WORLD TRADE  
ORGANIZATION  IP/N/1/AUS/2 
14 December 2007 
 (07-5577) 
Council for Trade-Related Aspects  
of Intellectual Property Rights Original:   English 
 
 
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLE 63.2 OF THE AGREEMENT 
 
AUSTRALIA 
 
 The following communication, dated 16 October 2006, is being circulated at the request of the Delegation Australia.  
_______________ 
 
  In accordance with Article 63.2 of the Agreem ent on Trade-Related Aspects of Intellectual 
Property Rights (TRIPS), attached is informatio n regarding amendments to Australian laws and 
regulations made prior to 31 October 20 04, pertaining to the TRIPS Agreement. 
 
 Copies of the texts of these amending laws and regulations are enclosed.  IP/N/1/AUS/2 
Page 2  
 
ANNEX I 
 
MAIN DEDICATED INTELLECTUAL PROP ERTY LAWS AND REGULATIONS  
 
 
 
TITLE AND YEAR OF ADOPTION 
  
BRIEF DESCRIPTION 
Copyright   
Copyright Act 1968 - Act No.63 of 1968 as 
amended, compilation as of 30 July 2002 . 1 
 This compilation includes amendments to the Copyright Act 1968 up to Act No. 63 of 2002. 
 An Act relating to copyright and the protection of 
certain performances.   
Copyright Amendment (Re-enactment) Act 1993 -   
No.107, 1993 . 
 Assented to 22 December 1993.  Repeals the Copyright Amendment Act 1989, re-
enacts certain provisions of that Act, and for related purposes.  
Copyright Amendment (Computer Programs) 
Act 1999 - No.105,1999 .  
 Assented to 24 August 1999.  Amends the Copyright Act 1968 with regard to 
computer programs.  
Copyright Amendment (Digital Agenda) Act 2000 -  
No.110, 2000 . 
 Assented to 4 September 2000.  Amends the Copyright Act 1968 to reflect the 
online environment.  
Copyright Amendment (Moral Rights) Act 2000 -  
No.159, 2000 . 
 Assented to 21 December 2000.  Amends the Copyright Act 1968 to incorporate 
recognition of the moral rights of content providers.
 
Copyright Amendment (Parallel Importation) 
Act 2003 - No.34, 2003 . 2 
 Assented to 15 April 2003.  Amends the Copyright Act 1968 to incorporate 
parallel importation provisi ons for certain products. 
 
Copyright (International Protection) Regulations 
(Amendment) 1995 - 1995 No. 67 . 3 
 
Dated 4 April 1995.  Amend the Copyright (International Protection) 
Regulations to give effect to Australia's copyright 
obligations under the Agreement on Trade-Related 
Aspects of Intellectual Property Rights (TRIPS) and update the Regulations in other respects.  
                                                      
1 See document IP/N/1/AUS/C/3. 
2 See document IP/N/1/AUS/C/3/Add.1. 
3 See document IP/N/1/AUS/C/4. Amendments to the text reproduced in document 
IP/N/1/AUS/1/Add.6, which was circulated before the law series of documents for notified legislation was 
created.  IP/N/1/AUS/2 
 Page 3 
 
 
 
 
TITLE AND YEAR OF ADOPTION 
  
BRIEF DESCRIPTION 
Copyright (International Protection) Regulations 
(Amendment) 1995 - 1995 No. 436 . 3 
 Dated 20 December 1995.  Amend the Copyright (International Protection) 
Regulations to update various lists of countries in 
Schedule 1 to the Regulations in consequence of new memberships and accessions to treaties or multilateral agreements to which Australia is a member.  
 
Copyright (International Protection) Amendment  
Regulations 1998 (No.1) - 1998 No.360 . 3 
 Dated 17 December 1998. 
 
 Amend the Copyright (International Protection) 
Regulations to update the lis ts of countries specified 
in the Schedules and to simplify the provisions of the Regulations regarding the term of copyright 
protection.  
 
Copyright (International Protection) Amendment 
Regulations 2001 (No.1) - 2001 No.29 . 3 
 Dated 22 February 2001. 
 
 Amend the Copyright (International Protection) 
Regulations 1969 to update provisions which extend copyright protection in Australia to foreign works either to comply with a multilateral treaty or 
on the basis of reciprocity. 
 
Copyright (International Protection) Amendment 
Regulations 2003 (No.1) - 2003 No.337 . 3 
 
Dated 18 December 2003. 
 Amend the Copyright (International Protection) 
Regulations 1969 to extend copyright protection in Australia to foreign works and subject matter to 
comply with the obligations of relevant multilateral 
conventions, by providing an automatic update procedure that extends protection to future adherents to any of those international conventions.  
Copyright (International Protection) Amendment 
Regulations 2004 (No.1) - 2004 No.257 . 3 
 Dated 19 August 2004.  Amend the Copyright (International Protection) 
Regulations 1969 regarding the Berne Convention 
and various definitions.  
Copyright Tribunal (Procedure) Amendment 
Regulations 1998 (No.1) - 1998 No.357 . 4 
 Dated 17 December 1998.  Amend the Copyright Tribunal (Procedure) 
Regulations 1969 review procedures. 
 The majority of the amendments involve minor changes in terminology, replacing references to 
"broadcast" and "broadcasts" with "transmission" 
and "transmissions" respectively, where applicable.  
Other amendments update the schedules which relate to provisions in the Copyright Act amended by the Copyright Amendment Act, and repeal regulations which refer to previously repealed provisions of the Copyright Act. 
 
