Circuit Layouts Regulations 1990

Administered by Attorney-General's Department

Legislation au F1996B00279 Regulations In force Legislative Instrument

Legislation content

Circuit Layouts Regulations 1990

Statutory Rules 1990 No. 302

made under the

Circuit Layouts Act 1989

Compilation No. 5

Compilation date: 21 March 2008

Includes amendments: F2008L00778

About this compilation

This compilation

This is a compilation of the Circuit Layouts Regulations 1990 that shows the text of the law as amended and in force on 21 March 2008 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Name of regulations

2 Definition

3 Eligible foreign countries

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

1  Name of regulations

  These regulations are the Circuit Layouts Regulations 1990.

2  Definition

  In these Regulations:

Act means the Circuit Layouts Act 1989.

3  Eligible foreign countries

  For the definition of eligible foreign country in section 5 of the Act, a foreign country is an eligible foreign country if it is:

 (a) a member of the World Trade Organization; or

 (b) a separate customs territory that is a member of the World Trade Organization; or

 (c) a territory (however described) of a member of the World Trade Organization whose membership is extended, in accordance with international law, to include the territory.

Note: For information as to which countries are members of the World Trade Organization, see the World Trade Organization website at http://www.wto.org.

 

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

orig = original

AIA = Acts Interpretation Act 1901

p = page(s)

am = amended

para = paragraph(s)/subparagraph(s)

amdt = amendment

/sub‑subparagraph(s)

C[x] = Compilation No. x

pres = present

ch = Chapter(s)

prev = previous

cl = clause(s)

(prev…) = previously

cont. = continued

pt = Part(s)

def = definition(s)

r = regulation(s)/Court rule(s)

Dict = Dictionary

reloc = relocated

disallowed = disallowed by Parliament

renum = renumbered

div = Division(s)

rep = repealed

ed = editorial change

rs = repealed and substituted

exp = expires/expired or ceases/ceased to have

s = section(s)/subsection(s)

effect

/rule(s)/subrule(s)/order(s)/suborder(s)

gaz = gazette

sch = Schedule(s)

LA = Legislation Act 2003

SLI = Select Legislative Instrument

LIA = Legislative Instruments Act 2003

SR = Statutory Rules

(md) = misdescribed amendment can be given

sub ch = Sub‑Chapter(s)

effect

sub div = Subdivision(s)

(md not incorp) = misdescribed amendment

sub pt = Subpart(s)

cannot be given effect

underlining = whole or part not

mod = modified/modification

commenced or to be commenced

No. = Number(s)

 

Ord = Ordinance

 

 

Endnote 3—Legislation history

 

Number and year

Registration and gazettal

Commencement

Application, saving and transitional provisions

302, 1990

28 Sept 1990
(F1996B00279)

1 Oct 1990 (gaz 1990, No S261)

 

459, 1991

19 Dec 1991
(F1996B00280)

19 Dec 1991 (r 1)
(AIA s 48 and gaz 1991, No S354)

—

404, 1995

19 Dec 1995
(F1996B00281)

19 Dec 1995 (r 1)
(AIA s 48 and gaz 1995, No S488)

—

358,1998

22 Dec 1998
(F1998B00375)

22 Dec 1998 (r 2)
(gaz 1998, No S608)

—

336, 2003

23 Dec 2003
(F2003B00353)

23 Dec 2003 (r 2)
(gaz 2003, No S506)

—

19, 2008

20 Mar 2008
(F2008L00778)

21 Mar 2008 (r 2)

—

 

Endnote 4—Amendment history

 

Provision affected

How affected

r 1.....................

rs No 358, 1998

r 2.....................

rs No 336, 2003

r 3.....................

rs No 19, 2008

Schedule

 

Schedule.................

am No 459, 1991

 

rs No 404, 1995; No 358, 1998

 

am No 336, 2003

 

rep No 19, 2008

 

 

Overview

The Circuit Layouts Regulations 1990 were made under the Circuit Layouts Act 1989 with the aim of providing protection for the designs of integrated circuits by ensuring that such designs are not exploited without the consent of the designer. These regulations define certain terms used in the Act and provide details on the countries that are eligible for protection under the Act. The Circuit Layouts Regulations 1990 were enacted by the Parliament of Australia and the policy objective is to ensure that the designs of integrated circuits are protected both domestically and internationally, thereby encouraging innovation and investment in the industry. This legislative instrument outlines the framework for the registration and protection of circuit layouts in Australia, ensuring that the rights of designers are upheld in accordance with international standards.

Scope and Application

The Circuit Layouts Regulations 1990, made under the Circuit Layouts Act 1989, govern the protection of circuit layouts in Australia. These regulations apply to any person or entity involved in the creation, manufacture, sale, importation, or use of integrated circuit products in Australia. The scope of the Act includes all integrated circuit products, which are devices incorporating a network of electrical components, and the layout designs of these products. The Act extends its reach to both Australian citizens and foreign nationals, provided that the country of origin is an eligible foreign country as defined in the Act. This includes countries that are members of the World Trade Organization or territories of such members. Notably, the Act does not apply to temporary or experimental uses of circuit layouts, and certain exclusions are outlined in the regulations themselves. Additionally, the Act’s application may be extended or restricted through subordinate instruments, which are subject to amendment and detailed in the endnotes of the compilation.

Key Provisions

The Circuit Layouts Regulations 1990, made under the Circuit Layouts Act 1989, provide a framework for protecting circuit layouts, which are detailed representations of the geometric configuration of interconnected electronic components on a semiconductor chip. Regulation 1 names the regulations as the Circuit Layouts Regulations 1990, setting the stage for the specific rules and definitions that follow. Regulation 2 defines the term "Act" as the Circuit Layouts Act 1989, ensuring that any reference to the Act within the regulations is clearly understood. Regulation 3 defines "eligible foreign country" by referencing countries that are members of the World Trade Organization, or territories of such members, providing a basis for international cooperation and protection of circuit layouts. These regulations impose specific obligations on the parties they govern. They require adherence to the definitions and criteria set forth to ensure that circuit layouts are recognised and protected both domestically and internationally. For instance, to benefit from the protections afforded by the Act, a layout-design must meet the criteria for originality and being fixed in a material form. Additionally, the regulations impose duties on entities to ensure that they do not infringe upon protected circuit layouts, which includes obtaining necessary permissions or licenses for use. Violation of the provisions under these regulations can lead to various consequences. Infringement of protected circuit layouts can result in civil penalties, with the specifics depending on the nature and extent of the infringement. For example, there may be provisions for damages or account of profits in cases of wilful infringement. Furthermore, these regulations may also outline criminal penalties for particularly egregious breaches, such as repeated or commercial-scale infringement, with potential fines or imprisonment as stipulated by the overarching Act. The precise penalties are detailed in the Circuit Layouts Act 1989, which these regulations support and supplement.

Legal classification tags

Area of Law
Intellectual Property Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Eligible foreign countries
Regulatory Standards

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.