Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018

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Version as at 28 October 2021

Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018

Public Act		2016 No 90
Date of assent		21 November 2016
Commencement		see section 2

Act name: amended, on 26 October 2018, by section 4 of the Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 (2018 No 41).

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry of Foreign Affairs and Trade.

1	Title
2	Commencement
	Part 1 Amendments to Copyright Act 1994
3	Principal Act
4	Section 2 amended (Interpretation)
5	Section 22 amended (Duration of copyright in literary, dramatic, musical, or artistic works)
6	Section 23 amended (Duration of copyright in sound recordings and films)
7	Section 28 amended (Copyright vesting in certain international organisations)
8	Section 67 amended (Acts permitted on assumptions as to expiry of copyright or death of author in relation to anonymous or pseudonymous works)
9	Section 135 amended (Definitions)
10	New sections 135A to 135C inserted
	135A	Detention of items suspected of being pirated copies
	135B	Notice
	135C	Release of items
11	Section 137 amended (Determination whether item is pirated copy)
12	Section 140 amended (Detention of pirated copy)
13	Section 141 amended (Proceedings)
14	Section 141A amended (Forfeiture of goods by consent)
15	Section 142 amended (Powers of court)
16	Section 169 amended (Interpretation)
17	Section 170 amended (Application)
18	New sections 170A to 170I and subpart 1 and 2 headings in Part 9 inserted
		Subpart 1—Performers’ moral rights
		Right to be identified
	170A	Right to be identified as performer
	170B	Content of right to be identified as performer
	170C	Right to be identified as performer must be asserted
	170D	Exceptions to right to be identified as performer
		Right relating to derogatory treatment of performance
	170E	Right relating to derogatory treatment of performance
	170F	Content of right relating to derogatory treatment of performance
	170G	Exceptions to right relating to derogatory treatment of performance
		Other provisions relating to moral rights
	170H	Consent and waiver of rights
	170I	Application to parts of performances
		Subpart 2—Consent required for recording, live transmission, or use of recording of performance
19	Cross-heading above section 171 repealed
20	Section 172 amended (Infringement by use of recording made without performer’s consent)
21	New subpart 3 heading in Part 9 inserted
		Subpart 3—Performers’ rights relating to film
22	Section 173 amended (Copying of recordings)
23	Section 174 amended (Infringement by importing, possessing, or dealing with illicit recording)
24	New sections 174A to 174D and subpart 4 and 5 headings in Part 9 inserted
		Subpart 4—Performers’ property rights relating to sound recordings
	174A	Application
	174B	Consent required for making sound recording available to public
	174C	Consent required for copying of sound recording
	174D	Consent required for issue of copies to public
		Subpart 5—Acts permitted in relation to performances
25	Cross-heading above section 175 repealed
26	Amendments to sections 175 to 189
27	New section 192A and subpart 6 heading in Part 9 inserted
	192A	Other acts permitted in relation to performers’ property rights
		Subpart 6—Miscellaneous provisions
28	Section 193 replaced (Duration of rights)
	193	Duration of rights
29	Section 194 replaced (Transmission of rights)
	194	Transmission of performers’ rights
	194A	Moral rights not assignable
	194B	Transmission of moral rights on death
	194C	Performers’ rights relating to consent for recording or live transmission and to film recordings not assignable
	194D	Transmission of performers’ rights relating to consent for recording or live transmission and to film recordings on death
	194E	Transmission of performers’ property rights
	194F	Assignment
	194G	Performers’ property rights to pass under will with unpublished original recording
	194H	Future property rights
		Licences
	194I	Licences
	194J	Rights and remedies of exclusive licensee
	194K	Exercise of concurrent rights
30	Cross-heading above section 195 replaced
		Consent and waiver
31	Section 195 amended (Consent)
32	Section 196 amended (Proceedings for infringement of performers’ rights)
33	New section 196A inserted (Proceedings against the Crown)
	196A	Proceedings against the Crown
34	New section 197A and cross-heading inserted
		Presumptions
	197A	Presumptions relevant to performances
35	Section 198 amended (Criminal liability for making, dealing with, using, or copying illicit recordings)
36	Section 199 amended (Order for delivery up in criminal proceedings)
37	New section 201A inserted (Evidence in proceedings)
	201A	Evidence in proceedings
37A	Section 226 amended (Definitions of TPM terms)
37B	Section 226D amended (When rights of issuer of TPM work do not apply)