                                                      
4 See document IP/N/1/AUS/C/5. Amendments to the text reproduced in document 
IP/N/1/AUS/1/Add.7, which was circulated before the law series of documents for notified legislation was 
created. IP/N/1/AUS/2 
Page 4  
 
 
 
TITLE AND YEAR OF ADOPTION 
  
BRIEF DESCRIPTION 
Copyright Tribunal (Procedure) Amendment 
regulations 2001 (No.1) 2001 - 2001 No.9 . 4 
 Dated 6 February 2001.   Amend the Copyright Tribunal (Procedure) 
Regulations to provide regulations for the new 
applications to the Copyright Tribunal introduced 
by the Digital Agenda Act, and to reflect other 
changes to the Copyright Act made by the Digital Agenda Act. 
The Copyright Amendment Regulations amend the 
Copyright Regulations by:  •       amending existing regulations under the educational statutory licences in Parts VA and VB of the Copyright Act to reflect the extension of the 
licences to electronic copying and communication;  
•       introducing new re gulations in relation to new 
schemes for electronic use in the educational statutory licences in Parts VA and VB, introduced by the Digital Agenda Act;  •       providing new regulations relating to the new 
Part VC statutory licence introduced by the Digital 
Agenda Act for the retransmission of free-to-air broadcasts;  •       amending existing prescribed notices under the Copyright Act to take into account the Digital 
Agenda reforms, and provi ding new forms of notice 
as required by the Digital Agenda Act;  •       introducing new regulations to provide detail to support the operation of new simulcasting exceptions introduced by the Digital Agenda Act. 
 
Designs (Consequential Amendments) Act 2003 
No.148, 2003 . 5 
 Assented to 17 December 2003.  Amends the Copyright Act as a consequence of the 
repeal of the Designs Act 1906 and the enactment of the Designs Act 2003. Affected provisions include those definitions on artistic work and corresponding design, false 
registration of industrial designs and reproductions 
of artistic work which do not infringe copyright.   
Trade Marks   
Trade Marks Act 1995 - Act No.119 of 1995 as 
amended . 6 
 Assented to on 17 October 1995.  
Consolidated as in force on 20 October 1999. 
 Covers the regulation of trade marks in Australia 
and includes criminal provisions as per the Crimes Act.  
                                                      
5 See document IP/N/1/AUS/C/3/Add.2 - IP/N/1/AUS/D/3. 
6 See document IP/N/1/AUS/T/3.  IP/N/1/AUS/2 
 Page 5 
 
 
 
TITLE AND YEAR OF ADOPTION 
  
BRIEF DESCRIPTION 
Trade marks Amendment (Madrid Protocol) 
Act 2000 - No.117, 2000 . 6 
 Assented to 7 September 2000.  Amends the Trade Marks Act 1995 to conform to 
the regulations required under the Madrid Protocol. 
 
Trade Marks and Other Legislation Amendment 
Act 2001 - No.99, 2001 . 6 
 
Assented to 22 August 2001.   Amends the Trade Marks Act 1995 to reflect the 
establishment of the Australian Competition and 
Consumer Commission and changes in the 
registration of trade marks. The Act further amends the Trade Marks Act to give effect to the recommendations of a post implementation review of the trade marks 
legislation and to otherwise make minor and 
technical amendments.  
Trade Marks Regulations 1995 - 1995 No.341 as 
amended . 7 
 
Consolidated as in force on 1 November 1998. 
 Establishes the regulations applicable under the 
Trade Marks Act 1995 with regard to the registration and certification of trade marks. 
 
Trade Marks Regulations (Amendment) 1997 -  
1997 No.346 . 7 
 
Dated 8 December 1997. 
 Amend the Trade Mark Regulations 1995 regarding 
application requirements, procedures and fees.  
Trade Marks Amendment Regulations 1998 (No.3)  
- 1998 No.343 . 7 
 
 
Dated 17 December 1998.  Amend the Trade Marks Regulations 1995 to reflect 
amendments relating to electronic filing procedures. 
Trade Marks Amendment Regulations 1998 (No.4)  
- 1998 No.346 . 7 
 
Dated 17 December 1998. 
 Amend the Trade Marks Regulations 1995 to 
implement changes to the regulatory regime for professional practice in trade mark matters as a 
consequence of the changes included in Schedule 2 
to the Intellectual Property Laws Amendment Act 1998.  
Trade Marks Amendment Regulations 1999 (No.1)  
- 1999 No.153 . 7 
 
Dated 7 July 1999.  Amend the Trade Marks Regulations 1995 to alter 
the provision relating to voluntary removal of a 
person's name from the register. The change will ensure that the provisions in both the Trade Marks Regulations 1995 and the Pa tents Regulations 1991 
are the same  
                                                      
7 See document IP/N/1/AUS/T/4. IP/N/1/AUS/2 
Page 6  
 
 
 
TITLE AND YEAR OF ADOPTION 
  
BRIEF DESCRIPTION 
Trade Marks Amendment Regulations 1999 (No.2)  
- 1999 No.186 . 7 
 
Dated 25 August 1999.  Amend the Trade Marks Regulations 1995 with 
regard to deferment pe riods and periods of 
compliance.  
Trade Marks Amendment Regulations 1999 (No.3)  
- 1999 No.196 . 7 
 
