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

1: Title
1: This Act is the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018
2: Every reference in any enactment and in any document to the Trans-Pacific Partnership Agreement Amendment Act 2016 must, unless the context otherwise requires, be read as a reference to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018. Section 1(1) amended 26 October 2018 section 4 Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 Section 1(2) inserted 26 October 2018 section 5 Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018
2: Commencement
1: This Act comes into force on a date appointed by the Governor-General by Order in Council on the recommendation of the Minister for Trade and Export Growth.
2: One or more orders may be made bringing different provisions into force on different dates and appointing different dates for different purposes.
3: However, the date appointed for the following provisions to come into force must not be earlier than the date on which the Trans-Pacific Partnership Agreement, done at Auckland on 4 February 2016, enters into force for New Zealand:
a: sections 4 to 8 28 38 39 40(3) and (4) 41 to 43 Copyright Act 1994
b: sections 73 to 76 Patents Act 2013 Section 2 replaced 26 October 2018 section 6 Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 Section 2(1) brought into force 30 December 2018 clause 2 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Commencement Order 2018
1: Amendments to Copyright Act 1994
3: Principal Act
This Part amends the Copyright Act 1994 principal Act OIC LI 2018/227 2018-12-30 Copyright Act 1994 Sections 3, 9 to 27, 29 to 37, 37A to 37G, 40(1), (2), (5), and (6), 44(1) to (4), and 44(9) (but only for the purpose of bringing into force the Part 2 heading, the subpart 2 heading, clauses 47 and 48 of Schedule 1, and the cross-headings above those clauses). OIC Copyright Act 1994 Excluding those provisions brought into force on 30 December 2018.
4: Section 2 amended (Interpretation)
1: In section 2(1) CMI copyright management information
2: In section 2(1) RMI rights management information section 226P
5: Section 22 amended (Duration of copyright in literary, dramatic, musical, or artistic works)
1: In section 22(1)
2: Replace section 22(2)
2: If the work is computer-generated, copyright expires on the later of the following:
a: if the work is first made available to the public by an authorised act before the end of the period of 25 years from when the work is made, the end of the period of 70 years from the end of the calendar year in which the work is first made available to the public by an authorised act:
b: the end of the period of 70 years from the end of the calendar year in which the work is made.
3: Replace section 22(3)
3: If the work is of unknown authorship, copyright expires on the later of the following:
a: if the work is first made available to the public by an authorised act before the end of the period of 25 years from when the work is made, the end of the period of 70 years from the end of the calendar year in which the work is first made available to the public by an authorised act:
b: the end of the period of 70 years from the end of the calendar year in which the work is made.
4: In section 22(4)
6: Section 23 amended (Duration of copyright in sound recordings and films)
Replace section 23(1)
1: Copyright in a sound recording or film expires on the later of the following:
a: if the work is first made available to the public by an authorised act before the end of the period of 50 years from when the work is made, the end of the period of 70 years from the end of the calendar year in which the work is first made available to the public by an authorised act:
b: the end of the period of 70 years from the end of the calendar year in which the work is made.
7: Section 28 amended (Copyright vesting in certain international organisations)
1: Replace section 28(2)﻿(b)
b: in the case of any other work, on the latest of the following:
i: if the work is first made available to the public by an authorised act before the end of the period of 25 years from when the work is made, the end of the period of 70 years from the end of the calendar year in which the work is first made available to the public by an authorised act:
ii: the end of the period of 70 years from the end of the calendar year in which the work is made:
iii: the end of such period as may be specified for the purposes of this paragraph pursuant to subsection (5).
2: After section 28(2)
2A: For the purposes of subsection (2)﻿(b)
a: the circumstances in which an original work that is a literary, dramatic, musical, or artistic work may be made available to the public include those circumstances referred to in section 22(4); and
b: an original work that is a film is made available to the public as specified in section 23(2).
8: Section 67 amended (Acts permitted on assumptions as to expiry of copyright or death of author in relation to anonymous or pseudonymous works)
1: In section 67(1)﻿(b)﻿(ii)
2: Replace section 67(2)﻿(b)﻿(ii)
ii: in respect of which an order has been made under that section.
9: Section 135 amended (Definitions)
1: In section 135 exporter section 5(1) of the Customs and Excise Act 2018 importer section 5(1) of the Customs and Excise Act 2018 specified item
2: In section 135 pirated copy
iii: in circumstances in which the making of the copy—
A: constitutes an infringement of copyright under this Act; or
B: would, if it had been done in New Zealand, have constituted an infringement of copyright under this Act; and Section 9(1) amended 26 October 2018 section 7(1) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 Section 9(1) amended 26 October 2018 section 7(2) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018
10: New sections 135A to 135C inserted
After section 135
135A: Detention of items suspected of being pirated copies
1: Any item in the control of the Customs may be detained in the custody of the chief executive or a Customs officer if a Customs officer has reasonable cause to suspect that the item is a pirated copy.
2: The chief executive must, as soon as is reasonably practicable after the item is detained, take reasonable steps to notify the detention to—
a: the owner of the copyright (to enable that person to consider whether to give a notice under section 136(1)
b: the importer or exporter from whom the item has been detained, if that person is identified but was not present when the detention took place.
3: The detention of an item under subsection (1) subsection (2)﻿(a) or (b)
135B: Notice
1: The chief executive may give notice to a person under section 135A(2)﻿(a) or (b)
a: by personal delivery to the person; or
b: by posting it to the last known address of the person; or
c: by sending it by fax to the last known fax number of the person; or
d: if the person has a known email address, by sending it to the person at that address by email.
2: A notice that is posted to a person must be treated as received by the person when it would have been delivered in the ordinary course of post and, in proving delivery,—
a: it is sufficient to prove that the letter was properly addressed and posted; and
b: in the absence of proof to the contrary, the notice must be treated as having been posted on the day on which it was dated.
3: A notice that is sent to a person at a fax number must, in the absence of proof to the contrary, be treated as received by the person on the day after the date on which it is sent, and in proving sending, it is sufficient to prove that a fax machine generated a record of the transmission of the notice to the fax number.
4: A notice that is sent to a person by email must, in the absence of proof to the contrary, be treated as received by the person not later than 2 days after the date on which it is sent.
135C: Release of items
1: The item is no longer detained under section 135A(1)
a: no notice under section 136(1) section 135A(2)﻿(a)
b: a notice under section 136(1) section 135A(2)﻿(a)
i: the notice given under section 136(1) is subsequently accepted under section 136(3) and the item is subsequently detained under section 140; or
ii: the notice given under section 136(1) is subsequently declined under section 136(3); or
c: the chief executive considers that it is not reasonably practicable for notice to be given under section 135A(2)﻿(a)
d: the chief executive considers that there is no longer a reason to detain the item.
2: The chief executive must release any item no longer detained under section 135A(1)
3: However, the chief executive may release an item under subsection (2)
a: any other legal requirements as to importation or exportation of the item are satisfied; and
b: any requirements, made pursuant to any regulations made under this Act, requiring the deposit of a security have been satisfied; and
c: the release of the item is not otherwise contrary to law.
11: Section 137 amended (Determination whether item is pirated copy)
1: In section 137(1)﻿(b) that has been imported and
2: Replace section 137(4)
4: This section applies only to a specified item.
12: Section 140 amended (Detention of pirated copy)
1: In section 140(1) that has been imported and
2: Replace section 140(1)﻿(c)
c: any proceedings under section 141(3) in respect of that item (including any appeal) are determined by a decision that the item is not a specified item that is a pirated copy; or
3: In section 140(1)﻿(e) consignee exporter
4: In section 140(3)﻿(a) importation or exportation
13: Section 141 amended (Proceedings)
Replace section 141(3)
3: Any person may apply to the court for a decision on whether an item that is the subject of a determination made under section 137(3) is a specified item that is a pirated copy, and the court must make a decision accordingly.
14: Section 141A amended (Forfeiture of goods by consent)
In section 141A consignee exporter
15: Section 142 amended (Powers of court)
1: Replace section 142(1)
1: If, in proceedings under section 141(3), the court decides that an item that is the subject of a determination made under section 137(3) is a specified item that is a pirated copy, the court must make an order that the item be—
a: forfeited to the Crown; or
b: destroyed; or
c: otherwise dealt with as the court thinks fit.
2: Replace section 142(4)
4: If, in proceedings under section 141(3), the court decides that an item that is the subject of a determination made under section 141(3) is a specified item but that it is not a pirated copy, the court may make an order that any person who is a party to the proceedings pay compensation in such amount as the court thinks fit to the importer, exporter, or owner of the item.
16: Section 169 amended (Interpretation)
1: In section 169 exclusive performer’s rights licence performers’ property rights subpart 4
2: In section 169
2: In sections 197 and 199, illicit recording
a: a copy of a recording referred to in section 174C
b: a recording referred to in section 198(1A)﻿(b)
17: Section 170 amended (Application)
1: Replace the heading to section 170 General provisions relating to performers’ rights
2: Repeal section 170(1) to (3)
3: In section 170(4)﻿(a) moral rights moral rights conferred by Part 4 and
18: New sections 170A to 170I and subpart 1 and 2 headings in Part 9 inserted
After section 170
1: Performers’ moral rights
Right to be identified
170A: Right to be identified as performer
1: A performer’s rights are infringed by a person referred to in subsection (2) section 170B
2: The person is a person who—
a: produces or puts on a performance that is given in public; or
b: communicates live to the public a performance; or
c: communicates to the public a recording of a performance; or
d: issues to the public copies of a recording of a performance.
3: Subsection (2)﻿(c) and (d)
4: Subsection (1) sections 170B to 170D and 170H
170B: Content of right to be identified as performer
1: For the purposes of section 170A
a: in the case of a performance given in public, be identified in any programme accompanying the performance or in some other manner likely to bring the performer’s identity to the notice of a person seeing or hearing the performance:
b: in the case of a performance that is communicated live, be identified in a manner likely to bring the performer’s identity to the notice of a person seeing or hearing the communication:
c: in the case of a recording referred to in section 170A(2)﻿(c)
d: in the case of a recording referred to in section 170A(2)﻿(d)
2: In any of the cases in subsections (1)﻿(a) to (d) section 170A
3: If the assertion under section 170C
4: A performer’s rights are not infringed as referred to in section 170A
a: in a case to which any of paragraphs (a) to (c) subsection (1) subsection (2)
b: in a case to which subsection (1)﻿(d)
i: the group itself is identified in the manner referred to in that paragraph or in subsection (2) (applied in each case with all necessary modifications); and
ii: it is not reasonably practicable for each member of the group to be identified.
5: In this section, group
170C: Right to be identified as performer must be asserted
1: A person does not infringe a performer’s rights by failing to identify the performer in the circumstances described in section 170A
2: The right may be asserted generally, or in relation to any specified circumstances,—
a: on an assignment of the performer’s property rights, by including in the instrument effecting the assignment a statement that the performer asserts in relation to the performance the performer’s right to be identified as the performer; or
b: at any time, by instrument in writing signed by the performer.
3: The persons bound by an assertion of the right under subsection (2)
a: in the case of an assertion under subsection (2)﻿(﻿a)
b: in the case of an assertion under subsection (2)﻿(b)
4: In an action for infringement of the right, the court must, in considering remedies, take into account any delay in asserting the right.
170D: Exceptions to right to be identified as performer
A performer’s rights are not infringed as referred to in section 170A
a: if it is not reasonably practicable to identify the performer (or, if applicable, the group) in accordance with section 170B
b: in relation to any performance given for the purposes of reporting current events:
c: in relation to any performance given for the purposes of advertising any goods or services:
d: by an act that, under any of sections 175 to 176, 177(2), 181, and 182, would not infringe the performer’s rights conferred by subpart 4 Right relating to derogatory treatment of performance
170E: Right relating to derogatory treatment of performance
1: A performer’s rights are infringed by a person if the person subjects a performance to derogatory treatment.
