Document ID: chunk:federal_register_of_legislation:C2004A04141:body:0:p2
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Patents Act 1990 are taken to commence, or to have commenced, immediately after the commencement of the Patents Act 1990.

             PART 2—AMENDMENT OF THE INDUSTRY RESEARCH AND DEVELOPMENT ACT 1986

Principal Act

3. In this Part, "Principal Act" means the Industry Research and Development Act 19861.

Interpretation

  4. Section 4 of the Principal Act is amended:

    (a)     by omitting "or" from the end of paragraph (b) of the definition of "agreement under this Act" in subsection (1);

    (b)    by adding at the end of the definition of "agreement under this Act" in subsection (1) the following word and paragraph:

           "or (d) a national procurement development program agreement;";

    (c)     by omitting "or" from the end of paragraph (b) of the definition of "application" in subsection (1);

    (d)    by adding at the end of the definition of "application" in subsection (1) the following word and paragraph:

             "or (d) an application for a national procurement development program agreement;";

    (e)     by omitting "or" from the end of paragraph (b) of the definition of "subsidy" in subsection (1);

    (f)      by omitting "agreement." from paragraph (c) of the definition of "subsidy" in subsection (1) and substituting "agreement; or";

    (g)     by adding at the end of the definition of "subsidy" in subsection (1) the following paragraph:

          "(d) a payment by the Commonwealth under a national procurement development program agreement.";

  (h) by inserting in subsection (1) the following definitions:

     " 'Australian government body' means:

         (a)     the Commonwealth, a State or a Territory; or

           (b)     an authority of the Commonwealth, of a State or of a Territory; or

           (c)     an incorporated company in which an entity covered by paragraph (a) or (b) has a controlling interest;

     'Australian government contractor' means a person who performs services, otherwise than as an employee, under contract for one or more Australian government bodies;

     'corporate researcher' means a researcher other than an individual natural person;

     'designated activity' means:

      (a)     the manufacture of goods; or

      (b)     the performance of services; or

        (c)     mining operations or operations for the recovery of naturally occurring petroleum or of natural gas; or

      (d)     construction operations relating to buildings or works; or

        (e)     the production of software for computers or for similar equipment; or

         (f) an activity in respect of which a declaration under section 34b is in force; or

         (g) the development of systems and processes, in relation to an activity referred to in paragraph (a), (b), (c), (d), (e) or(f);

     'national procurement development program agreement' means an agreement entered into by the Board under section 34a;".

Functions of Board

5. Section 7 of the Principal Act is amended by omitting from paragraph (b) "and payments under national interest agreements" and substituting ", payments under national interest agreements and