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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
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Introduced HR 11 Dec 2002

Designs (Consequential Amendments) Bill 2002
First Reading

Designs (Consequential Amendments) Bill 2002
First Reading

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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

1       Short title 1

2       Commencement 1

3       Schedule(s) 2

Schedule 1--Copyright Act 1968       3

Schedule 2--Consequential amendments of other Acts       7

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:

1 Short title
        This Act may be cited as the Designs (Consequential Amendments) Act 2002.

2 Commencement
       (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.


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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.

3 Schedule(s)
        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.

Schedule 1--Copyright Act 1968

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

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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:

77A Certain reproductions of an artistic work do not infringe copyright
       (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.

Schedule 2--Consequential amendments of other Acts

A New Tax System (Wine Equalisation Tax) Act 1999

1 Paragraph 9-70(2)(c)

Omit "1906", substitute "2002".

ANL Act 1956

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)


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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,".

Commonwealth Banks Act 1959

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,".

Customs Act 1901

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".

Radiocommunications Act 1992

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".

Telecommunications Act 1997

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".

Telstra Corporation Act 1991

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".