2: Subsection (1) sections 170F to 170H
170F: Content of right relating to derogatory treatment of performance
1: For the purpose of section 170E
a: with any distortion, mutilation, or other modification that is prejudicial to the honour or reputation of the performer,—
i: communicates live to the public the performance; or
ii: by means of a recording, plays in public, or communicates to the public, the performance; or
b: in the course of a business, possesses, sells, lets for hire, offers or exposes for sale or hire, or distributes a recording of the performance with any distortion, mutilation, or other modification that is prejudicial to the honour or reputation of the performer.
2: Subsection (1)
170G: Exceptions to right relating to derogatory treatment of performance
A performer’s rights are not infringed as referred to in section 170E
a: in relation to any performance given for the purposes of reporting current events:
b: where modifications have been made to a performance that are consistent with reasonable editorial or production practice:
c: where any act is done for the purpose of avoiding the commission of an offence, or complying with a duty imposed by or under any enactment, if,—
i: where the performer is identified at the time of the act, there is a clear and reasonably prominent indication, given at the time of the act and appearing with the identification, that the performance has been subjected to treatment to which the performer has not consented; or
ii: where the performer has previously been identified in relation to the performance, there is a clear and reasonably prominent indication, given at the time of the act, that the performance has been subjected to treatment to which the performer has not consented. Other provisions relating to moral rights
170H: Consent and waiver of rights
1: A performer’s rights are not infringed as referred to in sections 170A and 170E
a: by any act to which the person who is entitled to the right has consented; or
b: if the person who is entitled to the right has waived the right by instrument in writing signed by the person.
2: A waiver—
a: may relate to a specific performance, or to performances of a specified description that are in existence, in progress, or about to be commenced; and
b: must state the rights to which the waiver relates; and
c: may be expressed to be subject to revocation; and
d: if made in favour of the person entitled (or prospectively entitled) to exercise the performer’s property rights in the performance to which the waiver relates, is presumed to extend to the person’s licensees and successors in title unless a contrary intention is expressed.
170I: Application to parts of performances
1: The right conferred by section 170A
2: The right conferred by section 170E
2: Consent required for recording, live transmission, or use of recording of performance
19: Cross-heading above section 171 repealed
Repeal the cross-heading above section 171
20: Section 172 amended (Infringement by use of recording made without performer’s consent)
1: In section 172 if if,
2: Replace section 172(a)
a: without the performer’s consent and by means—
i: of a recording that is a sound recording, A shows in public or plays in public the whole or a substantial part of a performance; or
ii: of a recording that is a film, A shows in public, plays in public, or communicates to the public the whole or a substantial part of a performance; and
21: New subpart 3 heading in Part 9 inserted
After section 172
3: Performers’ rights relating to film
22: Section 173 amended (Copying of recordings)
1: In the heading to section 173 Copying of film
2: In section 173(1) copies a recording that is a film
23: Section 174 amended (Infringement by importing, possessing, or dealing with illicit recording)
In section 174(1) recording that is a film and
24: New sections 174A to 174D and subpart 4 and 5 headings in Part 9 inserted
After section 174
4: Performers’ property rights relating to sound recordings
174A: Application
This subpart applies only to recordings that are sound recordings.
174B: Consent required for making sound recording available to public
A performer’s rights are infringed by a person who, without the performer’s consent and by means of a recording, communicates to the public the whole or a substantial part of a performance.
174C: Consent required for copying of sound recording
1: A performer’s rights are infringed by a person who, without the performer’s consent, copies a recording of the whole or a substantial part of a performance.
2: Subsection (1)
a: the recording is not a communication work or part of a communication work; and
b: the copy is made from a recording that is not an illicit recording; and
c: the recording is not borrowed or hired; and
d: the copy is made by the owner of the recording; and
e: that owner acquired the recording legitimately; and
f: the copy is used only for that owner’s personal use or the personal use of a member of the household in which the owner lives, or both; and
g: no more than 1 copy is made for each device for playing recordings that is owned by the owner of the recording; and
h: the owner of the recording retains the ownership of both the recording and of any copy that is made under this section.
3: However, subsection (2)
174D: Consent required for issue of copies to public
1: A performer’s rights are infringed by a person who, without the performer’s consent, issues to the public a copy of a recording, including the original recording, of the whole or any substantial part of a performance.
2: Subsection (1)
a: the copy was made in a foreign country with the consent of the person entitled, in that country, to exercise the property rights; or
b: no person was entitled, in the foreign country in which the copy was made, to exercise the property rights, and any of the following applies:
i: the property rights in that country had expired:
ii: the person otherwise entitled, in that country, to exercise the property rights failed to take some step legally available to the person to secure, in that country, the property rights:
iii: the copy was made in that country by or with the consent of the person entitled, in New Zealand, to exercise the performers’ property rights related to the performance.
3: In subsection (2) paragraph (b)﻿(iii) property rights
5: Acts permitted in relation to performances
25: Cross-heading above section 175 repealed
Repeal the cross-heading above section 175
26: Amendments to sections 175 to 189
1: In the provisions specified in Schedule 1 this Part subparts 2 to 4
2: In section 180(1)﻿(a) section 177 or section 179 section 177, 179, or 192A(2)
27: New section 192A and subpart 6 heading in Part 9 inserted
After section 192
192A: Other acts permitted in relation to performers’ property rights
1: The purpose of this section is to allow certain acts to be done without infringing a performer’s property rights.
2: For the purposes of subpart 4
a: references to infringing copyright in any work (or any similar reference) were to infringing the rights conferred by subpart 4
b: references to a work, a literary, dramatic, musical, artistic, or communication work, or a typographical arrangement of a published edition, or a transcript of a recording of a communication work were to a recording (that is a sound recording); and
c: references in sections 53 and 58 to a published edition were to a recording (that is a sound recording); and
d: references in section 55 to an item were to a recording (that is a sound recording); and
e: references in sections 56 and 79 to a copyright owner were to the person entitled to exercise the rights conferred by subpart 4
6: Miscellaneous provisions
28: Section 193 replaced (Duration of rights)
Replace section 193
193: Duration of rights
1: The rights conferred by this Part exist in relation to a performance until the later of the following:
a: if the performance is first made available to the public by an authorised act before the end of the period of 25 years from when the performance takes place, the end of the period of 70 years from the end of the calendar year in which the performance is first made available to the public by an authorised act:
b: the end of the period of 70 years from the end of the calendar year in which the performance takes place.
2: For the purposes of subsection (1)
a: a performance that is given in public:
b: a performance that is communicated live to the public:
c: a recording of a performance that is communicated to the public:
d: a copy of a recording of a performance that is issued to the public.
3: In this section, authorised
29: Section 194 replaced (Transmission of rights)
Replace section 194
194: Transmission of performers’ rights
1: The rights conferred by this Part are transmissible only in accordance with sections 194A to 194J
2: References in this Part to the performer, in the context of the person having rights conferred by this Part, must be construed as references to the person for the time being entitled to exercise those rights.
194A: Moral rights not assignable
The rights conferred by sections 170A and 170E
194B: Transmission of moral rights on death
1: On the death of a person entitled to the rights conferred by sections 170A and 170E
a: the rights pass to the person that he or she may by testamentary disposition specifically direct; or
b: if there is no such direction but the performer’s property rights in the performance in question form part of the estate, the rights pass to the person to whom the property rights pass; or
c: if or to the extent that the rights do not pass under paragraph (a) or (b)
2: If, under subsection (1)﻿(a) or (b)
a: in the case of the right conferred by section 170A
b: in the case of the right conferred by section 170E
c: any waiver of the right in accordance with section 170H
3: Any damages recovered by personal representatives under this section in respect of an infringement after a person’s death devolve as part of his or her estate as if the right of action had existed and been vested in him or her immediately before his or her death.
194C: Performers’ rights relating to consent for recording or live transmission and to film recordings not assignable
The rights conferred by sections 171 to 174 are not assignable.
194D: Transmission of performers’ rights relating to consent for recording or live transmission and to film recordings on death
1: On the death of a person entitled to the rights conferred by sections 171 to 174,—
a: the rights pass to the person that he or she may by testamentary disposition specifically direct; and
b: if or to the extent that there is no such direction, the rights are exercisable by his or her personal representatives.
2: If, under subsection (1)﻿(a)
3: Any damages recovered by personal representatives under this section in respect of an infringement after a person’s death devolve as part of his or her estate as if the right of action had existed and been vested in him or her immediately before his or her death.
194E: Transmission of performers’ property rights
1: A performer’s property rights are transmissible, as personal or moveable property, by—
a: assignment; or
b: testamentary disposition; or
c: operation of law.
2: Transmission of a performer’s property rights may be partial, that is, limited so as to apply—
a: to 1 or more, but not all, of the things the person entitled to exercise the performer’s property rights has the right to do:
b: to part, but not the whole, of the period for which the performer’s property rights are to exist.
3: If a performer’s property rights become exercisable by more than 1 person, the rights are not exercisable independently and must be exercised by all rights holders acting together.
194F: Assignment
An assignment of a performer’s property rights is not effective unless it is in writing signed by or on behalf of the assignor.
194G: Performers’ property rights to pass under will with unpublished original recording
1: This section applies if, under a testamentary disposition (whether general or specific), a person is entitled beneficially or otherwise to any material thing containing an original recording of a performance that was not published before the death of the testator.
2: The testamentary disposition must be construed as including any performers’ property rights in relation to the recording in so far as the testator was the person entitled to exercise the performers’ property rights immediately before the testator’s death.
3: Subsection (2)
194H: Future property rights
1: This section applies if a performer purports to assign future property rights (wholly or partially) to another person by an agreement signed by or on behalf of the performer.
2: If, on the rights coming into existence, the assignee or the assignee’s successor in title would be entitled as against all other persons to require the rights to be vested in the assignee or the assignee’s successor in title, they vest in the assignee or the assignee’s successor in title by virtue of this subsection.
3: A licence granted by a person to whom future property rights have been assigned is binding on every successor in title to that person’s interest in the rights, except—
a: a purchaser in good faith for valuable consideration and without notice (actual or constructive) of the licence; or
b: a person deriving title from a purchaser referred to in paragraph (a)
4: In this section, future property rights Licences
194I: Licences
1: A licence granted by a person entitled to exercise a performer’s property rights is binding on every successor in title to that person’s interest in the rights, except—
a: a purchaser in good faith for valuable consideration and without notice (actual or constructive) of the licence; or
b: a person deriving title from a purchaser referred to in paragraph (a)
2: The licensee under an exclusive performer’s rights licence has the same rights against a successor in title who is bound by the licence as that licensee has against the person who granted the licence.
194J: Rights and remedies of exclusive licensee
1: The licensee under an exclusive performer’s rights licence has, except against the person granting the licence, the same rights and remedies under this Part in respect of matters occurring after the grant of the licence as if the licence were an assignment.
2: The rights and remedies of the licensee under an exclusive performer’s rights licence under this Part are concurrent with those of the person granting the licence.
3: In proceedings brought by the licensee under an exclusive performer’s rights licence under this section, a defendant may avail himself or herself or itself of any defence that would have been available if the proceedings had been brought by the person granting the licence.
194K: Exercise of concurrent rights
1: This section applies if—
a: proceedings for infringement of a performer’s rights are brought by the performer or a licensee; and
b: those proceedings relate (wholly or partly) to an infringement in respect of which the performer and the licensee have concurrent rights of action.
2: The performer or, as the case may be, the licensee may not, without the leave of the court, proceed with the proceedings unless the other is either joined as a plaintiff or added as a defendant.
3: A performer or licensee who is joined as a plaintiff or added as a defendant under subsection (2)
4: Subsections (2) and (3)
5: Whether or not the performer and the licensee are both parties to proceedings for infringement of a performer’s rights that relate (wholly or partly) to an infringement in respect of which they have or had concurrent rights of action,—
a: the court must, in assessing damages, take into account—
i: the terms of the licence; and
ii: any pecuniary remedy already awarded or available to either the performer or the licensee in respect of the infringement; and
b: no account of profits may be directed if an award of damages has been made, or an account of profits has been directed, in favour of either the performer or the licensee in respect of the infringement; and
c: the court must, if an account of profits is directed, apportion the profits between the performer and the licensee in the manner that the court considers just, subject to any agreement between them.
