An Act to provide for the protection of certain layouts for
integrated circuits, and for related purposes
Part 1—Preliminary
1
Short title [see
Note 1]
This Act may be cited as the Circuit
Layouts Act 1989.
2
Commencement [see
Note 1]
(1) Sections 1 and 2 commence on the day
on which this Act receives the Royal Assent.
(2) The remaining provisions of this Act commence
on a day or days to be fixed by Proclamation.
3
Extension to external Territories
This Act extends to every external
Territory.
4 Act
binds the Crown
Subject to section 25, this Act
binds the Crown.
5
Interpretation
In this Act:
action means a proceeding of a civil nature
between parties, and includes a counterclaim.
Australian protected person has the same
meaning as in regulation 5 of the Australian Citizenship Regulations.
circuit layout means a representation, fixed
in any material form, of the three‑dimensional location of the active and
passive elements and interconnections making up an integrated circuit.
commercially exploited has the meaning given
in section 8.
eligible foreign country means a foreign
country declared by the regulations to be an eligible foreign country for the
purposes of this Act.
eligible layout means an original circuit
layout:
(a) the maker of which was, at the
time the layout was made, an eligible person; or
(b) that was first commercially
exploited in Australia or in an eligible foreign country.
eligible person means:
(a) an Australian citizen, an
Australian protected person or a person resident in Australia;
(b) a body corporate incorporated by
or under a law in force in a State or Territory;
(c) a citizen, national or resident of
an eligible foreign country; or
(d) a body corporate incorporated by
or under a law of an eligible foreign country.
EL rights means the exclusive rights
specified in section 17 in relation to an eligible layout.
exclusive licence means a licence in writing,
signed by or on behalf of the owner or prospective owner of EL rights,
authorising the licensee, to the exclusion of all other persons, to do an act
that, under this Act, the owner would, but for the licence, have the exclusive right
to do.
exclusive right has the meaning given in
section 9.
future EL rights means EL rights that will
come into existence at a future time or on the happening of a future event.
integrated circuit means a circuit, whether
in a final form or an intermediate form, the purpose, or one of the purposes,
of which is to perform an electronic function, being a circuit in which the
active and passive elements, and any of the interconnections, are integrally
formed in or on a piece of material.
material form, in relation to a circuit
layout, includes any form of storage (whether visible or not) from which the
layout, or a substantial part of it, can be reproduced.
other party, in relation to an owner of EL
rights or the exclusive licensee of those rights, means the exclusive licensee
or the owner, respectively.
prospective owner means:
(a) in relation to future EL rights
that are not the subject of an agreement of the kind referred to in subsection
44(1)—the person who will be the owner of those rights when they come into
existence; or
(b) in relation to future EL rights
that are the subject of such an agreement‑the person in whom those rights
will vest under that subsection when they come into existence.
protection period, in relation to an eligible
layout, means the period beginning on the day on which the layout was made and
ending:
(a) if the layout is first
commercially exploited within 10 calendar years after the calendar year in
which the layout was made‑at the end of the tenth calendar year after the
calendar year in which the layout was first commercially exploited; and
(b) in any other case‑at the end
of the period of 10 calendar years after the calendar year in which the layout
was made.
6
Residence not affected by temporary absence
For the purposes of this Act, a person
who at a material time was ordinarily resident in Australia or a foreign
country but was temporarily absent from that country shall be treated as if he
or she had been resident in Australia or that country, as the case may be, at that
time.
7
Application to circuit layouts made before commencement
This Act applies in relation to a
circuit layout, whether made before or after the commencement of Part II,
but an action does not lie under Part III in respect of any act done
before that commencement in relation to the layout, a copy of the layout, or an
integrated circuit made in accordance with the layout.
8
Commercial exploitation
(1) For the purposes of this Act, a circuit
layout shall be taken to have been commercially exploited if the layout, a copy
of the layout, or an integrated circuit made in accordance with the layout
(whether or not the integrated circuit is incorporated in another thing) is:
(a) sold, let for hire or otherwise
distributed by way of trade;
(b) offered or exposed for sale or
hire, or other distribution by way of trade; or
(c) imported for the purpose of sale,
letting for hire, or other distribution by way of trade.
