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This is a Bill, not an Act. For current law, see the Acts databases.
THERAPEUTIC GOODS LEGISLATION AMENDMENT (COPYRIGHT) BILL 2011
2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Therapeutic Goods Legislation
Amendment (Copyright) Bill 2011
No. , 2011
(Health and Ageing)
A Bill for an Act to amend the Copyright Act 1968,
and for related purposes
i Therapeutic Goods Legislation Amendment (Copyright) Bill 2011 No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
1
Schedule 1--Amendments
3
Copyright Act 1968
3
Therapeutic Goods Legislation Amendment (Copyright) Bill 2011 No. , 2011 1
A Bill for an Act to amend the Copyright Act 1968,
1
and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Therapeutic Goods Legislation
5
Amendment (Copyright) Act 2011.
6
2 Commencement
7
This Act commences on the day after this Act receives the Royal
8
Assent.
9
3 Schedule(s)
10
Each Act that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
2 Therapeutic Goods Legislation Amendment (Copyright) Bill 2011 No. , 2011
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
3
Amendments Schedule 1
Therapeutic Goods Legislation Amendment (Copyright) Bill 2011 No. , 2011 3
Schedule 1--Amendments
1
2
Copyright Act 1968
3
1 After section 44B
4
Insert:
5
44BA Acts done in relation to certain medicine
6
(1) The following acts are not an infringement of any copyright
7
subsisting under this Part in a work that is product information
8
approved under section 25AA of the Therapeutic Goods Act 1989
9
in relation to medicine:
10
(a) an act that is done under that Act and that is in respect of
11
product information in relation to:
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(i) restricted medicine; or
13
(ii) medicine in respect of which the applicant for the
14
registration of that medicine under that Act has been
15
given a notice of the kind referred to in subparagraph
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25(1)(da)(ii) of that Act; or
17
(iii) medicine in respect of which subsection 25AA(2) or (3)
18
of that Act applies;
19
(b) an act that is ancillary or incidental to an act referred to in
20
paragraph (a).
21
(2) The following acts are not an infringement of any copyright
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subsisting under this Part in a work that is product information
23
approved under section 25AA of the Therapeutic Goods Act 1989
24
in relation to medicine:
25
(a) supplying, in Australia, some or all of any product
26
information that is approved under that section in relation to
27
medicine;
28
(b) reproducing, in Australia, some or all of the information
29
referred to in paragraph (a);
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(c) publishing, in Australia, some or all of the information
31
referred to in paragraph (a);
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(d) communicating, in Australia, some or all of the information
33
referred to in paragraph (a);
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Schedule 1 Amendments
4 Therapeutic Goods Legislation Amendment (Copyright) Bill 2011 No. , 2011
(e) adapting, in Australia, some or all of the information referred
1
to in paragraph (a);
2
to the extent that the supply, reproduction, publication,
3
communication or adaptation is for a purpose related to the safe
4
and effective use of the medicine referred to in paragraph (a).
5
(3) An act done in Australia that is ancillary or incidental to a supply,
6
reproduction, publication, communication or adaptation referred to
7
in subsection (2) is not an infringement of any copyright subsisting
8
under this Part in the work referred to in subsection (2).
9
(4) For the purposes of this section, medicine, product information
10
and restricted medicine have the same meanings as in the
11
Therapeutic Goods Act 1989.
12
2 Application
13
Subsections 44BA(1), (2) and (3) of the Copyright Act 1968, as inserted
14
by this Act, apply in relation to acts done on or after the day on which
15
this item commences (regardless of whether the product information
16
referred to in subsection 44BA(1) or (2) of that Act was approved
17
before, on or after that day).
18
3 Compensation for acquisition of property
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(1)
If the operation of this Schedule would result in an acquisition of
20
property from a person otherwise than on just terms, the
21
Commonwealth is liable to pay a reasonable amount of compensation to
22
the person.
23
(2)
If the Commonwealth and the person do not agree on the amount of the
24
compensation, the person may institute proceedings in a court of
25
competent jurisdiction for the recovery from the Commonwealth of
26
such reasonable amount of compensation as the court determines.
27
(3)
In this item:
28
acquisition of property has the same meaning as in paragraph 51(xxxi)
29
of the Constitution.
30
just terms has the same meaning as in paragraph 51(xxxi) of the
31
Constitution.
32