Designs Act 2003 (Cth)
This is a compilation of the
The notes at the end of this compilation (the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
This Act may be cited as the
Designs Act 2003 .
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
Sections 1 and 2 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent | 17 December 2003 |
Sections 3 to 161 | A single day to be fixed by Proclamation, subject to subsection (3) | 17 June 2004 |
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.
(3) If a provision covered by item 2 of the table does not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.
(1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.
(2) Nothing in this Act makes the Crown liable to be prosecuted for an offence.
This Act extends to:
(a) each external Territory; and
(b) the continental shelf; and
(c) the waters above the continental shelf; and
(d) the airspace above Australia, each external Territory and the continental shelf.
In this Act, unless the contrary intention appears:
Agency has the same meaning as in thePublic Service Act 1999 .
artistic work has the same meaning as in theCopyright Act 1968 .
Australia includes each external Territory.
authority , in relation to the Commonwealth, a State or a Territory, means a body established for a public purpose by or under a law of the Commonwealth, State or Territory.
certificate of examination means a certificate of examination of a registered design issued under Chapter 5.
Commonwealth includes a Commonwealth authority.
complex product means a product comprising at least 2 replaceable component parts permitting disassembly and re‑assembly of the product.
continental shelf means the continental shelf of Australia as defined in theSeas and Submerged Lands Act 1973 .
Convention country has the meaning given by section 5A.
corresponding design , in relation to an artistic work, has the same meaning as in Division 8 of Part III of theCopyright Act 1968 .
Deputy Registrar means a Deputy Registrar appointed under section 123.
design , in relation to a product, means the overall appearance of the product resulting from one or more visual features of the product.Note: See also section 8.
design application means an application filed under section 21.
Designs Office means the Designs Office established by section 125.
employee means a person, other than the Registrar or a Deputy Registrar, who:
(a) is a person engaged under the
Public Service Act 1999 and is employed in the Designs Office; or(b) is not such a person but performs services, in the Designs Office, for or on behalf of the Commonwealth.
entitled person , in relation to a design, means a person entitled under section 13 to be entered in the Register as the registered owner of the design.
examination , in relation to a design, means examination of the design under section 65.
exclusive licensee has the meaning given by section 5B.
Federal Court means the Federal Court of Australia.
file means file with the Designs Office.Note: Section 144 deals with filing.
filing date has the meaning given by section 26.
head , in relation to the Designs Office of a Convention country, means the official chief (however described) of that Office.
infringement proceedings means an action or proceedings for the infringement of a registered design.
initial application has the meaning given by section 23.
legal personal representative , in relation to a deceased person, means a person to whom:
(a) probate of the will of the deceased person; or
(b) letters of administration of the estate of the deceased person; or
(c) other like grant;
has been granted, whether in Australia or elsewhere.
legal practitioner means a barrister or solicitor of the High Court of Australia or of the Supreme Court of a State or Territory.
Locarno Agreement means the Agreement establishing an International Classification for Industrial Design, signed at Locarno on 8 October 1968.
minimum filing requirements has the meaning given by section 21.
PPSA security interest (short for Personal Property Securities Act security interest) means a security interest within the meaning of thePersonal Property Securities Act 2009 and to which that Act applies, other than a transitional security interest within the meaning of that Act.Note 1: The
Personal Property Securities Act 2009 applies to certain security interests in personal property. See the following provisions of that Act:(a) section 8 (interests to which the Act does not apply);
(b) section 12 (meaning of
security interest );(c) Chapter 9 (transitional provisions).
Note 2: For the meaning of
transitional security interest , see section 308 of thePersonal Property Securities Act 2009 .
preferred means :
(a) in relation to filing a document with the Designs Office—means the means specified under subsection 144A(4); or
(b) in relation to paying a fee—means the means specified under subsection 130A(4).
prescribed court means the following:
(a) the Federal Court of Australia;
(aa) the Federal Circuit and Family Court of Australia (Division 2);
(b) the Supreme Court of a State;
(c) the Supreme Court of the Australian Capital Territory;
(d) the Supreme Court of the Northern Territory;
(e) the Supreme Court of Norfolk Island.
prior art base has the meaning given by section 15.
priority date , in relation to a design, means the priority date of the design under section 27.
product has the meaning given by section 6.
Register means the Register of Designs mentioned in section 111.
registered means registered under this Act.
registered design , at a particular time, means a design that is registered at that time.
registered owner has the meaning given by section 14.
registered patent attorney has the same meaning as in thePatents Act 1990 .
registered trade marks attorney has the same meaning as in theTrade Marks Act 1995 .
registrable design has the meaning given by section 15.
Registrar means the Registrar of Designs holding office under this Act.
relevant authority means:
(a) in relation to the use of a design by or for the Commonwealth—the Commonwealth; or
(b) in relation to the use of a design by or for a State—that State; or
(c) in relation to the use of a design by or for a Territory—that Territory.
relevant Minister has the meaning given by subsection 96(5).
relevant parties , in relation to the examination of a design under Chapter 5, means:
(a) the registered owner of the design; and
(b) the person who requested the examination; and
(c) each person who is entered on the Register as having an interest in the design.
relevant proceedings , in relation to a registered design, means court proceedings:
(a) for infringement of the registered design; or
(b) for revocation of the registration of the design; or
(c) in which the validity of the registration of the design is in dispute.
representation means a drawing, tracing or specimen of a product embodying a design or a photograph of such a drawing, tracing or specimen.
services of a relevant authority has a meaning affected by subsection 95(5).
State includes a State authority.
term of registration has the meaning given by section 46.
Territory includes a Territory authority.
used for Crown purposes has the meaning given by subsection 95(2).
visual feature has the meaning given by section 7.
(1) In this Act:
Convention country means a foreign country or region of a kind prescribed by the regulations.(2) Despite subsection 14(2) of the
Legislation Act 2003 , regulations made for the purposes of this section may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in any other instrument or other writing as in force or existing from time to time.
(1) For the purposes of this Act, an
exclusive licensee is a licensee under a licence granted by the registered owner of a registered design that confers on the licensee, or on the licensee and persons authorised by the licensee, the exclusive rights in the design mentioned in paragraphs 10(1)(a) to (e) to the exclusion of the registered owner and all other persons.(2) Subsection (1) applies whether or not the licence also confers on the licensee the exclusive right in the design mentioned in paragraph 10(1)(f) to the exclusion of the registered owner and all other persons.
(1) For the purposes of this Act, a thing that is manufactured or hand made is a product (but see subsections (2), (3) and (4)).
(2) A component part of a complex product may be a product for the purposes of this Act, if it is made separately from the product.
(3) A thing that has one or more indefinite dimensions is only a product for the purposes of this Act if any one or more of the following applies to the thing:
(a) a cross‑section taken across any indefinite dimension is fixed or varies according to a regular pattern;
(b) all the dimensions remain in proportion;
(c) the cross‑sectional shape remains the same throughout, whether or not the dimensions of that shape vary according to a ratio or series of ratios;
(d) it has a pattern or ornamentation that repeats itself.
(4) A kit which, when assembled, is a particular product is taken to be that product.
(1) In this Act:
visual feature , in relation to a product, includes the shape, configuration, pattern and ornamentation of the product.(2) A visual feature may, but need not, serve a functional purpose.
(3) The following are not visual features of a product:
(a) the feel of the product;
(b) the materials used in the product;
(c) in the case of a product that has one or more indefinite dimensions:
(i) the indefinite dimension; and
(ii) if the product also has a pattern that repeats itself—more than one repeat of the pattern.
In this Act, a reference to a design is a reference to a design in relation to a product.
