Bill returned from Main Committee with amendments; certified copy of the bill and schedule of amendments presented.

Ordered that this bill be considered forthwith.

Main Committee's amendments—

Part 1—Amendments

76 False registration of industrial designs under the Designs Act 2002

(a) proceedings (copyright proceedings) are brought under this Act in relation to an artistic work in which copyright subsists; and

(b) a corresponding design was registered under the Designs Act 2002; and

(c) the exclusive right in the design had not expired by effluxion of time before the copyright proceedings began; and

(d) it is established in the copyright proceedings that:

(i) none of the persons who are registered owners of the registered design are entitled persons in relation to the design; and

(ii) none of those persons were registered with the knowledge of the owner of the copyright in the artistic work.

(a) the design is taken never to have been registered under the Designs Act 2002; and

(b) section 75 does not apply in relation to anything done in respect of the design; and

(c) nothing in the Designs Act 2002 constitutes a defence.

(a) by an assignee of, or under a licence granted by, the registered owner of the registered design; and

(b) in good faith relying on the registration and without notice of any proceedings (whether or not before a court) to revoke the registration or to rectify the entry in the Register of Designs in relation to the design.

Part 2—Application provisions

(a) for the purposes of section 75 of the Copyright Act 1968—in the same circumstances as the amendment made by item 4 of this Schedule applies;

(b) for the purposes of section 76 of the Copyright Act 1968—in the same circumstances as the amendment made by item 4A of this Schedule applies;

(c) for the purposes of section 77 of the Copyright Act 1968—in the same circumstances as the amendments of section 77 made by items 5 to 13 of this Schedule apply;

(d) for the purposes of section 77A of the Copyright Act 1968—in the same circumstances as that section applies.

(1) Section 76 of the Copyright Act 1968 as amended by item 4A of this Schedule applies in relation to proceedings brought under that Act on or after the commencing day, where the corresponding design has been registered under the Designs Act 2002.

(2) When determining whether a design has been registered under the Designs Act 2002 for the purposes of subitem (1), ignore section 151 of that Act.

Amendments made by item 5

(1) Paragraph 77(1)(b) of the Copyright Act 1968 as amended by item 5 of this Schedule applies to articles and products to which a corresponding design has been applied industrially that are sold, let for hire or offered or exposed for sale or hire on or after the commencing day. However, this subitem does not affect the operation of paragraph 77(1)(b) of the Copyright Act 1968 as in force immediately before the commencing day.

(2) Paragraph 77(1)(c) of the Copyright Act 1968 as amended by item 5 of this Schedule applies to products to which a corresponding design has been applied industrially that are sold, let for hire or offered or exposed for sale or hire on or after the commencing day.

Amendments made by items 6 to 13

(3) The amendments made by items 6 to 13 of this Schedule apply to:

(a) products to which a corresponding design has been applied industrially that are sold, let for hire or offered or exposed for sale or hire on or after the commencing day; and

(b) complete specifications or representations that are first published in Australia on or after the commencing day.

Scout Association Act 1924

Question agreed to.

Bill, as amended, agreed to.