6: The performer must notify any licensee who has concurrent rights before applying for an order under section 199, and the court may on the application of the licensee make any order under that section that it thinks fit, having regard to the terms of the licence.
7: In this section, licensee
30: Cross-heading above section 195 replaced
Replace the cross-heading above section 195 Consent and waiver
31: Section 195 amended (Consent)
1: Replace the heading to section 195 Consent and waiver
2: In section 195(2) consent or waiver
32: Section 196 amended (Proceedings for infringement of performers’ rights)
1: In section 196(3)﻿(b) damages either damages or an account of profits
2: After section 196(4)
5: If, in proceedings for infringement of a performer’s property rights, it is proved or admitted that at the time of the infringement the defendant did not know, and had no reason to believe, that the acts complained of infringed the performer’s property rights, the plaintiff is not entitled to damages but, without prejudice to the award of any other remedy, is entitled to an account of profits.
33: New section 196A inserted (Proceedings against the Crown)
After section 196
196A: Proceedings against the Crown
If any employee or agent of the Crown infringes a performer’s rights in a performance, and the infringement is committed with the authority of the Crown, civil proceedings in respect of the infringement lie against the Crown under the Crown Proceedings Act 1950 (subject to this Act).
34: New section 197A and cross-heading inserted
After section 197 Presumptions
197A: Presumptions relevant to performances
1: This section applies to proceedings brought under this Act with respect to—
a: a recording that is a sound recording of a performance:
b: a copy of a recording referred to in paragraph (a)
2: If a person has previously been identified as the performer of a performance in accordance with section 170B(1)﻿(c) or (d)
a: that rights are conferred by this Part in relation to the performance; and
b: that the person is the person entitled to exercise those rights.
35: Section 198 amended (Criminal liability for making, dealing with, using, or copying illicit recordings)
1: After section 198(1)﻿(c)
ca: distributes otherwise than in the course of a business to such an extent as to affect prejudicially the performer; or
2: In section 198(1) a recording that is, and that the person knows is, an illicit recording a specified recording
3: After section 198(1)
1A: In subsections (1) and (4) specified recording
a: an illicit recording, if the person referred to in subsection (1) knows that the recording is an illicit recording; or
b: a copy of a sound recording that is made without the performer’s consent, if the person referred to in subsection (1) knows that the copy was made without that consent.
4: In section 198(3)﻿(c) or sections 181 to 191 , 181 to 191, and 192A
5: Replace section 198(4)
4: Every person who commits an offence against subsection (1), (2), or (3) is liable on conviction,—
a: in the case of an offence against subsection (1), to a fine not exceeding $10,000 for every specified recording to which the offence relates, but not exceeding $150,000 in respect of the same transaction, or to imprisonment for a term not exceeding 5 years:
b: in the case of an offence against subsection (2), to a fine not exceeding $150,000 or to imprisonment for a term not exceeding 5 years:
c: in the case of an offence against subsection (3), to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 months.
6: After section 198(5)
6: Section 197A
36: Section 199 amended (Order for delivery up in criminal proceedings)
After section 199(3)
4: Section 197A
37: New section 201A inserted (Evidence in proceedings)
After section 201
201A: Evidence in proceedings
1: In proceedings for an offence against section 198, whether by way of a hearing in the first instance or by way of appeal or otherwise, the court may receive an affidavit as evidence of—
a: the existence of rights conferred by this Part in relation to a performance; and
b: a person being entitled to exercise those rights.
2: A party to the proceedings may apply to the court to require a person whose evidence has been given by affidavit to attend the proceedings for the purposes of cross-examination; and the court may make an order accordingly.
37A: Section 226 amended (Definitions of TPM terms)
1: Replace the heading to section 226 Interpretation for sections 226A to 226E
2: In section 226 issuer of the TPM work issuer of a TPM work
a: a copyright owner of a TPM work that—
i: issued a copy of the TPM work to the public; or
ii: communicated the TPM work to the public; or
b: a person that, under licence from the copyright owner,—
i: issued a copy of the TPM work to the public; or
ii: communicated the TPM work to the public permitted act
a: is permitted under Part 3 or otherwise does not infringe copyright in the TPM work; and
b: does not infringe any specified performers’ rights in the TPM work specified performers’ rights Section 37A inserted 26 October 2018 section 8 Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018
37B: Section 226D amended (When rights of issuer of TPM work do not apply)
In section 226D(2)﻿(a) a permitted act under Part 3 a permitted act Section 37B inserted 26 October 2018 section 8 Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018
37C: Section 226E amended (User’s options if prevented from exercising permitted act by TPM)
1: In section 226E(1) a permitted act under Part 3 a permitted act
2: In section 226E(2) a permitted act under Part 3 a permitted act
3: In section 226E(2) copyright owner or the exclusive licensee issuer of the TPM work
4: In section 226E(3) if that person if that research is a permitted act and if that person
5: In section 226E(3)﻿(b)﻿(i) copyright owner or exclusive licensee of the copyright to the use of issuer of the TPM work to use Section 37C inserted 26 October 2018 section 8 Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018
37D: Section 226F replaced (Meaning of copyright management information)
Replace section 226F
226F: Meaning of copyright management information
In sections 226G, 226H, and 226J, CMI copyright management information
a: identifies 1 or more of the following:
i: the work:
ii: the author of the work:
iii: the copyright owner:
iv: a performer:
v: in the case of a film, the director of the film; or
b: identifies or indicates some or all of the terms and conditions for using the work, or indicates that the use of the work is subject to terms and conditions; or
c: is a number or code that represents any of the information referred to in paragraph (a) or (b). Section 37D inserted 26 October 2018 section 8 Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018
37E: Section 226G amended (Interference with CMI prohibited)
In section 226G(1) , or embodied in, , or appearing in connection with communicating or making available, Section 37E inserted 26 October 2018 section 8 Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018
37F: Section 226H amended (Commercial dealing in work subject to CMI interference)
In section 226H(1) and (2)﻿(c) , or embodied in, , or appearing in connection with communicating or making available, Section 37F inserted 26 October 2018 section 8 Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018
37G: Section 226I amended (Contravention of section 226G or 226H)
In section 226I
2: If the copyright management information is or includes information that identifies an author, a director, or a performer (or is a number or code that represents information that identifies that person), the author, director, or performer (or a person entitled to exercise that person’s rights under Part 4 or 9) has the same rights and remedies in relation to a contravention of either of sections 226G and 226H as an author, a director, or a performer has in respect of an infringement of the rights conferred by Part 4 or 9.
3: Subsection (2) does not limit subsection (1). Section 37G inserted 26 October 2018 section 8 Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018
38: Section 226 replaced (Definitions of TPM terms)
Replace section 226
226AAA: Overview of provisions relating to technological protection measures
1: This section is intended only as a guide to the general scheme and effect of sections 226 to 226O TPM provisions
2: The content of the TPM provisions is as follows:
a: section 226
b: sections 226A to 226AC
i: dealing in TPM circumvention devices:
ii: providing services to circumvent a TPM:
iii: circumventing an access control TPM:
c: section 226B relates to the rights of the issuer of a TPM work:
d: section 226C sections 226A to 226AC
e: section 226D
f: sections 226E to 226L and 226O sections 226A to 226AC
i: section 226E section 234(1)﻿(qa)
ii: sections 226F to 226K section 226N section 234(1)﻿(qb)
iii: section 226L section 234(1)﻿(qb)
iv: section 226O
g: section 226M
3: Regulations made for the purpose of section 226E, 226L, or 226N section 234(1)﻿(qa) or (qb) section 234(2) to (6)
226: Definitions of TPM terms
1: In sections 226AAA to 226O and 234 access control TPM
a: means a technology, device, or component that, in the normal course of its operation, controls any access to a TPM work; but
b: does not include a technology, device, or component that can, in the normal course of its operation, be circumvented accidentally archive archivist issuer of the TPM work
a: a copyright owner of a TPM work that—
i: issued a copy of the TPM work to the public; or
ii: communicated the TPM work to the public; or
b: a person that, under licence from the copyright owner,—
i: issued a copy of the TPM work to the public; or
ii: communicated the TPM work to the public librarian prescribed library specified performers’ rights subpart 4 of Part 9 TPM technological protection measure
a: an access control TPM; or
b: a technology, device, or component that, in the normal course of its operation, prevents or inhibits the infringement of copyright in a TPM work or of any specified performers’ rights (other than a technology, device, or component that can, in the normal course of its operation, be circumvented accidentally) TPM circumvention device
a: is promoted, advertised, or otherwise marketed by or on behalf of a person referred to in section 226A(1)
b: has no commercially significant purpose or use other than to circumvent a technological protection measure; or
c: is solely or primarily designed or produced for the purpose of circumventing a technological protection measure TPM work subsection (2)
2: A work is a TPM work
a: it is a copyright work; and
b: it is protected by a technological protection measure; and
c: the copyright owner, or a person under licence from the copyright owner, has—
i: issued a copy of the work to the public; or
ii: communicated the work to the public.
39: Section 226A replaced (Prohibited conduct in relation to technological protection measure)
Replace section 226A
226A: Dealing in TPM circumvention devices
1: A person ( A
2: However, this section applies only if A knows, or has reason to believe, that the TPM circumvention device will be, or is likely to be, used for the purpose of circumventing a technological protection measure—
a: otherwise than in a manner that is permitted under sections 226E to 226L
b: without the authority of the issuer of the TPM work.
226AB: Providing service to circumvent technological protection measures
1: A person ( A
a: the service is promoted, advertised, or otherwise marketed by or on behalf of A for the purpose of circumventing a technological protection measure:
b: the service has no commercially significant purpose or use other than to circumvent a technological protection measure:
c: the service is solely or primarily designed or performed for the purpose of circumventing a technological protection measure.
2: However, this section applies only if A knows, or has reason to believe, that the service will be, or is likely to be, used for the purpose of circumventing a technological protection measure—
a: otherwise than in a manner that is permitted under sections 226E to 226L
b: without the authority of the issuer of the TPM work.
226AC: Circumventing access control TPM
1: A person ( A
a: A knows, or has reason to believe, that A is circumventing an access control TPM; and
b: A does not have the authority of the issuer of the TPM work to circumvent the access control TPM.
2: However, this section does not apply if A circumvents the access control TPM in accordance with any of sections 226E to 226L
40: Section 226B amended (Rights of issuer of TPM work)
1: Repeal section 226B(1)
2: In section 226B(2) rights rights and remedies
3: In section 226B(2) section 226A section 226A, 226AB, or 226AC
4: After section 226B(2)
2A: The rights that the issuer of a TPM work has under this section do not prevent or restrict a person from doing an act that the person is allowed to do under any of sections 226E to 226L
2B: In section 121(1) as it applies to proceedings for infringement of the rights conferred by this section, the reference to the defendant not knowing or having reason to believe that copyright existed in the work must be construed as a reference to not knowing or having reason to believe that the acts complained of infringed the rights conferred by this section.
5: In section 226B(4) 129 and 197A
6: After section 226B(5)
6: A performer ( A
a: the performance is fixed in a sound recording; and
b: the TPM work is the sound recording; and
c: A issued a copy of the TPM work to the public or communicated the TPM work to the public.
41: Sections 226C to 226J and cross-heading replaced
Replace sections 226C to 226J section 226F
226C: Offence of contravening section 226A, 226AB, or 226AC
1: This section applies if a person ( A section 226A, 226AB, or 226AC
2: A commits an offence if,—
a: in the case of section 226A
i: otherwise than in a manner that is permitted under sections 226E to 226L
ii: without the authority of the issuer of the TPM work:
b: in the case of section 226AB
i: otherwise than in a manner that is permitted under sections 226E to 226L
ii: without the authority of the issuer of the TPM work:
c: in the case of section 226AC
i: is circumventing an access control TPM; and
ii: is doing so without the authority of the issuer of the TPM work.
3: A person who commits an offence under this section is liable on conviction to a fine not exceeding $150,000 or to a term of imprisonment not exceeding 5 years, or both.
