Trade Marks Amendment (Tobacco Plain Packaging) Act 2011
No. 149, 2011
An Act to amend the Trade Marks Act 1995, and for related purposes
Note: An electronic version of this Act is available in ComLaw (http://www.comlaw.gov.au/)
ComLaw Authoritative Act C2011A00149
ComLaw Authoritative Act C2011A00149
Contents 1 Short title ...........................................................................................1
2 Commencement.................................................................................2
3 Schedule(s) ........................................................................................2
Schedule 1—Trade Marks Act 1995 3 Trade Marks Act 1995 3
Trade Marks Amendment (Tobacco Plain Packaging) Act 2011 No. 149, 2011
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ComLaw Authoritative Act C2011A00149
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.
Trade Marks Amendment (Tobacco Plain Packaging) Act 2011 No. 149, 2011
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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 The day this Act receives the Royal Assent. 1 December
and anything in 2011
this Act not
elsewhere covered
by this table
2. Schedule 1 At the same time as section 28 of the 1 December
Tobacco Plain Packaging Act 2011 2011 commences.
However, if that section does not commence,
the provision(s) do not commence at all.
Note: This table relates only to the provisions of this Act as originally enacted.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repealed as set out in the applicable items in the Schedule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.
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Trade Marks Act 1995 Schedule 1
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
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Schedule 1 Trade Marks Act 1995
(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]
(130/11)
Trade Marks Amendment (Tobacco Plain Packaging) Act 2011 No. 149, 2011
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