Industry, Science and Tourism Legislation Amendment Act 1997

Administered by Department of Resources, Energy and Tourism

Legislation au C2004A05184 Not in force Act

Legislation content

 

 

 

 

Industry, Science and Tourism Legislation Amendment Act 1997

 

No. 91, 1997

 

 

 

 

 

 

 

 

 

Industry, Science and Tourism Legislation Amendment Act 1997

 

No. 91, 1997

 

 

 

 

An Act to amend various Acts relating to matters dealt with by the Department of Industry, Science and Tourism, and for other purposes

 

Contents

1 Short title..................................1

2 Commencement..............................1

3 Schedule(s).................................2

Schedule 1—Amendments 3

Australian Science and Technology Council Act 1978 3

Australian Tourist Commission Act 1987 4

Australian Tourist Commission (Transitional Provisions) Act 1987 4

Bounty (Machine Tools and Robots) Act 1985 4

Coal Tariff Legislation Amendment Act 1992 5

National Measurement Act 1960 5

Patents, Trade Marks, Designs and Copyright Act 1939 5

Resource Assessment Commission Act 1989 5

Science and Industry Research Act 1949 6

Trade Marks Act 1995 6

 

Industry, Science and Tourism Legislation Amendment Act 1997

No. 91, 1997

 

 

 

An Act to amend various Acts relating to matters dealt with by the Department of Industry, Science and Tourism, and for other purposes

[Assented to 30 June 1997]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Industry, Science and Tourism Legislation Amendment Act 1997.

2  Commencement

 (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

 (2) The amendments of the Coal Tariff Legislation Amendment Act 1992 made by Schedule 1 are taken to have commenced immediately after the commencement of subsection 2(1) of that Act.

 (3) The amendment of the Science and Industry Research Act 1949 made by Schedule 1 commences on 1 July 1997.

 (4) The amendments of the Trade Marks Act 1995 made by Schedule 1 are taken to have commenced on 1 January 1996.

3  Schedule(s)

  Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Amendments

Australian Science and Technology Council Act 1978

1  Title

Omit “and Technology”, substitute “, Technology and Engineering”.

2  Section 1

Omit “and Technology”, substitute “, Technology and Engineering”.

3  Section 3 (definition of Council)

Omit “and Technology”, substitute “, Technology and Engineering”.

4  Section 4

Omit “and Technology”, substitute “, Technology and Engineering”.

5  Section 5

Omit “and technology” (wherever occurring), substitute “, technology and engineering”.

6  Section 5

Omit “and technological” (wherever occurring), substitute “, technological and engineering”.

7  Subsection 10(2)

Omit “Governor-General”, substitute “Minister”.

8  At the end of subsection 10(2)

Add “The Minister must not make an appointment without the approval of the Prime Minister.”.

9  Subsection 10(6)

Omit “Governor-General”, substitute “Minister”.

10  Section 14

Omit “Governor-General”, substitute “Minister”.

11  Subsection 16(1)

Omit “Governor-General”, substitute “Minister”.

12  Subsection 16(2)

Omit “Governor-General”, substitute “Minister”.

13  Transitional—appointments

The amendments of subsection 10(2) of the Australian Science and Technology Council Act 1978 made by this Schedule apply to appointments made after the commencement of this item.

14  Transitional—determinations

(1) This item applies to a determination that was:

 (a) made by the Governor-General under subsection 10(6) of the Australian Science and Technology Council Act 1978; and

 (b) in force immediately before the commencement of this item.

(2) The determination has effect, after that commencement, as if it had been made by the Minister under that subsection as amended by this Schedule.

Australian Tourist Commission Act 1987

15  Subsection 14(3)

Repeal the subsection.

16  Subsection 42(3)

Repeal the subsection.

Australian Tourist Commission (Transitional Provisions) Act 1987

17  The whole of the Act

Repeal the Act.

Bounty (Machine Tools and Robots) Act 1985

18  Subsection 16(11A)

Omit “Comptroller”, substitute “CEO”.

