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SALES TAX (WORLD TRADE ORGANIZATION AMENDMENTS) BILL 1994
DAIRY PRODUCE (WORLD TRADE ORGANIZATION AMENDMENTS) BILL 1994
TRADE MARKS BILL 1994
PATENTS (WORLD TRADE ORGANIZATION AMENDMENTS) BILL 1994
CUSTOMS TARIFF (WORLD TRADE ORGANIZATION AMENDMENTS) BILL 1994
CUSTOMS TARIFF (ANTI-DUMPING) (WORLD TRADE ORGANIZATION AMENDMENTS) BILL
1994
CUSTOMS LEGISLATION (WORLD TRADE ORGANIZATION AMENDMENTS) BILL 1994
COPYRIGHT (WORLD TRADE ORGANIZATION AMENDMENTS) BILL 1994

Order of the day read for the further consideration of the bills in

committee of the whole.

In the committee

PATENTS (WORLD TRADE ORGANIZATION AMENDMENTS) BILL 1994--

Consideration resumed of the bill.

Senator Margetts moved the following amendment:

After clause 13, page 7, insert the following clause:

Amendment

"13D. Section 135 of the Principal Act is amended by adding the

following word and paragraph after paragraph (1)(a)(c):

"; or (e) there is no concessional level of maximum reasonable

licence payment for developing nations for the purposes of

their domestic production, consistent with Australia's

obligations under technology transfer provisions embodied

in international agreements, for example the United

Nations Agenda 21 program, climate change conventions, and

social justice conventions.'.".

Debate ensued.

Question--That the amendment be agreed to--put.

The committee divided--

AYES, 8

Bell Bourne (Teller) Chamarette Harradine Lees Margetts Spindler Woodley

NOES, 52

Abetz Alston Baume Bolkus Brownhill Burns Calvert Carr Chapman Childs Coates Colston Cooney Crichton-Browne Denman Devereux Ellison Evans, Christopher Ferguson Foreman Gibson Herron Hill Jones Kemp Knowles Loosley Macdonald, Ian Macdonald, Sandy MacGibbon McGauran McKiernan McMullan Minchin Murphy Neal Newman O'Chee (Teller) Panizza Parer Patterson Reid Reynolds Sherry Tambling Tierney Troeth Vanstone Watson West Woods Zakharov

Question negatived.

Senator Margetts moved the following amendment:

After clause 13, page 7, insert the following clause:

Repeal of section

"13E. Section 136 of the Principal Act is repealed and the following

section inserted:

Negotiation positions on international agreements to be consistent with

the requirements of the public interest under Australian law

" "136. Persons representing the Commonwealth in any international

negotiation concerning intellectual property with a view to the

formulation of international standards or instruments:

(a) may not in relation to the negotiation agree to, accept or

promote any rule, regulation, standard, agreement or other

instrumental outcome that may in any way reduce the scope or

effectiveness of the provisions set out in sections 133, 134 and

135 in so far as they protect the reasonable requirements of the

public; and

(b) must use their best endeavours to ensure that principles

consistent with those established by section 135 are included in

any international agreement or instrument in relation to patents

for the time being under negotiation.".

Debate ensued.

Question--That the amendment be agreed to--put.

The committee divided--

AYES, 9

Bell Bourne (Teller) Chamarette Harradine Kernot Lees Margetts Spindler Woodley

NOES, 36

Baume Boswell Burns Calvert Carr Chapman Childs Coates Collins Colston Cooney Crichton-Browne Denman Devereux Evans, Christopher Ferguson Foreman Herron Jones Knowles Loosley Macdonald, Sandy MacGibbon McGauran McMullan Murphy Neal O'Chee (Teller) Patterson Reynolds Schacht Sherry Tambling Watson West Zakharov

Question negatived.

Question--That the bill be agreed to--divided in respect of clauses 9

and 10--

Clauses 9 and 10 debated.

Question--That clauses 9 and 10 be agreed to--put.

The committee divided--

AYES, 28

Abetz Boswell Burns Carr Childs Coates Colston Cooney Denman Devereux Evans, Christopher Ferguson Foreman (Teller) Jones Knowles Loosley McGauran McMullan Murphy Neal Panizza Reynolds Sherry Vanstone Watson West Woods Zakharov

NOES, 9

Bell Bourne (Teller) Chamarette Harradine Kernot Lees Margetts Spindler Woodley

Clauses agreed to.

