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This is a Bill, not an Act. For current law, see the Acts databases.
2002
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Designs
(Consequential Amendments) Bill 2002
No.
, 2002
(Industry, Tourism and
Resources)
A Bill for an Act to amend
certain Acts in consequence of the repeal of the Designs Act 1906 and the
enactment of the Designs Act 2002, and for related
purposes
Contents
A New Tax System (Wine Equalisation Tax) Act
1999 7
ANL Act
1956 7
Australian Communications Authority Act
1997 7
Australian Hearing Services Act
1991 7
Commonwealth Banks Act
1959 7
Commonwealth Services Delivery Agency Act
1997 8
Customs Act
1901 8
Freedom of Information Act
1982 8
Health Insurance Commission Act
1973 8
Jurisdiction of Courts (Cross-vesting) Act
1987 8
Radiocommunications Act
1992 8
Telecommunications Act
1997 9
Telstra Corporation Act
1991 9
Tobacco Advertising Prohibition Act
1992 9
A Bill for an Act to amend certain Acts in consequence of
the repeal of the Designs Act 1906 and the enactment of the Designs
Act 2002, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Designs (Consequential Amendments) Act
2002.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent |
|
|
2. Schedules 1 and 2 |
Immediately after the commencement of section 4 of the Designs Act
2002. |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 Subsection 10(1) (paragraph (c) of the
definition of artistic work)
Omit “to which neither of the last two preceding paragraphs
applies”, substitute “whether or not mentioned in paragraph (a)
or (b)”.
2 Section 74 (definition of
corresponding design)
Omit all the words after “means”, substitute “visual
features of shape or configuration which, when embodied in a product, result in
a reproduction of that work, whether or not the visual features constitute a
design that is capable of being registered under the Designs Act
2002”.
3 At the end of
section 74
Add:
(2) For the purposes of subsection (1):
embodied in, in relation to a product, includes
woven into, impressed on or worked into the product.
4 Section 75
Omit all the words after “under”, substitute “the
Designs Act 1906 or the Designs Act 2002 on or after that
commencement, it is not an infringement of that copyright to reproduce the work
by embodying that, or any other, corresponding design in a
product”.
5 Paragraphs 77(1)(b) and
(c)
Repeal the paragraphs, substitute:
(b) a corresponding design is or has been applied industrially, whether in
Australia or elsewhere, and whether before or after the commencement of this
section, by or with the licence of the owner of the copyright in the place of
industrial application; and
(c) at any time on or after the commencement of this section, products to
which the corresponding design has been so applied (the products made to
the corresponding design) are sold, let for hire or offered or exposed
for sale or hire, whether in Australia or elsewhere; and
6 Paragraph 77(1)(d)
Omit “1906”, substitute
“2002”.
7 At the end of paragraph
77(1)(d)
Add “or under the Designs Act 1906”.
8 After subsection 77(1)
Insert:
(1A) This section also applies if:
(a) a complete specification that discloses a product made to the
corresponding design; or
(b) a representation of a product made to the corresponding design and
included in a design application;
is published in Australia, whether or not paragraphs (1)(b) and (c)
are satisfied in relation to the corresponding design.
9 Subsection 77(2)
Repeal the subsection, substitute:
(2) It is not an infringement of the copyright in the artistic work to
reproduce the work, on or after the day on which:
(a) products made to the corresponding design are first sold, let for hire
or offered or exposed for sale or hire; or
(b) a complete specification that discloses a product made to the
corresponding design is first published in Australia; or
(c) a representation of a product made to the corresponding design and
included in a design application is first published in Australia;
by embodying that, or any other, corresponding design in a
product.
10 Subsection 77(3)
After “articles” (first occurring), insert “or
products”.
11 Subsection 77(3)
After “1906”, insert “or the Designs Act
2002”.
12 Paragraph 77(3)(a)
Omit “under that Act in respect of those articles”, substitute
“under the Designs Act 1906 in respect of those articles, or under
the Designs Act 2002 in respect of those products,”.