Coal Tariff Legislation Amendment Act 1992

19  Subsections 2(3) and (4)

Repeal the subsections, substitute:

 (3) Section 5 commences on 26 June 1993.

20  Subsection 5(1)

Repeal the subsection.

National Measurement Act 1960

21  After section 8

Insert:

8AA  Co-ordinated Universal Time

  The Organisation is to maintain, or cause to be maintained, Coordinated Universal Time (UTC) as determined by the International Bureau of Weights and Measures.

Patents, Trade Marks, Designs and Copyright Act 1939

22  Section 4

Omit “Papua, the Territory of New Guinea and Norfolk Island, as if each of those Territories”, substitute “Norfolk Island, as if that Territory”.

Note: The heading to section 4 of the Patents, Trade Marks, Designs and Copyright Act 1939 is altered by omitting “Territories” and substituting “Norfolk Island”.

Resource Assessment Commission Act 1989

23  Paragraph 14(b)

Omit “and Technology”, substitute “, Technology and Engineering”.

Science and Industry Research Act 1949

24  Section 9AB

Repeal the section.

Trade Marks Act 1995

25  Section 6 (definition of Comptroller)

Repeal the definition.

Note: The list entitled “List of terms defined in section 6” set out after the Table of Provisions of the Trade Marks Act 1995 is altered by omitting “Comptroller”.

26  Section 6

Insert:

Customs CEO means the Chief Executive Officer of Customs.

Note: The list entitled “List of terms defined in section 6” set out after the Table of Provisions of the Trade Marks Act 1995 is altered by inserting “Customs CEO” in the appropriate alphabetical position.

27  Subparagraph 26(1)(d)(i)

Omit “Comptroller”, substitute “Customs CEO”.

28  Section 131

Omit “Comptroller”, substitute “Customs CEO”.

29  Section 132

Omit “Comptroller” (wherever occurring), substitute “Customs CEO”.

30  Section 133

Omit “Comptroller” (wherever occurring), substitute “Customs CEO”.

Note: The heading to section 133 of the Trade Marks Act 1995 is altered by omitting “Comptroller” and substituting “Customs CEO”.

31  Section 134

Omit “Comptroller” (wherever occurring), substitute “Customs CEO”.

32  Subsection 135(1)

Omit “Comptroller”, substitute “Customs CEO”.

33  Section 136

Omit “Comptroller” (wherever occurring), substitute “Customs CEO”.

34  Section 137

Omit “Comptroller” (wherever occurring), substitute “Customs CEO”.

35  Section 139

Omit “Comptroller”, substitute “Customs CEO”.

36  Section 140

Omit “Comptroller” (wherever occurring), substitute “Customs CEO”.

Note: The heading to section 140 of the Trade Marks Act 1995 is altered by omitting “Comptroller” and substituting “Customs CEO”.

37  Section 141

Omit “Comptroller”, substitute “Customs CEO”.

38  Paragraph 142(a)

Omit “Comptroller”, substitute “Customs CEO”.

39  Section 143

Omit “Comptroller” (wherever occurring), substitute “Customs CEO”.

40  Section 223

Omit “Comptroller” (wherever occurring), substitute “Customs CEO”.

41  Paragraph 261(2)(a)

Omit “Comptroller”, substitute “Customs CEO”.

Note: The heading to section 261 of the Trade Marks Act 1995 is altered by omitting “Comptroller” and substituting “Customs CEO”.


[Minister’s second reading speech made in—

House of Representatives on 26 March 1997

Senate on 16 June 1997]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(38/97)

 

I HEREBY CERTIFY that the above is a fair print of the Industry, Science and Tourism Legislation Amendment Bill 1997 which originated in the House of Representatives and has been finally passed by the Senate and the House of Representatives.

 

 

 

Clerk of the House of Representatives

 

IN THE NAME OF HER MAJESTY, I assent to this Act.