Dated 9 September 1999.  Amend the Trade Marks Regulations 1995 to 
clarify the requirements with which an applicant 
must comply if he or she is claiming priority on the basis of another trade mark application filed in a Convention country.  
Trade Marks Amendment Regulations 1999 (No.4)  
- 1999 No.350 . 7 
 Dated 15 December 1999.  Amend the Trade Marks Regulations 1995 to 
include the Sultanate of Oman as a Convention country in Schedule 10 to the Regulations. 
Trade Marks Amendment Regulations 2001 (No.1)  
- 2001 No.33 . 7 
 
Dated to 22 February 2001.  Amend the Trade Mark Regulations 1995 to 
implement Australia's obligations under the Madrid 
Protocol, and to modify or adapt provisions of the Trade Marks Act.  
Trade Marks Amendment Regulations 2001 (No.2)  
- 2001 No.185 . 7 
 
Dated 28 June 2001.  The regulations clarify aspects of the qualifications 
specified in Regulation 20.3 of the Patent 
Regulations 1990 and Regulation 20.1 of the Trade Marks Regulations 1995 for registration as a patent 
or trade marks attorney. These amendments result from changes made to the qualification awards that may be given by education institutions consequent 
on the introduction of the Australian Qualifications 
Framework (AQF).  
Trade Marks Amendment Regulations 2001 (No.3)  
- 2001 N0.247 . 7 
 Dated 13 September 2001.  The regulations make minor, consequential and 
technical amendments to the Trade Marks 
Regulations 1995 following the amendments made 
by the Trade Marks and Other Legislation Amendment Act 2001, including consequential amendments to Part 17A of the Regulations -- which contains the substantive provisions relating to the Madrid Protocol and international trade 
marks. 
  IP/N/1/AUS/2 
 Page 7 
 
 
 
 
TITLE AND YEAR OF ADOPTION 
  
BRIEF DESCRIPTION 
Trade Marks Amendment Regulations 2002 (No.1)  
- 2002 No.318 . 7 
 
Dated 12 December 2002.  Amend the Trade Marks Regulations 1995 with 
respect to amendments to  application procedures. 
 The Regulations amend the time in which a divisional application for trade mark can be made.  The amendments also make mandatory the removal 
from, or restoration of a person's name to, the 
Register of Trade Mark Attorneys if relevant preconditions are met.  Finally, the amendments include the Seychelles as a Convention country in Schedule 10 to the Regulations. 
 
Trade Marks Amendment Regulations 2003 (No.1)  
- 2003 N0.214 . 7 
 Dated 14 August 2003.  Amend the Trade Marks Regulations 1995 with 
respect to the certification process.  
Trade Marks Amendment Regulations 2004 (No.1)  
- 2004 No.24 . 7 
 Dated 19 February 2004.  Amend the Trade Marks Regulations 1995 to 
include Saudi Arabia as a Convention country in Schedule 10 to the Regulations.  
Trade Marks Amendment Regulations 2004 (No.2)  
- 2004 No.194 . 7 
 Dated 24 June 2004.  Amend the Trade Marks Regulations 1995 to 
include Algeria, Bhutan, Serbia and Montenegro, Cambodia, Chinese Macau, Sao Tome and Surinam as Convention countries in Schedule 10 to the Regulations.  
 
Industrial Designs 
  
Designs Act 2003 - No.147, 2003 . 5 
 
Assented on 17 December 2003. 
 An Act dealing with all aspects of registering 
designs and their protection thereof. 
 
Designs Regulations 2004 - 2004 No.117 . 8 
 Dated 10 June 2004. 
 
 Establishes the regulations applicable under the 
Designs Act 2003.  
                                                      
8 See document IP/N/1/AUS/D/4. IP/N/1/AUS/2 
Page 8  
 
 
 
TITLE AND YEAR OF ADOPTION 
  
BRIEF DESCRIPTION 
Patents 
  
Patents Act 1990 - Act No.83 of 1990 as amended . 9
 
Consolidated as on 1 April 2002,  including amendments up to Act 160 of 2001. 
  
 
Patents Regulations 1991 - 1991 No.71 as 
amended . 10 
 Dated 30 April 1991. 
 Establishes the regulations under the Patents Act 
1990.   
Patents Amendment Regulations 2001 (No.1) -  
2001 No.98 . 10 
 Dated 16 May 2001.  Amend the Patent Regulat ions 1991 in relation to 
the definition of acceptance, deposit requirements and notification periods, validity and documentation.  
Patents Amendment Regulations 2001 (No.2) -  
2001 No.184 . 10 
 Dated 28 June 2001.  Amend the Patents Regulati ons 1991 in relation to 
the educational qualifications of examiners.  
Patents Amendment Regulations 2001 (No.3) -  
2001 No.345 . 10 
 Dated 20 December 2001.  Amend the Patents Regulati ons 1991 in relation to 
legal procedures and fees.  
Patents Amendment Regulations 2002 (No.1) -  
2002 No.59 . 10 
 
Dated 27 March 2002.  Amend the Patents Regulati ons 1991 in relation to 
publication, use, proscribed periods and 
documentary searches.  
Patents Amendment Regulations 2002 (No.2) -  
2002 No.100 . 10 
 
Dated 16 May 2002  Amend the Patents Regulati ons 1991 in relation to 
required documentation. 
 
Patents Amendment Regulations 2002 (No.3) -  
2002 No.263 . 10 
 Dated 30 October 2002. Amend the Patents Regulations 1991 to extend the 
transitional period for complying with existing 
search results. 
 
