Passed the Legislative Council, the 2nd day of June, 1898. I assent. ALFRED MOLONEY, Governor. June 13, 1898. ACT of the Government of New South Wales, to bring that Colony within the provisions of the International Patents Convention, 1883.* [No. 35.] [December 10, 1897.] WHEREAS by section 103 of the Act of the Imperial Parlia-, ment of the United Kingdom of Great Britain and Ireland, called "The Patents, Designs, and Trade-marks Act, 1883,"† as amended by another Act of the said Parliament, called "The Patents, Designs, and Trade-marks (Amendment) Act, 1885,"‡ it is enacted as follows, that is to say : (i.) If Her Majesty is pleased to make any arrangement with the Government or Governments of any foreign State or States for mutual protection of inventions, designs, and trade-marks, or any of them, then any person who has applied for protection for any invention, design, or trade-mark in any such State shall be entitled to a patent for his invention or to registration of his design or trade-mark (as the case may be) under this Act in priority to other applicants; and such patent or registration shall have the same date as the date of the application in such foreign State: Provided that his application is made in the case of a patent within seven months, and in the case of a design or trade-mark within four months, from his applying for protection in the foreign State with which the arrangement is in force: Provided that nothing in this section contained shall entitle the patentee or proprietor of the design or trademark to recover damages for infringements happening prior to the date of the actual acceptance of his complete specification, or the actual registration of his design or trade-mark in this country, as the case may be. (ii.) The publication in the United Kingdom or the Isle of Man, during the respective periods aforesaid, of any description of the invention, or the use therein during such periods of the invention, or the exhibition or use therein during such periods of the design or publication therein during such periods of a description or repre* Vol. LXXIV, page 211. + Vol. LXXVI, page 498. [1897-98. xc.] 4 K Vol. LXXIV, page 211. sentation of the design, or the use therein during such periods of the trade-mark shall not invalidate the patent which may be granted for the invention or the registration of the design or trademark. (iii.) The application for the grant of a patent or the registration of a design or the registration of a trade-mark under this section must be made in the same manner as an ordinary application under this Act: Provided that in the case of trade-marks, any trade-mark, the registration of which has been duly applied for in the country of origin, may be registered under this Act. (iv.) The provisions of this section shall apply only in the case of those foreign States with respect to which Her Majesty shall from time to time by Order in Council declare them to be applicable, and so long only in the case of each State as the Order in Council shall continue in force with respect to that State : And whereas by section 104 of the said first recited Act it is further enacted as follows, that is to say : (i.) Where it is made to appear to Her Majesty that the Legislature of any British possession has made satisfactory provision for the protection of inventions, designs, and trade-marks patented or registered in this country, it shall be lawful for Her Majesty from time to time, by Order in Council, to apply the provisions of the last preceding section with such variations or additions (if any) as to Her Majesty in Council may seem fit to such British possession. (ii.) An Order in Council under this Act shall, from a date to be mentioned for the purpose in the Order, take effect as if its provisions had been contained in this Act; but it shall be lawful for Her Majesty in Council to revoke any Order in Council made under this Act: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows, that is to say : 1. This Act may be cited as "The International Patents and Trade-marks Arrangements Act, 1897." 2.-(i.) If Her Majesty is pleased, by Order in Council, to apply the provisions in the said section 103 of the Imperial Act, called "The Patents, Designs, and Trade-marks Act, 1883," to this Colony, then any person who has applied for protection for any invention, design, or trade-mark in England, or in any foreign State with the Government of which Her Majesty has made an arrangement under the said section for mutual protection of inventions, designs, or trade-marks, or any of them, shall be entitled to s patent for his invention or to registration of his design or trade mark, as the case may be, under this Act in priority to other applicants; and such patent or registration shall take effect from the same date as the date of the application in England or such foreign State, as the case may be. Such application shall be made in the case of a patent within seven months, and in the case of a design or trade-mark within four months, from such person applying for protection in England or the foreign State with which the arrangement is in force. Nothing in this section contained shall entitle the patentee or proprietor of the design or trade-mark to recover damages for infringements happening prior to the date of the actual acceptance of his complete specification or the actual registration of his design or trade-mark, as the case may be, in this Colony. (ii.) The publication in this Colony during the respective periods aforesaid of any description of the invention, or the use therein during such periods of the invention, or the exhibition or use therein during such periods of the design, or the publication therein during such periods of a description or representation of the design, or the use therein during such periods of the trade-mark, shall not invalidate the patent which may be granted for the invention or the registration of the design or trade-mark. (iii.) The application for the grant of a