226D: Provisions to be construed independently
The provisions of sections 226E to 226L and 226O section 234(1)﻿(qa) or (qb)
226E: Acts that do not infringe copyright or specified performers’ rights
1: Nothing in sections 226A to 226C
a: is a permitted act under Part 3 or otherwise does not infringe the copyright in the TPM work; and
b: does not infringe any specified performers’ rights in the TPM work.
2: This section does not apply in the prescribed circumstances.
226F: Geographic market segmentation
1: Nothing in sections 226A to 226C
2: Subsection (1)
3: In this section, non-infringing copy Copyright Act 1968 s 10(1) definition of access control technological protection measure (Aust)
226G: Law enforcement, national security, and performing or exercising other functions, powers, or duties
1: Nothing in sections 226A to 226C
a: law enforcement; or
b: national security; or
c: performing or exercising any function, power, or duty under any enactment.
2: In this section, Crown
a: Ministers of the Crown and all departments (within the meaning of section 2(1) of the Public Finance Act 1989); and
b: all Offices of Parliament (within the meaning of section 2(1) of the Public Finance Act 1989); and
c: all statutory entities (within the meaning of section 10(1) of the Crown Entities Act 2004); and
d: the Reserve Bank of New Zealand. Copyright Act 1968 s 116AN(7) (Aust)
226H: Encryption research
1: Nothing in sections 226A to 226C
a: that person is—
i: engaged in a course of study at an educational establishment in the field of encryption technology; or
ii: employed, trained, or experienced in the field of encryption technology; and
b: that person has taken all reasonable steps to obtain permission from the issuer of the TPM work to circumvent the technological protection measure for the purpose of the research; and
c: the research will not infringe copyright or any specified performers’ rights.
2: In this section,— encryption research encryption technology
226I: Embedded computer program that involves use of goods or services
1: This section applies if a TPM work is a computer program that is embedded in a machine or device.
2: Nothing in sections 226A to 226C
a: does not infringe the copyright in the TPM work; and
b: does not infringe any specified performers’ rights.
3: In this section, goods Copyright Act 1968 s 10(1) definition of access control technological protection measure (Aust)
226J: Computer programs that are no longer supported by remote server
1: This section applies in relation to a computer program that requires a network connection to a remote server to enable some or all of its functionality and that is no longer supported by a remote server.
2: Nothing in sections 226A to 226C
a: relates to a copy of the computer program that is not an infringing copy; and
b: will not infringe the copyright in the computer program; and
c: will not infringe any specified performers’ rights; and
d: will be done for the sole purpose of enabling functionality of the computer program that is lost because the computer program is no longer supported by a remote server.
226K: Other acts relating to computers
1: Nothing in sections 226A to 226C subsection (2), (3), or (4) Achieving interoperability of computer programs
2: An act under this subsection—
a: must relate to a computer program (the original program
b: must not infringe the copyright in the original program or the TPM work; and
c: must not infringe any specified performers’ rights; and
d: must relate to elements of the original program or the TPM work that will not be readily available to the person before the circumvention occurs; and
e: must be done for the sole purpose of—
i: achieving interoperability of an independently created computer program with the original program or any other program; or
ii: accessing the TPM work using an independently created computer program that is interoperable with the original program. Testing, investigating, or correcting security of computers or networks
3: An act under this subsection—
a: must relate to a copy of a computer program that is not an infringing copy; and
b: must not infringe the copyright in the computer program; and
c: must not infringe any specified performers’ rights; and
d: must be done for the sole purpose of testing, investigating, or correcting the security of a computer, computer system, or computer network; and
e: must be done with the permission of the owner of the computer, computer system, or computer network. Protecting privacy
4: An act under this subsection—
a: must relate to a copy of a work that is not an infringing copy; and
b: must not infringe the copyright in the work; and
c: must not infringe any specified performers’ rights; and
d: must be done for the sole purpose of identifying and disabling a capability to collect or disseminate personal information (as defined in section 2(1) of the Privacy Act 1993). Copyright Act 1968 s 116AN(3), (5), (6) (Aust)
226L: Non-infringing acts expressly permitted by regulations
1: Nothing in sections 226A to 226C
2: Subsection (1)
3: See section 234(3)
226M: Relationship with Crimes Act 1961
Nothing in sections 226E to 226L or 226O section 234(1)﻿(qa) or (qb)
226N: Sections 226F to 226K apply subject to prescribed modifications
1: Sections 226F to 226K
2: Those regulations may provide that, subject to any conditions stated in the regulations, any of sections 226F to 226K
a: do not apply; or
b: apply with the modifications or additions (or both) that are specified in the regulations.
3: See section 234(3)
226O: Application of provisions to not-for-profit entities
1: For the purposes of section 226B, sections 226A, 226AB, and 226AC subsection (3)
a: in good faith in the performance or exercise of the functions, powers, or duties of a person referred to in subsection (3)﻿(a) to (d)
b: without knowing that the act infringed the rights conferred by section 226B.
2: For the purposes of section 226C sections 226A, 226AB, and 226AC subsection (3) subsection (3)﻿(a) to (d)
3: The persons are—
a: an educational establishment:
b: an archive:
c: a prescribed library:
d: a broadcaster (within the meaning of section 2(1) of the Broadcasting Act 1989)—
i: that is wholly owned by the Crown (within the meaning of section 2(1) of the Public Finance Act 1989); and
ii: whose business is not carried on for the pecuniary profit of any person:
e: a person who is acting on behalf of a person referred to in any of paragraphs (a) to (d) Rights management information
226P: Definitions of RMI terms
1: In this section and in sections 226Q to 226U relevant person
a: the person ( A
b: the successor in title to A’s interest in the copyright in the copyright work or in any rights conferred by Part 4 or 9 RMI rights management information
a: identifies 1 or more of the following:
i: the work:
ii: the author of the work:
iii: the copyright owner:
iv: a performer:
v: in the case of a film, the director of the film; or
b: identifies or indicates some or all of the terms and conditions for using the work, or indicates that the use of the work is subject to terms and conditions; or
c: is a number or code that represents any of the information referred to in paragraph (a) or (b)
2: In sections 226R to 226U imports
226Q: Interference with RMI
1: A person ( A
2: However, subsection (1)
a: A has the authority of the relevant person to remove or modify the rights management information; or
b: A does not know, and has no reason to believe, that the removal or modification will induce, enable, facilitate, or conceal an infringement of the copyright in the work or any rights conferred by Part 4 or 9.
226R: Dealing in RMI that has been modified
1: A person ( A
2: However, subsection (1)
a: A has the authority of the relevant person to distribute or import the modified rights management information; or
b: A does not know that the rights management information has been modified without the authority of the relevant person; or
c: A does not know, and has no reason to believe, that distributing or importing the modified rights management information will induce, enable, facilitate, or conceal an infringement of the copyright in a copyright work or any rights conferred by Part 4 or 9.
226S: Dealing in work subject to RMI interference
1: A person ( A
2: However, subsection (1)
a: A has the authority of the relevant person to carry out the act that would otherwise be prohibited by subsection (1)
b: A does not know that the rights management information has been removed or modified without the authority of the relevant person; or
c: A does not know, and has no reason to believe, that distributing, importing, communicating, or making available to the public the copy of the work will induce, enable, facilitate, or conceal an infringement of the copyright in the work or any rights conferred by Part 4 or 9.
226T: Rights and remedies for contravention of sections 226Q to 226S
1: A copyright owner or an exclusive licensee of a copyright work has the same rights and remedies in relation to a contravention of any of sections 226Q to 226S
2: If the rights management information is or includes information that identifies an author, a director, or a performer (or is a number or code that represents information that identifies that person), the author, director, or performer (or a person entitled to exercise that person’s rights under Part 4 or 9) has the same rights and remedies in relation to a contravention of any of sections 226Q to 226S
3: Subsection (2) subsection (1)
4: In section 121(1), as it applies to proceedings for infringement of the rights conferred by this section, the reference to the defendant not knowing or having reason to believe that copyright existed in the work must be construed as a reference to not knowing or having reason to believe that the acts complained of infringed the rights conferred by this section.
226U: Offence of contravening sections 226Q to 226S
1: This section applies if a person ( A sections 226Q to 226S
2: A commits an offence if,—
a: in the case of section 226Q
i: A knowingly removes or modifies the rights management information; and
ii: A knows that the removal or modification will induce, enable, facilitate, or conceal an infringement of the copyright in the copyright work or any rights conferred by Part 4 or 9:
b: in the case of section 226R
i: A knowingly distributes or imports the rights management information; and
ii: A knows that distributing or importing the information will induce, enable, facilitate, or conceal an infringement of the copyright in the copyright work or any rights conferred by Part 4 or 9:
c: in the case of section 226S
i: A knowingly distributes, imports, communicates, or makes available to the public the copy of the copyright work; and
ii: A knows that distributing, importing, communicating, or making available the copy of the work will induce, enable, facilitate, or conceal an infringement of the copyright in the work or any rights conferred by Part 4 or 9.
3: A person who commits an offence under subsection (2) Protection of encrypted programme-carrying satellite and cable signals
226V: Definitions
1: In this section and sections 226W to 226ZA cable signal decoding device or system
a: that is intended to be used to assist in decoding a satellite signal or cable signal; or
b: that is primarily of assistance in decoding a satellite signal or cable signal; or
c: the principal function of which is solely to assist in decoding a satellite signal or cable signal lawful distributor satellite signal
2: In this section, a signal is broadcast
a: visual images, sounds, or other information is transmitted electronically; and
b: the signal—
i: is transmitted for simultaneous reception by members of the public and is capable of being lawfully received by them; or
ii: is transmitted at a time determined solely by the person making the transmission for presentation to members of the public; and
c: in the case of a signal transmitted on the Internet, the transmission—
i: takes place simultaneously on the Internet and by other means; or
ii: is a concurrent transmission of a live event; or
iii: is a transmission of a film or sound recording forming part of a programme service that is offered by the person responsible for making the transmission and that involves programmes being transmitted at scheduled times determined by that person.
3: For the purposes of subsection (2)﻿(b)﻿(i)
226W: Prohibited dealing in decoding devices or systems relating to satellite signals
1: A person ( A
a: it is intended to be used to assist in the unauthorised decoding of a satellite signal; or
b: it is primarily of assistance in the unauthorised decoding of a satellite signal; or
c: its principal function is solely to assist in the unauthorised decoding of a satellite signal.
2: In this section, the decoding of a satellite signal is unauthorised
226X: Prohibited receipt and decoding of satellite signals or distribution of decoded satellite signals
A person ( A
226Y: Prohibited conduct in relation to cable signals
1: A person ( A
2: A person ( A
3: In this section, reception of a cable signal is unauthorised
226Z: Civil remedies for contravention of sections 226W to 226Y
1: This section applies to a person ( B
a: has an interest in a satellite signal or its content or is the lawful distributor of a cable signal; and
b: has suffered loss or damage as a result of the contravention of any of sections 226W to 226Y
2: B—
a: has the same rights and remedies in relation to a contravention of any of sections 226W to 226Y
b: has the same rights under section 122 in relation to any decoding device or system, or equipment referred to in section 226Y
3: Section 134 applies, with all necessary modifications, in relation to the disposal of anything delivered up under subsection (2)﻿(b)
226ZA: Offence for contravention of section 226W or 226X
1: A person who contravenes section 226W
2: A person who contravenes section 226W
3: A person who contravenes section 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)
In section 228(2)﻿(b) or section 132
43: Section 234 amended (Regulations)
1: After section 234(q)
qa: prescribing circumstances for the purposes of section 226E(2)
qb: prescribing matters for the purposes of sections 226L and 226N
2: In section 234
2: Regulations may be made under subsection (1)﻿(qa) and (qb)
a: has consulted the persons or representatives of the persons that the Minister considers will be substantially affected by the regulations, and those persons have had the opportunity to comment to the Minister; and
b: has considered those comments; and
c: has had regard to the effect of the regulations on—
i: the issue to the public of copies of works or the communication to the public of works (in each case, particularly in digital form); and
ii: the use of works that do not infringe copyright in the work or specified performers’ rights; and
d: in the case of subsection (1)﻿(qa) section 226E(1)
e: in the case of subsection (1)﻿(qb)
i: provide more certainty about the circumstances in which a technological protection measure may be circumvented (without infringing copyright in the TPM work or any specified performers’ rights); or
ii: prevent any of sections 226F to 226K paragraph (d)
3: Regulations made under subsection (1)﻿(qb)
a: infringes the copyright in the TPM work; or
b: infringes any specified performers’ rights.