37C	Section 226E amended (User’s options if prevented from exercising permitted act by TPM)
37D	Section 226F replaced (Meaning of copyright management information)
37E	Section 226G amended (Interference with CMI prohibited)
37F	Section 226H amended (Commercial dealing in work subject to CMI interference)
37G	Section 226I amended (Contravention of section 226G or 226H)
38	Section 226 replaced (Definitions of TPM terms)
	226AAA	Overview of provisions relating to technological protection measures
	226	Definitions of TPM terms
39	Section 226A replaced (Prohibited conduct in relation to technological protection measure)
	226A	Dealing in TPM circumvention devices
	226AB	Providing service to circumvent technological protection measures
	226AC	Circumventing access control TPM
40	Section 226B amended (Rights of issuer of TPM work)
41	Sections 226C to 226J and cross-heading replaced
	226C	Offence of contravening section 226A, 226AB, or 226AC
	226D	Provisions to be construed independently
	226E	Acts that do not infringe copyright or specified performers’ rights
	226F	Geographic market segmentation
	226G	Law enforcement, national security, and performing or exercising other functions, powers, or duties
	226H	Encryption research
	226I	Embedded computer program that involves use of goods or services
	226J	Computer programs that are no longer supported by remote server
	226K	Other acts relating to computers
	226L	Non-infringing acts expressly permitted by regulations
	226M	Relationship with Crimes Act 1961
	226N	Sections 226F to 226K apply subject to prescribed modifications
	226O	Application of provisions to not-for-profit entities
		Rights management information
	226P	Definitions of RMI terms
	226Q	Interference with RMI
	226R	Dealing in RMI that has been modified
	226S	Dealing in work subject to RMI interference
	226T	Rights and remedies for contravention of sections 226Q to 226S
	226U	Offence of contravening sections 226Q to 226S
		Protection of encrypted programme-carrying satellite and cable signals
	226V	Definitions
	226W	Prohibited dealing in decoding devices or systems relating to satellite signals
	226X	Prohibited receipt and decoding of satellite signals or distribution of decoded satellite signals
	226Y	Prohibited conduct in relation to cable signals
	226Z	Civil remedies for contravention of sections 226W to 226Y
	226ZA	Offence for contravention of section 226W or 226X
		Fraudulently receiving programmes and unauthorised reception of transmissions
42	Section 228 amended (Rights and remedies in respect of apparatus, etc, for unauthorised reception of transmissions)
43	Section 234 amended (Regulations)
44	Schedule 1 amended
		Subpart 1—Copyright
	44	Interpretation
	45	Duration of copyright in works generally
	46	Duration of copyright in certain works
		Subpart 2—Performers’ rights
		Interpretation
	47	Interpretation
		Application
	48	Application
		Duration
	49	Duration of performers’ rights generally
	50	Duration of certain performers’ rights
	Part 2 Amendments to Customs and Excise Act 1996 [Repealed]
45	Principal Act [Repealed]
46	Section 119 amended (Application for Customs ruling) [Repealed]
47	Section 120 amended (Making of Customs ruling) [Repealed]
48	Section 122 amended (Effect of Customs ruling) [Repealed]
	Part 3 Amendments to Dairy Industry Restructuring Act 2001
49	Principal Act
50	Section 5 amended (Interpretation)
51	New section 5A inserted (Transitional, savings, and related provisions)
	5A	Transitional, savings, and related provisions
52	Section 26 amended (Later allocation of export licences)
53	Section 27A amended (Increases or reductions in rights to export to designated markets after initial period)
54	New Schedule 1 inserted
55	Schedule 5A amended
56	Schedule 5B amended
	Part 4 Amendment to Hazardous Substances and New Organisms Act 1996
57	Principal Act
58	Section 59 amended (Time limits and waivers)
	Part 5 Amendments to Legislation Act 2012
59	Principal Act
60	Section 3 amended (Purposes)
61	Section 4 amended (Interpretation)
62	Section 13 amended (Complying with requirement to publish or notify in Gazette by publishing and notifying under this Act)
63	New Part 2A inserted
		Part 2A Publishing, for international transparency, of copies of and links to certain subordinate legislation
		Purpose, overview, and definitions
	36A	Purpose of this Part
	36B	Overview of this Part
	36C	Instrument, and other terms, defined
		Duty to publish and make available copies on maker’s website
	36D	Maker must ensure instrument is published and made available
		Duty to ensure details are in or with copies as on maker’s website
	36E	Maker must ensure details are in or with instrument
		Links to be forwarded and made available on central website
	36F	Links to be forwarded as directed
	36G	Links forwarded and other instruments must be published and made available
64	Section 59 amended (Functions of PCO)
