96ACrown use of designs—emergencies

#### 96A Crown use of designs—emergencies (1) Use of a design in the circumstances mentioned in subsection (3) is not an infringement of a registered design. (2) Despite subsection (1), if terms relating to the use of the design have been agreed or determined in accordance with section 98, the use of the design is an infringement unless the terms are complied with. (3) The circumstances are as follows: (a) the relevant Minister considers that the use of the design is required because of an emergency, including an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates; (b) the relevant Minister approves, in writing, the use of the design before the use starts; (c) the design is used for Crown purposes; (d) if the use of the design is by a person authorised by a relevant authority for the purposes of subparagraph 95(2)(b)(ii)—the person is authorised by the relevant authority before the use starts. (4) As soon as practicable after the relevant Minister approves the proposed use of the design, the relevant Minister must give the applicant and the entitled person, or the registered owner: (a) a copy of the approval referred to in paragraph (3)(b); and (b) a written statement of reasons for approving the use of the design. > Note: Section 25D of the Acts Interpretation Act 1901 sets out rules about the contents of a statement of reasons. (5) An approval given under paragraph (3)(b) is not a legislative instrument.