Question--That the bill be agreed to--put.

The committee divided--

AYES, 28

Abetz Boswell Burns Carr Childs Coates Colston Cooney Denman Devereux Evans, Christopher Ferguson Foreman (Teller) Jones Knowles Loosley McGauran McMullan Murphy Neal Panizza Reynolds Sherry Vanstone Watson West Woods Zakharov

NOES, 9

Bell Bourne (Teller) Chamarette Harradine Kernot Lees Margetts Spindler Woodley

Question agreed to.

CUSTOMS TARIFF (WORLD TRADE ORGANIZATION AMENDMENTS) BILL 1994--

Bill taken as a whole by leave.

Senator Margetts moved the following amendment:

After clause 1, page 1, insert the following clause:

Operation

"1A.(1) This section commences on the day on which it receives the

Royal Assent.

"(2) The provisions of this Act, other than section 1 and this

section, are not to take effect before the commencement of an Act

which provides that persons representing the Commonwealth in or before

the World Trade Organization may not enter into any agreement or

arrangement which has or may have the object or effect of altering or

overriding any law of the Commonwealth, unless that object or effect

or a class of such objects or effects has been approved by a

resolution of each House of the Parliament.".

Question--That the amendment be agreed to--put and negatived.

Bill agreed to.

CUSTOMS TARIFF (ANTI-DUMPING) (WORLD TRADE ORGANIZATION AMENDMENTS) BILL

1994--

Bill taken as a whole by leave.

Senator Margetts moved the following amendment:

After clause 1, page 1, insert the following clause:

Operation

"1A.(1) This section commences on the day on which it receives the

Royal Assent.

"(2) The provisions of this Act, other than section 1 and this

section, are not to take effect before the commencement of an Act

which provides that persons representing the Commonwealth in or before

the World Trade Organization may not enter into any agreement or

arrangement which has or may have the object or effect of altering or

overriding any law of the Commonwealth, unless that object or effect

or a class of such objects or effects has been approved by a

resolution of each House of the Parliament.".

Question--That the amendment be agreed to--put and negatived.

Bill debated and agreed to.

CUSTOMS LEGISLATION (WORLD TRADE ORGANIZATION AMENDMENTS) BILL 1994--

Bill taken as a whole by leave.

Senator Chamarette moved the following amendment:

After clause 1, page 1, insert the following clause:

Operation

"1A.(1) This section commences on the day on which it receives the

Royal Assent.

"(2) The provisions of this Act, other than section 1 and this

section, are not to take effect before the commencement of an Act

which provides that persons representing the Commonwealth in or before

the World Trade Organization may not enter into any agreement or

arrangement which has or may have the object or effect of altering or

overriding any law of the Commonwealth, unless that object or effect

or a class of such objects or effects has been approved by a

resolution of each House of the Parliament.".

Question--That the amendment be agreed to--put and negatived.

Senator Chamarette moved the following amendments together by leave:

Clause 7, page 7, after paragraph (d), insert the following paragraph:

"(da) by omitting subsection (4A) and substituting the following

subsection:

"(4A) Where, in relation to goods of a particular kind first

referred to in subsection (4), the like goods referred to in that

subsection are close processed agricultural goods, then, despite

subsection (4), the industry in respect of those close processed

agricultural goods consists either of the person or persons

producing the processed goods or of the person or persons

producing the raw agricultural goods from which the processed

goods are derived.'.".

Clause 15, page 21, before paragraph (a), insert the following

paragraph:

"(aa) by omitting paragraph (1)(b) and substituting the following

paragraph:

"(b) there is, or may be established, an Australian industry:

(i) producing like goods; or

(ii) producing components or inputs to like goods; and';".

Debate ensued.

Question--That the amendments be agreed to--put.

The committee divided--

AYES, 8

Bell Bourne (Teller) Chamarette Kernot Lees Margetts Spindler Woodley

NOES, 27

Boswell Childs Coates Colston Cooney Denman Devereux Evans, Christopher Ferguson Foreman Jones Loosley McGauran McKiernan McMullan Murphy Neal O'Chee Panizza (Teller) Parer Patterson Reynolds Sherry Vanstone Watson West Zakharov

Question negatived.