4: If the Minister makes a recommendation under subsection (2)
5: A failure to comply with subsection (2)﻿(a) or (b) subsection (1)﻿(qa) or (qb)
6: Regulations under this section are secondary legislation ( see Part 3 of the Legislation Act 2019
7: Regulations under subsection (1)﻿(﻿qa) or (qb) must be confirmed by an Act ( see
3: Subsection (4) consequentially amends the Legislation Act 2019
4: In Schedule 4, Part 1 The following table is small in size and has 2 columns. This table is an amendment to the table in Schedule 4 Part 1 of the Legislation Act 2019 and should be read with that table to provide understanding of the context. Copyright Act 1994 234(qa) and (qb) OIC Legislation Act 2019 See s 2. Section 43(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 43(3) inserted 29 October 2019 section 4 Legislation (Repeals and Amendments) Act 2019 Section 43(4) inserted 29 October 2019 section 4 Legislation (Repeals and Amendments) Act 2019
44: Schedule 1 amended
1: In Schedule 1, above clause 1
1: Provisions relating to Act as enacted
2: In Schedule 1, clause 1(1) to (4)
3: In Schedule 1, clause 3(3)
4: In Schedule 1, clause 4(3)
5: In Schedule 1, after the cross-heading above clause 17
16A: Clauses 17 to 19 subject to Part 2
Clauses 17 to 19 are subject to Part 2 of this schedule.
6: In Schedule 1, repeal clause 17(2)﻿(b)
7: In Schedule 1, replace clause 17(2)﻿(d)﻿(ii)
ii: if the work was made, but unpublished, before commencement, copyright exists until—
A: the end of the period of 70 years from the end of the calendar year in which the new copyright provisions come into force; or
B: if the work is first made available to the public (within the meaning of section 22(4)) during the period of 50 years from the end of the calendar year in which the new copyright provisions come into force, the end of the period of 70 years from the end of the calendar year in which the work is first made available to the public; and
8: In Schedule 1, clause 18(2)﻿(d) 50 70
9: In Schedule 1, after clause 43
2: Provisions relating to Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018
1: Copyright
44: Interpretation
In this subpart, unless the context otherwise requires,— commencement TPP copyright duration provisions Part 1 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018
45: Duration of copyright in works generally
1: If copyright exists in a work immediately before commencement, the duration of copyright in the work is determined in accordance with this Act (as amended by the TPP copyright duration provisions). Example
A literary work is created by person A on 1 February 1995, the work is published on 1 February 2000, and person A dies on 1 February 2010. Copyright in the work expires from the end of 31 December 2080 (that is, 70 years from the end of the calendar year in which the author dies). See
2: If copyright comes into existence in a work on or after commencement, the duration of copyright in the work is determined in accordance with this Act (as amended by the TPP copyright duration provisions). Example
A sound recording is made on 1 June 2020 and is first made available to the public by an authorised act on 1 June 2025. Copyright in the work expires from the end of 31 December 2095 (that is, 70 years from the end of the calendar year in which the work is first made available to the public by an authorised act). See
3: If copyright has expired in a work before commencement, the provisions of this Act (as amended by the TPP copyright duration provisions) do not apply to revive copyright in the work. Example
A literary work is created by person B on 1 September 1964, the work is published in October 1964, and person B dies in November 1964. Copyright in the work expires from the end of 31 December 2014 (that is, 50 years from the end of the calendar year in which the author dies). See
4: Despite subclause (1) clause 46
a: copyright exists in the work immediately before commencement; and
b: copyright in the work would, but for the TPP copyright duration provisions, have expired within 8 years of commencement; and
c: the duration of copyright in the work would, immediately before commencement, have been determined in accordance with any of the following provisions:
i: section 22:
ii: section 23:
iii: section 28(2)﻿(b):
iv: clause 17(2)﻿(b) of this schedule:
v: clause 17(2)﻿(d) of this schedule.
46: Duration of copyright in certain works
The duration of copyright in a work referred to in clause 45(4)
a: section 22(1) to (3)
b: section 23(1)
c: section 28(2)﻿(b)
d: clause 17(2)﻿(d)﻿(ii) of this schedule. Example
A literary work is created by person C on 1 May 1961, the work is published on 1 May 1968, and person C dies on 1 May 1970. Copyright in the work expires from the end of 31 December 2030 (that is, 60 years from the end of the calendar year in which the author dies) because— copyright exists in the work immediately before commencement; and copyright in the work would, but for the TPP copyright duration provisions, have expired at the end of 31 December 2020 (that is, within 8 years of commencement); and the duration of copyright in the work would, immediately before commencement, have been determined in accordance with section 22.
2: Performers’ rights
Interpretation
47: Interpretation
In this subpart, unless the context otherwise requires,— commencement WIPO performers’ rights provisions performer’s rights WIPO performers’ rights provisions Application
48: Application
1: If a performance is given on or after commencement, Part 9 (as amended by the WIPO performers’ rights provisions
2: If a performance is given before commencement, Part 9 (as in force immediately before commencement) continues to apply to any act done on or after commencement in relation to that performance.
3: Despite subclause (2) subclause (2)
4: This clause is subject to clauses 49 and 50 Duration
49: Duration of performers’ rights generally
1: If a performer’s rights exist immediately before commencement, the duration of the rights is determined in accordance with section 193 WIPO performers’ rights provisions
2: If a performer’s rights come into existence on or after commencement, the duration of the rights is determined in accordance with section 193 WIPO performers’ rights provisions
3: If a performer’s rights have expired before commencement, the WIPO performers’ rights provisions
4: Despite subclause (1) clause 50
a: the performer’s rights exist immediately before commencement; and
b: the performer’s rights would, but for the WIPO performers’ rights provisions
c: the duration of the performer’s rights would, immediately before commencement, have been determined in accordance with section 193
50: Duration of certain performers’ rights
1: If the conditions of clause 49(4)
2: The duration of the rights is determined in accordance with section 193 WIPO performers’ rights provisions Section 44(9) amended 26 October 2018 section 9(1) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 Section 44(9) amended 26 October 2018 section 9(2) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 Section 44(9) amended 26 October 2018 section 9(3) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 Section 44(9) amended 26 October 2018 section 9(4) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 Section 44(9) amended 26 October 2018 section 9(5) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 Section 44(9) amended 26 October 2018 section 9(6) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 Section 44(9) amended 26 October 2018 section 9(7) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 Section 44(9) amended 26 October 2018 section 9(8) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 Section 44(9) amended 26 October 2018 section 9(9) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 Section 44(9) amended 26 October 2018 section 9(10) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018
2: Amendments to Customs and Excise Act 1996
Part 2 repealed 26 October 2018 section 10 Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018
45: Principal Act
OIC Customs and Excise Act 1996 Editorial diary entry has been closed off because of repeal — 261018 (SHR) Section 45 repealed 26 October 2018 section 10 Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018
46: Section 119 amended (Application for Customs ruling)
Section 46 repealed 26 October 2018 section 10 Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018
47: Section 120 amended (Making of Customs ruling)
Section 47 repealed 26 October 2018 section 10 Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018
48: Section 122 amended (Effect of Customs ruling)
Section 48 repealed 26 October 2018 section 10 Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018
3: Amendments to Dairy Industry Restructuring Act 2001
49: Principal Act
This Part amends the Dairy Industry Restructuring Act 2001 principal Act OIC Dairy Industry Restructuring Act 2001
50: Section 5 amended (Interpretation)
1: In section 5(1) designated market
b: for all other export licences, a market listed in Schedule 5A
2: In section 5(1) eligible participant period (subject to subsection (3))
3: In section 5(1) Official Organic Assurance Programme US TPP organic butter exports US TPP rights
4: After section 5(2)
3: In respect of US TPP organic butter exports, in paragraph (b) of the definition of eligible participant in subsection (1), references to milk solids are to be read as being limited to milk solids that are collected from a farmer who—
a: is a participant in the Official Organic Assurance Programme; and
b: has produced, and has at all times otherwise dealt with, the milk solids in accordance with the programme (whether or not the milk solids are intended for export, or for use in the production of other products for export, to a market covered by the programme).
51: New section 5A inserted (Transitional, savings, and related provisions)
After section 5
5A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.
52: Section 26 amended (Later allocation of export licences)
1: In section 26(1)﻿(b) to (d) Schedule 5A Part 1 of
2: After section 26(1)﻿(d)
e: any US TPP rights (or any increases in US TPP rights) that become available at any time, except anything to which section 27A(2) applies.
3: In section 26(2) Following the expiry of the initial and interim licences, export licences Export licences (other than initial or interim licences)
53: Section 27A amended (Increases or reductions in rights to export to designated markets after initial period)
1: In the heading to section 27A period , etc
2: After section 27A(1)
1A: This section also applies if there is an increase or reduction in US TPP rights that are not allocated in an existing export licence.
54: New Schedule 1 inserted
Insert the Schedule 1 set out in Schedule 2
55: Schedule 5A amended
1: After the Schedule 5A
1: Exports other than exports under Trans-Pacific Partnership Agreement
2: In Schedule 5A
2: Exports under Trans-Pacific Partnership Agreement
In the following table, a reference to a numbered paragraph is to that numbered paragraph of the Trans-Pacific Partnership Agreement (done at Auckland on 4 February 2016), Annex 2–D, United States Appendix A, Tariff Rate Quotas of the United States as that numbered paragraph may be amended, modified, or replaced (wholly or partly and with or without modifications) from time to time. The following table is small in size and has 3 columns. Column 1 is headed Market, column 2 is headed Product, and column 3 is headed Further product description. Market Product Further product description United States of America Cheese Product that falls within paragraph 28(e), only including those quantities for which designated importer import licences are issued in accordance with United States of America law, and not including product that is destined for import into the United States of America other than under the terms of the tariff-rate quota given by paragraph 28(b), and not including product that is destined for import into the United States of America under that tariff-rate quota but which will not count towards the quantities specified in paragraph 28(b) because of paragraph 28(d). United States of America Skim milk powder Product that falls within paragraph 29(d), only including those quantities for which designated importer import licences are issued in accordance with United States of America law, and not including product that is destined for import into the United States of America other than under the terms of the tariff-rate quota given by paragraph 29(b), and not including product that is destined for import into the United States of America after the Year 19 referred to in paragraph 29(b). United States of America Whole milk powder Product that falls within paragraph 30(d), only including those quantities for which designated importer import licences are issued in accordance with United States of America law, and not including product that is destined for import into the United States of America other than under the terms of the tariff-rate quota given by paragraph 30(b), and not including product that is destined for import into the United States of America after the Year 29 referred to in paragraph 30(b). United States of America Concentrated milk Product that falls within paragraph 31(d), only including those quantities for which designated importer import licences are issued in accordance with United States of America law, and not including product that is destined for import into the United States of America other than under the terms of the tariff-rate quota given by paragraph 31(b). United States of America Creams Product that falls within paragraph 32(d), only including those quantities for which designated importer import licences are issued in accordance with United States of America law, and not including product that is destined for import into the United States of America other than under the terms of the tariff-rate quota given by paragraph 32(b). United States of America Butter and butter substitutes Product that falls within paragraph 33(e), only including those quantities for which designated importer import licences are issued in accordance with United States of America law, and not including product that is destined for import into the United States of America other than under the terms of the tariff-rate quota given by paragraph 33(b) and (c). United States of America Organic butter Product that falls within paragraph 34(e), only including those quantities for which designated importer import licences are issued in accordance with United States of America law, and not including product that is destined for import into the United States of America other than under the terms of the tariff-rate quota given by paragraph 34(b) and (c). United States of America Other dairy products Product that falls within paragraph 35(d), only including those quantities for which designated importer import licences are issued in accordance with United States of America law, and not including product that is destined for import into the United States of America other than under the terms of the tariff-rate quota given by paragraph 35(b).