The following is a simplified outline of this Chapter:
This Chapter sets out matters relating to design rights.
Part 2 specifies the exclusive rights of the registered owners of a registered design.
Part 3 specifies:
(a) who is entitled to be registered as the owner of an unregistered design; and
(b) who is the registered owner of a registered design.
Part 4 defines the key concepts of
registrable design ,newness ,distinctiveness andsubstantial similarity . These concepts are important because:
(a) in examining a design under Chapter 5, the Registrar must decide whether it is new and distinctive when compared to the prior art base; and
(b) in deciding whether a person has infringed a registered design under Chapter 6, a court must consider whether the allegedly infringing design is substantially similar in overall impression to the registered design.
(1) The registered owner of a registered design has the exclusive right, during the term of registration of the design:
(a) to make or offer to make a product, in relation to which the design is registered, which embodies the design; and
(b) to import such a product into Australia for sale, or for use for the purposes of any trade or business; and
(c) to sell, hire or otherwise dispose of, or offer to sell, hire or otherwise dispose of, such a product; and
(d) to use such a product in any way for the purposes of any trade or business; and
(e) to keep such a product for the purpose of doing any of the things mentioned in paragraph (c) or (d); and
(f) to authorise another person to do any of the things mentioned in paragraph (a), (b), (c), (d) or (e).
(2) The exclusive rights mentioned in subsection (1) are personal property and are capable of assignment and of devolution by will or by operation of law.
(3) This section is subject to this Act.
(1) The registered owner of a registered design may assign all or part of the registered owner’s interest in the design by writing.
(2) An assignment under subsection (1) must be signed by, or on behalf of, the assignor and the assignee.
(3) An assignment under subsection (1) may be for a particular place.
Note: Section 114 deals with amendments to the Register to record the assignment of an interest in a design.
(1) The registered owner of a registered design may, subject to any rights appearing in the Register to be vested in another person, deal with the registered owner’s interest in the design as absolute owner of it, and give good discharges for any consideration for such dealing.
(2) However, subsection (1) does not protect a person who deals with the registered owner of a registered design otherwise than as a purchaser in good faith for value and without notice of any fraud on the part of the registered owner.
(2A) Despite subsection (1), the recording in the Register of a right that is a PPSA security interest does not affect a dealing with an interest in a registered design.
(3) Equities in relation to a registered design may be enforced against the registered owner, except to the prejudice of a purchaser in good faith for value.
(4) Subsection (3) does not apply in relation to an equity that is a PPSA security interest.
Note: The
Personal Property Securities Act 2009 deals with the rights of purchasers of personal property (including intellectual property such as designs) that is subject to PPSA security interests. That Act also provides for the priority and enforcement of PPSA security interests. See the following provisions of that Act:(a) Part 2.5 (taking personal property free of security interests);
(b) Part 2.6 (priority between security interests);
(c) Chapter 4 (enforcement of security interests).
(1) A person mentioned in any of the following paragraphs is entitled to be entered on the Register as the registered owner of a design that has not yet been registered:
(a) the person who created the design (the
designer );(b) if the designer created the design in the course of employment, or under a contract, with another person—the other person, unless the designer and the other person have agreed to the contrary;
(c) a person who derives title to the design from a person mentioned in paragraph (a) or (b), or by devolution by will or by operation of law;
(d) a person who would, on registration of the design, be entitled to have the exclusive rights in the design assigned to the person;
(e) the legal personal representative of a deceased person mentioned in paragraph (a), (b), (c) or (d).
(2) Despite subsection (1), a person is not entitled to be entered on the Register as the registered owner of a design that has not yet been registered if:
(a) the person has assigned all of the person’s rights in the design to another person; or
(b) the person’s rights in the design have devolved on another person by operation of law.
(3) To avoid doubt:
(a) more than one person may be entitled to be entered on the Register as the registered owner of a design; and
(b) unless the contrary intention appears, a reference to the registered owner of a registered design in this Act is a reference to each of the registered owners of the design.
(4) No person other than a person mentioned in paragraph (1)(a), (b), (c), (d) or (e) is entitled to be entered on the Register as the registered owner of a design that has not yet been registered.
(1) The registered owner of a registered design at a particular time is:
(a) the person who, at that time, is entered in the Register as the registered owner of the design; or
(b) if, at that time, there are 2 or more such persons—each of them.
(2) If there are 2 or more registered owners of a registered design:
(a) each of them is entitled to an equal, undivided share in the exclusive rights in that design; and
(b) subject to paragraph (c), each registered owner is entitled to exercise the exclusive rights in the design to the registered owner’s own benefit without accounting to the others; and
(c) none of them can grant a licence to exercise the exclusive rights in the design, or assign an interest in the design, without the consent of the others.
(3) If a product that embodies a registered design is sold by any of 2 or more registered owners of the design, the buyer, and a person claiming through the buyer, may deal with the product as if it had been sold by all the registered owners.
(4) Subsection (2) is subject to any contrary agreement between the registered owners of a registered design.
(1) A design is a
registrable design if the design is new and distinctive when compared with the prior art base for the design as it existed before the priority date of the design.(2) The
prior art base for a design (thedesignated design ) consists of:(a) designs publicly used in Australia; and
(b) designs published in a document within or outside Australia; and
(c) designs in relation to which each of the following criteria is satisfied:
(i) the design is disclosed in a design application;
(ii) the design has an earlier priority date than the designated design;
(iii) the first time documents disclosing the design are made available for public inspection under section 60 is on or after the priority date of the designated design.
Note: For
document , see section 2B of theActs Interpretation Act 1901 .
(1) A design is new unless it is identical to a design that forms part of the prior art base for the design.
(2) A design is distinctive unless it is substantially similar in overall impression to a design that forms part of the prior art base for the design (see section 19).
(3) Subject to paragraph 15(2)(c), the newness or distinctiveness of a design is not affected by the mere publication or public use of the design in Australia on or after the priority date of the design, or by the registration of another design with the same or a later priority date.
(1) For the purpose of deciding whether a design (the
subject design ) is new and distinctive, the person making the decision must disregard any of the following publications or uses that occur in the period of 12 months ending at the end of the day before the priority date in relation to the subject design:(a) a publication or use of a design (which may or may not be the subject design) by a relevant entity;
(b) a publication or use of a design (which may or may not be the subject design) by another person or body that derived or obtained the design from a relevant entity.
Note: For
relevant entity , see subsection (1D).(1A) Subsection (1) applies in relation to a publication or use that occurs on or after the commencement of Schedule 1 to the
Designs Amendment (Advisory Council on Intellectual Property Response) Act 2021 (whether the 12‑month period referred to in that subsection begins before, on or after that commencement).(1B) Paragraph (1)(b) does not apply to the following publications:
(a) a publication by the Registrar under this Act;
(b) a publication by a person or body in a foreign country if:
(i) the person or body has functions similar to the Registrar’s functions; and
(ii) the publication is under a law of that foreign country relating to designs;
(c) a publication by an agency or organisation that is established under, or in accordance with, an international agreement if:
(i) the agency or organisation has functions including publishing designs to the public; and
(ii) the publication is in accordance with an international agreement relating to designs or with a law relating to designs.
(1C) For the purposes of paragraph (1)(b), if:
(a) the registered owner of the subject design establishes that:
(i) a relevant entity; or
(ii) another entity in accordance with an authorisation from a relevant entity;
published or publicly used a design (the
first design and which may or may not be the subject design) before a particular publication or use of a design (theother design ) by another person or body; and(b) the other design is identical to, or substantially similar in overall impression to, the first design;
then it must be presumed that the other person or body derived or obtained the other design from the relevant entity, unless it is established that the other person or body created the other design without reference to, or knowledge of, the first design.
