Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A prescribed court may, on the application of the nominated person or the patentee, declare that the exploitation of the invention in the circumstances mentioned in subsection 163(3) or 163A(3) is not, or is no longer, necessary for the proper provision of services of the relevant authority concerned if the court is satisfied that, in all the circumstances of the case, it is fair and reasonable to make the declaration.
(2) The court may further order that the relevant authority is to cease to exploit the invention:
(a) on and from the day specified in the order; and
(b) subject to any conditions specified in the order.
In making the order, the court is to ensure that the legitimate interests of the relevant authority are not adversely affected by the order.