Senator Chamarette moved the following amendment:

After clause 8, page 10, insert the following clause:

Amendment

"8A. The Principal Act is amended by inserting the following word and

paragraph after paragraph 269TAA(1)(c):

"; or (d) in the opinion of the Minister a nominal price assigned to

a good transferred internationally within a company, or

between branches, subsidiaries or associated companies, or

to an associate of the buyer, will, directly or

indirectly, result in reimbursement, compensation, or

other benefit to, the importer in such a way that a

subsidy or transfer pricing arrangement works to avoid

taxation or anti-dumping provisions.".

Debate ensued.

Question--That the amendment be agreed to--put.

The committee divided--

AYES, 8

Bell Bourne (Teller) Chamarette Kernot Lees Margetts Spindler Woodley

NOES, 28

Baume Boswell Childs Coates Colston Cooney Crowley Denman Devereux Evans, Christopher Ferguson Foreman Herron Hill Jones Loosley McGauran McKiernan McMullan Murphy Neal Panizza (Teller) Reynolds Sherry Vanstone Watson West Zakharov

Question negatived.

Question--That the bill be agreed to--put.

The committee divided--

AYES, 25

Childs Coates Colston Cooney Crowley Denman Devereux Evans, Christopher Foreman (Teller) Herron Jones Loosley McGauran McKiernan McMullan Murphy Neal Panizza Reynolds Sherry Troeth Vanstone Watson West Zakharov

NOES, 8

Bell Bourne (Teller) Chamarette Kernot Lees Margetts Spindler Woodley

Question agreed to.

COPYRIGHT (WORLD TRADE ORGANIZATION AMENDMENTS) BILL 1994--

Bill taken as a whole by leave.

Senator Margetts moved the following amendment:

After clause 1, page 1, insert the following clause:

Operation

"1A.(1) This section commences on the day on which it receives the

Royal Assent.

"(2) The provisions of this Act, other than section 1 and this

section, are not to take effect before the commencement of an Act

which provides that persons representing the Commonwealth in or before

the World Trade Organization may not enter into any agreement or

arrangement which has or may have the object or effect of altering or

overriding any law of the Commonwealth, unless that object or effect

or a class of such objects or effects has been approved by a

resolution of each House of the Parliament.".

Question--That the amendment be agreed to--put and negatived.

Senator Spindler moved the following amendments together by leave:

Clause 3, page 2, proposed paragraph 30A(1)(a), line 37, omit "it will

or may be returned", substitute "it will be returned".

Clause 3, page 3, proposed paragraph 30A(2)(a), lines 11 and 12, omit

"it will or may be returned", substitute "it will be returned".

Debate ensued.

Question--That the amendments be agreed to--put and negatived.

Senator Margetts moved the following amendment:

Clause 3, page 3, at end of proposed section 30A, add the following

subsections:

" "(5) To avoid doubt it is declared that a lending arrangement in a

public lending library or an educational institution is not to be

regarded as a commercial rental arrangement for the purposes of

subsection (1) or (2).

"(6) It is not the intention of the Parliament that a non-conditional

used good resale arrangement in respect of a copy of a sound recording

or computer program should be regarded as a commercial rental

arrangement for the purposes of subsection (1) or (2).

"(7) An arrangement is to be regarded as a non-conditional used good

resale arrangement if:

(a) it provides for the sale of a used good by a person to another

person with no requirement or expectation for repurchase of the

good by the second person; or

(b) it provides for the sale of a used good to or by a person in the

ordinary course of a business whose primary purpose is the

purchase and resale of used goods with no requirement or

expectation for the repurchase of those goods.".

The Minister for Trade (Senator McMullan) moved--That the committee

report progress and ask leave to sit again.

Question put and passed.

The Deputy President (Senator Crichton-Browne) resumed the Chair and the

Temporary Chairman of Committees (Senator Herron) reported that the

committee had considered the bills, made progress and asked leave to sit

again.

Ordered, on the motion of Senator McMullan, that the committee have

leave to sit again at a later hour.

Suspension of sitting: On the motion of Senator McMullan the sitting of

the Senate was suspended till 2 p.m.

At 2 p.m.--