(2) For the purposes of this Act, a copy of a
circuit layout or an integrated circuit made in accordance with a circuit
layout shall be taken to have been commercially exploited if it is:
(a) sold, let for hire or otherwise
distributed by way of trade;
(b) offered or exposed for sale or
hire, or other distribution by way of trade; or
(c) imported for the purpose of sale,
letting for hire, or other distribution by way of trade.
9
Exclusive right
For the purposes of this Act, the
exclusive right to do an act in relation to an eligible layout, or an
integrated circuit made in accordance with an eligible layout, includes the
exclusive right to authorise a person to do that act in relation to that layout
or integrated circuit.
10
Making an eligible layout
For the purposes of this Act:
(a) a person who used a computer to
make an eligible layout shall be taken to have made the layout; and
(b) an eligible layout shall be taken
to have been made when it was first fixed in a material form.
11
Originality
Without otherwise limiting the meaning
of the word original in this Act, a circuit layout shall be taken
not to be original if:
(a) its making involved no creative
contribution by the maker; or
(b) it was commonplace at the time it
was made.
12
Licence of owner of EL rights
For the purposes of this Act, an act
shall be taken to have been done with the licence of the owner of EL rights if
doing that act was authorised by a licence binding the owner.
13
Substantial part of eligible layout
In this Act:
(a) a reference to doing an act (other
than making) in relation to an eligible layout includes a reference to doing
that act in relation to a substantial part of the layout;
(b) a reference to a copy of an
eligible layout includes a reference to a copy of a substantial part of the
layout; and
(c) a reference to an integrated
circuit made in accordance with an eligible layout includes a reference to an
integrated circuit made in accordance with a substantial part of the layout.
14
References to all joint makers
Subject to this Part, a reference in
this Act to the maker of an eligible layout is, in relation to a jointly made
eligible layout, a reference to all the makers of the layout, unless the
contrary intention appears.
15
References to any one or more joint makers
A reference in the definition of eligible
layout in section 5 to the maker of an original circuit layout is,
in relation to a jointly made eligible layout, a reference to any one or more
of the makers of the layout.
Part II—EL rights in eligible layouts
Division 1—Ownership and nature of EL rights
16
Ownership of EL rights
(1) Subject to this section, the person who
makes an eligible layout is the first owner of the EL rights in it.
(2) Where a layout is made by a person under
the terms of his or her employment by another person under a contract of
service or apprenticeship, that other person shall be taken to be the maker of
the layout.
(3) The application of subsection (2) to
the EL rights in a particular eligible layout may be excluded or modified by
agreement.
(4) Where, before the commencement of Part II,
a design applicable to an integrated circuit, or to part of an integrated
circuit, or a design applicable to a mask used to make an integrated circuit,
was registered under the Designs Act 1906, the owner (within the meaning
of that Act) of the design shall, for the purposes of this Act, be taken to be
the maker of the circuit layout for the integrated circuit, or the part of the
integrated circuit, as the case requires.
17
Nature of EL rights
The owner of the EL rights in an
eligible layout has, during the protection period of the layout, the following
exclusive rights:
(a) to copy the layout, directly or
indirectly, in a material form;
(b) to make an integrated circuit in
accordance with the layout or a copy of the layout;
(c) to exploit the layout commercially
in Australia.
18 EL
rights to subsist without regard to makers who are not eligible persons
Section 16
has effect, in relation to a jointly made eligible layout of which one or more
(but not all) of the makers are not eligible persons, as if the layout had been
made solely by the other maker or makers.
Division 2—Infringement of EL rights
19
Infringement
(1) Subject to this Act, the EL right in an
eligible layout, being the right referred to in paragraph 17(a), is infringed
by a person who, during the protection period of the layout and without the
licence of the owner of that right, copies, or authorises the copying, of the
layout in a material form.
(2) Subject to this Act, the EL right in an
eligible layout, being the right referred to in paragraph 17(b), is infringed
by a person who, during the protection period of the layout and without the
licence of the owner of that right, makes, or authorises the making of, an
integrated circuit made in accordance with the layout.
