Sections 1, 2 and 3 and Schedule 1 shall come into operation on the day on which this Act receives the Royal Assent.

The remaining provisions of this Act shall come into operation on a day to be fixed by Proclamation, being a day not earlier than the day on which the Company delivers to the Governor-General an instrument in writing under its common seal in the form set out in Schedule 1, but upon those provisions so coming into operation, those provisions and 13 October 1983.section 3 shall be deemed to have had effect on and from

In this Act, unless the contrary intention appears:

, when used in a geographical sense, includes the external Territories.

Company means Advance Australia, being a company incorporated on 29 June 1981 under the law in force in the .

charge means a charge created in any way and includes a mortgage and an agreement to give or execute a charge or mortgage, whether upon demand or otherwise.

logo means the logo an outline of which is set out in Schedule 2.

monopoly means the exclusive right to apply the design to any article to which the design is capable of being applied.

owner means the person who, under this Act, or by virtue of a disposition not in contravention of this Act, is the owner of the design of the logo.

prescribed period means the period of 16 years that commenced on 13 October 1983.

(2) Where, by virtue of regulations in force for the purposes of subsection 17(2) of the Designs Act 1906, a design is not capable of being registered under that Act for an article specified in those regulations, a reference in this Act to an article does not include a reference to an article so specified.

A reference in this Act to the design of the logo is a reference to the design that, when applied to an article, results in a reproduction of the logo.

(4) Unless the contrary intention appears, an expression used in this Act and the Designs Act 1906 has the same meaning in this Act as in the Designs Act 1906.

The owner of the design of the logo has, and shall be taken at all material times to have had, a monopoly in that design.

The rights of an owner with respect to the design of the logo are personal property and, subject to this Act, the laws applicable to ownership of personal property apply in relation to the monopoly in the design of the logo as they apply in relation to other choses in action.

A disposition, by assignment, declaration of trust or by any other means, purporting to be made by the Company of the whole or any part of its interest in the copyright in the logo or of its interest in the design of the logo to a person other than the Commonwealth is void.

A charge purporting to be given by the Company with respect to an asset of the Company that consists of, or includes, the whole or any part of its interest in the copyright in the logo or the whole or any part of its interest in the design of the logo is void.

If:

(2) Where, whether by force of subsection (1) or otherwise, the Commonwealth acquires an interest in the copyright in the logo or an interest in the design of the logo, a purported assignment by the Commonwealth of the whole or any part of that interest to a person (in this section referred to as the assignee) is void unless:

Where the Commonwealth assigns the whole or any part of its interest in the copyright in, or the design of, the logo to a company, section 9, subsection (1) of this section and sections 17 and 18 have effect as if a reference in those provisions to the Company were a reference to the assignee.

A person is not entitled to compensation from the Commonwealth by reason of the operation of subsection (1) or (3).

A person shall be deemed to infringe the monopoly in the design of the logo if, during the prescribed period, the person:

Subject to subsection (3), if a person infringes the monopoly in the design of the logo:

An action or proceeding for infringement of the monopoly in the design of the logo shall not be instituted by the holder of a licence in relation to the design without the consent of the owner of the design.

Where:

Consent under subsection (3) to the institution of an action or proceeding shall not be unreasonably refused.

Subsection (3) does not affect the granting of an interlocutory injunction on the application of a holder of a licence in relation to the design of the logo.

The Supreme Court of each State is invested with federal jurisdiction, and to the extent that the Constitution permits, jurisdiction is conferred on the Supreme Court of each Territory, with respect to all matters arising under section 11 or 16.

The Federal Court of Australia has jurisdiction with respect to all matters arising under section 11 or 16.

The jurisdiction of a Supreme Court of a State or Territory under this section shall be exercised by a single Judge.

The inferior courts of each State are invested with federal jurisdiction, and jurisdiction is conferred on the inferior courts of each Territory, within the limits, other than limits as to subject-matter, of their several jurisdictions, with respect to matters arising under section 16.

An appeal lies to the Federal Court of Australia from a judgment or order of a court of a State or Territory exercising jurisdiction under this Act.

An appeal lies to the High Court, with special leave of the High Court, from a judgment or order referred to in subsection (4).

Except as provided in subsection (4) or (5), no appeal lies from a judgment or order referred to in subsection (4).

A reference in subsection (3) to an inferior court is a reference to:

No action or proceeding, whether civil or criminal, lies against the Commonwealth or the Company for or in relation to any matter or thing arising out of or incidental to the grant before 13 October 1983 of any purported licence in respect of the design of the logo.

No action or proceeding, whether civil or criminal, lies against the Commonwealth, the Company or a person acting in accordance with any purported licence in respect of the design of the logo for or in relation to the use of the logo before 13 October 1983.

Nothing in this section shall be taken to affect a right to compensation conferred upon a person by section 16.

Where, but for this subsection, the operation of a provision of this Act would result in the acquisition of property from a person by another person otherwise than on just terms, there is payable to the first-mentioned person by that other person such amount of compensation as is agreed upon between those persons, or, failing agreement, as is determined by a court of competent jurisdiction.

Any compensation recovered in proceedings that are instituted under this section shall be taken into account in assessing damages or compensation or giving any other remedy in proceedings that are instituted otherwise than by virtue of this Act and that arise out of the same event or transaction.

Any damages or compensation recovered or other remedy given in proceedings that are instituted otherwise than by virtue of this Act shall be taken into account in assessing compensation payable in proceedings that are instituted under this section and that arise out of the same event or transaction.

(4) In this section, acquisition of property and just terms have the same respective meanings as in paragraph 51(xxxi) of the Constitution.

The Minister may, by instrument in writing served on the Company, give directions to the Company in connection with the exercise of its powers in relation to the copyright in, and the design of, the logo and the Company shall comply with any directions so given.

The Minister shall cause a copy of a direction given under subsection (1) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the direction is given.

Without limiting the generality of subsection (1), a direction under that subsection may require the Company:

A person is not entitled to compensation from the Commonwealth by reason of the operation of subsection (1).

The Company shall, as soon as practicable after each 30 June, prepare and furnish to the Minister a report relating to the exercise of its powers during the year that ended on that 30 June with respect to the copyright in, and the design of, the logo.

The Minister shall cause a copy of a report furnished to him under subsection (1) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which he receives the report.

A report under subsection (1) in respect of a year shall set out details of:

A report under subsection (1) in respect of a year ending on a 30 June before the expiration of the prescribed period shall include a statement:

The first report under subsection (1) shall relate to the period commencing on 13 October 1983 and ending on 30 June 1984.

(1) Copyright Act 1968 does not apply in relation to the copyright in the logo.Division 8 of Part III of the

During the prescribed period, it is not an infringement of the copyright in the logo to do any act or thing that, at the time when it is done, is an act or thing that, by virtue of this Act, the owner of the design of the logo has the exclusive right to do.

After the expiration of the prescribed period, it is not an infringement of the copyright in the logo to do any act or thing that, had it been done immediately before the expiration of the prescribed period, would have been an act or thing that, by virtue of this Act, the owner of the design of the logo would have had the exclusive right to do if a reference in this Act to the design of the logo had, immediately before the expiration of the prescribed period, included a reference to another design that when applied to an article differs from the design of the logo only in immaterial details or in features commonly used in a relevant trade.

(4) Any registration of the design of the logo that was purported to be made under the Designs Act 1906, whether before or after this subsection commenced to have effect, is void and shall be deemed never to have been made.