Trans-Pacific Partnership Agreement Amendment Bill

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Hon Todd McClay

Trans-Pacific Partnership Agreement Amendment Bill

Government Bill

133—2

	Commentary
	Key
1	Title
2	Commencement
	Part 1 Amendments to Agricultural Compounds and Veterinary Medicines Act 1997
3	Principal Act
4	New section 2A inserted (Transitional, savings, and related provisions)
	2A	Transitional, savings, and related provisions
5	Section 72 amended (Interpretation)
6	New Schedule 1 inserted
	Part 2 Amendments to Copyright Act 1994
7	Principal Act
8	Section 2 amended (Interpretation)
9	Section 22 amended (Duration of copyright in literary, dramatic, musical, or artistic works)
10	Section 23 amended (Duration of copyright in sound recordings and films)
11	Section 28 amended (Copyright vesting in certain international organisations)
12	Section 67 amended (Acts permitted on assumptions as to expiry of copyright or death of author in relation to anonymous or pseudonymous works)
13	Section 135 amended (Definitions)
14	New sections 135A to 135C inserted
	135A	Detention of items suspected of being pirated copies
	135B	Notice
	135C	Release of items
15	Section 137 amended (Determination whether item is pirated copy)
16	Section 140 amended (Detention of pirated copy)
17	Section 141 amended (Proceedings)
18	Section 141A amended (Forfeiture of goods by consent)
19	Section 142 amended (Powers of court)
20	Section 169 amended (Interpretation)
21	Section 170 amended (Application)
22	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
23	Cross-heading above section 171 repealed
24	Section 172 amended (Infringement by use of recording made without performer’s consent)
25	New subpart 3 heading in Part 9 inserted
		Subpart 3—Performers’ rights relating to film
26	Section 173 amended (Copying of recordings)
27	Section 174 amended (Infringement by importing, possessing, or dealing with illicit recording)
28	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
29	Cross-heading above section 175 repealed
30	Amendments to sections 175 to 189
31	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
32	Section 193 replaced (Duration of rights)
	193	Duration of rights
33	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
34	Cross-heading above section 195 replaced
		Consent and waiver
35	Section 195 amended (Consent)
36	Section 196 amended (Proceedings for infringement of performers’ rights)
37	New section 196A inserted (Proceedings against the Crown)
	196A	Proceedings against the Crown
37A	New section 197A and cross-heading inserted
		Presumptions
	197A	Presumptions relevant to performances
38	Section 198 amended (Criminal liability for making, dealing with, using, or copying illicit recordings)
38A	Section 199 amended (Order for delivery up in criminal proceedings)
38B	New section 201A inserted (Evidence in proceedings)
	201A	Evidence in proceedings
39	Section 226 replaced (Definitions of TPM terms)
	226AAA	Overview of provisions relating to technological protection measures
	226	Definitions of TPM terms
40	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
41	Section 226B amended (Rights of issuer of TPM work)
42	Sections 226C to 226J and cross-heading replaced
	226C	Offence of contravening section 226A, 226AB, or 226AC
	226CA	Provisions to be construed independently
	226D	Acts that do not infringe copyright or specified performers’ rights
	226E	Geographic market segmentation
	226F	Law enforcement, national security, and performing or exercising other functions, powers, or duties
	226G	Encryption research
	226H	Embedded computer program that involves use of goods or services
	226I	Computer programs that are no longer supported by remote server
	226J	Other acts relating to computers
	226K	Non-infringing acts expressly permitted by regulations
	226KA	Relationship with Crimes Act 1961
	226L	Sections 226E to 226J apply subject to prescribed modifications
	226M	Application of provisions to not-for-profit entities
		Rights management information
	226N	Definitions of RMI terms
	226O	Interference with RMI
	226P	Dealing in RMI that has been modified
	226Q	Dealing in work subject to RMI interference
	226R	Rights and remedies for contravention of sections 226O to 226Q
	226S	Offence of contravening sections 226O to 226Q
		Protection of encrypted programme-carrying satellite and cable signals
	226T	Definitions
	226U	Prohibited dealing in decoding devices or systems relating to satellite signals
	226V	Prohibited receipt and decoding of satellite signals or distribution of decoded satellite signals
	226W	Prohibited conduct in relation to cable signals
	226X	Civil remedies for contravention of sections 226U to 226W
	226Y	Offence for contravention of section 226U or 226V
		Fraudulently receiving programmes and unauthorised reception of transmissions
43	Section 228 amended (Rights and remedies in respect of apparatus, etc, for unauthorised reception of transmissions)
44	Section 234 amended (Regulations)
45	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 3 Amendments to Customs and Excise Act 1996
46	Principal Act
47	Section 119 amended (Application for Customs ruling)
48	Section 120 amended (Making of Customs ruling)
49	Section 122 amended (Effect of Customs ruling)
	Part 4 Amendments to Dairy Industry Restructuring Act 2001
50	Principal Act
51	Section 5 amended (Interpretation)
52	New section 5A inserted (Transitional, savings, and related provisions)
	5A	Transitional, savings, and related provisions
53	Section 26 amended (Later allocation of export licences)
54	Section 27A amended (Increases or reductions in rights to export to designated markets after initial period)
55	New Schedule 1 inserted
56	Schedule 5A amended
57	Schedule 5B amended
	Part 5 Amendment to Hazardous Substances and New Organisms Act 1996
58	Principal Act
59	Section 59 amended (Time limits and waivers)
	Part 6 Amendments to Legislation Act 2012
60	Principal Act
61	Section 3 amended (Purposes)
62	Section 4 amended (Interpretation)
63	Section 13 amended (Complying with requirement to publish or notify in Gazette by publishing and notifying under this Act)
64	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 administrator’s website
	36D	Administrator must ensure instrument is published and made available
		Duty to ensure details are in or with copies as on administrator’s website
	36E	Administrator must ensure details are in or with instrument
		Links to be forwarded and made available on legislation website
	36F	Links to be forwarded as directed
	36G	Links forwarded must be published and made available
65	Section 59 amended (Functions of PCO)
65A	Schedule 2 amended
	Part 7 Amendments to Overseas Investment Act 2005
66	Principal Act
67	New section 8A inserted (Transitional, savings, and related provisions)
	8A	Transitional, savings, and related provisions
68	Section 13 amended (What are overseas investments in significant business assets)
69	New section 61A inserted (Regulations regarding alternative ~~value~~ monetary thresholds for overseas investments in significant business assets)
	61A	Regulations regarding alternative ~~value~~ monetary thresholds for overseas investments in significant business assets
70	New Schedule 1AA inserted
	Part 8 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 ~~court~~ 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 1 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 9 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 10 Amendments to the Tariff
89	Tariff amended
90	Tariff, note 2 amended
91	Tariff, note 3 amended
	Part 11 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 12 Amendments to Wine Regulations 2006
105	Principal regulations
106	New regulation 8A inserted (Labelling of grape ice wine for export following entry into force of Trans-Pacific Partnership Agreement)
	8A	Labelling of grape ice wine for export following entry into force of Trans-Pacific Partnership Agreement
107	Regulation 18 amended (Offences)
	Schedule 1 New Schedule 1 of Agricultural Compounds and Veterinary Medicines Act 1997 inserted
	Schedule 2 Replacing references in sections 175 to 179 and 181 to 189 of Copyright Act 1994
	Schedule 3 New Schedule 1 of Dairy Industry Restructuring Act 2001 inserted
	Schedule 4 New Schedule 1AA of Overseas Investment Act 2005 inserted
	Legislative history

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