(3) Subject to this Act, the EL right in an
eligible layout, being the right referred to in paragraph 17(c), is infringed
by a person who, during the protection period of the layout, without the
licence of the owner, commercially exploits, or authorises the commercial
exploitation of, the layout in Australia if the person knows or ought
reasonably to know, that he or she is not licensed by the owner of that right
to do so.
Division 3—Acts that are not infringements of EL rights
20
Innocent commercial exploitation
(1) The EL rights in an eligible layout are
not infringed by a person who commercially exploits, or authorises the
commercial exploitation of, an unauthorised integrated circuit in Australia,
being a circuit made in accordance with the layout, if, at the time when the person
acquired the circuit, the person did not know, and could not reasonably be
expected to have known, that the circuit was unauthorised.
(2) Where a person referred to in subsection (1)
becomes aware, or could reasonably be expected to have become aware, that the
integrated circuit is unauthorised, that subsection ceases to apply to any
subsequent commercial exploitation of the circuit, unless the person pays to
the owner or exclusive licensee of the EL rights in the layout such equitable
remuneration as is agreed, or as is determined by a method agreed, between the
person and the owner or exclusive licensee or, in default of agreement, as is
determined by the Federal Court of Australia on application made by either of
them.
(3) In this section:
unauthorised, in relation to an integrated
circuit made in accordance with an eligible layout, means made without the
licence of the owner of the EL rights in the layout.
21
Copying for private use
(1) The EL rights in an eligible layout are
not infringed by making:
(a) a copy or copies of the layout; or
(b) an integrated circuit in
accordance with the layout or with a copy of the layout;
for the private use of the person who does the making.
(2) A copy of an eligible layout, or an
integrated circuit made in accordance with an eligible layout or with a copy of
such a layout, shall not be taken to have been made for the private use of a
person if the copy or integrated circuit, as the case may be, is commercially
exploited or distributed otherwise than by way of trade to an extent that will
prejudice the interests of the owner of the EL rights in the layout.
22
Copying for research or teaching purposes
The EL rights in an eligible layout are
not infringed by making a copy or copies of the layout, or by making an
integrated circuit in accordance with the layout or with a copy of the layout,
for research or teaching purposes.
23
Evaluation or analysis
(1) The EL rights in an eligible layout are
not infringed:
(a) by making a copy or copies of the
layout for the purpose of evaluating or analysing the layout;
(b) by making an original circuit
layout based on an evaluation or analysis carried out with the use of a copy or
copies referred to in paragraph (a);
(c) by making an integrated circuit in
accordance with an original circuit layout referred to in paragraph (b);
or
(d) by copying or commercially
exploiting in Australia an original circuit layout referred to in paragraph (b).
(2) The EL rights in an eligible layout are
not infringed:
(a) by making an integrated circuit in
accordance with the layout, or with a copy of the layout, for the purpose of
evaluating or analysing the layout; or
(b) by making an original circuit
layout based on an evaluation or analysis carried out with the use of an
integrated circuit referred to in paragraph (a); or
(c) by making an integrated circuit in
accordance with an original circuit layout referred to in paragraph (b);
or
(d) by copying or commercially
exploiting in Australia an original circuit layout referred to in paragraph (b).
24
Commercial exploitation of eligible layouts previously exploited under licence
(1) Where:
(a) an eligible layout is commercially
exploited, whether in Australia or elsewhere, by, or with the licence of, the
owner of the EL rights in the layout; and
(b) a person acquires a copy of the
layout, or an integrated circuit made in accordance with the layout, as a
result of that commercial exploitation;
it is not an infringement of the EL rights in the layout
if the person commercially exploits the copy or the integrated circuit in Australia.
(2) In spite of section 37 of the Copyright
Act 1968 and section 38 of that Act to the extent that section 38
applies to imported articles, where the commercial exploitation of an
integrated circuit containing a copy or adaptation of a work (being an
integrated circuit made in accordance with an eligible layout) is not, under
this section, an infringement of the EL rights in the layout, that commercial
exploitation is not an infringement of the copyright in that work unless the
making of that copy or adaptation was an infringement of that copyright.
