Industry, Technology and Commerce Legislation Amendment Act 1992
No. 168 of 1992
An Act to amend various Acts relating to matters dealt with by the Department of Industry, Technology and Commerce, and for related purposes
[Assented to 11 December 1992]
The Parliament of Australia enacts:
PART 1—PRELIMINARY
Short title
1. This Act may be cited as the Industry, Technology and Commerce Legislation Amendment Act 1992.
Commencement
2.(1) Subject to subsection (2), this Act commences on the day on which it receives the Royal Assent.
(2) Part 5 is taken to have commenced on 30 July 1975.
PART 2—AMENDMENTS OF THE AUSTRALIAN INSTITUTE OF MARINE SCIENCE ACT 1972
Principal Act
3. In this Part, “Principal Act” means the Australian Institute of Marine Science Act 19721.
Interpretation
4. Section 5 of the Principal Act is amended by adding at the end the following subsection:
“(2) The question whether a company is a subsidiary of the Institute is to be determined in the same way as the question whether a corporation is a subsidiary of another corporation is determined for the purposes of the Corporations Law.”.
5. Section 9 of the Principal Act is repealed and the following section is substituted:
Functions of Institute
“9.(1) The functions of the Institute are:
(a) to carry out research and development in relation to marine science and marine technology; and
(b) to encourage and facilitate the application and use of the results of research and development of that kind; and
(c) to arrange for carrying out research and development of that kind; and
(d) to co-operate with other institutions and persons in carrying out research and development of that kind; and
(e) to provide any other institution or person with facilities for carrying out research and development of that kind; and
(0 to collect and disseminate information relating to marine science and marine technology and, in particular, to publish reports and other papers; and
(g) to provide and sell goods (whether produced by the Institute or purchased or otherwise acquired by the Institute) and services in connection with matters related to its research and development activities in marine science and marine technology; and
(h) to make available to other persons, on a commercial basis, the knowledge, expertise, equipment and facilities of the Institute; and
(i) to do anything incidental or conducive to the performance of any of the functions in paragraphs (a) to (h).
“(2) The Institute may perform its functions only:
(a) in so far as it is appropriate for its functions to be performed by the Institute on behalf of the Government of the Commonwealth as the national Government; or
(b) for the purposes for which it is appropriate for the Parliament as the national Parliament of Australia to authorise the Institute to perform functions; or
(c) by way of expenditure or money that is available for the purposes of the Institute in accordance with an appropriation made by…
Overview
The Industry, Technology and Commerce Legislation Amendment Act 1992 (No. 168 of 1992) was enacted by the Parliament of Australia to address various legislative gaps and issues within the framework of the Department of Industry, Technology and Commerce. The Act was assented to on 11 December 1992 and aims to amend existing Acts to ensure they align with current industry needs and standards. Among the primary objectives of the Act are updating the Australian Institute of Marine Science Act 1972 to clarify the functions and limitations of the Institute, extending the Automotive Industry Authority Act 1984 to ensure continued support for the automotive industry, increasing penalties under the Commerce (Trade Descriptions) Act 1905 to deter false trade descriptions, and enhancing the Designs Act 1906 to accommodate functional designs and indefinite dimensions. Furthermore, the Act seeks to update the National Measurement Act 1960 to incorporate certified measuring instruments and reference materials, and to amend the Trade Marks Act 1955 to strengthen the penalties and enforcement against counterfeit trade marks. This comprehensive legislative amendment reflects the evolving landscape of Australian industry and commerce, aiming to foster innovation, protect intellectual property, and maintain high standards in research and trade practices.