Patents Amendment Regulations 2002 (No.4) -  
2002 No.317 . 10 
 
Dated 12 December 2002. 
 Amend the Patents Regulati ons 1991 in relation to 
publications of the WIPO International Bureau and international depository authorities. 
 
                                                      
9 See document IP/N/1/AUS/P/5. 
10 See document IP/N/1/AUS/P/6.  IP/N/1/AUS/2 
 Page 9 
 
 
 
TITLE AND YEAR OF ADOPTION 
  
BRIEF DESCRIPTION 
Patents Amendment Regulations 2003 (No.1) -  
2003 No.71 . 10 
 Dated 16 April 2003.  Amend the Patents Regulations 1991 to extend the 
transitional period for the existing search results 
regime. 
 
Patents Amendment Regulations 2003 (No.2) -  
2003 No.213 . 10 
 Dated 14 August 2003.  Amend the Patents Regulati ons 1991 in relation to 
documentary searches by patent offices and 
requirements for patent applications. 
 
Patents Amendment Regulations 2003 (No.3) -  
2003 No.316 . 10 
 Dated 4 December 2003.  Amend the Patents Regulati ons 1991 in relation to 
the filing of international applications. 
 
Patents Amendment Regulations 2004 (No.1) -  
2004 No.23 . 10 
 
Dated 19 February 2004. 
 Amend the Patents Regulations 1991 to include 
Saudi Arabia as a Convention country in Schedule 4 to the Regulations. 
 
Patents Amendment Regulations 2004 (No.2) -  
2004 No.193 . 10 
 
Dated 24 June 2004. 
 Amend the Patents Regulati ons 1991 in relation to 
provisions regarding PCT applications.  
Patents Amendment Regulations 2004 (No.3) -  
2004 No.250 . 10 
 
Dated 19 August 2004. 
 Amend the Patents Regulations 1991 to reflect 
requirements under the Australia United States 
Free Trade Agreement Act 2004. 
 
 
Plant Breeder’s Rights   
Plant Breeder’s Rights Amendment Act 2002 -  
No.148, 2002 . 11 
 Assented on 19 December 2002.  Amends the Plant Breeder’s Rights Act 1994 to 
incorporate new definitions and a restriction on grantee’s rights in some circumstances.  
Plant Breeder’s Rights Regulations 
(Amendment) 1995 - 1995 No.290 . 12 
 Dated 3 October 1995.  Amend the Plant Breeder’s Rights Regulations 
1994 covering fees and authorisation of establishments for the conduct of test growing.  
Plant Breeder’s Rights Amendments 
Regulations 1999 - 1999 No.83 . 12 
 Dated 28 May 1999.  Amend the Plant Breeder’s Rights Regulations 
1994 in relation to authorisation of test growing of new plant varieties and related fees.  
                                                      
11 See document IP/N/1/AUS/P/2/Add.1. 
12 See document IP/N/1/AUS/P/3/Add.1. IP/N/1/AUS/2 
Page 10  
 
 
TITLE AND YEAR OF ADOPTION 
  
BRIEF DESCRIPTION 
Layout-designs of integrated circuits   
Circuit Layouts Amendment Regulations 1991 
No.459 . 13 
 Dated 19 December 1991.  Amend the Circuit Layouts Regulations 1990 to 
include New Zealand in the list of eligible countries.  
Circuit Layouts Amendment Regulations 1995 
No.404 . 13 
 Dated 12 December 1991.  Amend the Circuit Layouts Regulations 1990 to 
replace the schedule with the names of all countries which are members of the WTO and extends the rights of citizens of WTO Member countries.  
Circuit Layouts Amendment Regulations 1998 -  
1998 No.358 . 13 
 Dated 17 December 1998.  Amend the Circuit Layouts Regulations 1990 in 
relation to eligible layout s, eligible countries and 
the powers of the Governor General.  
Circuit Layouts Amendment Regulations 2003 
(No.1) - 2003 No.336 . 13 
 
Dated 18 December 2003. 
  Amend the Circuit Layouts Regulations 1990 to 
update the list of eligible countries to which 
Australia extends protection of circuit layouts.  
Protection of Olympic Insignia 
  
Olympic Insignia Protection Amendment Act 2001  
- No.156, 2001 . 14 
 Assented to 1 October 2001. 
 Amends the Olympic Insignia Protection Act 1987 
provisions for protection and ownership of the Olympic symbols by the Australian Olympic Commission. 
 
Olympic Insignia Protection Amendment 
Regulations 2002 (No.1) - 2002 No.12 . 14 
 
Dated 14 February 2002. 
 Amend the Olympic Insignia Protection 
Regulations 1993 to provide for regulation of the copyright and licensing provisions associated with the Olympic symbol. The amendments prescribe the 
information to be included in the Register of 
Olympic Symbols and the Register of Protected Olympic Expressions and make related technical amendments.  
 
                                                      
13 See document IP/N/1/AUS/L/2/Add.1. 
14 See document IP/N/1/AUS/I/4/Add.1.  IP/N/1/AUS/2 
 Page 11 
 
 
 
 
TITLE AND YEAR OF ADOPTION 
  
BRIEF DESCRIPTION 
General Intellectual Property Laws 
  
Intellectual Property Laws Amendment (Border 
Interception) Act 1999 - No.144, 1999 . 15 
 Assented to 3 November 1999. 
 Amends the Trade Marks Act 1995 in relation to 
goods imported into Australia.  
Intellectual Property Laws Amendment Act 2003 -  
No.48, 2003 . 16 
 Assented to 26 June 2003. 
 Amends various provisions in  a range of legislation 
including the Designs Act 1906, Patents Act 1990 and Trade Marks Act 1995. The amendments relate to the extension of time 
regarding disclosure searches and definition of 
employer.  
Intellectual Property Legislation (Fees) Amendment 
Regulations 2002 (No.1) - 2002 No.173 . 17 
 
Dated 4 July 2002. 
 Amend the Designs Regul ations 1982, Patents 
Regulations 1991, and the Trade Marks Regulations 1995 in relation to the fees payable. 
 
