Commonwealth Numbered Acts

PATENTS AMENDMENT ACT 1984 No. 92, 1984 - SECT 9

9. Section 177 of the Principal Act is amended-

   (a)  by inserting after paragraph (ad) the following paragraph:



"(ae) making provision for and in relation to-

        (i)    the deposit for the purposes of this Act, the Budapest Treaty,
               or both, of micro-organisms with prescribed depositary
               institutions and the storage and testing of, and furnishing of
               samples of, micro-organisms by those institutions;

        (ii)   the charging of fees by prescribed depositary institutions
               situated in Australia in relation to the matters described in
               sub-paragraph (i);

        (iii)  the making of reports by prescribed depositary institutions
               situated in Australia in relation to those matters;

        (iv)   the powers and functions of the Commissioner in relation to
               prescribed depositary institutions with respect to those
               matters; and

        (v)    otherwise giving effect to the Budapest Treaty;"; and

   (b)  by adding at the end thereof the following sub-sections:



"(2) The regulations may make provision for matters referred to in paragraph
(1) (ae) by empowering the Commissioner, on behalf of the Commonwealth, to
enter into agreements with prescribed depositary institutions with respect to
those matters.



"(3) Regulations made in pursuance of paragraph (1) (ae) and sub-section (2)
may make different provision with respect to different matters or classes of
matters dealt with by or under those regulations, but this sub-section shall
not be taken to limit a power to make regulations conferred by any other
provision of this Act.".