Document ID: chunk:federal_register_of_legislation:C2012C00729:section:25
Version: federal_register_of_legislation:C2012C00729
Segment Type: section
Provision Reference: s 25
Character Range: 17908–20084

25  Use for purposes of defence or security

 (1) An act done by the Commonwealth, or by a person authorised in writing by the Commonwealth, in relation to an eligible layout is not an infringement of the EL rights in the layout if:
 (a) the act is for the defence or security of Australia; and
 (b) the Commonwealth, or the authorised person, as the case may be, has unsuccessfully taken all reasonable steps to obtain the licence of the owner of the EL rights, on reasonable terms, to do the act.

 (2) An authorisation may be given before or after the acts in respect of which it is given have been done.

 (3) Where an act has been done under subsection (1) in relation to an eligible layout, the Commonwealth shall as soon as practicable inform the owner of the EL rights in the layout that the act has been done and give the owner such information about the doing of the act as the owner from time to time requires, unless informing the owner or disclosing the information would, or might reasonably be expected to, cause damage to the defence or security of Australia.

 (4) Where an act has been done under subsection (1) in relation to an eligible layout, the terms for the doing of the act are such terms as are, whether before or after the act is done, agreed, or determined by a method agreed, between the Commonwealth and the owner of the EL rights or, in default of agreement, as are determined by the Federal Court of Australia on the application of either of them.

 (5) Where an article is sold and the sale is, under subsection (1), not an infringement of EL rights, the purchaser of the article, and a person claiming through the purchaser, is entitled to deal with the article as if the Commonwealth were the owner of the EL rights.

 (6) An act done under subsection (1) in relation to an eligible layout shall not be taken into account in calculating the protection period of the layout.

 (7) Where an exclusive licence is in force in relation to any EL right, this section has effect as if references to the owner of the EL right were references to the exclusive licensee.

Part III—Remedies for infringements of El rights

Division 1—Preliminary