56: Schedule 5B amended
In Schedule 5B, after clause 3
3A: In respect of US TPP organic butter exports,—
a: in clauses 1 and 2, references to milk solids are to be read as being limited to milk solids that are collected from a dairy farmer who—
i: is a participant in the Official Organic Assurance Programme; and
ii: has produced, and has at all times otherwise dealt with, the milk solids in accordance with the programme (whether or not the milk solids are intended for export, or for use in the production of other products for export, to a market covered by the programme); and
b: the collection data required by clause 3 are limited accordingly.
4: Amendment to Hazardous Substances and New Organisms Act 1996
57: Principal Act
This Part amends the Hazardous Substances and New Organisms Act 1996 principal Act OIC LI 2018/227 2018-12-30 Hazardous Substances and New Organisms Act 1996
58: Section 59 amended (Time limits and waivers)
After section 59(5)
6: If the relevant CPTPP or TPP provision relevant CPTPP or TPP provision
7: An extension given for the purposes of subsection (6) applies for all submissions.
8: In subsection (6), relevant CPTPP or TPP provision
a: Article 8.7.14 of the Trans-Pacific Partnership Agreement (done at Auckland on 4 February 2016) (technical barriers to trade: transparency: periods to comment on proposals):
b: that provision as incorporated into the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, done at Santiago, Chile, on 8 March 2018, by Article 1.1 of that agreement.
9: Subsection (4) does not apply where the Authority is acting under subsection (5) for the purposes of subsection (6). Section 58 amended 26 October 2018 section 11(1) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 Section 58 amended 26 October 2018 section 11(2) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018
5: Amendments to Legislation Act 2012
59: Principal Act
This Part amends the Legislation Act 2012 principal Act OIC LI 2018/227 2018-12-30 Legislation Act 2012
60: Section 3 amended (Purposes)
After section 3(e)
ea: to provide for the publishing, to help meet international transparency obligations, of copies of and links to certain subordinate legislation:
61: Section 4 amended (Interpretation)
1: In section 4 legislative instrument this Act Part 2
2: In section 4 reprint this Act Part 2
62: Section 13 amended (Complying with requirement to publish or notify in
Gazette
1: In the heading to section 13 Act Part
2: In section 13(2) Act Part
63: New Part 2A inserted
After Part 2
2A: Publishing, for international transparency, of copies of and links to certain subordinate legislation
Purpose, overview, and definitions
36A: Purpose of this Part
The purpose of this Part is to help New Zealand meet its international transparency obligations.
36B: Overview of this Part
1: This Part applies to instruments if—
a: they are made under an enactment by a Minister of the Crown or a central government entity, and have a significant legislative effect; and
b: they are not published (under Part 2) as, or as if they were, legislative instruments; and
c: publication under this Part of copies of them, and links to them, would help New Zealand meet its international transparency obligations.
2: This Part—
a: requires copies of the instruments to be published on the maker’s website
b: requires to be in or with the copies, as so published, all the details necessary or desirable for meeting all applicable international transparency obligations; and
c: requires links to them, as so published, to be forwarded to the Chief Parliamentary Counsel, and published on the central website
3: This section is only a general guide to this Part.
36C: Instrument, and other terms, defined
1: Instrument
a: that is made under an enactment by a Minister of the Crown or a central government entity (even if the Minister or entity is performing a statutorily independent function); and
b: that has, or a portion of which has, under section 39 (read with the related sections 37 and 40), a significant legislative effect; and
c: that is related to international transparency obligations (because the publishing under this Part of copies of and links to the instrument would help meet those obligations); and
d: that is not, and is not an instrument published (under section 14, or another enactment) as if it were, a legislative instrument.
2: In this Part, unless the context otherwise requires,— central government entity
a: a government department named in Schedule 1 of the State Sector Act 1988, including any departmental agency that, under section 27A and Schedule 1A of that Act, is part of that department:
b: a Crown entity (as defined in section 7(1) of the Crown Entities Act 2004, but excluding a school board of trustees and a tertiary education institution):
c: the Reserve Bank of New Zealand:
d: any other instrument of the Crown prescribed, for the purposes of this paragraph, by an order made under subsection (3) central website details international transparency obligations
a: under paragraph 5 of Article 26.2 (publication) of Chapter 26 (transparency and anti-corruption) of the Trans-Pacific Partnership Agreement done at Auckland on 4 February 2016; or
b: under that provision as incorporated into the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, done at Santiago, Chile, on 8 March 2018, by Article 1.1 of that agreement links maker maker’s website published and made available
3: The Governor-General may, by Order in Council, prescribe any other instrument of the Crown for the purposes of paragraph (d) of the definition of central government entity in subsection (2). Duty to publish and make available copies on maker’s website
36D: Maker
1: This section applies to an instrument—
a: made after the commencement of Part 5 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018
b: unless an enactment other than this section requires a copy of the instrument to be published and made available on the maker’s website
2: The maker maker’s website Duty to ensure details are in or with copies as on maker’s website
36E: Maker
1: This section applies to an instrument—
a: made after the commencement of Part 5 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018
b: a copy of which is published and made available on the maker’s website
2: The maker maker’s website
3: However, details of an instrument are taken to be in or with a copy of the instrument as published and made available on the maker’s website
a: the instrument amends (without also replacing wholly) a principal instrument; and
b: the details relate to the amendments the instrument makes to the principal instrument; and
c: the details are in or with a compilation of the principal instrument published and made available on the maker’s website
4: The Chief Parliamentary Counsel must give all or any makers
5: A direction given under this section—
a: must as soon as practicable be published and made available on the central website
b: is not a legislative instrument, or a disallowable instrument, for the purposes of this Act, and does not have to be presented to the House of Representatives under section 41.
6: The maker maker’s website Links to be forwarded and made available on central website
36F: Links to be forwarded as directed
1: This section applies to an instrument—
a: made after the commencement of Part 5 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018
b: a copy of which is published and made available on the maker’s website
2: The maker
3: The Chief Parliamentary Counsel must give all or any makers
4: A direction given under this section—
a: must as soon as practicable be published and made available on the central website
b: is not a legislative instrument, or a disallowable instrument, for the purposes of this Act, and does not have to be presented to the House of Representatives under section 41.
36G: Links forwarded and other instruments must be published and made available
The Chief Parliamentary Counsel must ensure that the following are as soon as practicable published and made available on the central website:
a: links forwarded under section 36F
b: legislative instruments published under section 6 section 14 Section 63 amended 26 October 2018 section 12(1) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 Section 63 amended 26 October 2018 section 12(2) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 Section 63 amended 26 October 2018 section 12(3) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 Section 63 amended 26 October 2018 section 12(4) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 Section 63 amended 26 October 2018 section 12(5) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 Section 63 amended 26 October 2018 section 12(6) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 Section 63 amended 26 October 2018 section 12(7) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 Section 63 amended 26 October 2018 section 12(8) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 Section 63 amended 26 October 2018 section 12(9) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 Section 63 amended 26 October 2018 section 12(10) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 Section 63 amended 26 October 2018 section 12(11) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 Section 63 amended 26 October 2018 section 12(12) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 Section 63 amended 26 October 2018 section 12(13) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 Section 63 amended 26 October 2018 section 12(14) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 Section 63 amended 26 October 2018 section 12(15) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 Section 63 amended 26 October 2018 section 12(16) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 Section 63 amended 26 October 2018 section 12(17) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 Section 63 amended 26 October 2018 section 12(18) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 Section 63 amended 26 October 2018 section 12(19) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 Section 63 amended 26 October 2018 section 12(20) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 Section 63 amended 26 October 2018 section 12(21) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 Section 63 amended 26 October 2018 section 12(22) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 Section 63 amended 26 October 2018 section 12(23) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 Section 63 amended 26 October 2018 section 12(24) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018
64: Section 59 amended (Functions of PCO)
1: After section 59(1)﻿(f)
fa: to arrange for the publication, to help meet international transparency obligations, of copies of and links to certain subordinate legislation (as provided in Part 2A
2: In section 59(2)﻿(c) this Act Part 2
65: Schedule 2 amended
In Schedule 2 The following table is small in size and has 2 columns. This table amends Schedule 2 of the Legislation Act 2012 and should be read with that table to provide understanding of the context. Copyright Act 1994 234(1)﻿(qa) and (qb)
6: Amendments to Overseas Investment Act 2005
66: Principal Act
This Part amends the Overseas Investment Act 2005 principal Act OIC LI 2018/227 2018-12-30 Overseas Investment Act 2005
67: New section 8A inserted (Transitional, savings, and related provisions)
Section 67 repealed 22 October 2018 section 51(2) Overseas Investment Amendment Act 2018
68: Section 13 amended (What are overseas investments in significant business assets)
In section 13(1)﻿(a)﻿(ii) $100 million or an alternative monetary threshold that applies in accordance with regulations made under section 61A
68A: Section 61 amended (Regulations)
In section 61(1)﻿(i) section 46(4) either or both of overseas investments in sensitive land and overseas investments in significant business assets overseas investments in sensitive land Section 68A inserted 26 October 2018 section 13 Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018
69: New section 61A inserted (Regulations regarding alternative monetary thresholds for overseas investments in significant business assets)
After section 61
61A: Regulations regarding alternative monetary thresholds for overseas investments in significant business assets
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations in order to implement obligations in all or any of the following international agreements in respect of certain overseas investments in New Zealand in significant business assets by certain investors:
aaa: the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, done at Santiago, Chile, on 8 March 2018:
a: the Trans-Pacific Partnership Agreement done at Auckland on 4 February 2016:
b: the Free Trade Agreement between New Zealand and the Republic of Korea done at Seoul on 23 March 2015:
c: the Agreement between New Zealand and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu on Economic Cooperation done at Wellington on 10 July 2013:
d: the Protocol on Investment to the New Zealand–Australia Closer Economic Relations Trade Agreement done at Wellington on 16 February 2011:
e: the New Zealand–Hong Kong, China Closer Economic Partnership Agreement done at Hong Kong on 29 March 2010:
f: the Free Trade Agreement between the Government of New Zealand and the Government of the People's Republic of China done at Beijing on 7 April 2008:
g: the Trans-Pacific Strategic Economic Partnership Agreement, done at Wellington on 18 July 2005.
2: Regulations made under subsection (1)
3: The Minister must be satisfied, before making a recommendation under this section, that the regulations do not provide for an alternative monetary threshold that is higher than the amount provided for in the relevant international agreement referred to in subsection (1)
4: Regulations made under subsection (1)
5: Regulations made under subsection (1) may be made only to implement obligations in an international agreement that has entered into force for New Zealand. Section 69 amended 26 October 2018 section 14(1) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 Section 69 amended 26 October 2018 section 14(2) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 Section 69 amended 26 October 2018 section 14(3) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018
70: Schedule 1AA amended
In Schedule 1AA Schedule 3 Section 70 replaced 22 October 2018 section 51(3) Overseas Investment Amendment Act 2018
7: Amendments to Patents Act 2013
71: Principal Act
This Part amends the Patents Act 2013 principal Act OIC Patents Act 2013 Excluding sections 71 and 72, and section 77 (only for as it applies to bringing into force the Part 2 heading and clause 4 of Schedule 1AA, which commence on 30 December 2018). OIC LI 2018/227 2018-12-30 Patents Act 2013 Sections 71 and 72, and section 77 (only for the purpose of bringing into force the Part 2 heading and clause 4 of Schedule 1AA).
72: Section 9 amended (Disclosure to be disregarded in certain circumstances)
After section 9(1)﻿(e)
f: that disclosure occurred during the 1-year period immediately preceding the patent date and the disclosure was made by any of the following persons:
i: the patentee or nominated person:
ii: any person from whom the patentee or nominated person derives title:
iii: any person with the consent of the patentee or nominated person:
iv: any person with the consent of any person from whom the patentee or nominated person derives title.