(3) Expressions used in subsection (2)
that are used and defined in the Copyright Act 1968 have the same
respective meanings in that subsection as they have in that Act.
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
26
Application of Part to counterclaims
In the application of this Part in
relation to a counterclaim, references to the plaintiff and to the defendant
shall be read as references to the defendant and to the plaintiff,
respectively.
Division 2—Actions by owner of EL rights
27
Actions for infringement
(1) Subject to this Act, the owner of EL
rights may bring an action for an infringement of those rights.
(2) Subject to this Act, the relief that a
court may grant in an action for infringement of EL rights includes an
injunction (subject to such terms, if any, as the court thinks fit) and either
damages or an account of profits.
(3) Where, in an action for an infringement
of EL rights, it is established that an infringement was committed but that, at
the time of the infringement, the defendant was not aware, and had no
reasonable grounds for suspecting, that the act constituting the infringement
was an infringement, the plaintiff is not entitled to any damages against the
defendant in respect of the infringement but is entitled to an account of
profits in respect of the infringement, whether any other relief is granted or
not.
(4) Where, in an action for infringement of
EL rights:
(a) an infringement is established;
and
(b) the court is satisfied that it is
proper to do so, having regard to:
(i) the flagrancy of the
infringement;
(ii) any benefit shown to
have accrued to the defendant because of the infringement; and
(iii) all other relevant
matters;
the court may, in assessing damages for the infringement,
award such additional damages as it considers appropriate in the circumstances.
28
Limitation of actions
An action shall not be brought for an
infringement of EL rights after the end of 6 years after the day when the
infringement took place.
Division 3—Proceedings where EL rights subject to exclusive licence
29
Application
This Division applies to proceedings in
relation to any EL right in respect of which an exclusive licence has been
granted and is in force at the time of the events to which the proceedings
relate.
30
Rights of exclusive licensee
Subject to this Division, the exclusive
licensee has the same rights of action as he or she would have, and is entitled
to the same remedies as he or she would be entitled to, under section 27
if he or she were the owner of the EL rights but:
(a) is not entitled to exercise those
rights against the owner of the EL rights; and
(b) those rights and remedies are
concurrent with the rights and remedies of the owner of the EL rights under
that section.
31
Joinder of owner or exclusive licensee as a party
(1) Where:
(a) an action is brought by the owner
of the EL rights, or by the exclusive licensee, under section 27; and
(b) the action relates, wholly or
partly, to an infringement in respect of which the owner and the licensee have
concurrent rights of action under that section;
the owner or licensee, as the case may be, is not
entitled, except with the leave of the court, to proceed with the action, in so
far as it relates to that infringement, unless the licensee or owner,
respectively, is joined as a plaintiff in the action or added as a defendant.
(2) This section does not affect the granting
of an interlocutory injunction on the application of the owner of the EL rights
or the exclusive licensee.
32
Defences available against exclusive licensee
In an action under section 27 by
the exclusive licensee, a defence under this Act that would have been available
to a defendant in the action if the action had been brought by the owner of the
EL rights is available to that defendant against the exclusive licensee.
33
Assessment of damages where exclusive licence granted
Where an action to which section 31
applies is brought and the owner of the EL rights and the exclusive licensee
are not both plaintiffs in the action, the court, in assessing damages in
respect of an infringement of a kind referred to in that section, shall:
(a) if the plaintiff is the exclusive
licensee‑take into account any liabilities to which the licence is
subject; and
(b) whether the plaintiff is the owner
of the EL rights or the exclusive licensee‑take into account any
pecuniary remedy already awarded to the other party under section 27 in
respect of that infringement, or any right of action exercisable by the other
party under that section in respect of that infringement.
34
Apportionment of profits between owner and exclusive licensee
Where:
(a) an action under section 27
relates, wholly or partly, to an infringement in respect of which the owner of
the EL rights and the exclusive licensee have concurrent rights of action under
that section (whether or not they are both parties); and
(b) an account of profits is directed
to be taken in respect of that infringement in that action; the court shall,
subject to any agreement of which it is aware by which the application of those
profits is determined as between the owner of the EL rights and the exclusive
licensee, apportion the profits between them in such manner as it considers
just and shall give such directions as it considers appropriate for giving
effect to that apportionment.