patent or the registration of a design or the registration of a trade-mark under this section must be made in the same manner as an ordinary application under the Act 16 Vict., No. 24, and any Acts amending the same, or "The Copyright Act, 1879," and any Act amending the same, or "The Trade-marks Act, 1865," and any Acts amending the same, as the case may be. In the case of trade-marks, any trade-mark, the registration of which has been duly applied for in the country of origin, may be registered under "The Trade-marks Act, 1865," and any Act amending the same. (iv.) The provisions of this section shall, in the case of foreign States, apply only in the case of those foreign States with respect to which Her Majesty shall from time to time, by Order in Council, declare the provisions of the aforesaid section 103 of the said first recited Imperial Act to be applicable, and so long only in the case of each State as the Order shall continue in force with respect to that State. 3.-(i.) Where it is made to appear to the Governor that the Legislature of any British possession has made satisfactory provision for the protection in such possession of inventions, designs, and trade-marks, or any of them, patented or registered in this Colony, the Governor may, by order, apply all or any of the provisions of the last preceding section relating to the protection of inventions, designs, and trade-marks patented or registered in England, with such variations or additions (if any) as to the Governor may seem fit to inventions, designs, and trade-marks, or any of them, patented or registered in such British possession. (ii.) An order under this section shall, from a date to be mentioned for the purpose in the order, take effect as if its provisions had been contained in this Act; but it shall be lawful for the Governor to revoke any such order. 4. In this Act "British possession" means any territory or place situate within Her Majesty's dominions, and not being or forming part of the United Kingdom or of the Channel Islands or of the Isle of Man; and all territories and places under one Legislature as hereinafter defined are deemed to be one British possession for the purposes of this Act; and "Governor " means Governor, with the advice of the Executive Council; "Legislature" includes any person or persons who exercise legislative authority in the British possession; and where there are local Legislatures as well as a central Legislature, means the central Legislature only. ACT of the Government of New South Wales, to place certain Restrictions on Immigration; to provide for the Removal from the Colony of Prohibited Immigrants; to impose certain Disabilities upon them whilst in the Colony; and for other purposes incidental to, or consequent upon, the beforementioned objects. [No. 3.] [August 3, 1898.] WHEREAS it is desirable to place certain restrictions on immigration: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited as "The Immigration Restriction Act, 1898," and shall take effect on and after the expiration of three months from the day when the fact of Her Majesty's assent has been proclaimed by the Governor in the "Gazette." 2. This Act shall not apply to (a.) Any person possessed of a certificate in the form set out in the Schedule (A) to this Act annexed, and signed by the Colonial Secretary, or the Agent-General of New South Wales, or any officer appointed by the Governor for the purposes of this Act, whether in or out of New South Wales; (b.) Any person of a class for whose immigration into New South Wales provision is made by law or by a scheme approved by the Governor ; (c.) Any person specially exempted from the operation of this Act by a writing under the hand of the Colonial Secretary; (d.) Her Majesty's land and sea forces; (e.) The officers and crew of any ship of war of any Government; (f) The officers and crew of any other vessel landing, during the stay of such vessel, in any port of New South Wales; (g.) Any person duly accredited to New South Wales by or under the authority of the Imperial or any other Government. 3. The immigration into New South Wales, by land or sea, of any person of the class defined in the following sub-section hereinafter called "prohibited immigrant," is prohibited, namely— Any person who, when asked to do so by an officer appointed under this Act, shall fail to write out in his own handwriting in some European language, and sign an application to the Colonial Secretary in the form set out in Schedule (B) of this Act, or in a form of a similar purport proclaimed from time to time by the Governor in substitution of the form set out in such Schedule. 4. Any prohibited immigrant making his way into, or being found within, New South Wales, in disregard of the provisions of this Act, shall be deemed to have contravened this Act, and shall be liable, in addition to any other penalty, to be removed from the Colony, and upon conviction may be sentenced to imprisonment, not exceeding six months, without hard labour: Provided that such imprisonment shall cease for the purpose of deportation of the offender, or if he shall find two approved sureties, each in the sum of 50%., that he will leave the Colony within one month. 5. Any person appearing to be a prohibited immigrant within the meaning of section 3 of this Act shall be allowed to enter New South Wales upon the following conditions: (a.) He shall, before landing, deposit with an officer appointed under this Act the sum of 100%. (b.) If such person shall, within one week after entering New South Wales, obtain from the Colonial Secretary, or a stipendiary or Police Magistrate, a certificate that he does not come within the prohibition of this Act, the deposit of 1007. shall be returned. (c.) If such person shall fail to obtain such certificate within one week, the deposit of 1007. may be forfeited, and he may be -treated as a prohibited immigrant: Provided that, in the case of any person entering New South Wales under this section, no liability |