Scope and Application
The Industry, Technology and Commerce Legislation Amendment Act 1992 (C2004A04459) applies to various industries and entities by amending several Acts to enhance regulation and governance. Specifically, the Act amends the Australian Institute of Marine Science Act 1972 to redefine the functions and powers of the Institute, including limitations on forming subsidiaries without ministerial approval. The Automotive Industry Authority Act 1984 is amended to extend the Act's duration until 2000. Amendments to the Commerce (Trade Descriptions) Act 1905 increase penalties for offences related to false trade descriptions on imports and exports. The Designs Act 1906 is updated to clarify that designs may include functional features or be of indefinite dimension and to protect individuals who used designs in good faith before the Act's Royal Assent. The National Measurement Act 1960 is amended to incorporate certified reference materials and measuring instruments and to set out the functions of the Commission regarding these materials and instruments. The Science and Industry Research Act 1949 is altered to change the appointment process of the Chief Executive. Amendments to the Trade Marks Act 1955 increase penalties for offences involving forged or falsely applied registered trademarks and clarify the definition of forging a trademark. The Act extends to the Commonwealth of Australia and its territories and applies to entities and persons involved in the specified industries and activities. Subordinate instruments may further extend or restrict the application of the Act.
Key Provisions
- The Industry, Technology and Commerce Legislation Amendment Act 1992 (Act) introduces several amendments to various Acts, primarily concerning the Australian Institute of Marine Science, automotive industry, trade descriptions, designs, national measurement, science and industry research, and trade marks. The Act modifies the functions, powers, and operational constraints of these entities and sets forth new obligations, penalties, and enforcement mechanisms.
- Sections 5 and 9 of the Australian Institute of Marine Science Act 1972 (Principal Act) are amended to clarify the scope of the Institute’s functions, including research and development in marine science and technology, the facilitation and application of research results, and cooperation with other institutions. The Act also introduces new restrictions on the Institute's ability to subscribe for shares or form subsidiaries without the Minister’s written approval (section 10AA). Additionally, the Institute is required to ensure that any company in which it holds a controlling interest does not engage in activities beyond the Institute's own empowered scope (section 10AA(4)). The Act further amends the powers of the Institute by specifying permissible activities such as entering into contracts, acquiring and disposing of property, and forming partnerships or companies (sections 6 and 10).
- The Automotive Industry Authority Act 1984 is amended to extend its termination date from 1992 to 2000 (section 32). Amendments to the Commerce (Trade Descriptions) Act 1905 increase the notice fee for importing goods from $40 to $1,000 (section 11) and raise the penalties for importing falsely marked goods and applying false trade descriptions to exports from $200 to $10,000 (sections 12 and 13).
- The Designs Act 1906 is amended to allow designs that include functional features or are of indefinite dimension, and to protect individuals who relied on a previously held belief in the invalidity of such designs (section 18). The National Measurement Act 1960 is revised to incorporate the use of certified reference materials and measuring instruments for ensuring accurate measurements, with specific provisions for the certification process and the tolerance limits for measuring instruments (sections 17, 18, 19AAA, and 19AAB).
- Under the Science and Industry Research Act 1949, the appointment of the Chief Executive is shifted from the Governor-General to the Minister (section 10B). The Trade Marks Act 1955 is amended to redefine the penalty for forgery and false application of registered trade marks as imprisonment for up to 2 years (section 26). It also introduces new offences for selling or importing goods with false trade marks, with fines and imprisonment up to 2 years per item (sections 99 and 100). Furthermore, section 107A applies the provisions of the Proceeds of Crime Act 1987 to private prosecutions for trade mark offences.
- The Act imposes several obligations on the parties it governs, such as obtaining approval for certain corporate actions, adhering to measurement standards, and ensuring compliance with trade mark laws. Non-compliance with these provisions can result in significant penalties, including fines up to $10,000 per item of goods for offences related to false trade marks (sections 99 and 100), and imprisonment for up to 2 years for forgery of registered trade marks (section 26). Additionally, the Minister's oversight and the requirement for written approvals add layers of administrative compliance that entities must navigate.
- Area of Law
- Commercial Law
- Intellectual Property Law
- Technology Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Repeal & Amendment
- Definitions & Interpretation
- Offence Provisions
- Reporting & Disclosure Obligations
- Regulatory Standards