 

 

 

Governor-General

1997

 

(38/97)


 

 

Overview

The Industry, Science and Tourism Legislation Amendment Act 1997 was enacted to amend various Acts relating to matters dealt with by the Department of Industry, Science and Tourism. The Act was passed by the Parliament of Australia and received Royal Assent on 30 June 1997. It aims to update and modernise the legislative framework governing the industry, science, and tourism sectors by making necessary amendments to existing laws. This Act addresses the need for legislative changes to align with contemporary industry practices and regulatory requirements, ensuring that the relevant Acts remain effective and relevant in supporting the growth and development of these sectors. The amendments cover a wide range of Acts, including the Australian Science and Technology Council Act 1978, the Australian Tourist Commission Act 1987, and the Trade Marks Act 1995, among others, to reflect updated terminologies, roles, and responsibilities within the Department of Industry, Science and Tourism.

Scope and Application

The Industry, Science and Tourism Legislation Amendment Act 1997 amends various Acts relating to matters dealt with by the Department of Industry, Science and Tourism, thereby impacting a broad range of entities and individuals within these sectors. This Act applies to the Australian Science and Technology Council Act 1978, the Australian Tourist Commission Act 1987, the Bounty (Machine Tools and Robots) Act 1985, the Coal Tariff Legislation Amendment Act 1992, the National Measurement Act 1960, the Patents, Trade Marks, Designs and Copyright Act 1939, the Resource Assessment Commission Act 1989, the Science and Industry Research Act 1949, and the Trade Marks Act 1995. The amendments cover changes in titles, definitions, and the substitution of certain roles, such as the replacement of "Governor-General" with "Minister" in various subsections and the introduction of new roles such as "Customs CEO" in the Trade Marks Act 1995. The geographic reach of this Act is national, applying across Australia. There are no specific exclusions or thresholds mentioned in the text, but the application of amendments varies based on the commencement dates specified for different Acts. Additionally, the Act allows for further extension or restriction of its application through subordinate instruments.

Key Provisions

The Industry, Science and Tourism Legislation Amendment Act 1997 amends various Acts relating to matters dealt with by the Department of Industry, Science and Tourism. The amendments are set out in Schedule 1 and cover a range of Acts including the Australian Science and Technology Council Act 1978, the Australian Tourist Commission Act 1987, the Bounty (Machine Tools and Robots) Act 1985, the Coal Tariff Legislation Amendment Act 1992, the National Measurement Act 1960, the Patents, Trade Marks, Designs and Copyright Act 1939, the Resource Assessment Commission Act 1989, the Science and Industry Research Act 1949, and the Trade Marks Act 1995. Key changes include amendments to the Australian Science and Technology Council Act 1978, where references to “technology” are replaced with “technology and engineering”, and the Australian Tourist Commission Act 1987, where certain subsections are repealed. Additionally, the Bounty (Machine Tools and Robots) Act 1985 is amended to replace references to the “Comptroller” with “CEO”, and the Trade Marks Act 1995 is amended to replace the definition of “Comptroller” with “Customs CEO”. The Act imposes specific obligations and requirements on the parties it governs. For example, the Australian Science and Technology Council Act 1978 is amended to require ministerial approval for appointments and determinations, previously made by the Governor-General. The National Measurement Act 1960 is amended to mandate that the Organisation maintain Coordinated Universal Time (UTC) as determined by the International Bureau of Weights and Measures. The Trade Marks Act 1995 is amended to replace references to “Comptroller” with “Customs CEO”, effectively updating the terminology used within the Act to reflect current organisational titles. The Act includes provisions for offences, penalties, or civil/criminal consequences for breaches, although specific maximum penalties are not stated in the provided text. For instance, while the Trade Marks Act 1995 is amended to update terms and titles, compliance with these changes is essential to avoid potential legal issues. Similarly, the Australian Science and Technology Council Act 1978’s amendments to appointment and determination processes are crucial to ensure proper governance and oversight. Failure to adhere to these updated requirements could result in legal consequences, although the exact nature of these consequences is not detailed in the text.

Legal classification tags

Area of Law
Intellectual Property Law
Technology Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Regulatory Standards
Transitional Provisions

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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.