Trade Marks Amendment (Tobacco Plain Packaging) Act 2011
No. 149, 2011
An Act to amend the Trade Marks Act 1995, and for related
purposes
[Assented to 1 December 2011]
The Parliament of Australia enacts:
1
Short title
This Act may be cited as the Trade
Marks Amendment (Tobacco Plain Packaging) Act 2011.
2
Commencement
(1) Each provision of this Act specified in
column 1 of the table commences, or is taken to have commenced, in accordance
with column 2 of the table. Any other statement in column 2 has effect
according to its terms.
|
Commencement
information
|
|
Column 1
|
Column 2
|
Column 3
|
|
Provision(s)
|
Commencement
|
Date/Details
|
|
1. Sections 1 to 3 and anything in this Act not
elsewhere covered by this table
|
The day this Act receives the Royal Assent.
|
1 December 2011
|
|
2. Schedule 1
|
At the same time as section 28 of the Tobacco
Plain Packaging Act 2011 commences.
However, if that section does not commence, the
provision(s) do not commence at all.
|
1 December 2011
|
Note: This table
relates only to the provisions of this Act as originally enacted. It will not
be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table
is not part of this Act. Information may be inserted in this column, or information
in it may be edited, in any published version of this Act.
3
Schedule(s)
Each Act that is specified in a Schedule
to this Act is amended or repealed as set out in the applicable items in the
Schedule concerned, and any other item in a Schedule to this Act has effect
according to its terms.
Schedule 1—Trade Marks Act 1995
Trade Marks Act 1995
1 At the end of subsection 231(2)
Add:
Note: Regulations can also be made in relation to
the Tobacco Plain Packaging Act 2011 under section 231A.
2 At the end of Division 3 of Part 21
Add:
231A Regulations
may make provision in relation to the Tobacco Plain Packaging Act 2011
(1) The regulations may make provision in
relation to the effect of the operation of the Tobacco Plain Packaging Act
2011, and any regulations made under that Act, on:
(a) a provision of this Act; or
(b) a regulation made under this Act,
including:
(i) a regulation that
applies a provision of this Act; or
(ii) a regulation that
applies a provision of this Act in modified form.
Note: Section 28 of the Tobacco Plain
Packaging Act 2011 also sets out the effect of the operation of that Act on
certain provisions of, and regulations made under, this Act.
(2) Without limiting subsection (1),
regulations made for the purposes of that subsection may clarify or state the
effect of the operation of the Tobacco Plain Packaging Act 2011, and any
regulations made under that Act, on a provision of this Act or a regulation
made under this Act, including by taking or deeming:
(a) something to have (or not to have)
happened; or
(b) something to be (or not to be) the
case; or
(c) something to have (or not to have)
a particular effect.
(3) Regulations made for the purposes of subsection (1):
(a) may be inconsistent with this Act;
and
(b) prevail over this Act (including
any other regulations or other instruments made under this Act), to the extent
of any inconsistency.
[Minister’s second reading speech made in—
House of Representatives on 6 July 2011
Senate on 25 August 2011]