 
                                                      
15 See document IP/N/1/AUS/T/2/Add.1. 
16 See document IP/N/1/AUS/D/2/Add.1 - IP/N /1/AUS/P/5/Add.1 - IP/N/1/AUS/T/3/Add.1. 
17 See document IP/N/1/AUS/P/6/Add.1 - IP/N/1/AUS/T/4/Add.1. IP/N/1/AUS/2 
Page 12  
 
ANNEX II 
 
OTHER LAWS AND REGULATIONS 
 
 
 
TITLE AND YEAR OF ADOPTION 
  
BRIEF DESCRIPTION 
Telecommunications Act 1997 - No.47, 1997 . 
 
Assented to 22 April 1997. 
 The main object of this Act, when read together 
with Parts XIB and XIC of the Trade Practices Act 
1974, is to provide a regulatory framework that 
promotes: (a) the long-term interests of end-users of carriage services or of services provided by means of carriage services; and 
(b) the efficiency and international 
competitiveness of the Australian telecommunications industry.  
Telecommunications Amendment Act 1998 -   
No.4, 1998 . 
 
Assented to 26 March 1998.  Amends the Telecommunications Act 1997. 
Provisions include obligations of 
telecommunication carriers. 
 
Trade Practices Amendment Act (No.1) 2001 -   
No.63, 2001 . 
 
Assented to 28 June 2001.  Amends the Trade Practices Act 1974. 
Provisions on criminal penalties and conduct. 
 
Trade Practices Amendment Act (No.1) 2002 -  
No.128, 2002 . 
 
Assented to 11 December 2002. 
 Amends the Trade Practices Act 1974. 
Provisions include ones on pyramid selling.  
Trade Practices Legislation Amendment Act 2003 -  
No. 134, 2003 . 
 
Assented to 17 December 2003. 
 Amends the Trade Practices Act 1974. 
Includes provisions relating to access regimes.  
Trade Practices Regulations (Amendment) 1996 -  
1996 No.20 . 
 
Dated 24 January 1996. 
 Amend the Trade Practices Regulations 1974 in 
relation to access issues.  
Trade Practices Regulations (Amendment) 1997 -  
1997 No. 322 . 
 Dated 26 November 1997. 
 Amend the Trade Practices Regulations 1974 in 
relation to access issues.   IP/N/1/AUS/2 
 Page 13 
 
 
 
 
TITLE AND YEAR OF ADOPTION 
  
BRIEF DESCRIPTION 
Trade Practices Regulations (Amendment) 1997 -  
1997 No.53 . 
 Dated 5 March 1997.  Amend the Trade Practices Regulations 1974 in 
relation to the issue of boycotts with regard to third 
party operations.  
Trade Practices Regulations (Amendment) 1997 -  
1997 No. 86 . 
 Dated 16 April 1997.  Amend the Trade Practices Regulations 1974 . 
Part IIIA of the Trade Practices Act includes 
provisions whereby third parties can seek access to services provided by essential infrastructure facilities of national significance.  The Regulations include certain public interest requirements found in 
the intergovernmental Competition Principles 
Agreement which the Trade Practices Commission 
is required to take into account when considering access matters.  
Imported Foods Control Act 1992 - No.221, 1992 
(inspections for compliance with Australian Food 
Standards Code Spirit Standard) . 
 Assented to 24 December 1992.  
 An Act to provide for the inspection and control of 
food imported into Australia, and for related 
purposes.  
Protection of Undisclosed Information   
Therapeutic Goods Legislation Amendment 
Act 1999  - No.3, 1999 . 
 
Assented to 29 March 1999. 
 Amends the Therapeutic Goods Act 1989 in 
relation to the listing and labelling of therapeutic goods. 
 
Therapeutic Goods Amendment Act 2000 -  
No.12, 2000 . 
 
Assented to 31 March 2000. 
 Amends the Therapeutic Goods Act 1989 to give 
effect to Australia’s obligations regarding therapeutic goods under an agreement on mutual 
recognition with the European Free Trade 
Association, and for related purposes.  
Therapeutic Goods Amendment Act (No.2) 2000 -  
No.56, 2000 . 
 
Assented to 30 May 2000. 
 Amends the Therapeutic Goods Act 1989 in 
relation to advertising codes and counterfeit goods.  
Therapeutic Goods Amendment Act (No.3) 2000 -  
No.120, 2000 . 
 
Assented to 12 September 2000. 
 Amends the Therapeutic Goods Act 1989 in 
relation to exemptions and product tampering.  IP/N/1/AUS/2 
Page 14  
 
 
 
TITLE AND YEAR OF ADOPTION 
  
BRIEF DESCRIPTION 
Therapeutic Goods Amendment Act 2001 -  
No.14, 2001 . 
 Assented to 22 March 2001.  Amends the Therapeutic Goods Act 1989 in 
relation to electronic lodgement of pharmaceuticals.
 
