Industry in Australia

The NFT market in the Australian sports industry has somewhat cooled off in recent years. During what is arguably the peak years of NFT popularity, in 2021 and 2022, sports fans were scrambling to secure an NFT of their favourite sports team’s memorabilia in the hope that the NFT would increase in value. However, the sports industry has gone a little quiet on the NFT front, perhaps given the uncertainty around the value of NFTs, which is not as strong as other digital assets or currencies. NFTs also carry risks associated with consumer protection, IP rights and reputational damage, particularly when NFTs lose value or are discontinued.

The regulatory framework for artificial intelligence (“AI”) in Australia is generally still in a developmental stage, with some state governments conducting inquiries into the use of AI. For example, the New South Wales government conducted an inquiry between June 2023 and October 2024. Australia is yet to implement specific AI legislation; however, existing laws, such as the Privacy Act, the Australian Consumer Laws and specific surveillance laws, continue to apply to the use of AI in sport.

In Australian sport, organisations are utilising AI to optimise performance. By way of example, many AFL clubs are utilising AI technology to provide statistical analysis for their team’s performance. They are also using it to provide summaries of opposition teams’ vulnerabilities, strengths and weaknesses in order to prepare for games.

AI is also revolutionising the approach to managing Anterior Cruciate Ligament (“ACL”) injuries. ACL injuries have become increasingly prominent and impact athletes across all sports and levels and AI mechanisms have been a key technological innovation component of orthopaedic surgery. AI-based technologies are being used in a wide variety of applications, including:

• image interpretation;
• automated chart review;
• assistance during physical examination via optical tracking with infrared cameras or electromagnetic sensors;
• predictive model generation; and
• optimisation of postoperative care and rehabilitation.

Organisations are also increasingly using AI to measure fan engagement, personalise content delivery, optimise ticketing and deliver enhanced analytics to commercial partners. These uses of AI are not without risk, as they may give rise to privacy concerns, algorithmic bias, cybersecurity vulnerabilities and integrity issues.

As AI progresses, its integration into various facets of the sports industry is anticipated to expand, potentially influencing job roles in areas where AI proves to be more efficient. This trend of AI impacting employment is not confined solely to the sports sector.

The metaverse is revolutionising the sports experience for fans, taking them beyond watching sports on a screen or in a stadium, to immersing them as active participants in digital and interactive environments.

The concept of the metaverse is still somewhat new to the Australian sports landscape. In 2023, the Australian Open introduced the metaverse experience to tennis fans, expanding that offering in 2024 to include the ability for Roblox users to compete in virtual tennis-themed games to win prizes.

Off the court, many sports are utilising virtual fan zones, VR training environments and digital stadiums to engage with fans and train athletes in more ways.

As the use of AI and technology continues to grow within the Australian sports industry, it is likely that more sports will begin to offer more opportunities for engagement with fans through the metaverse.

However, challenges will continue to arise for sports attempting to enter the metaverse. The lack of a regulatory framework in this space will pose a significant risk to users and organisations that engage with the metaverse. The risk of cyberattacks, adverse impacts on the mental health of users, the risk to child safety online and exposure to fraudulent activity may increase if appropriate protections are not put in place.