(1D) For the purposes of this section, a
relevant entity is:(a) the registered owner of the subject design; or
(b) any predecessor in title of the registered owner; or
(c) the person who created the subject design if that person is not covered by paragraph (a) or (b).
(1E) If a use of a design is to be disregarded because of subsection (1), then that use must also be disregarded for the purposes of section 18.
(2) For the purpose of deciding whether a design is new and distinctive, the person making the decision must disregard:
(a) any information given by, or with the consent of, the registered owner of the design, or the registered owner’s predecessor in title, to any of the following, but to no other person or organisation:
(i) the Commonwealth, a State or a Territory;
(ii) a person authorised by the Commonwealth, a State or a Territory to investigate the design; and
(b) anything done for the purpose of an investigation mentioned in subparagraph (a)(ii).
(1) This section applies if:
(a) copyright under the
Copyright Act 1968 subsists in an artistic work; and(b) an application is made by, or with the consent of, the owner of that copyright for registration of a corresponding design.
(2) The design is not to be treated, for the purposes of this Act, as being other than new and distinctive, or as having been published, by reason only of any use previously made of the artistic work, unless:
(a) the previous use consisted of, or included, the sale, letting for hire or exposing for sale or hire of products to which the design had been applied industrially, other than products specified in regulations for the purposes of paragraph 43(1)(a); and
(b) the previous use was by, or with the consent of, the owner of the copyright in the artistic work.
Note: Certain uses of the design are disregarded: see subsection 17(1E).
(3) In this section:
applied industrially has the meaning given by regulations under section 77 of theCopyright Act 1968 .
(1) If a person is required by this Act to decide whether a design is substantially similar in overall impression to another design, the person making the decision is to give more weight to similarities between the designs than to differences between them.
(2) The person must also:
(a) have regard to the state of development of the prior art base for the design; and
(b) if the design application in which the design was disclosed included a statement (a
statement of newness and distinctiveness ) identifying particular visual features of the design as new and distinctive:(i) have particular regard to those features; and
(ii) if those features relate to only part of the design—have particular regard to that part of the design, but in the context of the design as a whole; and
(c) if only part of the design is substantially similar to another design, have regard to the amount, quality and importance of that part in the context of the design as a whole; and
(d) have regard to the freedom of the creator of the design to innovate.
(3) If the design application in which the design was disclosed did not include a statement of newness and distinctiveness in respect of particular visual features of the design, the person must have regard to the appearance of the design as a whole.
(4) In applying subsections (1), (2) and (3), the person must apply the standard of a person (the
familiar person ) who is familiar with the product to which the design relates, or products similar to the product to which the design relates (whether or not the familiar person is a user of the product to which the design relates or of products similar to the product to which the design relates).(5) In this section, a reference to a person includes a reference to a court.
The following is a simplified outline of this Chapter:
This Chapter sets out the rules relating to design applications.
Part 2 provides that a person may file a design application in relation to one or more designs.
If the design application meets the minimum filing requirements, the design application is allocated a filing date, and each design disclosed in it obtains a
priority date .Under Chapter 4, a person who has filed a design application may, within the prescribed period, request registration of all or any of the designs disclosed in the application.
Part 3 deals with amendment and withdrawal of design applications.
Part 4 deals with the lapsing of design applications.
(1) A person may file an application (a
design application ) in respect of a design.(2) A design application must comply with:
(a) any requirements prescribed by the regulations in relation to representations of designs disclosed in the application; and
(b) any other requirements prescribed by the regulations.
These are the
minimum filing requirements .(3) A design application may be made by more than one person.
(4) A design application must specify the entitled person or persons in relation to the designs disclosed in the design application.
(1) A single design application may be in respect of:
(a) one design in relation to one product; or
(b) one design that is a common design in relation to more than one product; or
(c) more than one design in relation to one product; or
(d) more than one design in relation to more than one product, if each product belongs to the same Locarno Agreement class.
(2) If more than one design is disclosed in a design application, the entitled person or persons must be the same in relation to each design.
Note: This means that a separate application must be made in respect of designs with a different entitled person or persons.
(3) To avoid doubt, a design that is a common design in relation to more than one product is a design in relation to each product.
(1) If:
(a) one or more designs are disclosed in a design application (the
initial application ); and(b) after the initial application is filed, it is amended under section 28 to exclude one or more of those designs (the
excluded designs ); and(c) the initial application has not lapsed or been withdrawn; and
(d) none of the designs in the initial application has been registered;
the applicant may file a design application under section 21 in respect of one or more of the excluded designs.
(2) An application in respect of one or more excluded designs must be filed within the period prescribed by the regulations.
(3) To avoid doubt, an application in respect of one or more excluded designs must not include a design that has been withdrawn under subsection 32(2) from the initial application or refused registration.
(1) If a design application meets the minimum filing requirements mentioned in subsection 21(2), the Registrar must, by notification to the applicant, state:
(a) that the design application meets the minimum filing requirements; and
(b) the filing date of the application; and
(c) if the design application was not accompanied by a request for registration of each design disclosed in the application—that such a request may be made under section 35 and state the effect of subsections 35(4) and (5).
(2) If a purported design application does not meet the minimum filing requirements, the Registrar must notify the applicant to that effect. The notification must:
(a) identify each minimum filing requirement that has not been met; and
(b) require the applicant to file the additional information required within 2 months, or such other period as is prescribed, from the date of the notification.
(3) If the minimum filing requirements are not met within the period under paragraph (2)(b), the application is taken never to have been filed.
The Registrar must publish, in the manner prescribed by the regulations, the details prescribed by the regulations in relation to each design application that meets the minimum filing requirements.
A design application has the filing date determined in accordance with the regulations.
(1) The priority date of a design disclosed in a design application that meets the minimum filing requirements is:
(a) the filing date of the design application; or
(b) if, before the design application was filed, an application for protection in respect of the design had been made in a Convention country in accordance with the regulations—the date prescribed by the regulations; or
(c) if the regulations provide for a different date as the priority date—the date prescribed by the regulations.
(2) If more than one design is disclosed in a design application, the designs may have different priority dates.
(1) The Registrar may amend a design application if requested to do so by the applicant.
(2) A request under subsection (1) must be made in the manner prescribed by the regulations.
(3) Despite subsection (1), the Registrar must not amend:
(a) any representations included in the design application; or
(b) any other documents accompanying the design application;
in so far as they define a design disclosed in the design application, in such a way as to alter the scope of the application by the inclusion of matter which was not in substance disclosed in the original design application, representations or other documents.
(4) In this section:
amend , in relation to a representation of a design disclosed in a design application, includes the substitution of one representation for another representation.(5) An appeal lies to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) against a decision of the Registrar under this section.
(1) This section applies if a dispute arises between 2 or more persons in relation to whether, or in what manner, a design application should proceed.
(2) The Registrar may, on a request made in accordance with the regulations by any of the persons, make any determinations the Registrar thinks fit for either or both of the following purposes:
(a) enabling the application to specify which of those persons is an entitled person in relation to a design disclosed in the application;
(b) regulating the manner in which the application is to proceed.
(3) A person mentioned in subsection (1) or (2) must be:
(a) the applicant; or
(b) a person who asserts that the person is an entitled person in relation to a design disclosed in the application.
(1) A person may ask the Registrar to direct that a design application specify the person as:
(a) an applicant; or
(b) an entitled person in relation to a design disclosed in the application.