Therapeutic Goods Amendment Act (No.1) 2002 -  
No. 23, 2002 . 
 Assented to 4 April 2002.  Amends the Therapeutic Goods Act 1989 in 
relation to exemptions to therapeutic goods. 
 
Therapeutic Goods Amendment Act (No.1) 2003 -  
No.39, 2003 . 
 Assented to 27 May 2003.  Amends the Therapeutic Goods Act 1989 in 
relation to advertising and definition of therapeutic 
goods.  
Therapeutic Goods and Other Legislation 
Amendment Act 2002 - No.56, 2002 . 
 
Assented to 3 July 2002.  Amends the law relating to therapeutic goods and 
industrial chemicals. 
Modifies the following legislation: 
- Schedule 1—Therapeutic goods (cooperative scheme): Therapeutic Goods Act 1989 - Schedule 2—Industrial chemicals: 
Industrial Chemicals (Notification and Assessment) 
Act 1989  National Occupational Health and Safety Commission Act 1985 - Schedule 3—Therapeutic goods (conformity 
assessments): 
Therapeutic Goods Act 1989 Therapeutic Goods Amendment (Medical Devices) Act 2002 - Schedule 4—Therapeutic goods (listing conditions) 
Therapeutic Goods Act 1989 
 
Therapeutic Goods Amendment (Medical Devices) 
Act 2002 - No.24, 2002 . 
 
Assented to 4 April 2002. 
 Amends the Therapeutic Goods Act 1989 in 
relation to medical devices.  
Agricultural and Veterinary Chemicals Legislation 
Amendment Act 2003 - No.13, 2003 . 
 Assented to 8 April 2003. 
 Amends legislation rela ting to agricultural and 
veterinary chemicals. - Schedule 1—Amendment of the Agricultural and Veterinary Chemicals Code Act 1994 
- Schedule 2—Amendment of the Agricultural and 
Veterinary Chemicals (Administration) Act 1992- Schedule 3—Amendment of the Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994  IP/N/1/AUS/2 
 Page 15 
 
 
 
TITLE AND YEAR OF ADOPTION 
  
BRIEF DESCRIPTION 
Agricultural and Veterinary Chemicals Legislation 
Amendment Act 2001 - No.83, 2001 . 
 
Assented to 11 July 2001.  Amends legislation rela ting to agricultural and 
veterinary chemicals. 
- Schedule 1—Amendm ents relating to 
constitutional matters Agricultural and Veterinary Chemicals Act 1994 - Schedule 2—Amendment consequential on changed administrative law arrangements 
Agricultural and Veterinary Chemicals Act 1994 
 
Industrial Chemicals (Notification and Assessment) 
Act 1989  - No.8, 1990 . 
 
Assented to 17 January 1990. 
 Establishes a national system of notification and 
assessment of industrial chemicals, including provisions on confidential information. 
 
Gene Technology Act 2000 - No.169, 2000 . 
 Assented to 21 December 2000.  An Act to regulate activities involving gene 
technology. The object of the Act is to protect the health and safety of people, and to protect the environment, by 
identifying risks posed by or as a result of gene 
technology, and by managing those risks through regulating certain dealings with genetically modified organisms (GMOs).  
Agriculture, Fisheries and Forestry Legislation 
Amendment Act (No.2) 1999 - No.170, 1999 . 
 Assented to 10 December 1999.  Amends the law relating to agriculture, fisheries 
and forestry. Includes changes to the Plant Breeder’s Rights Act 1994 and the Australian Wine and Brandy Corporation Act 1980.  
Agriculture, Fisheries and Forestry Legislation 
Amendment Act (No.1) 2000 - No.121, 2000 . 
 Assented to 5 October 2000.  An Act to amend legislation relating to agriculture, 
fisheries and forestry. Includes provisions relating to the Australian Wine and Brandy Corporation Act 1980.  
Agriculture, Fisheries and Forestry Legislation 
Amendment Act 2003 - No.38, 2003 . 
 Assented to 2 May 2003  An Act to amend the law relating to agriculture, 
fisheries and forestry. Includes provisions relating to the Australian Wine and Brandy Corporation Act 1980.  
Agriculture, Fisheries and Forestry Legislation 
Amendment Act (No.1) 2004 - No.54, 2003 . 
 Assented to 27 April 2004.  An Act to amend the law relating to agriculture, 
fisheries and forestry. Provisions relate to amendments to the Imported Food Control Act 1992.  
Broadcasting Services Amendment Act (No.1) 1999 
- No.197, 1999 (anti-hoarding provisions in 
broadcasting services) . 
 Assented to 23 December 1999.  An Act to amend the Broadcasting Services Act 
1992. 
 IP/N/1/AUS/2 
Page 16  
 
 
TITLE AND YEAR OF ADOPTION 
  
BRIEF DESCRIPTION 
Classification (Publications, Films and Computer 
Games) Act 1995  - No.7, 1995 . 
 
Assented to 15 March 1995.  An Act relating to the classification of publications, 
films and computer games to provide for the 
classification of publications, films and computer 
games for the Australian Capital Territory. The Act forms part of a Commonwealth/ State/Territory scheme for the classification of publications, films and computer games and for the 
enforcement of those classifications. 
Provisions dealing with the consequences of not having material classified and the enforcement of classification decisions are to be found in the complementary laws of the States and Territories. 
 
Classification (Publications, Films and Computer 
Games) Amendment Act (No.1) 2000 - No.111,  
2000 . 
 Assented to 4 September 2000. 
 