35
Separate actions in relation to the same infringement
In an action under section 27
brought by the owner of the EL rights or by the exclusive licensee:
(a) a judgment or order for the
payment of damages in respect of an infringement of those rights shall not be
given or made if a final judgment or order has been given or made in favour of
the other party directing an account of profits under that section in respect
of the same infringement; and
(b) a judgment or order for an account
of profits in respect of an infringement of those rights shall not be given or
made if a final judgment or order has been given or made in favour of the other
party awarding damages or directing an account of profits under that section in
respect of the same infringement.
36
Liability for costs
Where, in an action to which section 31
applies, whether brought by the owner of the EL rights or by the exclusive
licensee, the other party is not joined as a plaintiff (either at the
commencement of the action or at a later time), but is added as a defendant,
the other party is not liable for any costs in the action unless he or she
enters an appearance and takes part in the proceedings.
Division 4—Proof of facts in actions
37
Presumptions as to subsistence and ownership of EL rights
In an action under section 27:
(a) EL rights shall be presumed to
subsist in the circuit layout to which the action relates if the defendant does
not put in issue the question whether those rights subsist in the layout; and
(b) where EL rights subsist in the
layout‑the plaintiff shall be presumed to be the owner of the rights if
he or she claims to be the owner of the rights and the defendant does not put
in issue the question of ownership.
38
Affidavit evidence
(1) In an action under section 27, proof
of either or both of the following matters may be given by affidavit:
(a) the subsistence, at a particular
time, of EL rights in the circuit layout to which the action relates;
(b) the ownership, at a particular
time, of the EL rights in that layout.
(2) If a party to an action requires in good
faith that a person who made an affidavit referred to in subsection (1)
that is proposed to be used in the action be cross‑examined with respect
to the matters in the affidavit, the affidavit may not be used in the action
unless the person appears as a witness for such cross‑examination or the
court, in its discretion, permits the affidavit to be used without the person’s
so appearing.
39
Evidentiary labels
(1) If, at the time when an eligible layout,
a copy of an eligible layout, an integrated circuit made in accordance with an
eligible layout or an article in which such an integrated circuit is
incorporated was first imported or distributed by way of trade, the layout, the
copy, the integrated circuit or a package containing it, or the article bore a
prescribed label or mark, the fact that it bore the label or mark at that time
is prima facie evidence, in an action under section 27 relating to the
layout, that any person dealing at or after that time with the layout, the copy
or the integrated circuit, as the case may be, has been notified of the
subsistence of EL rights in the layout.
(2) In subsection (1):
distributed by way of trade includes sold,
let for hire, or offered or exposed for sale or hire or other distribution by
way of trade.
imported means imported into Australia for
the purpose of distribution by way of trade.
prescribed label or mark means a label or
mark:
(a) that was affixed to the eligible
layout, the copy of the eligible layout, the integrated circuit made in
accordance with an eligible layout or the package containing it, or the article
in which such an integrated circuit is incorporated so as to be reasonably
apparent to a person dealing with the layout, the copy or the integrated
circuit, as the case may be; and
(b) bearing a statement:
(i) to the effect that EL
rights subsist in the layout;
(ii) specifying the country
and the year in which the layout was first commercially exploited; and
(iii) specifying the maker
of the layout.
Division 5—Jurisdiction and appeals
40
Exercise of jurisdiction
The jurisdiction of the Supreme Court of
a State or Territory in an action under this Part shall be exercised by a
single judge of the Court.
41
Appeals
(1) Subject to subsection (2), a
decision of a court of a State or Territory (however constituted) under this
Part is final and conclusive.
(2) An appeal lies from a decision of a court
of a State or Territory under this Part:
(a) to the Federal Court of Australia;
or
(b) by special leave of the High
Court, to the High Court.
