WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/AUS/C/3/Add.2 
IP/N/1/AUS/D/3 15 August 2007 
 
(07-3436) 
Council for Trade-Related Aspects of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
 
MAIN DEDICATED INTELLECTUAL PROPERTY  
LAWS AND REGULATIONS NOTIFIED UNDER  
ARTICLE 63.2 OF THE AGREEMENT 
 
AUSTRALIA 
 
 
 The present document reproduces the text
1 of the Designs (Consequential Amendments) 
Act 2003 - No. 148, 2003, notified by Australia under Article 63.2 of the Agreement (see document 
IP/N/1/AUS/2). 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA  
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE  
DE L'ARTICLE 63:2 DE L'ACCORD 
 
AUSTRALIE 
 
 
 Le présent document contient le texte
1 de la Loi de 2003 sur les dessins et modèles industriels 
(modifications consécutives) – n° 148, 2003, notifiée par l'Australie au titre de l'article 63:2 de 
l'Accord (voir le document IP/N/1/AUS/2). 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA  
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD  
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
AUSTRALIA 
  
 En el presente documento se reproduce el texto
1 de la Ley de Dibujos y Modelos 
(modificaciones pertinentes) de 2003 - Nº 148, de 2003, notificado por Aust ralia en virtud de lo 
dispuesto en el párrafo 2 del artículo 63 de l Acuerdo (véase el documento IP/N/1/AUS/2). 
                                                      
1 In English only/En anglais seulement/En inglés solamente. IP/N/1/AUS/C/3/Add.2 
IP/N/1/AUS/D/3 Page 2 
 
 
  
 
 
  
 
  
Designs (Consequential Amendments) Act 2003 
 
No. 148, 2003 
    
 
An Act to amend certain Acts in consequence of the repeal of the 
Designs Act 1906  and the enactment of the Designs Act 2003 , and 
for related purposes 
 
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IP/N/1/AUS/D/3 
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  Contents 
 
 1 Short title  
  2 Commencement   
 3 Schedule(s)  
 Schedule 1—Copyright Act 1968    Part 1—Amendments   
 Part 2—Application provisions 9 
 Schedule 2—Consequential amendments of other Acts    A New Tax System (Wine Equalisation Tax) Act 1999  
 
 ANL Act 1956    Australian Communications Authority Act 1997    Australian Hearing Services Act 1991  
 
 Commonwealth Banks Act 1959    Commonwealth Services Delivery Agency Act 1997   
 Customs Act 1901  
  Freedom of Information Act 1982    Health Insurance Commission Act 1973  
 
 Jurisdiction of Courts (Cross-vesting) Act 1987    Radiocommunications Act 1992    Scout Association Act 1924  
 
 Telecommunications Act 1997    Telstra Corporation Act 1991   
 Tobacco Advertising Prohibition Act 1992   IP/N/1/AUS/C/3/Add.2 
IP/N/1/AUS/D/3 Page 4 
 
 
  
 
 
 
Designs (Consequential Amendments) Act 2003 
No. 148, 2003 
________________________________ ________________________________ 
An Act to amend certain Acts in consequence of the  repeal of the Designs 
Act 1906  and the enactment of the Designs Act 2003 , and for related 
purposes 
 
[Assented to 17 December 2003 ] 
 
The Parliament of Australia enacts: 
 
 
1  Short title 
 
  This Act may be cited as the Desi gns (Consequential Amendments) Act 2003.   
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  2  Commencement 
 
 (1) Each provision of this Act specified in column 1 of the table commences, or is taken 
to have commenced, on the day or at the tim e specified in column 2 of the table. 
 
Commencement information 
Column 1 Column 2 Column 3 
Provision(s) Commencement Date/Details 
1.  Sections 1 to 3 and 
anything in this Act 
not elsewhere covered by this table The day on which this Act receives the Royal Assent 17 December 2003 
2.  Schedules 1 and 2 Immediately after the commencement of section 4 of 
the Designs Act 2003 . 17 June 2004 
 
              Note: This table relates only to the provisions of th is Act as originally passed by the Parliament and 
assented to. It will not be expanded to deal with provisions inserted in this Act after assent. 
 
 (2) Column 3 of the table is for additional info rmation that is not part of this Act. This 
information may be included in an y published version of this Act. 
 
3  Schedule(s) 
   Each Act that is specified in a Schedule to  this Act is amended or repealed as set out 
in the applicable items in the Schedule con cerned, and any other item in a Schedule to 
this Act has effect according to its terms. 
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  Schedule 1—Copyright Act 1968 
   
Part 1—Amendments 
 
1  Subsection 10(1) (paragraph (c) of the definition of artistic work ) 
 
 Omit “to which neither of the last two precedi ng paragraphs applies”, substitute “whether or 
not mentioned in paragraph (a) or (b)”. 
 2  Section 74 (definition of corresponding design ) 
 
 Omit all the words after “means”, substitute “vis ual features of shape or configuration which, 
when embodied in a product, result in a reproduction of that work, whether or not the visual features constitute a design that is capable of being registered under the Designs Act 2003 ”. 
 