(2) The Registrar may give the direction if the person would, if the design were registered, be entitled under an assignment or agreement, or by operation of law, to:
(a) the registered design or an interest in it; or
(b) an undivided share in the registered design or in such an interest.
(3) If the Registrar gives the direction:
(a) the person is taken to be an applicant or an entitled person in relation to the design, as the case requires; and
(b) the application is taken to be amended accordingly.
(4) A request under subsection (1) must be in accordance with the regulations.
The Registrar must publish the details prescribed by the regulations in relation to a design application amended by the Registrar under this Part.
(1) A person who has filed a design application may withdraw the application by written notice filed within the period prescribed by the regulations.
(2) A person who has filed a design application in respect of more than one design may withdraw one or more of those designs from the application by written notice filed within the period prescribed by the regulations.
(3) If the design application was filed by more than one person, the notice is not effective unless each of them consented to the giving of the notice.
(4) If a design is withdrawn from a design application, the person or persons who withdrew the design may not subsequently request registration of the design under Part 2 of Chapter 4 unless the person makes another application in respect of the design under section 21.
(1) A design application lapses if the Registrar has given the applicant a notification under section 41 in respect of the application, and the applicant has not, within the period prescribed by the regulations:
(a) requested that the application be amended; or
(b) responded in writing to the notification as mentioned in subparagraph 41(c)(ii);
in such a way that the Registrar is satisfied that the application meets the applicable requirements of Chapter 4.
(2) If the Registrar has, under section 137, extended a period within which a thing mentioned in subsection (1) is to be done, a reference in subsection (1) to a period is a reference to the extended period.
(4) The Registrar must publish a notice stating that a design application has lapsed under subsection (1). The notice must satisfy the requirements prescribed by the regulations.
The following is a simplified outline of this Chapter:
Part 2 permits an applicant to request registration of all or any of the designs disclosed in a design application. If the applicant does not request registration of a design within a period prescribed by the regulations, the applicant is taken to have made the request.
The Registrar must register the designs under Part 3 if specified requirements are satisfied.
The Registrar must refuse to register certain designs (see section 43).
Registration of a design is for a maximum of 10 years (see Division 3 of Part 3).
The registration of a design may be revoked on grounds relating to entitled persons (see Division 4 of Part 3).
Registered designs and associated documents are open for public inspection (see Part 5).
Actual requests for registration (1) An applicant may request registration of one or more designs disclosed in a design application.
(2) The request must be:
(a) included in the design application; or
(b) made within the period prescribed by the regulations.
(3) The request must be in accordance with any requirements prescribed by the regulations.
Deemed requests for registration (4) If:
(a) one design is disclosed in a design application; and
(b) at the end of the period applicable under paragraph (2)(b):
(i) the applicant has not made a request in relation to the design in accordance with subsections (1) to (3); and
(ii) the applicant has not withdrawn the application in accordance with section 32;
then the applicant is taken to have requested that the design be registered.
(5) If:
(a) more than one design is disclosed in a design application; and
(b) for a design (the
subject design ) disclosed in the application, at the end of the period applicable under paragraph (2)(b) in relation to the subject design:
(i) the applicant has not made a request in relation to the subject design in accordance with subsections (1) to (3); and
(ii) the subject design has not been excluded from the application by an amendment under section 28; and
(iii) the applicant has not withdrawn the application in accordance with section 32; and
(iv) the applicant has not withdrawn the subject design from the application in accordance with section 32;
then the applicant is taken to have requested that the subject design be registered.
Note: Subsection (5) applies separately in relation to each design that is disclosed in the design application.
Relationship with section 36 (6) This section is subject to section 36.
A person who files a design application (the
later application ) in respect of designs excluded from an initial application is taken, at the time the later application is filed, to have requested registration of all the designs disclosed in the later application.
(1) This section applies to a design disclosed in a design application if:
(a) the design is the only design disclosed in the application; and
(b) the applicant has requested that the design be registered (including a request taken to have been made under subsection 35(4)).
(2) The Registrar must register the design if the Registrar is satisfied that:
(a) the design application satisfies the formalities check specified in the regulations; and
(aa) the design application complies with the formal requirements determined in an instrument under section 149A; and
(b) if the design is purportedly a common design in relation to more than one product—that the design is a common design in relation to each product; and
(c) the Registrar is not required to refuse to register the design under subsection 43(1).
(1) This section applies if:
(a) more than one design is disclosed in a design application; and
(b) the applicant has requested registration of one or more of those designs (including a request taken to have been made under subsection 35(5)).
(2) The Registrar must register a design requested to be registered if the Registrar is satisfied of the following:
(a) that each product to which the design relates belongs to the same Locarno Agreement class;
(b) if the design requested to be registered is purportedly a common design in relation to more than one product—that the design is a common design in relation to each product;
(c) that the design application satisfies the formalities check specified in the regulations;
(ca) that the design application complies with the formal requirements determined in an instrument under section 149A;
(d) that the Registrar is not required to refuse to register the design under subsection 43(1).
If the Registrar is not satisfied as mentioned in section 39 or 40 in relation to a design application, the Registrar must notify the applicant:
(a) of the matters in relation to which the Registrar is not satisfied; and
(b) that the applicant may request that the Registrar amend the application under section 28; and
(c) that the application will lapse at the end of the period prescribed by the regulations for the purposes of subsection 33(1) unless, during that period:
(i) the application is amended; or
(ii) the applicant responds in writing to the notification stating why the applicant considers that the application does not need to be amended;
and as a result of the amendment or response, the Registrar is satisfied as mentioned in section 39 or 40, as the case requires.
(1) This section applies if the Registrar has given a notification to an applicant under section 41.
(2) If the applicant requests that the Registrar amend the application, the Registrar must consider the request under section 28.
(3) If the applicant responds in writing to the notification as mentioned in subparagraph 41(c)(ii), the Registrar must consider the response.
(4) If, after considering the request or response, the Registrar is satisfied as mentioned in section 39 or 40 in relation to the design application, the Registrar must register the design or designs disclosed in the application under whichever of those sections applies.
(5) If, after considering the request or response, the Registrar is not satisfied as mentioned in section 39 or 40 in relation to the design application, the Registrar may either:
(a) refuse to register the design or designs under section 43; or
(b) give a further notification to the applicant under section 41.
(1) The Registrar must refuse to register a design if:
(a) the design is a design, or belongs to a class of designs, prescribed by the regulations for the purposes of this paragraph; or
(b) the Registrar must not register the design because of section 18 of the
Olympic Insignia Protection Act 1987 ; or(c) the design is in relation to a product that is:
(i) an integrated circuit within the meaning of the
Circuit Layouts Act 1989 ; or(ii) part of such an integrated circuit; or
(iii) a mask used to make such an integrated circuit; or
(d) the design is subject to an order under section 108.
(2) Subject to section 42, the Registrar must refuse to register a design disclosed in a design application in respect of which the Registrar has given a notification under section 41, if the applicant has not:
(a) amended the application; or
(b) responded in writing to the notification stating why the applicant considers that the application does not need to be amended;
in such a way that the Registrar is satisfied as mentioned in section 39 or 40 in relation to the design application.
(3) The Registrar must notify the applicant of a refusal under subsection (1) or (2) and of the reasons for the refusal.
Despite paragraph 43(1)(d), if:
(a) the Registrar refuses to register a design because the design is subject to an order under section 108; and
(b) the order is later revoked; and
(c) at the date of the revocation of the order, the design would, but for the operation of section 108, have been registered;
the Registrar must register the design within the period prescribed by the regulations.
(1) This section applies if the Registrar is required to register a design under this Act.
