- Recent changes to the Patents Act 1990 (Cth) and the Designs Act 2003 (Cth) give Commonwealth, state and territory governments the power to exploit patent and design rights in an emergency.
- These Acts also permit the Commonwealth, state and territory governments to exploit rights outside an emergency, though the process is more onerous.
- The Copyright Act 1968 (Cth) permits Commonwealth and state governments to use private works with immunity, in an emergency or otherwise.
- While "the Crown" is referenced within each Act, the power is generally available to the Commonwealth, state and territory governments and anyone they authorise.
- All three Acts provide for some form of compensation, though in some circumstances it may be impossible to reach a firm conclusion on what is fair and reasonable.