73: Section 20 amended (Term of patent)
After section 20(3)
4: See subpart 10A
74: Section 110 amended (Renewal fees for patents of addition)
In section 110(2) or 111O(3)﻿(b)
75: New subpart 10A of Part 3 inserted
In Part 3, after subpart 10
10A: Extension of term
Extension of term if unreasonable delay in granting patent
111A: Requests for extension of patent if delay in granting patent
1: A patentee may, in the prescribed manner, request an extension of the term of the patent if the patent is granted—
a: more than 5 years after the patent date; and
b: more than 3 years after the date on which the request for examination is made under section 64. Example
A convention application is made on 1 December 2025, the request for examination is made on 1 April 2029, and the patent is granted on 1 October 2031 with a patent date of 1 December 2025. No request for extension can be made because, although more than 5 years have passed since the patent date, the time between the request for examination and the grant of the patent is less than 3 years.
2: The request may be made only—
a: during the term of the patent; and
b: within the prescribed time limit.
111B: Grant of extension of patent on ground of unreasonable delay in granting patent
1: The Commissioner must grant an extension of the term of a patent if the Commissioner is satisfied that—
a: period A exceeds 5 years, where period A subsection (2)
b: period B exceeds 3 years, where period B subsection (2)
2: The Commissioner must disregard and subtract the following:
a: periods of time that are outside the direction or control of the Commissioner; and
b: periods of time that are attributable to acts or omissions of all or any of the following:
i: the applicant:
ii: a person who opposes a proposed amendment to a complete specification after acceptance of the complete specification under section 87:
iii: a person who makes an assertion under section 90:
iv: a person who opposes the grant of a patent under section 92:
v: a person who requests re-examination under section 94:
vi: a person who opposes the restoration of a void or an abandoned patent application under section 127:
vii: a person (other than the Commissioner) who initiates a hearing under section 208:
viii: a person (other than the Commissioner) who makes an appeal to the court or the Court of Appeal or the Supreme Court:
ix: an agent of any of the persons referred to in subparagraphs (i) to (viii)
c: periods of time that are attributable to directions in force under section 132.
3: The Governor-General may, by Order in Council, make regulations specifying periods of time, not inconsistent with subsection (2)
4: The term of the extension granted must be equal to the period that the Commissioner determines to be the shortest of the following periods:
a: the period by which period A exceeds 5 years:
b: the period by which period B exceeds 3 years:
c: 2 years.
5: Regulations under subsection (3) are secondary legislation ( see Part 3 of the Legislation Act 2019 Example
A patent application is made on 1 December 2025, the complete specification is filed on 1 April 2026, the request for examination is made on 1 April 2029, and the patent is granted following opposition proceedings under section 92 on 1 October 2033 with a patent date of 1 April 2026. A request for extension can be made because the time between the patent date and the grant of the patent is more than 5 years and the time between the request for examination and the grant of the patent is more than 3 years. Six months of the process were attributable to the periods of time that are attributable to acts or omissions of the applicant in responding to examination reports under section 67. One year of the process was taken up with opposition to the grant of the patent. Of this, 6 months were attributable to acts or omissions of a person opposing the grant (including the time taken by the opponent to file a notice of opposition and to file evidence) and to acts or omissions of the patent applicant (including the time taken by the applicant to file a counter-statement and to file evidence). The other 6 months of the opposition (including the time waiting for the opposition hearing and for the opposition decision) are not disregarded time. The term of the extension is 0.5 years, calculated as the shortest of the following periods: 1.5 years, being the period by which 6.5 years (7.5-year interval between 1 April 2026 and 1 October 2033 minus 1 year) exceeds 5 years: 0.5 years, being the period by which 3.5 years (4.5-year interval between 1 April 2029 and 1 October 2033 minus 1 year) exceeds 3 years: 2 years. Patents Act 1994 s 36A (Singapore); Patents Rules 1995 r 51A (Singapore) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Extension of term of patents relating to pharmaceutical substances
111C: Interpretation for sections 111C to 111O
In this section and sections 111D to 111O biologic marketing approval Gazette Gazette marketing approval application marketing approval process Gazette pharmaceutical substance
a: a chemical interaction, or physico-chemical interaction, with a human physiological system; or
b: action on an infectious agent, or on a toxin or other poison, in a human body,— but does not include a substance that is solely for use in in vitro in vitro Regulator therapeutic use
a: preventing, diagnosing, curing, or alleviating a disease, ailment, defect, or injury in persons; or
b: influencing, inhibiting, or modifying a physiological process in persons; or
c: testing the susceptibility of persons to a disease or ailment unreasonable curtailment section 111F(1) Patents Act 1990 s 70, Schedule 1 (Aust)
111D: Requests for extension of patent if unreasonable curtailment of effective patent term as result of marketing approval process
1: A patentee may, in the prescribed manner, request an extension of the term of the patent if—
a: 1 or more pharmaceutical substances per se
b: the patentee made a marketing approval application to distribute a product containing or consisting of a substance or biologic that is one of those referred to in paragraph (a)
c: that marketing approval is the first marketing approval for a product that contains or consists of any of the substances or biologics referred to in paragraph (a)
d: the term of the patent has not been previously extended under section 111E Example
Company D is the owner of a patent for an invention that is a pharmaceutical substance per se Company D makes 3 applications for marketing approval on the same date: 1 for a product that contains substance A, 1 for a product that contains substance B, and 1 for a product that consists of substance C. The Regulator grants marketing approval first for the product that contains substance B. Company D can request an extension under this section for unreasonable curtailment of effective patent term as a result of the first marketing approval process for the invention, that is, for the product that contains substance B. The Commissioner cannot consider a request for extension of patent term that nominates substances A or C.
2: The request may be made only—
a: during the term of the patent; and
b: within the prescribed time limit; and
c: if a certificate from the Regulator for the purpose of section 111F(2) Patents Act 1990 ss 70, 71 (Aust)
111E: Grant of extension of patent on ground of unreasonable curtailment of effective patent term as result of marketing approval process
The Commissioner must grant an extension of the term of a patent if the Commissioner is satisfied, on the balance of probabilities, that—
a: there has been an unreasonable curtailment of the effective patent term as a result of the marketing approval process; and
b: the requirements of section 111D
c: there is no opposition to the grant or, in spite of opposition, the Commissioner's decision, or the decision on appeal, is that the extension should be granted. Patents Act 1990 ss 74, 76 (Aust)
111F: What is unreasonable curtailment
1: In sections 111D to 111I unreasonable curtailment
a: the marketing approval is obtained after the date on which the patent is granted; and
b: period A exceeds 5 years in the case of a biologic and 3 years in the case of any other pharmaceutical substance, where period A Gazette subsection (2)
2: In making calculations under subsection (1)﻿(b) section 111G(b)
3: The Commissioner must rely on, and must not inquire into the accuracy of, the statements contained in the certificate. Example
An application for marketing approval is made in respect of a higher risk medicine on 1 April 2030 and marketing approval is notified 783 days later. That 783-day period is made up of 280 days taken by the applicant in responding to requests for information by the Regulator plus 503 days taken by the Regulator to process the application. There is no unreasonable curtailment, and a request for extension of patent term cannot be made because, if the application relates to a biologic, 503 days is less than 5 years and, if the application does not relate to a biologic, 503 days is less than 3 years. Patents Act 1994 s 36A (Singapore); Patents Rules 1995 r 51A (Singapore)
111G: Calculation of term of extension
The term of an extension granted under section 111E
a: the period equivalent to the interval between the date of grant of the patent and the date on which the marketing approval is notified in the Gazette
b: the period by which period A in section 111F(1)﻿(b)
c: 2 years. Example
A convention application for a pharmaceutical substance other than a biologic is made on 1 April 2026, the request for examination is made on 1 April 2029, the application for marketing approval is made on 1 April 2030, the patent is granted on 1 October 2030 with a patent date of 1 April 2026 (so the patent term will expire on 1 April 2046), and marketing approval is notified on 1 April 2036. Two years of the marketing approval process is taken by the applicant in responding to requests for information by the Regulator. The term of the extension is 1 year, calculated as the shortest of the following periods: 5.5 years, being 1 October 2030 to 1 April 2036: 1 year, being the period by which 4 years (6-year interval between 1 April 2030 and 1 April 2036 minus 2 years) exceeds 3 years: 2 years. Patents Rules 1995 r 51A(8) (Singapore); Patents Act 1990 s 77 (Aust)
111H: Opposition to extension on ground of unreasonable curtailment of effective patent term as result of marketing approval process
1: Any person may, in the prescribed manner (if any), oppose the extension of the term of a patent under section 111E sections 111D to 111F
2: The Commissioner must notify the person who requested the extension if a person has given notice under subsection (1)
3: The Commissioner must publish in the journal that a person has given notice under subsection (1)
4: The Commissioner must give the person who requested the extension and the opponent a reasonable opportunity to be heard before the Commissioner decides the case. Patents Act 1990 s 75 (Aust)
111I: Exclusive rights of patentee are limited if extension granted on ground of unreasonable curtailment
It is not an infringement of the patent for a person to do either or both of the following during the term of a patent extension under section 111E
a: exploit any form of the invention for a purpose other than a therapeutic use:
b: exploit any form of the invention for a therapeutic use other than the use for which the marketing approval referred to in section 111D(1)﻿(c) Patents Act 1990 s 78 (Aust) General provisions about all extensions of term under this subpart
111J: Notification and public inspection of request for extension
If a patentee makes a request for an extension of the term of a patent under this subpart, the Commissioner must enter the request in the patents register and publish in the journal a notice stating that the request has been made and is open to public inspection. Patents Act 1990 s 72 (Aust)
111K: Notification of grant or refusal of request for extension
1: If the Commissioner grants an extension of the term of a patent under this subpart, the Commissioner must give notice of the grant to the person who made the request, enter the extension in the patents register, and publish a notice of the extension in the journal.
2: If the Commissioner refuses to grant an extension under this subpart, the Commissioner must give notice of the refusal to the person who made the request, enter the refusal in the patents register, and publish a notice of the refusal in the journal. Patents Act 1990 s 74(2), (4) (Aust)
111L: Withdrawal of request for extension
1: A patentee who has requested an extension of the term of a patent under this subpart may withdraw the request in the prescribed manner.
2: If a request is withdrawn, the Commissioner must enter the withdrawal in the patents register and publish in the journal a notice stating that the request has been withdrawn. Patents Act 1990 s 73 (Aust)
111M: Rights of patentee if extension granted after patent expires
1: This section applies if—
a: a patentee requests an extension of the term of a patent under this subpart; and
b: the extension is granted after the term of the patent expires.
2: The patentee has, after the extension is granted, the same rights to start proceedings in respect of the doing of an act during the period specified in subsection (3)
3: The period is the period that commences on the expiry of the term of the patent and that ends on the day on which the extension was granted or the day on which the patent extension expires, whichever is the earlier. Patents Act 1990 s 79 (Aust)
111N: Commissioner not to make decision if certain proceedings pending
1: This section applies if—
a: a patentee of a patent applies for an extension of the term of the patent under this subpart; and
b: any of the following applies in relation to the patent:
i: relevant proceedings are pending; or
ii: a re-examination has been requested, directed, or otherwise commenced under section 95; or
iii: an application has been made to the Commissioner under section 112 to revoke the patent.
2: The Commissioner must not make any decision under this subpart in relation to the patent—
a: without the leave of the court, if relevant proceedings are pending; or
b: before the Commissioner has made a decision on whether to revoke the patent in whole or in part under section 99, if subsection (1)﻿(b)﻿(ii)
c: before the Commissioner has made a decision on the application for revocation of the patent made under section 112, if subsection (1)﻿(b)﻿(iii) Patents Act 1990 s 79A (Aust)
111O: Term of patent of addition
1: Despite section 109(1), the extension under this subpart of the term of a patent for the main invention does not automatically extend the term of a patent of addition.
2: The term of a patent of addition may be extended under this subpart, even if the patent for the main invention is not extended under this subpart.
3: If the term of a patent of addition is extended under this subpart,—
a: the extension begins at the end of the unextended term of the patent for the main invention; and
b: when the extension begins, the patent of addition becomes an independent patent.