(2) The Registrar must enter in the Register the particulars mentioned in section 111, to the extent that they are applicable.
(3) The Registrar must issue a certificate of registration to the applicant. The certificate must satisfy the requirements prescribed by the regulations.
(4) The Registrar must publish a notice stating that the design has been registered. The notice must satisfy the requirements prescribed by the regulations.
(1) The term of registration of a design is:
(a) 5 years from the filing date of the design application in which the design was first disclosed; or
(b) if the registration of the design is renewed under section 47—10 years from the filing date of the design application in which the design was first disclosed.
(2) If a design has been excluded from an initial application (see section 23), the design application in which the design was first disclosed is taken, for the purposes of subsection (1), to be the initial application.
(1) The registered owner of a registered design may apply for renewal of the registration of the design.
(2) The application must be made within the prescribed period after the filing date of the design application in which the design was first disclosed.
(3) The Registrar must renew the registration of the design if the application satisfies the requirements prescribed by the regulations.
(4) To avoid doubt, if:
(a) the registered owner of a registered design applies for renewal of the registration of the design; and
(b) the application is made within the period prescribed for the purposes of subsection (2) and the application satisfies the requirements prescribed for the purposes of subsection (3); and
(c) the Registrar renews the registration of the design; and
(d) the renewal occurs after the end of the period mentioned in paragraph 46(1)(a);
then the registration of the design does not cease during the period beginning on the day after the end of the period mentioned in paragraph 46(1)(a) and ending on the day the renewal occurs.
(1) The registration of a design ceases if an examination of the design has been requested and:
(a) within the period prescribed for the purposes of paragraph 65(3)(b), the Registrar is not satisfied as mentioned in paragraph 67(1)(a) or 68(1)(a); or
(b) the registered owner of the design has not paid the prescribed fee for the examination by the end of the period prescribed for payment.
(2) The registration of a design also ceases at the end of the period mentioned in paragraph 46(1)(a) or (b), as the case requires.
(3) If:
(a) a registered design was, at the time of registration, a corresponding design in relation to an artistic work in which copyright subsisted under the
Copyright Act 1968 ; and(b) the design would not have been registered under this Act apart from section 18; and
(c) the copyright in the artistic work under the
Copyright Act 1968 expires before the date on which registration of the design would (apart from this subsection) cease to be in force;
the registration of the design ceases at the same time as the expiry of the copyright in the artistic work, and must not be extended after that time.
(4) If the registration of a design ceases under subsection (1), any certificate of examination that was in force in respect of the design at the time the registration ceased is taken to be revoked at that time.
(1) The registered owner of a registered design may offer to surrender the registration of the design.
(2) If there is more than one registered owner of the design, an offer under subsection (1) must be made by all the registered owners.
(3) An offer under subsection (1):
(a) may be made at any time; and
(b) must be in writing and filed; and
(c) must contain the information prescribed by the regulations.
(1) This section applies if the Registrar receives an offer to surrender the registration of a design under subsection 49(1).
(2) The Registrar must:
(a) notify the persons prescribed by the regulations of the offer; and
(b) give such persons an opportunity to make submissions in the manner, and within the period, prescribed by the regulations.
(3) The Registrar may accept the offer, revoke the registration of the design and make an entry in the Register under section 115 after doing the things mentioned in subsection (2).
(4) If proceedings in a court have been brought and not completed in relation to the design, the Registrar must not accept the offer to surrender the registration of the design unless:
(a) the court consents; or
(b) all the parties to the proceedings consent.
(5) If a compulsory licence is in force in relation to the design, the Registrar must not accept the offer to surrender the registration of the design.
(6) An appeal lies to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) against a decision of the Registrar under this section.
(1) A person may apply to the Registrar for revocation under section 52 of the registration of a design.
(2) An application under subsection (1) must:
(a) contain the information prescribed by the regulations; and
(b) be made in the manner prescribed by the regulations.
(1) This section applies if a person makes an application under section 51 for revocation of the registration of a design.
(2) If the Registrar is satisfied that:
(a) a person or persons were entitled persons at the time the design was first registered, and one or more of the original registered owners of the design was not an entitled person at that time; or
(b) each original registered owner of the design was an entitled person at the time when the design was first registered, but another person or persons were also entitled persons at that time;
the Registrar may make a written declaration specifying that a person whom the Registrar is satisfied was an entitled person at the time the design was first registered is an entitled person under this subsection.
(3) If the Registrar makes a declaration under subsection (2), the Registrar must:
(a) notify the relevant parties that the registration of the design is revoked; and
(b) make an entry in the Register under section 115.
(4) The Registrar must also publish a notice that satisfies the requirements prescribed by the regulations and that states that the registration of the design has been revoked and that the design is taken never to have been registered.
(5) The Registrar must not revoke the registration of a design under this section unless the Registrar has given each original registered owner a reasonable opportunity to be heard.
(6) The Registrar must not revoke the registration of a design under this section while relevant proceedings in relation to that design are pending.
(7) An appeal lies to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) against a decision of the Registrar under this section.
(1) This section applies if, in any proceedings in a court in relation to a design, the court is satisfied either:
(a) that a person or persons were entitled persons at the time the design was first registered, and one or more of the original registered owners of the design was not an entitled person at that time; or
(b) that each original registered owner of the design was an entitled person at the time the design was first registered, but that another person or persons were also entitled persons at that time.
(2) In addition to any other order it may make in the proceedings, the court may declare that a person whom the court is satisfied was an entitled person at the time the design was first registered is an entitled person under this subsection.
(3) The court may not make an order under subsection (2) unless the registration of the design has been revoked.
(1) This section applies if:
(a) the Registrar revokes the registration of a design under section 50; and
(b) the Registrar is satisfied on application by one or more persons in accordance with the regulations:
(i) that one or more of the original registered owners was not an entitled person at the time the design was first registered, and another person or persons were entitled persons at that time; or
(ii) that each original registered owner of the design was an entitled person at the time the design was first registered, but another person or persons were entitled persons at that time.
(2) The Registrar may make a written declaration specifying that a person whom the Registrar is satisfied was an entitled person at the time the design was first registered is an entitled person under this subsection.
(3) The Registrar must not make a declaration under subsection (2) without first giving each original registered owner a reasonable opportunity to be heard.
(4) An appeal lies to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) against a decision of the Registrar to make, or refuse to make, a declaration under subsection (2).
One or more persons declared to be entitled persons in relation to a design under section 52, 53 or 54 may file an application in respect of the design under section 21, and if they do so, the design has the same priority date as it had in the application in which it was first disclosed.
In this Division:
original registered owner , in relation to a design, means each person entered in the Register as the registered owner at the time the design was first registered.
(1) After a design is registered, the Registrar must make the following documents available for public inspection:
(a) the design application in which the design was disclosed;
(b) any representations that were included in the design application;
(c) any statement of newness and distinctiveness in respect of the design that was included in the application;
(d) any document filed in relation to the design (whether before or after its registration);
(e) any document sent by the Registrar to the applicant or the registered owner in connection with the design (whether before or after its registration);
(f) any other document relating to the design application that is in, or comes into, the possession of the Designs Office;
(g) any other document prescribed by the regulations.
(2) Despite subsection (1), the following documents are not to be made available for public inspection:
(a) a document that would be privileged from production in legal proceedings on the ground of legal professional privilege;
(b) a document that is subject to an order of a court or tribunal that prohibits disclosure of the document or information in the document;
(c) a document required to be produced under paragraph 127(1)(c), if the Registrar is satisfied that the document, or information in the document, should not be open for public inspection;
(d) a document that contains information obtained from a document to which any of paragraph (a), (b) or (c) applies.
