Document ID: chunk:federal_register_of_legislation:F2024C01007:reg:38
Version: federal_register_of_legislation:F2024C01007
Segment Type: reg
Provision Reference: reg 38
Character Range: 43333–45556

38  Exemption of aircraft and spare parts from seizure on patent claims
 (1) The lawful entry into Australian territory, or the lawful transit across Australian territory, with or without landings, of an aircraft in relation to which this section applies is not to entail:
 (a) the seizure or detention of the aircraft; or
 (b) the bringing of proceedings against the owner or operator of the aircraft; or
 (c) any other interference with the aircraft;
by or on behalf of the Commonwealth, or any person in Australian territory, on the ground that the construction, mechanism or operation of the aircraft is, or the parts or accessories of the aircraft are, an infringement of Letters Patent granted in Australian territory.
 (2) The importation into, and storage in, Australian territory of spare parts and spare equipment for an aircraft in relation to which this section applies, and the use and installation of those spare parts and spare equipment, is not to entail:
 (a) the seizure or detention of the aircraft or of the spare parts or spare equipment; or
 (b) the bringing of proceedings against the owner or operator of the aircraft or against the owner of the spare parts or spare equipment; or
 (c) any other interference with the aircraft or with the spare parts or spare equipment;
by or on behalf of the Commonwealth, or any person in Australian territory, on the ground that the spare parts or the spare equipment are, or their installation is, an infringement of Letters Patent granted in Australian territory.
 (3) Subsection (2) does not apply in relation to spare parts or spare equipment which are sold or distributed in Australian territory or are exported from Australian territory for sale or distribution.
 (4) This section applies in relation to aircraft registered in a country or territory:
 (a) which is a party to the Paris Convention for the Protection of Industrial Property of 20 March 1883 as amended; or
 (b) in which there are in force laws protecting inventions made by Australian citizens.
Note: The Convention is in Australian Treaty Series 1972 No. 12 ([1972] ATS 12) and could in 2016 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).