42Eligible foreign countries

#### 42 Eligible foreign countries A foreign country shall not be declared to be an eligible foreign country for the purposes of this Act unless: (a) it is a party to a convention relating to the protection of circuit layouts and: (i) Australia is also a party to the convention; or (ii) Australia, although not a party to the convention, has taken all necessary steps to become such a party; or (b) the Governor‑General is satisfied that, although the foreign country is not a party to such a convention, provision is or will be made under the law of that country under which adequate protection is or will be given to circuit layouts made by persons referred to in paragraph (a) or (b) of the definition of eligible person in section 5 and to circuit layouts first commercially exploited in Australia.