(3) If a document mentioned in subsection (1) has been amended, the document before and after amendment is to be made available for public inspection.
(4) However, if:
(a) more than one design was disclosed in the design application; and
(b) any of the following apply:
(i) the application was amended to exclude one or more of the designs;
(ii) one or more of the designs was withdrawn from the application;
(iii) one or more of the designs have not been registered;
the designs that were excluded or withdrawn, or that have not been registered, and any documents, or parts of documents, mentioned under paragraphs 60(1)(b) to (g) relating exclusively to those designs, are not to be made available for public inspection under subsection (1).
(1) Except as otherwise provided by this Act, documents of the kind mentioned in subsection 60(1), other than documents prescribed by the regulations for the purposes of paragraph 60(1)(g):
(a) must not be published or be open to public inspection; and
(b) are not liable to be inspected or produced before the Registrar or in a legal proceeding unless the Registrar, court, or any person having power to order inspection or production, directs that the inspection or production be allowed.
(2) Notice of an application for the production in legal proceedings of a document of the kind mentioned in subsection (1) must be given to the Registrar, who is entitled to be heard on the application.
(3) Subsection (1) does not prevent documents of the kind mentioned in subsection 60(1) from being made available to an applicant for registration of the design to which the documents relate.
The following is a simplified outline of this Chapter:
Chapter 5 deals with the examination of designs by the Registrar.
Designs may be examined after registration on the request of any person or on the Registrar’s initiative.
In examining a design, the Registrar must consider whether there are grounds for revoking the registration of the design.
(1) The Registrar must examine a design that has at any time been a registered design if any person requests, or a court orders, that the Registrar examine the design.
(2) The Registrar may, on the Registrar’s initiative and at any time, examine a design that has at any time been a registered design.
(3) If relevant proceedings in relation to a design are pending in a court, the Registrar must not examine the design unless the court orders that the Registrar examine the design.
(4) If:
(a) the Registrar has started to examine a design; and
(b) relevant proceedings in relation to the design are started;
the Registrar must not continue to examine the design (including considering a request for amendments under section 66) unless a court orders that the Registrar continue to examine the design.
(5) For the purposes of this section, the expression
a design that has at any time been a registered design :(a) does not include a design whose registration has ceased because of the operation of subsection 48(1); and
(b) does not include a design whose registration has been revoked, unless a declaration of the entitled persons has been made under section 52, 53 or 54 in relation to the design.
(1) A request by a person that the Registrar examine a registered design must satisfy any requirements prescribed by the regulations.
(2) The request may contain material in relation to the newness and distinctiveness of the design.
(3) The Registrar must make available for public inspection material contained in a request under this section in relation to the newness and distinctiveness of the design to which the request relates.
(1) If the Registrar receives a request to examine a registered design, or decides to examine a registered design, the Registrar must consider whether a ground for revocation under subsection (2) exists.
(2) The following are grounds for revocation of the registration of a design for the purposes of this Part:
(a) the design is not a registrable design;
(b) any other ground prescribed by the regulations.
(3) The examination must be:
(a) conducted in accordance with the procedures prescribed by the regulations; and
(b) completed within the period prescribed by the regulations.
(1) This section applies if the Registrar is satisfied, in the course of examining a registered design, that a ground for revocation of the registration of the design has been made out.
(2) The Registrar must notify the registered owner of the design to that effect.
(3) The registered owner of the design may request that the Registrar amend the Register in such a way that the ground for revocation is removed.
(4) A request under subsection (3) must be made in the manner prescribed by the regulations.
(5) The Registrar must consider and deal with the request in the manner prescribed by the regulations.
(6) An amendment must not be such as to:
(a) increase the scope of the design registration; or
(b) alter the scope of the registration by the inclusion of matter that was not in substance disclosed in the original design application, representations or other documents.
(1) This section applies in relation to a registered design if:
(a) the Registrar has examined the design and is satisfied that a ground for revocation of the registration of the design has not been made out, or that any such ground would be removed if the Register were amended as proposed in a request made under section 66; and
(b) the registration of the design has not ceased under subsection 48(1).
(2) The Registrar must notify the relevant parties:
(a) that the design has been examined; and
(b) if the Registrar is satisfied that a ground of revocation could be removed if the Register were amended as proposed in a request made under section 66—of the details of the proposed amendments; and
(c) that a certificate of examination is to be issued.
(3) If the Registrar remains satisfied as mentioned in paragraph (1)(a) after giving the relevant parties a reasonable opportunity to be heard, the Registrar must:
(a) issue a certificate of examination to the registered owner of the design that contains the information prescribed by the regulations; and
(b) record on the Register the issue of that certificate and, if applicable, such amendments proposed in a request made under section 66 that the Registrar is satisfied would remove a ground of revocation; and
(c) publish a notice that satisfies the requirements prescribed by the regulations and that states:
(i) that an examination of the design has been completed; and
(ii) that infringement proceedings under Chapter 6 may be commenced.
(4) An appeal lies to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) against a decision of the Registrar under this section.
(1) This section applies in relation to a registered design if:
(a) the Registrar has examined the design, and is satisfied that a ground for revocation of the registration of the design has been made out and the ground would not be removed if the Register were amended as proposed in a request under section 66; and
(b) the registration of the design has not ceased under subsection 48(1).
(2) The Registrar must:
(a) notify the relevant parties that the registration of the design is revoked; and
(b) make an entry in the Register under section 115.
(3) The Registrar must also publish a notice that satisfies the requirements prescribed by the regulations and that states that the registration of the design has been revoked and that the design is taken never to have been registered.
(4) The Registrar must not revoke the registration of a design under this section unless:
(a) the Registrar has given the registered owner a reasonable opportunity to be heard; and
(b) if appropriate, the Registrar has given the registered owner a reasonable opportunity to amend the relevant registered design for the purpose of removing a ground for the revocation of the registration of the design and the registered owner has failed to do so.
(5) The Registrar must not revoke the registration of a design under this section while relevant proceedings in relation to that design are pending.
(6) An appeal lies to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) against a decision of the Registrar under this section.
(1) A person may provide to the Registrar material relating to whether a registered design is new or distinctive within the meaning of Division 1 of Part 4 of Chapter 2. The material may be provided even if the person has not made a request under subsection 63(1) that the design be examined.
(2) The material is to be provided in accordance with the regulations.
(2A) A person must not provide to the Registrar material in the form of a physical article, other than a document, unless the Registrar has given the person an approval to do so.
(2B) If a person provides material to the Registrar under subsection (1), the material may be accompanied by evidence, in the form of a declaration, of the publication of the material.
Note: The regulations deal with the making of declarations.
(3) If a person provides material to the Registrar under subsection (1), the Registrar must:
(a) notify the registered owner of the design that the material has been provided; and
(b) provide a copy of the material to the registered owner of the design.
(4) Nothing in this section is to be taken to require the Registrar to examine a design under Part 3.
(5) The Registrar must make a copy of material provided to the Registrar under subsection (1) available for public inspection.
The following is a simplified outline of this Chapter:
Chapter 6 is about infringement.
Part 2 provides that a person infringes a registered design if, without the appropriate authority, the person deals in certain ways with a product that embodies the design, or a design that is substantially similar to it.
Part 2 also provides that the registered owner of a design or an exclusive licensee may bring infringement proceedings. The defendant may counter‑claim for rectification of the Register.
Various remedies are available, including injunction, damages or an account of profits.
Part 3 deals with unjustified threats of infringement proceedings.