 Amends the Classification (Publications, Films and 
Computer Games) Act 1995 in relation to classification and enforcement.  
Classification (Publications, Films and Computer 
Games) Amendment Act (No.1) 2001  - No.13,  
2001 . 
 
Assented to 22 March 2001.  Amends the Classification (Publications, Films and 
Computer Games) Act 1995 to define various products/services covered by the Act. 
 
Classification (Publications, Films and Computer 
Games) Amendment Act 2004 - No.61, 2004 . 
 
Assented to 26 May 2004. 
 Amends the Classification (Publications, Films and 
Computer Games) Act 1995 regarding classification categories. 
 
Classification (Publications, Films and Computer 
Games) Regulations 1995 - 1995 No.401 . 
 
Dated 12 December 1995. Establishes regulations under the Classification 
(Publications, Films and Computer Games) Act 1995. 
 
 
Classification (Publications, Films and Computer 
Games) Regulations (Amendment) - 1996 No.331 . 
 
Dated 20 December 1996. 
 Amend the Classification (Publications, Films and 
Computer Games) Regulations.  
Classification (Publications, Films and Computer 
Games) Regulations (Amendment) - 1997 No.282 . 
 Dated 1 October 1997. 
 Amend the Classification (Publications, Films and 
Computer Games) Regulations.   IP/N/1/AUS/2 
 Page 17 
 
 
 
 
TITLE AND YEAR OF ADOPTION 
  
BRIEF DESCRIPTION 
Law and Justice Legislation Amendment 
(Application of criminal Code) Act 2001 -  
No.24, 2001 . 
 Assented to 6 April 2001.  An Act relating to the application of the Criminal 
Code to certain offences. 
Various provisions regarding the Crimes Act and copyright offences.  
Statute Law Revision Act 2002 - No. 63, 2002 . 
 Assented to 3 July 2002.   
 Makes minor amendments to a number of Acts 
including the Copyright Amendment (Digital Agenda) Act 2000.  
United States Free Trade Agreement 
Implementation Act 2004 - No.120, 2004 . 
 Assented to 16 August 2004.  
 
 An Act to implement the Australia-United States 
Free Trade Agreement. Provisions amend a range of intellectual property-related legislation including the Customs Act 1901, Agriculture and Veterinary Chemicals Code 
Act 1994, Australian Wine and Brandy Corporation 
Act 1980, Therapeutic Goods Act 1989, Patents Act 1990, Copyright Act 1968, Telecommunications Act 1997 and the Broadcasting Services Act 1992. 
 
 
_______________ 
  IP/N/1/AUS/2 
Page 18  
 
 
 
TITLE AND YEAR OF ADOPTION 
  
BRIEF DESCRIPTION 
Patents 
  
Patents Act 1990 - Act No.83 of 1990 as amended . 
18 
 Consolidated as on 1 April 2002,  
including amendments up to Act 160 of 2001. 
  
 
Patents Regulations 1991 - 1991 No.71 as 
amended . 19 
 
Dated 30 April 1991. 
 Establishes the regulations under the Patents Act 
1990.   
Patents Amendment Regulations 2001 (No.1) -  
2001 No.98 . 10 
 Dated 16 May 2001. 
 Amend the Patent Regulat ions 1991 in relation to 
the definition of acceptance, deposit requirements and notification periods, validity and documentation. 
 
Patents Amendment Regulations 2001 (No.2) -  
2001 No.184 . 10 
 Dated 28 June 2001. 
 Amend the Patents Regulati ons 1991 in relation to 
the educational qualifications of examiners.  
Patents Amendment Regulations 2001 (No.3) -  
2001 No.345 . 10 
 Dated 20 December 2001.  Amend the Patents Regulati ons 1991 in relation to 
legal procedures and fees.  
Patents Amendment Regulations 2002 (No.1) -  
2002 No.59 . 10 
 Dated 27 March 2002.  Amend the Patents Regulati ons 1991 in relation to 
publication, use, proscribed periods and documentary searches.  
Patents Amendment Regulations 2002 (No.2) -  
2002 No.100 . 10 
 Dated 16 May 2002  Amend the Patents Regulati ons 1991 in relation to 
required documentation.  
Patents Amendment Regulations 2002 (No.3) -  
2002 No.263 . 10 
 
Dated 30 October 2002. Amend the Patents Regulations 1991 to extend the 
transitional period for complying with existing 
search results.  
Patents Amendment Regulations 2002 (No.4) -  
2002 No.317 . 10 
 Dated 12 December 2002. Amend the Patents Regulati ons 1991 in relation to 
publications of the WIPO International Bureau and 
international depository authorities. 
 
                                                      
18 See document IP/N/1/AUS/P/5. 
19 See document IP/N/1/AUS/P/6.  IP/N/1/AUS/2 
 Page 19 
 
 
 
TITLE AND YEAR OF ADOPTION 
  
BRIEF DESCRIPTION 
Patents Amendment Regulations 2003 (No.1) -  
2003 No.71 . 10 
 Dated 16 April 2003.  Amend the Patents Regulations 1991 to extend the 
transitional period for the existing search results 
regime. 
 
Patents Amendment Regulations 2003 (No.2) -  
2003 No.213 . 10 
 Dated 14 August 2003.  Amend the Patents Regulati ons 1991 in relation to 
documentary searches by patent offices and 
requirements for patent applications. 
 
