Commonwealth of Australia Bills

[Index] [Search] [Download] [Related Items] [Help]

This is a Bill, not an Act. For current law, see the Acts databases.

TRADE MARKS AMENDMENT (TOBACCO PLAIN PACKAGING) BILL 2011

2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Trade Marks Amendment (Tobacco
Plain Packaging) Bill 2011
No. , 2011
(Innovation, Industry, Science and Research)
A Bill for an Act to amend the Trade Marks Act
1995, and for related purposes
i Trade Marks Amendment (Tobacco Plain Packaging) Bill 2011 No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Trade Marks Act 1995
3
Trade Marks Act 1995
3
Trade Marks Amendment (Tobacco Plain Packaging) Bill 2011 No. , 2011 1
A Bill for an Act to amend the Trade Marks Act
1
1995, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Trade Marks Amendment (Tobacco
5
Plain Packaging) Act 2011.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 Trade Marks Amendment (Tobacco Plain Packaging) Bill 2011 No. , 2011
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.
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.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Trade Marks Act 1995 Schedule 1
Trade Marks Amendment (Tobacco Plain Packaging) Bill 2011 No. , 2011 3
Schedule 1--Trade Marks Act 1995
1
2
Trade Marks Act 1995
3
1 At the end of subsection 231(2)
4
Add:
5
Note:
Regulations can also be made in relation to the Tobacco Plain
6
Packaging Act 2011 under section 231A.
7
2 At the end of Division 3 of Part 21
8
Add:
9
231A Regulations may make provision in relation to the Tobacco
10
Plain Packaging Act 2011
11
(1) The regulations may make provision in relation to the effect of the
12
operation of the Tobacco Plain Packaging Act 2011, and any
13
regulations made under that Act, on:
14
(a) a provision of this Act; or
15
(b) a regulation made under this Act, including:
16
(i) a regulation that applies a provision of this Act; or
17
(ii) a regulation that applies a provision of this Act in
18
modified form.
19
Note:
Section 28 of the Tobacco Plain Packaging Act 2011 also sets out the
20
effect of the operation of that Act on certain provisions of, and
21
regulations made under, this Act.
22
(2) Without limiting subsection (1), regulations made for the purposes
23
of that subsection may clarify or state the effect of the operation of
24
the Tobacco Plain Packaging Act 2011, and any regulations made
25
under that Act, on a provision of this Act or a regulation made
26
under this Act, including by taking or deeming:
27
(a) something to have (or not to have) happened; or
28
(b) something to be (or not to be) the case; or
29
(c) something to have (or not to have) a particular effect.
30
(3) Regulations made for the purposes of subsection (1):
31
(a) may be inconsistent with this Act; and
32
Schedule 1 Trade Marks Act 1995
4 Trade Marks Amendment (Tobacco Plain Packaging) Bill 2011 No. , 2011
(b) prevail over this Act (including any other regulations or other
1
instruments made under this Act), to the extent of any
2
inconsistency.
3

 

[Index] [Search] [Download] [Related Items] [Help]