3  At the end of section 74 
 
Add:   (2) For the purposes of subsection (1):  
  embodied in , in relation to a product, includes woven into, impressed on or worked 
into the product. 
 
4  Section 75 
 
 Omit all the words after “under”, substitute “the Designs Act 1906 or the Designs Act 2003  on 
or after that commencement, it is not an infringe ment of that copyright to reproduce the work 
by embodying that, or any other, corresponding design in a product”. 
 
4A  Section 76 
 
 Repeal the section, substitute:  
76  False registration of industrial designs under the Designs Act 2003  
  (1) This section applies if: 
               (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 2003 ; 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. 
   (2) Subject to subsection (3), for th e purposes of the copyright proceedings: 
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                (a) the design is ta ken never to have been registered under the Designs Act 2003 ; 
and 
              (b) section 75 does not apply in relation to anything done in respect of the 
design; and 
  (c) nothing in the Designs Act 2003  constitutes a defence. 
  (3) Ignore subsection (2) if it is established in the copyright proceedings that the act to 
which the proceedings relate was done: 
 
              (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 c ourt) to revoke the registration or to 
rectify the entry in the Register of  Designs in relation to the design. 
 
5  Paragraphs 77(1)(b) and (c) 
 
 Repeal the paragraphs, substitute:                (b) a corresponding design is or has been applied industrially, whether in 
Australia or elsewhere, and whether befo re or after the commencement of this 
section, by or with the licence of the owner of the copyright in the place of 
industrial application; and 
              (c) at any time on or after the commencement of this section, products to which 
the corresponding design has been so applied (the products made to the 
corresponding design ) are sold, let for hire or offered or exposed for sale or 
hire, whether in Australia or elsewhere; and 
 
6  Paragraph 77(1)(d) 
 
 Omit “ 1906 ”, substitute “ 2003 ”. 
 
7  At the end of paragraph 77(1)(d) 
 
 Add “or under the Designs Act 1906 ”. 
 8  After subsection 77(1) 
 
 Insert:   (1A) This section also applies if:  
              (a) a complete specification that discloses a product made to the corresponding 
design; or 
              (b) a representation of a product made to the corresponding design and included 
in a design application; 
  is published in Australia, whether or not paragraphs (1)(b) and (c) are satisfied in 
relation to the corresponding design. 
 
9  Subsection 77(2) 
 
 Repeal the subsection, substitute: IP/N/1/AUS/C/3/Add.2 
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 (2) It is not an infringement of the copyri ght in the artistic work to reproduce the work, 
on or after the day on which: 
 
               (a) products made to th e corresponding design are first sold, let for hire or 
offered or exposed for sale or hire; or 
              (b) a complete specification that discloses a product made to the corresponding 
design is first published in Australia; or 
              (c) a representation of a product made to the corresponding design and included 
in a design application is first published in Australia; 
  by embodying that, or any other, corresponding design in a product.  
10  Subsection 77(3) 
  After “articles” (first occurring), insert “or products”. 
 
11  Subsection 77(3) 
 
 After “ 1906 ”, insert “or the Designs Act 2003 ”. 
 12  Paragraph 77(3)(a) 
 
 Omit “under that Act in respect of those articles”, substitute “under the Designs Act 1906  in 
respect of those articles, or under the Designs Act 2003  in respect of those products,”. 
 13  At the end of section 77 
 
 Add:   (5) In this section: 
 
  building or model of a building  does not include a portable building such as a shed, a 
pre-constructed swimming pool, a demountable  building or similar portable building. 
 
  complete specification  has the same meaning as in the Patents Act 1990 . 
 
  design application  has the same meaning as in the Designs Act 2003 . 
 
  representation , in relation to a design, has the same meaning as in the Designs 
Act 2003 . 
 
14  At the end of Division 8 of Part III 
 
 Add:  
77A  Certain reproductions of an artistic work do not infringe copyright 
  (1) It is not an infringement of copyright in an artistic work to reproduce the artistic 
work, or communicate that reproduction, if: 
               (a) the reproduction is de rived from a three-dimensional product that embodies a 
corresponding design in relation to the artistic work; and  IP/N/1/AUS/C/3/Add.2 
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    (b) the reproduction is in the course of, or incidental to: 
                            (i) making a product (the non-infringing product ), if the making of the 
product did not, or would not, infringe the copyright in the artistic 
work because of the operation of this Division; or 
                           (ii) selling or letting for hire the non-infringing product, or offering or 
exposing the non-infringing product for sale or hire. 
  (2) It is not an infringement of copyright in an artistic work to make a cast or mould 
embodying a corresponding design in relation to the artistic work, if: 
   (a) the cast or mould is for the purpose of making products; and               (b) the making of the products would not infringe copyright because of the 
operation of this Division. 
 
Part 2—Application provisions 
 
15  Application of amendments of section 74—definition of corresponding design  
 
 The amendments of section 74 of the Copyright Act 1968  made by items 2 and 3 of this 
Schedule apply as follows: 
               (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. 
 
