US Free Trade Agreement Implementation Act 2004
No. 120, 2004
An Act to implement the Australia-United States Free Trade Agreement, and for other purposes
Note: An electronic version of this Act is available in SCALEplus (http://scaleplus.law.gov.au/html/comact/browse/TOCN.htm)
Contents
1 Short title...........................................................................................1 2 Commencement.................................................................................2 3 Schedule(s)........................................................................................4
Schedule 1—Customs amendments 5 Part 1—US originating goods 5 Customs Act 1901 5 Part 2—Verification powers 19 Customs Act 1901 19
Schedule 2—Agricultural and veterinary chemicals amendments 29 Part 1—Limits on use of information 29 Agricultural and Veterinary Chemicals Code Act 1994 29 Part 2—Provisions relating to limits on use of information 39 Agricultural and Veterinary Chemicals (Administration) Act 1992 39 Agricultural and Veterinary Chemicals Code Act 1994 39 Part 3—Change of name from NRA to APVMA 45 Agricultural and Veterinary Chemicals Code Act 1994 45
Schedule 3—Australian geographical indications for wine amendments 46 Australian Wine and Brandy Corporation Act 1980 46 Schedule 4—Life insurance amendments 64 Life Insurance Act 1995 64 Schedule 5—Foreign acquisitions and takeovers amendments 71 Foreign Acquisitions and Takeovers Act 1975 71
Schedule 6—Commonwealth authorities and companies amendments 79 Commonwealth Authorities and Companies Act 1997 79 Schedule 7—Therapeutic goods amendments 80 Therapeutic Goods Act 1989 80
Schedule 8—Patents amendments 88 Patents Act 1990 88 Schedule 9—Copyright amendments 89 Part 1—Performers’ rights in sound recordings 89 Copyright Act 1968 89 Part 2—Performers’ moral rights 100 Copyright Act 1968 100 Part 3—Performers’ protection 125 Copyright Act 1968 125 Part 4—Copying and communicating broadcasts of performances 132 Copyright Act 1968 132 Part 5—Duration of copyright in photographs 136 Copyright Act 1968 136 Part 6—Duration of copyright in works and other subject-matter 140 Copyright Act 1968 140 Part 7—Electronic rights management information 144 Copyright Act 1968 144 Part 8—Criminal offences 150 Copyright Act 1968 150 Part 9—Encoded broadcasts 153 Copyright Act 1968 153 Part 10—Reproductions 159 Copyright Act 1968 159 Part 11—Limitation on remedies available against carriage service providers 161 Copyright Act 1968 161 Telecommunications Act 1997 167
Schedule 10—Broadcasting amendments 168 Broadcasting Services Act 1992 168
US Free Trade Agreement Implementation Act 2004
No. 120, 2004
An Act to implement the Australia-United States Free Trade Agreement, and for other purposes
[Assented to 16 August 2004]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the US Free Trade Agreement Implementation Act 2004.
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) 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | Commencement The day on which this Act receives the Royal Assent. | Date/Details 16 August 2004 |
2. Schedule 1
The later of: - (a)
- 1 January 2005; and
- (b)
- the day on which the Australia-United States Free Trade Agreement, done at Washington DC on 18 May 2004, comes into force for Australia.
However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.
The Minister for Trade must announce by notice in the Gazette the day on which the Agreement comes into force for Australia.
1 January 2005 (see Gazette 2004, GN51) - Schedule 2, At the same time as the provisions covered 1 January 2005 Parts 1 and 2 by table item 2.
- Schedule 2, Part 3
The later of: - (a)
- immediately after the commencement of Parts 1 and 2 of Schedule 2 to this Act; and
- (b)
- immediately after the commencement of item 1 of Schedule 1 to the Agricultural and Veterinary Chemicals Legislation Amendment (Name Change) Act 2004.
However, the provision(s) do not commence at all unless both of the events mentioned in paragraphs (a) and (b) occur.