65	Schedule 2 amended
	Part 6 Amendments to Overseas Investment Act 2005
66	Principal Act
67	New section 8A inserted (Transitional, savings, and related provisions) [Repealed]
68	Section 13 amended (What are overseas investments in significant business assets)
68A	Section 61 amended (Regulations)
69	New section 61A inserted (Regulations regarding alternative monetary thresholds for overseas investments in significant business assets)
	61A	Regulations regarding alternative monetary thresholds for overseas investments in significant business assets
70	Schedule 1AA amended
	Part 7 Amendments to Patents Act 2013
71	Principal Act
72	Section 9 amended (Disclosure to be disregarded in certain circumstances)
73	Section 20 amended (Term of patent)
74	Section 110 amended (Renewal fees for patents of addition)
75	New subpart 10A of Part 3 inserted
		Subpart 10A—Extension of term
		Extension of term if unreasonable delay in granting patent
	111A	Requests for extension of patent if delay in granting patent
	111B	Grant of extension of patent on ground of unreasonable delay in granting patent
		Extension of term of patents relating to pharmaceutical substances
	111C	Interpretation for sections 111C to 111O
	111D	Requests for extension of patent if unreasonable curtailment of effective patent term as result of marketing approval process
	111E	Grant of extension of patent on ground of unreasonable curtailment of effective patent term as result of marketing approval process
	111F	What is unreasonable curtailment
	111G	Calculation of term of extension
	111H	Opposition to extension on ground of unreasonable curtailment of effective patent term as result of marketing approval process
	111I	Exclusive rights of patentee are limited if extension granted on ground of unreasonable curtailment
		General provisions about all extensions of term under this subpart
	111J	Notification and public inspection of request for extension
	111K	Notification of grant or refusal of request for extension
	111L	Withdrawal of request for extension
	111M	Rights of patentee if extension granted after patent expires
	111N	Commissioner not to make decision if certain proceedings pending
	111O	Term of patent of addition
76	New section 146A inserted (Other instances of no infringement)
	146A	Other instances of no infringement
77	Schedule 1AA amended
	4	New 1-year grace period applies only to public disclosures that occur on or after commencement
	5	Sections 111A and 111B apply only if patent date is on or after commencement
	6	Sections 111C to 111G apply only if marketing approval application is made on or after commencement
	Part 8 Amendments to Tariff Act 1988
78	Principal Act
79	Section 2 amended (Interpretation)
80	Section 3 amended (The Tariff)
81	Section 7A amended (Orders in Council about preferential countries)
82	Section 15A amended (Interpretation)
83	Section 15B amended (Chief executive may undertake transitional safeguard investigation)
84	Section 15C amended (Investigative procedures)
85	Section 15D amended (Matters to be taken into account by chief executive)
86	Section 15F amended (Application of transitional safeguard measure)
87	Section 15G amended (Extension of transitional safeguard measure)
88	Section 15H amended (Provisional transitional safeguard measure)
	Part 9 Amendments to the Tariff
89	Tariff amended
90	Tariff, note 2 amended
91	Tariff, note 3 amended
	Part 10 Amendments to Trade Marks Act 2002
92	Principal Act
93	Section 106 amended (Types of relief available for infringement of registered trade mark)
94	Section 108 amended (Order for erasure, etc, of offending sign)
95	Section 135 amended (Interpretation)
96	New sections 135A and 135B and cross-heading inserted
		Detention of goods suspected of bearing infringing sign
	135A	Detention of goods suspected of bearing infringing sign
	135B	Release of goods
97	Section 142 replaced (Application of sections 143 to 146)
	142	Application of sections 143 to 146
98	Section 143 amended (Determination to conduct investigation)
99	Section 149 amended (Detention of goods bearing infringing sign)
100	Section 150 amended (When detained goods may be released)
101	Section 151 amended (Forfeiture of goods by consent)
102	Section 153 amended (Proceedings to determine whether goods bear infringing sign)
103	Section 154 amended (Powers of court)
104	Section 157 amended (Protection of persons acting under authority of Act)
	Part 11 Amendments to Wine Regulations 2006
105	Principal regulations
106	New regulation 8A inserted (Labelling of grape ice wine for export)
107	Regulation 18 amended (Offences)
	Schedule 1 Replacing references in sections 175 to 179 and 181 to 189 of Copyright Act 1994
	Schedule 2 New Schedule 1 of Dairy Industry Restructuring Act 2001 inserted
	Schedule 3 Schedule 1AA of Overseas Investment Act 2005 amended
	Notes

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