Part IV—Miscellaneous
42
Eligible foreign countries
A foreign country shall not be declared
to be an eligible foreign country for the purposes of this Act unless:
(a) it is a party to a convention
relating to the protection of circuit layouts and:
(i) Australia is also a
party to the convention; or
(ii) Australia, although
not a party to the convention, has taken all necessary steps to become such a
party; or
(b) the Governor‑General is
satisfied that, although the foreign country is not a party to such a
convention, provision is or will be made under the law of that country under
which adequate protection is or will be given to circuit layouts made by
persons referred to in paragraph (a) or (b) of the definition of eligible
person in section 5 and to circuit layouts first commercially
exploited in Australia.
43
Limitation on power of courts to grant relief in proceedings under this Act
Nothing in this Act authorises a court
of a State or Territory to grant relief by way of injunction or account of
profits if that court does not, apart from this Act, have power to grant such
relief.
44
Prospective ownership of EL rights
(1) Where, by an agreement made in relation
to future EL rights and signed by or on behalf of the person who would, apart
from this section, be the owner of the rights on their coming into existence,
that person purports to assign the future EL rights (wholly or partly) to
another person (in this subsection called the assignee), then the
rights, on coming into existence, vest in the assignee or his or her successor
in title by force of this subsection.
(2) Where, at the time when an EL right comes
into existence, the person who would be entitled to the right is dead, the
right devolves as if, immediately before the person’s death, the person had
been the owner of the right.
(3) A licence granted in respect of future EL
rights by the prospective owner of the rights binds each of his or her
successors in title to the prospective interest in the right to the same extent
as the licence was binding on the grantor.
45
Assignments and licences of EL rights
(1) EL rights are personal property and,
subject to this section, are transmissible by assignment, by will and by
devolution by operation of law.
(2) An assignment of EL rights may be limited
in any way, including any one or more of the following ways:
(a) so as to apply to one or more of
the classes of acts that, by virtue of this Act, the owner of the EL rights has
the exclusive right to do (including a class of acts that is not separately
specified in this Act as being comprised in EL rights but falls within a class
of acts that is so specified);
(b) so as to apply to a place in, or a
part of, Australia;
(c) so as to apply to part of the
protection period of the layout in which the EL rights subsist.
(3) An assignment of EL rights (whether total
or partial) does not have effect unless it is in writing signed by or on behalf
of the assignor.
(4) A licence granted in respect of an EL
right by the owner of the right binds every successor in title to the interest
in the right of the grantor of the licence to the same extent as the licence
was binding on the grantor.
46
Groundless threats of legal proceedings
(1) Where a person, by means of circulars,
advertisements or otherwise, threatens a person with an action or proceeding in
respect of an infringement of EL rights, then, whether or not the person making
the threat is the owner of the EL rights, or an exclusive licensee, a person
aggrieved may bring an action against the first‑mentioned person and may
obtain a declaration to the effect that the threat is unjustifiable, and an
injunction against the continuance of the threat, and may recover such damages
(if any) as the person aggrieved has sustained, unless the first‑mentioned
person satisfies the court that the acts in respect of which the action or
proceeding was threatened constituted, or would constitute, an infringement of
EL rights.
(2) The mere notification of the existence of
any EL right does not constitute a threat of an action or proceeding within the
meaning of this section.
(3) Nothing in this section renders a
barrister or solicitor of the High Court, or of the Supreme Court of a State or
Territory, liable to an action under this section in respect of an act done in
his or her professional capacity on behalf of a client.
(4) The defendant in an action under this
section may apply, by way of counterclaim, for relief to which the defendant
would be entitled in a separate action in respect of an infringement by the
plaintiff of the EL rights to which the threat relates and, in any such case,
the provisions of this Act with respect to an action for infringement of EL
rights apply, with the necessary changes made, in relation to the action.
47
Jurisdiction of Federal Court of Australia
Jurisdiction is conferred on the Federal
Court of Australia with respect to actions under Part III and applications
under sections 20 and 25.
48
Regulations
The Governor‑General may make
regulations, not inconsistent with this Act, prescribing all matters required
or permitted by this Act to be prescribed for carrying out or giving effect to
this Act.
49
Consequential amendments of other Acts
The Acts specified in the Schedule are
amended as set out in the Schedule.