Patents Amendment Regulations 2003 (No.3) -  
2003 No.316 . 10 
 Dated 4 December 2003.  Amend the Patents Regulati ons 1991 in relation to 
the filing of international applications. 
 
Patents Amendment Regulations 2004 (No.1) -  
2004 No.23 . 10 
 
Dated 19 February 2004. 
 Amend the Patents Regulations 1991 to include 
Saudi Arabia as a Convention country in Schedule 4 to the Regulations. 
 
Patents Amendment Regulations 2004 (No.2) -  
2004 No.193 . 10 
 
Dated 24 June 2004. 
 Amend the Patents Regulati ons 1991 in relation to 
provisions regarding PCT applications.  
Patents Amendment Regulations 2004 (No.3) -  
2004 No.250 . 10 
 
Dated 19 August 2004. 
 Amend the Patents Regulations 1991 to reflect 
requirements under the Australia United States 
Free Trade Agreement Act 2004. 
 
 
Plant Breeder’s Rights   
Plant Breeder’s Rights Amendment Act 2002 -  
No.148, 2002 . 20 
 Assented on 19 December 2002.  Amends the Plant Breeder’s Rights Act 1994 to 
incorporate new definitions and a restriction on grantee’s rights in some circumstances.  
Plant Breeder’s Rights Regulations 
(Amendment) 1995 - 1995 No.290 . 21 
 Dated 3 October 1995.  Amend the Plant Breeder’s Rights Regulations 
1994 covering fees and authorisation of establishments for the conduct of test growing.  
Plant Breeder’s Rights Amendments 
Regulations 1999 - 1999 No.83 . 12 
 Dated 28 May 1999.  Amend the Plant Breeder’s Rights Regulations 
1994 in relation to authorisation of test growing of new plant varieties and related fees.  
                                                      
20 See document IP/N/1/AUS/P/2/Add.1. 
21 See document IP/N/1/AUS/P/3/Add.1. IP/N/1/AUS/2 
Page 20  
 
 
TITLE AND YEAR OF ADOPTION 
  
BRIEF DESCRIPTION 
Layout-designs of integrated circuits   
Circuit Layouts Amendment Regulations 1991 
No.459 . 22 
 Dated 19 December 1991.  Amend the Circuit Layouts Regulations 1990 to 
include New Zealand in the list of eligible countries.  
Circuit Layouts Amendment Regulations 1995 
No.404 . 13 
 Dated 12 December 1991.  Amend the Circuit Layouts Regulations 1990 to 
replace the schedule with the names of all countries which are members of the WTO and extends the rights of citizens of WTO Member countries.  
Circuit Layouts Amendment Regulations 1998 -  
1998 No.358 . 13 
 Dated 17 December 1998.  Amend the Circuit Layouts Regulations 1990 in 
relation to eligible layout s, eligible countries and 
the powers of the Governor General.  
Circuit Layouts Amendment Regulations 2003 
(No.1) - 2003 No.336 . 13 
 
Dated 18 December 2003. 
  Amend the Circuit Layouts Regulations 1990 to 
update the list of eligible countries to which 
Australia extends protection of circuit layouts.  
Protection of Olympic Insignia 
  
Olympic Insignia Protection Amendment Act 2001 
- No.156, 2001 . 23 
 Assented to 1 October 2001. 
 Amends the Olympic Insignia Protection Act 1987 
provisions for protection and ownership of the Olympic symbols by the Australian Olympic Commission. 
 
Olympic Insignia Protection Amendment 
Regulations 2002 (No.1) - 2002 No.12 . 14 
 
Dated 14 February 2002. 
 Amend the Olympic Insignia Protection 
Regulations 1993 to provide for regulation of the copyright and licensing provisions associated with the Olympic symbol. The amendments prescribe the 
information to be included in the Register of 
Olympic Symbols and the Register of Protected Olympic Expressions and make related technical amendments.  
 
General Intellectual Property Laws   
Intellectual Property Laws Amendment (Border 
Interception) Act 1999 - No.144, 1999 . 24 
 
Assented to 3 November 1999. 
 Amends the Trade Marks Act 1995 in relation to 
goods imported into Australia.  
                                                      
22 See document IP/N/1/AUS/L/2/Add.1. 
23 See document IP/N/1/AUS/I/4/Add.1.  IP/N/1/AUS/2 
 Page 21 
 
 
 
TITLE AND YEAR OF ADOPTION 
  
BRIEF DESCRIPTION 
Intellectual Property Laws Amendment Act 2003 -  
No.48, 2003 . 25 
 
Assented to 26 June 2003.  Amends various provisions in  a range of legislation 
including the Designs Act 1906, Patents Act 1990 
and Trade Marks Act 1995. 
The amendments relate to the extension of time regarding disclosure searches and definition of employer.  
Intellectual Property Legislation (Fees) Amendment 
Regulations 2002 (No.1) - 2002 No.173 . 26 
 Dated 4 July 2002.  Amend the Designs Regul ations 1982, Patents 
Regulations 1991, and the Trade Marks Regulations 1995 in relation to the fees payable.  
  
__________ 
 
 
                                                                                                                                                                    
 
24 See document IP/N/1/AUS/T/2/Add.1. 
25 See document IP/N/1/AUS/D/2/Add.1 - IP/N /1/AUS/P/5/Add.1 - IP/N/1/AUS/T/3/Add.1. 
26 See document IP/N/1/AUS/P/6/Add.1 - IP/N/1/AUS/T/4/Add.1.