{"id":"F1996B00279","name":"Circuit Layouts Regulations 1990","slug":"circuit-layouts-regulations-1990","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"302 of 1990","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":28549,"registerId":"commonwealth-F1996B00279-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Circuit Layouts Regulations 1990","content":"![](image.001.png)\n\nCircuit Layouts Regulations 1990\n\nStatutory Rules 1990 No. 302 as amended\n\nmade under the\n\nCircuit Layouts Act 1989\n\nThis compilation was prepared on 21 March 2008 \ntaking into account amendments up to SLI 2008 No. 19\n\nPrepared by the Office of Legislative Drafting and Publishing, \nAttorney‑General’s Department, Canberra\n\nContents\n\n1 Name of regulations \\[see Note 1\\]\n\n2 Definition\n\n3 Eligible foreign countries\n\nNotes\n\n1 Name of regulations \\[see Note 1\\]\n\nThese regulations are the Circuit Layouts Regulations 1990.\n\n2 Definition\n\nIn these Regulations:\n\n> Act means the Circuit Layouts Act 1989.\n\n3 Eligible foreign countries\n\nFor the definition of eligible foreign country in section 5 of the Act, a foreign country is an eligible foreign country if it is:\n\n(a) a member of the World Trade Organization; or\n\n(b) a separate customs territory that is a member of the World Trade Organization; or\n\n(c) a territory (however described) of a member of the World Trade Organization whose membership is extended, in accordance with international law, to include the territory.\n\n> Note For information as to which countries are members of the World Trade Organization, see the World Trade Organization website at http://www.wto.org.\n\n> Notes to the Circuit Layouts Regulations 1990\n\n> Note 1\n\n> Note: The Circuit Layouts Regulations 1990 (in force under the Circuit Layouts Act 1989) as shown in this compilation comprise Statutory Rules 1990 No. 302 amended as indicated in the Tables below.\n\n> Note: Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non‑exempt legislative instruments to be registered on the Federal Register of Legislative Instruments. From 1 January 2005 the Statutory Rules series ceased to exist and was replaced with Select Legislative Instruments (SLI series). Numbering conventions remain the same, ie Year and Number.\n\n> Note: > Note: Table of Instruments\n\n| Year andnumber | Date of notificationin Gazette or FRLI registration | Date ofcommencement | Application, saving ortransitional provisions |\n| -------------- | --------------------------------------------------- | --------------------------------------- | --------------------------------------------- |\n| 1990 No. 302 | 28 Sept 1990 | 1 Oct 1990 (see Gazette 1990, No. S261) | |\n| 1991 No. 459 | 19 Dec 1991 | 19 Dec 1991 | — |\n| 1995 No. 404 | 19 Dec 1995 | 19 Dec 1995 | — |\n| 1998 No. 358 | 22 Dec 1998 | 22 Dec 1998 | — |\n| 2003 No. 336 | 23 Dec 2003 | 23 Dec 2003 | — |\n| 2008 No. 19 | 20 Mar 2008 (see F2008L00778) | 21 Mar 2008 | — |\n\n> Note: > Note: Table of Amendments\n\n```html\n

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

R. 1.................

rs. 1998 No. 358

R. 2.................

rs. 2003 No. 336

R. 3.................

rs. 2008 No. 19

Schedule.............

am. 1991 No. 459

rs. 1995 No. 404; 1998 No. 358

am. 2003 No. 336

rep. 2008 No. 19

\n```","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"Regulation 3 was repealed and substituted in 2008 (Table of Amendments: R.3 rs. 2008 No. 19). The current scope ties eligibility under section 5 of the Act to WTO membership (including separate customs territories and territories covered by a member’s membership). That substitution altered the statutory eligibility test from the prior text and therefore changed which foreign residents can qualify; administrators and applicants must now apply the WTO‑based test."},"complexity_factors":["Single substantive rule: Regulation 3 contains the only operative test for 'eligible foreign country', keeping the instrument short and focused (Reg 3).","Reliance on an external, dynamic list: Eligibility depends on WTO membership, so officials and applicants must monitor a changing international roster (Reg 3; Note referencing WTO website).","Cross‑instrument reference: The definition plugs into the Circuit Layouts Act (see Reg 2: 'Act means the Circuit Layouts Act 1989' and Reg 3 referencing section 5 of the Act), requiring users to consult both instruments.","Interpretive phrase: Clause (c) uses 'a territory ... whose membership is extended, in accordance with international law', which may raise legal questions about when and how membership extensions apply to territories (Reg 3(c)).","Amendment history: Regulation 3 was repealed and substituted in 2008 (Table of Amendments), showing the substantive test has changed in the past and may change again.","Low administrative discretion: The rule is criteria‑based rather than delegate‑driven, reducing procedural complexity for decision‑makers."],"plain_english_summary":"These Regulations specify which foreign countries count as “eligible foreign countries” for the Circuit Layouts Act 1989. Mechanically, a foreign country is eligible if it is a World Trade Organization (WTO) member, a separate customs territory that is a WTO member, or a territory whose inclusion in a WTO member’s membership follows international law. This determines which foreign applicants can seek protection for semiconductor circuit layouts; it shifts the eligibility test to an external, changeable roster (WTO membership), so applicants and administrators must check that status."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":true,"description":"The original 1990 regulations included a Schedule listing specific eligible countries. Over time, this was replaced with a dynamic test (WTO membership), and the Schedule was repealed entirely in 2008. The scope shifted from a fixed list requiring regular amendment to an automatic, self-updating mechanism tied to international trade status. This reduced administrative burden but changed the original legislative technique from prescriptive to referential."},"complexity_factors":["Only 3 operative provisions (regulations 1-3)","Single defined term ('Act')","No cross-references to other legislation beyond the parent Act","Simple conditional logic (three alternative tests in regulation 3, all linked to WTO membership)","No exceptions, exemptions, or nested conditions","Substantive content fits on one page; remaining material is compilation notes and amendment history"],"plain_english_summary":"These regulations support the Circuit Layouts Act 1989, which protects the design of computer chips and other integrated circuits (called 'circuit layouts' or 'topographies').\n\n**What these regulations do:**\n\n* **Define who gets protection:** They specify which foreign countries qualify for protection under Australian law. This matters because the Act gives protection to circuit layouts created by Australian citizens and residents, but also to layouts from overseas—provided those countries are 'eligible foreign countries'.\n\n* **Set the eligibility test:** A country is 'eligible' if it is a member of the **World Trade Organization (WTO)**. This includes:\n * Full WTO member countries;\n * Separate customs territories that are WTO members (like Hong Kong or Taiwan);\n * Territories of WTO members where the membership extends to cover them.\n\n**Why this matters:**\n\nWithout these regulations, foreign chip designers from non-WTO countries wouldn't get automatic protection in Australia for their circuit designs. The regulations ensure Australia meets its international trade obligations while giving Australian chip makers reciprocal protection overseas.\n\n**In short:** If you design computer chips, these rules determine whether your design is protected in Australia based on whether your home country is in the WTO club."}},"importantCases":[],"_links":{"self":"/api/acts/circuit-layouts-regulations-1990","history":"/api/acts/circuit-layouts-regulations-1990/history","analysis":"/api/acts/circuit-layouts-regulations-1990/analysis","conflicts":"/api/acts/circuit-layouts-regulations-1990/conflicts","importantCases":"/api/acts/circuit-layouts-regulations-1990/important-cases","documents":"/api/acts/circuit-layouts-regulations-1990/documents"}}