13 At the end of
section 77
Add:
(5) In this section:
building or model of a building does not include a
portable building such as a shed, a pre-constructed swimming pool, a demountable
building or similar portable building.
complete specification has the same meaning as in the
Patents Act 1990.
design application has the same meaning as in the Designs
Act 2002.
representation, in relation to a design, has the same meaning
as in the Designs Act 2002.
14 At the end of Division 8 of
Part III
Add:
(1) It is not an infringement of copyright in an artistic work to
reproduce the artistic work, or communicate that reproduction, if:
(a) the reproduction is derived from a three-dimensional product that
embodies a corresponding design in relation to the artistic work; and
(b) the reproduction is in the course of, or incidental to:
(i) making a product (the non-infringing product), if the
making of the product did not, or would not, infringe the copyright in the
artistic work because of the operation of this Division; or
(ii) selling or letting for hire the non-infringing product, or offering
or exposing the non-infringing product for sale or hire.
(2) It is not an infringement of copyright in an artistic work to make a
cast or mould embodying a corresponding design in relation to the artistic work,
if:
(a) the cast or mould is for the purpose of making products; and
(b) the making of the products would not infringe copyright because of the
operation of this Division.
A New Tax System (Wine
Equalisation Tax) Act 1999
1 Paragraph 9-70(2)(c)
Omit “1906”, substitute
“2002”.
2 Paragraph 53(1)(b)
Omit “1906”, substitute
“2002”.
3 Subsection 53(1)
After “so registered”, insert “, or was registered under
the Designs Act 1906,”.
Australian Communications
Authority Act 1997
4 Paragraph 55(4)(b)
Omit “1906”, substitute
“2002”.
5 Subsection 55(4)
Omit “so registered”, substitute “registered under the
Trade Marks Act 1995 or the Designs Act 1906”.
Australian Hearing Services
Act 1991
6 Paragraph 66(3)(b)
Omit “1906”, substitute
“2002”.
7 Subsection 66(3)
After “so registered”, insert “, or was registered under
the Designs Act 1906,”.
8 Paragraph 128(4)(b)
Omit “Designs Act 1906 and was so registered”,
substitute “Designs Act 2002 and was so registered,
or was registered under the Designs Act 1906,”.
Commonwealth Services
Delivery Agency Act 1997
9 Paragraph 38(2)(b)
Omit “1906”, substitute
“2002”.
10 Subsection 38(2)
After “so registered”, insert “, or was registered under
the Designs Act 1906,”.
11 Subsection 157(3) (definition of
design)
Omit “1906”, substitute
“2002”.
Freedom of Information Act
1982
12 Schedule 3
Omit “Designs Act 1906, subsection 40F(2)”, substitute
“Designs Act 2002, paragraph 61(1)(a) and sections 108 and
109”.
Health Insurance Commission
Act 1973
13 Paragraph 41C(7)(b)
Omit “1906, being a design that was so registered”,
substitute “2002, being a design that was registered under the
Designs Act 1906”.
Jurisdiction of Courts
(Cross-vesting) Act 1987
14 Schedule
Omit “Designs Act 1906”, substitute “Designs
Act 2002”.
15 Paragraph 188A(4)(b)
Omit “1906”, substitute
“2002”.
16 Subsection 188A(4)
Omit “so registered”, substitute “registered under the
Trade Marks Act 1995 or the Designs Act 1906”.
17 Paragraph 417(4)(b)
Omit “1906”, substitute
“2002”.
18 Subsection 417(4)
Omit “so registered”, substitute “registered under the
Trade Marks Act 1995 or the Designs Act 1906”.
19 Paragraph 16(1)(b)
Omit “1906”, substitute
“2002”.
20 Subsection 16(1)
After “so registered”, insert “, or was registered under
the Designs Act 1906,”.
Tobacco Advertising
Prohibition Act 1992
21 Paragraph 9(1)(d)
Omit “1906 in respect of articles”, substitute
“2002 in relation to products”.