16  Application of amendment of section 75 
 
 The amendment made by item 4 of this Schedul e applies to reproductions that are made on or 
after the commencing day. 
 
17  Application of amendment of section 76 
 
(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 2003 . 
 
(2) When determining whether a d esign has been registered under the Designs Act 2003  for the 
purposes of subitem (1), ignore section 151 of that Act. 
 
18  Application of amendments of section 77 
 
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 IP/N/1/AUS/C/3/Add.2 
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  sold, let for hire or offered or exposed for sale or hire on or after the commencing day. 
However, this subitem does not affect th e 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 co rresponding 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. 
 
19  Application of section 77A 
  Section 77A of the Copyright Act 1968  applies to reproductions that are made on or after the 
commencing day. 
 
20  Definition 
  In this Part: 
 
 commencing day  means the day on which this item commences.  IP/N/1/AUS/C/3/Add.2 
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  Schedule 2—Consequential amendments of other Acts 
   
A New Tax System (Wine Equalisation Tax) Act 1999 
 
1  Paragraph 9-70(2)(c) 
 Omit “ 1906 ”, substitute “ 2003 ”. 
 
ANL Act 1956 
 
2  Paragraph 53(1)(b) 
 
 Omit “ 1906 ”, substitute “ 2003 ”. 
 
3  Subsection 53(1) 
 
 After “so registered”, insert “, or was registered under the Designs Act 1906 ,”. 
 
Australian Communications Authority Act 1997 
 
4  Paragraph 55(4)(b) 
 
 Omit “ 1906 ”, substitute “ 2003 ”. 
 
5  Subsection 55(4) 
  Omit “so registered”, substitute “registered under the Trade Marks Act 1995  or the Designs 
Act 1906 ”. 
 
Australian Hearing Services Act 1991 
 
6  Paragraph 66(3)(b) 
 
 Omit “ 1906 ”, substitute “ 2003 ”. 
 
7  Subsection 66(3) 
  After “so registered”, insert “, or was registered under the Designs Act 1906 ,”. 
 
Commonwealth Banks Act 1959 
 
8  Paragraph 128(4)(b) 
  Omit “ Designs Act 1906  and was so registered”,  substitute  “Designs Act 2003  and was so 
registered,  or was registered under the Designs Act 1906 ,”. 
 
Commonwealth Services Delivery Agency Act 1997 
 
9  Paragraph 38(2)(b) 
 
 Omit “ 1906 ”, substitute “ 2003 ”. 
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  10  Subsection 38(2) 
 
After “so registered”, insert “, or was registered under the Designs Act 1906 ,”. 
 Customs Act 1901 
 
11  Subsection 157(3) (definition of design ) 
 
 Omit “ 1906 ”, substitute “ 2003 ”. 
 
Freedom of Information Act 1982 
 
12  Schedule 3 
  Omit “ Designs Act 1906 , subsection 40F(2)”, substitute “ Designs Act 2003 , 
paragraph 61(1)(a) and sections 108 and 109”. 
 
Health Insurance Commission Act 1973 
 
13  Paragraph 41C(7)(b) 
 
 Omit “ 1906 , being a design that was so registered”, substitute “ 2003 , being a design that was 
registered under the Designs Act 1906 ”. 
 
Jurisdiction of Courts (Cross-vesting) Act 1987 
 
14  Schedule 
 
 Omit “ Designs Act 1906 ”, substitute “ Designs Act 2003 ”. 
 
Radiocommunications Act 1992 
 
15  Paragraph 188A(4)(b) 
 
 Omit “ 1906 ”, substitute “ 2003 ”. 
 16  Subsection 188A(4) 
 
 Omit “so registered”, substitute “registered under the Trade Marks Act 1995  or the Designs 
Act 1906 ”. 
 
Scout Association Act 1924 
 
16A  Section 3 
 
 Omit “ Designs Act 1906-1912 ”, substitute “ Designs Act 2003 ”. 
 Telecommunications Act 1997 
 
17  Paragraph 417(4)(b) 
 
 Omit “ 1906 ”, substitute “ 2003 ”.  IP/N/1/AUS/C/3/Add.2 
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18  Subsection 417(4) 
 
 Omit “so registered”, substitute “registered under the Trade Marks Act 1995  or the Designs 
Act 1906 ”. 
 
Telstra Corporation Act 1991 
 
19  Paragraph 16(1)(b) 
 
 Omit “ 1906 ”, substitute “ 2003 ”. 
 
20  Subsection 16(1) 
  After “so registered”, insert “, or was registered under the Designs Act 1906 ,”. 
 
Tobacco Advertising Prohibition Act 1992 
 
21  Paragraph 9(1)(d) 
  Omit “ 1906 in respect of articles”, substitute “ 2003  in relation to products”. 
  [Minister’s second reading speech made in— 
House of Representatives on 11 December 2002 
Senate on 4 December 2003 ] 
__________