4: If—
a: the term of the patent for the main invention is extended under this subpart; and
b: the term of the patent of addition is not extended under this subpart,— the term of the patent of addition expires at the end of the unextended term of the patent for the main invention. Patents Act 1990 s 83(2)–(4) (Aust) Section 75 amended 28 October 2021 section 3 Secondary Legislation Act 2021
76: New section 146A inserted (Other instances of no infringement)
After section 146
146A: Other instances of no infringement
See also section 111I
77: Schedule 1AA amended
In Schedule 1AA Part 1 section 6
2: Transitional and savings provisions arising from Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018
4: New 1-year grace period applies only to public disclosures that occur on or after commencement
Section 9(1)﻿(f) section 72 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018
5: Sections 111A and 111B apply only if patent date is on or after commencement
Sections 111A and 111B section 75 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018
6: Sections 111C to 111G apply only if marketing approval application is made on or after commencement
Sections 111C to 111G section 75 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Section 77 amended 26 October 2018 section 15(1) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 Section 77 amended 26 October 2018 section 15(2) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 Section 77 amended 26 October 2018 section 15(3) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 Section 77 amended 26 October 2018 section 15(4) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018
8: Amendments to Tariff Act 1988
78: Principal Act
This Part amends the Tariff Act 1988 principal Act OIC LI 2018/227 2018-12-30 Tariff Act 1988
79: Section 2 amended (Interpretation)
In section 2(1) CPTPP specified CPTPP party section 7A(1)﻿(baa) specified TPP party section 7A(1)﻿(ba) TPP Section 79 amended 26 October 2018 section 16 Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018
80: Section 3 amended (The Tariff)
1: In section 3(1) with a transitional safeguard measure , an emergency action measure,
2: After section 3(3)
4: In this section, transitional safeguard measure emergency action measure provisional transitional safeguard measure section 15A
81: Section 7A amended (Orders in Council about preferential countries)
1: After section 7A(1)﻿(b)
baa: declare a country that is a party to the CPTPP to be a specified CPTPP party for the purposes of this Act:
ba: declare a country that is a party to the TPP to be a specified TPP party for the purposes of this Act:
2: In section 7A(3) specified TPA party , a specified CPTPP party, a specified TPP party, Section 81(1) amended 26 October 2018 section 17(1) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 Section 81(2) replaced 26 October 2018 section 17(2) Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018
82: Section 15A amended (Interpretation)
1: In section 15A free trade agreement
e: the Republic of Korea FTA; or
f: the CPTPP; or
g: the TPP
2: In section 15A emergency action investigation section 15B(1A) emergency action measure section 15F transitional safeguard investigation Section 82(1) amended 26 October 2018 section 18 Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018
83: Section 15B amended (Chief executive may undertake transitional safeguard investigation)
1: In the heading to section 15B safeguard or emergency action
2: After section 15B(1)
1A: The chief executive may undertake an emergency action investigation to ascertain whether textile or apparel goods that have been subject to tariff reduction or removal after the entry into force of the CPTPP or the TPP
a: are being imported in increased quantities (in absolute terms or relative to the domestic market); and
b: are causing, or threatening to cause, serious damage to an industry producing a like or directly competitive good.
3: In section 15B(2)
a: after safeguard investigation or an emergency action investigation
b: after safeguard measure or an emergency action measure Section 83(2) amended 26 October 2018 section 19 Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018
84: Section 15C amended (Investigative procedures)
1: In section 15C(1)
a: after safeguard investigation or emergency action investigation
b: replace transitional safeguard investigations the investigation
2: In section 15C(1)﻿(b)﻿(i) the investigation , which must, in the case of an emergency action investigation, include the criteria for a finding of serious damage or a threat of serious damage
85: Section 15D amended (Matters to be taken into account by chief executive)
1: In section 15D section 15B section 15B(1)
2: In section 15D
2: When the chief executive is investigating, for the purposes of section 15B(1A)
a: must evaluate the following matters:
i: the rate and amount of the increase in the volume of imports of the goods, in absolute terms or relative to the domestic market; and
ii: the economic impact of the increased importation of the goods on the industry, including changes in output, market share, profits, productivity, employment, utilisation of capacity, inventories, exports, wages, domestic prices, and investment; and
iii: factors other than the imports that have damaged, or are damaging, the industry; and
iv: any other factors considered relevant to New Zealand’s international obligations; but
b: must not consider changes in technology or consumer preference in New Zealand as factors supporting a determination that importation of textile or apparel goods subject to tariff reduction or removal is causing or threatens to cause serious damage to an industry.
86: Section 15F amended (Application of transitional safeguard measure)
1: In the heading to section 15F safeguard or emergency action
2: After section 15F(1)
1A: The Minister may decide to apply an emergency action measure if he or she makes a determination, as a result of the investigation by the chief executive under section 15B, that textile or apparel goods—
a: are being imported in increased quantities (in absolute terms or relative to the domestic market); and
b: are causing, or threatening to cause, serious damage to an industry producing a like or directly competitive good.
3: In section 15F(2) transitional safeguard or emergency action
4: In section 15F(2)﻿(b) subsection (1) subsection (1) or (1A)
5: In section 15F(3) transitional safeguard or emergency action
6: After section 15F(4)﻿(a)
aa: any emergency action measure is applied only to the extent necessary to prevent or remedy serious damage and facilitate adjustment; and
7: In section 15F(4)﻿(b) to (d) transitional safeguard or emergency action
8: After section 15F(6)
7: If the Minister applies an emergency action measure under this section, the chief executive must, in respect of each year or part of a year that the measure remains in force, provide a report to the affected CPTPP or TPP party, as the case may be, Section 86(8) amended 26 October 2018 section 20 Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018
87: Section 15G amended (Extension of transitional safeguard measure)
1: In the heading to section 15G safeguard or emergency action
2: In section 15G transitional safeguard or emergency action
88: Section 15H amended (Provisional transitional safeguard measure)
After section 15H(7)
8: No provisional transitional safeguard measure may be applied under the CPTPP or the TPP Section 88 amended 26 October 2018 section 21 Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018
9: Amendments to the Tariff
89: Tariff amended
This Part, in accordance with section 9F(1)
90: Tariff, note 2 amended
1: In the notes to the Tariff, note 2, penultimate paragraph, after TPA , TPP
2: In the notes to the Tariff, note 2, penultimate paragraph, after CN , CPT Section 90(2) inserted 26 October 2018 section 22 Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018
91: Tariff, note 3 amended
1: In the notes to the Tariff, note 3, after the item relating to a country that is a specified TPA party, insert: The following table is small in size and has 2 columns. This table amends note 3 of the Tariff and should be read with that table to provide understanding of the context. Country that is a specified TPP party TPP
2: In the notes to the Tariff, note 3, after the item relating to China, insert: The following table is small in size and has 2 columns. This table amends note 3 of the Tariff and should be read with that table to provide understanding of the context. Country that is a specified CPTPP party CPT Section 91(2) inserted 26 October 2018 section 23 Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018
10: Amendments to Trade Marks Act 2002
92: Principal Act
This Part amends the Trade Marks Act 2002 principal Act OIC LI 2018/227 2018-12-30 Trade Marks Act 2002
93: Section 106 amended (Types of relief available for infringement of registered trade mark)
In section 106
2: If an application is made to the court for relief, the court may grant such additional damages as the justice of the case requires, having regard to all the circumstances and, in particular, to—
a: the flagrancy of the infringement; and
b: any benefit accruing to the defendant by reason of the infringement.
94: Section 108 amended (Order for erasure, etc, of offending sign)
After section 108(2)
3: Despite subsections (1) and (2), if any infringing goods are counterfeit goods (as defined in section 135), the court must, unless the court is satisfied that there are exceptional circumstances, make an order that requires the person who has infringed to—
a: destroy the goods; or
b: deliver the goods to any person the court may direct (being a person who will destroy the goods).
95: Section 135 amended (Interpretation)
In section 135 counterfeit goods
a: that is identical with the registered trade mark and that is used in relation to any goods in respect of which the trade mark is registered; or
b: that is similar to the registered trade mark and that is used in relation to any goods in respect of which the trade mark is registered, if use of the sign would be likely to deceive exporter importer specified goods
96: New sections 135A and 135B and cross-heading inserted
After section 135 Detention of goods suspected of bearing infringing sign
135A: Detention of goods suspected of bearing infringing sign
1: Any goods in the control of the Customs may be detained in the custody of the chief executive or a Customs officer if a Customs officer has reasonable cause to suspect that the goods are goods on or in physical relation to which an infringing sign is used.
2: The chief executive must, as soon as is reasonably practicable after the goods are detained, take reasonable steps to notify the detention to—
a: the owner of the trade mark (to enable that person to consider whether to give a notice under section 137
b: the importer or exporter from whom the goods have been detained, if that person is identified but was not present when the detention took place.
3: The detention of any goods under subsection (1) subsection (2)﻿(a) or (b)
135B: Release of goods
1: The goods are no longer detained under section 135A(1)
a: no notice under section 137 section 135A(2)﻿(a)
b: a notice under section 137 section 135A(2)﻿(a)
i: the notice given under section 137 is subsequently accepted under section 139 and the goods are subsequently detained under section 149; or
ii: the notice given under section 137 is subsequently declined under section 139; or
c: the chief executive considers that it is not reasonably practicable for notice to be given under section 135A(2)﻿(a)
d: the chief executive considers that there is no longer a reason to detain the goods.
2: The chief executive must release any goods no longer detained under section 135A(1)
3: However, the chief executive may release goods under subsection (2)
a: every legal requirement as to the importation or exportation of the goods is satisfied; and
b: every requirement made under any regulations that require the deposit of a security is satisfied; and
c: the release of the goods is not contrary to law.
97: Section 142 replaced (Application of sections 143 to 146)
Replace section 142
142: Application of sections 143 to 146
Sections 143 to 146 apply only to specified goods.
98: Section 143 amended (Determination to conduct investigation)
In section 143(b) imported
99: Section 149 amended (Detention of goods bearing infringing sign)
1: In section 149(1) any imported goods any goods
2: Replace section 149(1)﻿(c)
c: any proceedings under section 153 in respect of those goods (including any appeal) are determined by a decision that the goods are not specified goods on or in physical relation to which an infringing sign is used; or
3: In section 149(1)﻿(e) consignee exporter
100: Section 150 amended (When detained goods may be released)
In section 150(a) importation or exportation
101: Section 151 amended (Forfeiture of goods by consent)
In section 151(1) consignee exporter
102: Section 153 amended (Proceedings to determine whether goods bear infringing sign)
Replace section 153(1)
1: The court may, on an application by any person, decide whether goods to which a determination under section 146 relates are specified goods on or in physical relation to which an infringing sign is used.
103: Section 154 amended (Powers of court)
1: In section 154(1) goods on or in physical relation to which an infringing sign is used, that have been imported other than for private and domestic use specified goods on or in physical relation to which an infringing sign is used
2: After section 154(3)
3A: Despite subsections (1) to (3), if the goods are counterfeit goods, the court must, unless the court is satisfied that there are exceptional circumstances, make an order that the goods be—
a: destroyed; or
b: delivered to any person the court may direct (being a person who will destroy the goods).
3: Replace section 154(4)
4: If, in proceedings under section 153
104: Section 157 amended (Protection of persons acting under authority of Act)
In section 157(1) sections 146 to 156 sections 135A, 135B
11: Amendments to Wine Regulations 2006
105: Principal regulations
This Part amends the Wine Regulations 2006 principal regulations OIC LI 2018/227 2018-12-30 Wine Regulations 2006
106: New regulation 8A inserted (Labelling of grape ice wine for export)
After regulation 8
8A: Labelling of grape ice wine for export
1: After the expiry of the transitional period, no person may export grape wine that is labelled as Icewine, ice wine, ice-wine, or a similar variation of those terms unless the grape wine is made exclusively from grapes naturally frozen on the vine.
2: In subclause (1), transitional period section 106 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Section 106 replaced 26 October 2018 section 24 Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018
107: Regulation 18 amended (Offences)
1: In regulation 18(1) 8(1), 8A,
2: In regulation 18(2) 8, 8A,