1 January 2005 (paragraph (a) applies)
Commencement information Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
5. Schedules 3 to 5 | At the same time as the provisions covered by table item 2. | 1 January 2005 |
6. Schedule 6 | The day on which this Act receives the Royal Assent. | 16 August 2004 |
7. Schedule 7 | At the same time as the provisions covered by table item 2. | 1 January 2005 |
8. Schedule 8 | The day on which this Act receives the Royal Assent. | 16 August 2004 |
9. Schedule 9, Part 1 | 1 January 2005. | 1 January 2005 |
10. Schedule 9, Part 2 | The day on which the WIPO Performances and Phonograms Treaty, done at Geneva on 26 December 1996, comes into force for Australia. | 26 July 2007 (see Gazette 2007, GN22) |
| The Minister administering the Copyright Act 1968 must announce by notice in the Gazette the day on which the Treaty comes into force for Australia. | |
11. Schedule 9, Parts 3 and 4 | The earlier of the following times: (a) the time at which the provisions covered by table item 2 commence; | 1 January 2005 (paragraph (a) applies) |
| (b) the time at which the provisions covered by table item 10 commence. | |
| (Parts 3 and 4 of Schedule 9 still commence even if one of the times mentioned in | |
| paragraph (a) or (b) does not occur.) | |
12. Schedule 9, items 107 to 112 | 1 January 2005. | 1 January 2005 |
13. Schedule 9, item 113 | The day on which this Act receives the Royal Assent. | 16 August 2004 |
14. Schedule 9, items 114 to 119 | 1 January 2005. | 1 January 2005 |
Commencement information Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
15. Schedule 9, item 120 | At the same time as the provisions covered by table item 2. However, if that time is the same time as the time at which the | 1 January 2005 |
| provisions covered by table item 12 commence, then item 120 commences immediately after those provisions | |
| commence. | |
16. Schedule 9, item 121 | At the same time as the provisions covered by table item 2. | 1 January 2005 |
17. Schedule 9, item 122
At the same time as the provisions covered 1 January 2005 by table item 2. However, if that time is the same time as the time at which the provisions covered by table item 12 commence, then item 122 commences immediately after those provisions commence. 18. Schedule 9, | At the same time as the provisions covered | 1 January 2005 |
items 123 to 166 | by table item 2. | |
19. Schedule 9, | The day on which this Act receives the | 16 August 2004 |
item 167 | Royal Assent. | |
20. Schedule 9, | At the same time as the provisions covered | 1 January 2005 |
items 168 to 192 | by table item 2. | |
21. Schedule 10 | The day on which this Act receives the | 16 August 2004 |
Royal Assent.
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or 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—Customs amendments Part 1—US originating goods
Customs Act 1901
1 After Division 1B of Part VIII
Insert:
Division 1C—US originating goods Subdivision A—Preliminary
153Y Simplified outline
The following is a simplified outline of this Division: - This Division defines US originating goods. Preferential rates of customs duty under the Customs Tariff Act 1995 apply to US originating goods that are imported into Australia.
- Subdivision B provides that goods are US originating goods if they are wholly obtained or produced entirely in the US.
- Subdivision C provides that goods are US originating goods if they are produced entirely in the US, or in the US and Australia, exclusively from originating materials.
- Subdivision D sets out when goods (except clothing and textiles) that are produced entirely in the US, or in the US and Australia, from non-originating materials only, or from non-originating materials and originating materials, are US originating goods.
- Subdivision E sets out when goods that are clothing or textiles that are produced entirely in the US, or in the US and Australia, from non-originating materials only, or from non-originating materials and originating materials, are US originating goods.
- Subdivision F sets out when accessories, spare parts or tools (imported with other goods) are US originating goods.
- Subdivision G deals with how the packaging materials or containers in which goods are packaged affects whether the goods are US originating goods.
- Subdivision H deals with how the consignment of goods affects whether the goods are US originating goods.
153YA Interpretation
Definitions
(1) In this Division:
Agreement means the Australia-United States Free Trade Agreement done at Washington DC on 18 May 2004, as amended from time to time.
Note: In 2004 the text of the Agreement was accessible on the Internet through the web site of the Department of Foreign Affairs and Trade.
Australian originating goods means goods that are Australian originating goods under a law of the US that implements the Agreement.
Convention means the International Convention on the Harmonized Commodity Description and Coding System done at Brussels on 14 June 1983.
Note: The text of the Convention is set out in Australian Treaty Series 1988 No. 30. In 2004 this was available in the Australian Treaties Library of the Department of Foreign Affairs and Trade, accessible on the Internet through that Department’s world-wide web site.
customs value, in relation to goods, has the meaning given by section 159.
fuel has its ordinary meaning.