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This is a Bill, not an Act. For current law, see the Acts databases.
1998-99
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Intellectual
Property Laws Amendment (Border Interception) Bill
1999
No. ,
1999
(Industry, Science and
Resources)
A Bill for an Act to amend
legislation relating to intellectual property, and for related
purposes
ISBN: 0642 40755X
Contents
A Bill for an Act to amend legislation relating to
intellectual property, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Intellectual Property Laws Amendment
(Border Interception) Act 1999.
This Act commences on the day on which it receives the Royal
Assent.
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repealed as set out in the applicable items in the Schedule concerned, and any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.
(1) The amendments made by this Act to the Sydney 2000 Games (Indicia
and Images) Protection Act 1996 and the Trade Marks Act 1995 apply in
relation to goods imported into Australia on or after the commencement of this
Act.
(2) Despite those amendments, those Acts continue to apply after the
commencement of this Act, in relation to goods imported into Australia before
the commencement of this Act (the goods), as if those amendments
had not been made.
(3) If something was done before the commencement of this Act in relation
to the goods:
(a) that thing continues to have effect; and
(b) those Acts continue to apply in relation to that thing;
after the commencement of this Act, as if those amendments had not been
made.
1 Section 29 (definition of designated
owner)
Repeal the definition, substitute:
designated owner, in relation to goods imported into
Australia, means:
(a) the person identified as the owner of the goods on the entry made in
relation to the goods under section 68 of the Customs Act 1901;
or
(b) if no such entry exists—the person determined to be the owner of
the goods under section 29A of this Act.
2 After section 29
Insert:
The CEO or an officer of Customs (within the meaning of subsection 4(1)
of the Customs Act 1901) may determine that a person is the owner of
goods for the purposes of paragraph (b) of the definition of designated
owner if the person is an owner (within the meaning of that subsection)
of the goods.
1 Section 6 (definition of designated
owner)
Repeal the definition, substitute:
designated owner, in relation to goods imported into
Australia, means:
(a) the person identified as the owner of the goods on the entry made in
relation to the goods under section 68 of the Customs Act 1901;
or
(b) if no such entry exists—the person determined to be the owner of
the goods under section 133A of this Act.
Insert:
The Customs CEO or an officer of Customs (within the meaning of
subsection 4(1) of the Customs Act 1901) may determine that a person is
the owner of goods for the purposes of paragraph (b) of the definition of
designated owner if the person is an owner (within the meaning of
that subsection) of the goods.
Note: For designated owner see section
6.