(1) A person infringes a registered design if, during the term of registration of the design, and without the licence or authority of the registered owner of the design or an exclusive licensee, the person:
(a) makes or offers to make a product, in relation to which the design is registered, which embodies a design that is identical to, or substantially similar in overall impression to, the registered design; or
(b) imports such a product into Australia for sale, or for use for the purposes of any trade or business; or
(c) sells, hires or otherwise disposes of, or offers to sell, hire or otherwise dispose of, such a product; or
(d) uses such a product in any way for the purposes of any trade or business; or
(e) keeps such a product for the purpose of doing any of the things mentioned in paragraph (c) or (d).
Note: See section 4 for the application of this Act.
(2) Despite subsection (1), a person does not infringe a registered design if:
(a) the person imports a product, in relation to which the design is registered, which embodies a design that is identical to, or substantially similar in overall impression to, the registered design; and
(b) the product embodies the design with the licence or authority of the registered owner of the design or an exclusive licensee.
(3) In determining whether an allegedly infringing design is substantially similar in overall impression to the registered design, a court is to consider the factors specified in section 19.
(4) Infringement proceedings must be started within 6 years from the day on which the alleged infringement occurred.
(1) In relation to a registered design where the priority date of the design is on or after the commencement of this section, a person may, without infringing the registered design, do an act:
(a) that is referred to in paragraph 71(1)(a), (b), (c), (d) or (e); and
(b) that would infringe that registered design apart from this subsection;
if before that priority date:
(c) the person had:
(i) made a product, in relation to which the design became registered, which embodied a design (the
comparable design ) that was identical to, or substantially similar in overall impression to, the design that became registered; or(ii) imported such a product into Australia for sale, or for use for the purposes of any trade or business; or
(iii) sold, hired or otherwise disposed of such a product; or
(iv) used such a product in any way for the purposes of any trade or business; or
(v) kept such a product for the purpose of doing any of the things mentioned in subparagraph (iii) or (iv); or
(d) the person had taken definite steps (contractually or otherwise and whether or not in Australia) to do an act covered by paragraph (c).
Note: For paragraph (c)—see section 4 for the application of this Act.
(2) Subsection (1) does not apply unless immediately before the priority date of the registered design:
(a) either:
(i) the person was doing an act covered by paragraph (1)(c); or
(ii) the person was not doing such an act only because the person had temporarily stopped the doing of such an act; or
(b) either:
(i) the person was taking the steps covered by paragraph (1)(d); or
(ii) the person was not taking such steps only because the person had temporarily stopped the taking of such steps.
Limit if comparable design derived from registered owner etc. (3) Subsection (1) does not apply if the person derived the comparable design from one of the following entities:
(a) the person who became the registered owner of the registered design referred to in subsection (1);
(b) any predecessor in title of the person referred to in paragraph (a);
(c) the person who created that registered design if that person is not covered by paragraph (a) or (b);
unless the derivation was from information made publicly available by or with the consent of an entity covered by paragraph (a) or (b).
Exemption for successors in title (4) A person (the
disposer ) may dispose to another person the whole of the disposer’s entitlement under subsection (1) or this subsection to do an act without infringing the registered design referred to in subsection (1). If there is such a disposal, the other person may, without infringing that registered design, do an act:(a) that is referred to in paragraph 71(1)(a), (b), (c), (d) or (e); and
(b) that would infringe that registered design apart from this subsection.
Exemption for persons who obtain products (5) If a person sells or otherwise disposes of a particular product to another person:
(a) in accordance with subsection (1) or (4) or this subsection; and
(b) without infringing the registered design referred to in subsection (1);
the other person may, without infringing that registered design, do an act:
(c) that is referred to in paragraph 71(1)(c), (d) or (e) in relation to that product; and
(d) that would infringe that registered design apart from this subsection.
(1) Despite subsection 71(1), a person does not infringe a registered design if:
(a) the person uses, or authorises another person to use, a product:
(i) in relation to which the design is registered; and
(ii) which embodies a design that is identical to, or substantially similar in overall impression to, the registered design; and
(b) the product is a component part of a complex product; and
(c) the use or authorisation is for the purpose of the repair of the complex product so as to restore its overall appearance in whole or part.
(2) If:
(a) a person (the
first person ) uses or authorises another person to use a product:(i) in relation to which a design is registered; and
(ii) which embodies a design that is identical to, or substantially similar in overall impression to, the registered design; and
(b) the first person asserts in infringement proceedings that, because of the operation of subsection (1), the use or authorisation did not infringe the registered design;
the person bringing the infringement proceedings bears the burden of proving that the first person knew, or ought reasonably to have known, that the use or authorisation was not for the purpose mentioned in paragraph (1)(c).
(3) For the purposes of subsection (1):
(a) a repair is taken to be so as to restore the overall appearance of a complex product in whole if the overall appearance of the complex product immediately after the repair is not materially different from its original overall appearance; and
(b) a repair is taken to be so as to restore the overall appearance of a complex product in part if any material difference between:
(i) the original overall appearance of the complex product; and
(ii) the overall appearance of the complex product immediately after the repair;
is solely attributable to the fact that only part of the complex product has been repaired.
(4) In applying subsection (3), a court must apply the standard of a person who is familiar with the complex product, or products similar to the complex product (whether or not the person is a user of the complex product or of products similar to the complex product).
(5) In this section:
repair , in relation to a complex product, includes the following:(a) restoring a decayed or damaged component part of the complex product to a good or sound condition;
(b) replacing a decayed or damaged component part of the complex product with a component part in good or sound condition;
(c) necessarily replacing incidental items when restoring or replacing a decayed or damaged component part of the complex product;
(d) carrying out maintenance on the complex product.
use , in relation to a product, means:(a) to make or offer to make the product; or
(b) to import the product into Australia for sale, or for use for the purposes of any trade or business; or
(c) to sell, hire or otherwise dispose of, or offer to sell, hire or otherwise dispose of, the product; or
(d) to use the product in any other way for the purposes of any trade or business; or
(e) to keep the product for the purpose of doing any of the things mentioned in paragraph (c) or (d).
(1) The registered owner of a registered design, or an exclusive licensee, may bring proceedings against another person alleging that the person has infringed the registered design.
(2) Infringement proceedings may be brought in a prescribed court or in another court that has jurisdiction in relation to the proceedings.
(2A) If an exclusive licensee brings infringement proceedings, the licensee must make the registered owner of the registered design a defendant in the proceedings, unless the registered owner is joined as a plaintiff.
(2B) If the registered owner of the registered design is made a defendant in the proceedings, the registered owner is not liable for costs if the registered owner does not take part in the proceedings.
(3) Infringement proceedings may not be brought under subsection (1) until:
(a) the design has been examined under Chapter 5; and
(b) a certificate of examination has been issued.
(4) If a person files an application under section 21 for registration of a design as a result of the operation of section 55, the person may only bring infringement proceedings in respect of infringements of the design occurring after the date on which the application was filed under section 21.
A defendant in infringement proceedings in respect of a registered design may apply, by way of counter‑claim in the proceedings, for the revocation of the registration of the design under section 93.
(1) Without limiting the relief that a court may grant in infringement proceedings, the relief may include:
(a) an injunction subject to such terms as the court thinks fit; and
(b) at the option of the plaintiff—damages or an account of profits.
Relief for defendant—infringement before date of registration (1A) To the extent that the infringement proceedings relate to an infringement occurring before the date on which the design was registered, the court may:
(a) refuse to award damages; or
(b) reduce the damages that would otherwise be awarded; or
(c) refuse to make an order for an account of profits;
if the defendant satisfies the court that, at the time of the infringement, the defendant was not aware, and could not reasonably have been expected to be aware, that an application in respect of the design had been filed under section 21.
