Designs (Consequential Amendments) Act 2003
No. 148, 2003
An Act to amend certain Acts in consequence of the repeal of the Designs Act 1906 and the enactment of the Designs Act 2003, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Copyright Act 1968
Part 1—Amendments
Part 2—Application provisions
Schedule 2—Consequential amendments of other Acts
A New Tax System (Wine Equalisation Tax) Act 1999
ANL Act 1956
Australian Communications Authority Act 1997
Australian Hearing Services Act 1991
Commonwealth Banks Act 1959
Commonwealth Services Delivery Agency Act 1997
Customs Act 1901
Freedom of Information Act 1982
Health Insurance Commission Act 1973
Jurisdiction of Courts (Cross‑vesting) Act 1987
Radiocommunications Act 1992
Scout Association Act 1924
Telecommunications Act 1997
Telstra Corporation Act 1991
Tobacco Advertising Prohibition Act 1992
Designs (Consequential Amendments) Act 2003
No. 148, 2003
An Act to amend certain Acts in consequence of the repeal of the Designs Act 1906 and the enactment of the Designs Act 2003, and for related purposes
[Assented to 17 December 2003]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Designs (Consequential Amendments) Act 2003.
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.
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 | 17 December 2003 |
2. Schedules 1 and 2 | Immediately after the commencement of section 4 of the Designs Act 2003. | 17 June 2004 |
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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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
Part 1—Amendments
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 2003”.
3 At the end…
Overview
The Designs (Consequential Amendments) Act 2003, No. 148, was enacted to address the legislative gap resulting from the repeal of the Designs Act 1906 and the introduction of the Designs Act 2003. This Act was passed by the Parliament of Australia and received Royal Assent on 17 December 2003. Its primary objective was to amend various existing Acts to ensure they align with the new Designs Act 2003, thereby maintaining legal coherence and effectiveness across related legislative areas. The Act includes consequential amendments to other legislation, ensuring that references to the repealed Designs Act 1906 are appropriately updated to reflect the new Designs Act 2003. This comprehensive approach ensures that the transition from the old Act to the new one is smooth and that the legal framework remains consistent and up-to-date.
Scope and Application
The Designs (Consequential Amendments) Act 2003 applies to various Acts listed in its Schedules, making amendments in consequence of the repeal of the Designs Act 1906 and the enactment of the Designs Act 2003. This Act is a Commonwealth legislation, meaning its reach is national and it applies across Australia. The Act affects entities and individuals who engage in activities or transactions involving designs and artistic works, particularly those covered by the repealed and new Designs Acts. The amendments primarily update references to the Designs Act 1906 to the Designs Act 2003, ensuring consistency across related statutes. The Act also specifies that certain provisions apply from the day the Act receives Royal Assent or from a specified date thereafter, with some provisions applying immediately after the commencement of the Designs Act 2003. Notably, the Act does not create new laws or substantively alter existing ones, but rather adjusts references and definitions to align with the new legal framework for designs in Australia. The Act extends its application through subordinate instruments by amending the Copyright Act 1968 and other specified Acts, ensuring that the changes are effectively implemented across the relevant legislation.
Key Provisions
- The Designs (Consequential Amendments) Act 2003 (the Act) amends several existing Acts to reflect the repeal of the Designs Act 1906 and the enactment of the Designs Act 2003. Section 3 of the Act specifies that each provision commences on different dates, with most provisions coming into effect immediately after the commencement of section 4 of the Designs Act 2003, which was 17 June 2004. The Act also amends various Acts to reflect these changes, including the Copyright Act 1968, Customs Act 1901, and the Telecommunications Act 1997, among others.
- The Act imposes obligations on various entities and individuals, particularly those who are involved in copyright and design registrations. For instance, in the context of the Copyright Act 1968, it mandates that certain definitions and provisions related to designs be updated to reflect the new Designs Act 2003. It also imposes specific obligations on those bringing copyright proceedings when a corresponding design registered under the Designs Act 2003 is involved. Additionally, it modifies the conditions under which a corresponding design can be applied to products without infringing copyright.
- The Act also outlines various offences and penalties for non-compliance. Under the Copyright Act 1968, for example, Section 76 now includes provisions for false registration of industrial designs under the Designs Act 2003, with potential penalties for those who register designs without entitlement or knowledge of the copyright owner. Furthermore, the Act provides that it is not an infringement of copyright if specific conditions regarding the registration and application of designs are met, thus delineating the boundaries within which designers and manufacturers must operate to avoid legal repercussions. The maximum penalties for these offences are not explicitly stated in the Act but would be determined by the relevant legislation, such as the Copyright Act 1968.
- Area of Law
- Intellectual Property Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Repeal & Amendment
- Delegated & Subordinate Legislation