Document ID: chunk:federal_register_of_legislation:C2004A02420:body:0:p17
Version: federal_register_of_legislation:C2004A02420
Segment Type: other
Provision Reference: 
Character Range: 39143–41712

of the Principal Act are repealed and the following Parts substituted:

"PART VIa—THE CROWN

Interpretation
"40. (1) In this Part, 'State' includes the Northern Territory.
"(2) In this Part, a reference to the Commonwealth shall be read as including a reference to an authority of the Commonwealth and a reference to a State shall be read as including a reference to an authority of a State.
"(3) This Part applies in relation to the Administration of Norfolk Island as if that Administration were a State.

Use of designs for services of the Commonwealth or a State
"40a. (1) At any time after an application for registration of a design has been lodged or a design has been registered, the Commonwealth or a State, or a person authorized in writing by the Commonwealth or a State, may make use of the design for the services of the Commonwealth or State.
"(2) An authority under sub-section (1)—
      (a) may be given either before or after the registration of the design;
      (b) may relate to, and authorize retrospectively the doing of, acts done after the lodging of the application for the registration of the design and before the giving of the authority; and
      (c) may be given to a person notwithstanding that he is authorized directly or indirectly by the owner of the design to make use of the design.
"(3) Where a design has been made use of under sub-section (1), the Commonwealth or State, unless it appears to the Commonwealth or State that it would be contrary to the public interest to do so, shall inform the owner as soon as possible of the fact and furnish him with such information as to the use made of the design as he from time to time reasonably requires.
"(4) Where a design is made use of under sub-section (1), the terms for that use of the design are such terms as are, whether before or after that use, agreed upon between the Commonwealth or the State and the owner of the design or, in default of agreement, as are fixed by a prescribed court.
"(5) The prescribed court may, in fixing those terms, take into consideration compensation that a person interested in the design has received, directly or indirectly, from the Commonwealth or State in respect of the design.
"(6) An agreement or licence (whether made or given before or after the commencement of this Part) fixing the terms upon which a person other than the Commonwealth or a State may make use of a design is inoperative with respect to the making use of the design, after the commencement of this Part, under sub-section (1), unless the agreement has been approved