Relief for defendant—infringement on or after date of registration (2) To the extent that the infringement proceedings relate to an infringement occurring on or after the date on which the design was registered, the court may refuse to award damages, reduce the damages that would otherwise be awarded, or refuse to make an order for an account of profits, if the defendant satisfies the court:
(a) in the case of primary infringement:
(i) that at the time of the infringement, the defendant was not aware that the design was registered; and
(ii) that before that time, the defendant had taken all reasonable steps to ascertain whether the design was registered; or
(b) in the case of secondary infringement—that at the time of the infringement, the defendant was not aware, and could not reasonably have been expected to be aware, that the design was registered.
Additional damages (3) The court may award such additional damages as it considers appropriate, having regard to the flagrancy of the infringement and all other relevant matters.
Prima facie evidence (4) It is prima facie evidence that the defendant was aware that the design was registered if the product embodying the registered design to which the infringement proceedings relate, or the packaging of the product, is marked so as to indicate registration of the design.
Definitions (5) In this section:
primary infringement means infringement of a kind mentioned in paragraph 71(1)(a).secondary infringement means infringement of a kind mentioned in paragraph 71(1)(b), (c), (d) or (e).
A court may grant the Registrar leave to intervene in infringement proceedings.
(1) If a person is threatened by another person (the
respondent ) with infringement proceedings, or other similar proceedings, in respect of a design, an aggrieved person (theapplicant ) may apply to a prescribed court, or to another court that has jurisdiction to hear and determine the application, for:(a) a declaration that the threats are unjustified; and
(b) an injunction against the continuation of the threats; and
(c) the recovery of damages sustained by the applicant as a result of the threats.
(1A) The court may include an additional amount in an assessment of damages sustained by the applicant as a result of the unjustified threats, if the court considers it appropriate to do so having regard to:
(h) providing for the contents of design applications in which one or more designs are disclosed, including, but not limited to, requirements as to common ownership of the designs; and
(i) empowering the Registrar to direct an applicant for registration of a design to do such things as are necessary to ensure that the application is in accordance with the requirements of the regulations for filing and:
(i) providing for the lapsing of the application if such a direction is not complied with within the period specified in the regulations; and
(ii) providing for the restoration of an application that has so lapsed; and
(j) providing for appeals against decisions of the Registrar made under the regulations; and
(k) making provision for and in relation to the practice and procedure of prescribed courts in proceedings under this Act, including provision prescribing the time within which any proceeding may be started or anything else may be done, and providing for the extension of any such time; and
(l) making transitional or consequential provisions as necessary or convenient because of the repeal of the
Designs Act 1906 and the enactment of this Act; and(m) provide for regulations under the
Designs Act 1906 to continue to have effect (with any prescribed alterations) for specified purposes of this Act; and(n) providing for things to be done for the purposes of this Act or the regulations by means of electronic equipment or communication; and
(o) empowering the Registrar to prepare, publish and sell such documents relating to designs as the Registrar thinks fit.
(3) Despite the repeal of the
Designs Act 1906 by this Act, regulations made under paragraph (2)(l) may provide for the continued operation of specified provisions of theDesigns Act 1906 in relation to prescribed persons or matters, or in prescribed circumstances.
(1) The Registrar may, by written instrument, determine formal requirements for the purposes of the following:
(a) paragraphs 39(2)(aa) and 40(2)(ca);
(b) a provision of the regulations, if that provision refers to this section.
(2) The Registrar must publish a notice, in accordance with the regulations, setting out the determination.
(3) A determination under subsection (1) is not a legislative instrument.
The
Designs Act 1906 is repealed.
(1) This section applies to the following designs:
(a) a design registered under the old Act immediately before the commencing day;
(b) a design registered after the commencing day as a result of a design application to which the old Act continued to apply because of section 153.
(2) The design:
(a) is taken to be registered under this Act:
(i) in the case of a design mentioned in paragraph (1)(a)—on and from the commencing day; and
(ii) in the case of a design mentioned in paragraph (1)(b)—on and from the day on which the design was registered; and
(b) is taken to have been examined by the Registrar under Part 3 of Chapter 5 and a certificate of examination is taken to have been issued under section 67.
(3) However, despite subsection (2):
(a) the old Act continues to apply for the purposes of determining the validity of the registration of the design; and
(b) this Act does not apply for the purposes of determining the validity of the registration of the design; and
(c) the design must not be examined under Chapter 5.
Despite section 151:
(a) the term of registration of a design to which that section applies ceases to be in force on the day on which it would have ceased to be in force under the old Act if the old Act had not been repealed; and
(b) section 27A of the old Act continues to apply to the design as if the old Act had not been repealed.
(1) The old Act continues to apply to an application made under the old Act before the commencing day as if the old Act had not been repealed, unless a conversion request is made under section 159 in respect of the application.
(2) However, an application for an extension of time in relation to an application mentioned in subsection (1) must be made under section 137 of this Act.
(3) If, after dealing with an application under the old Act, the Registrar is required to register the design to which the application relates, the Registrar must comply with section 45 of this Act in relation to the registration of the design.
(1) This Act applies, on and after the commencing day, to any application, request, action or proceeding made or started under the old Act and not finally dealt with under that Act before that day as if the application, request, action or proceeding had been made or started under a corresponding provision of this Act.
(2) Subsection (1) does not apply to:
(a) an application to which the old Act continues to apply under section 153; or
(b) a proceeding to which the old Act continues to apply under section 155.
Note: Section 152 deals with the application of section 27A of the old Act.
(1) If proceedings arising from an application to a court under the old Act were pending immediately before the commencing day, the matter is to be decided as if the old Act had not been repealed.
(2) However, any order made by a court in relation to rectification must relate to the Register under this Act.
(1) This section applies to the following designs:
(a) a design that was at any time registered under the old Act and had not been expunged from the Register under the old Act (whether or not the design is a design to which section 151 applies); and
(b) a design that was registered after the commencing day as a result of an application to which the old Act applied because of section 153.
(2) If:
(a) either of the following applies:
(i) a person engages, before the commencing day, in conduct that infringed the monopoly in the design under the old Act;
(ii) a person engages, after the commencing day, in conduct that would have infringed the monopoly in the design under the old Act if that Act were still in force; and
(b) an action relating to that infringement was not pending immediately before the commencing day;
an action may be brought under this Act for infringement of the design.
(3) However, in an action under subsection (2):
(a) the old Act continues to apply for the purposes of determining whether the person’s conduct infringed the monopoly in the design; and
(b) this Act does not apply for the purposes of determining whether the person’s conduct infringed the monopoly in the design; and
(c) a person is not entitled to any injunction or other relief to which the person would not have been entitled under the old Act.
(4) Subsection (2) is subject to any law with respect to the time period within which an action of a kind mentioned in that subsection may be started.
A person who held office as the Registrar, or as a Deputy Registrar, under the old Act immediately before the commencing day continues to hold office as the Registrar or Deputy Registrar (as the case requires) under this Act on and after that day.
On and after the commencing day, the Register within the meaning of the old Act is taken to be the Register within the meaning of this Act.
(1) A person who has made a transitional application may request that the transitional application be treated as a converted application. This is a
conversion request .(2) A conversion request must be:
(a) made before the end of the prescribed period; and
(b) in writing and filed; and
(c) made in accordance with any requirements prescribed by the regulations.
(3) If a conversion request is made in respect of a transitional application, nothing that has been done under the old Act in relation to the application before the request was made is taken to constitute an examination under Chapter 5.
(4) If a conversion request is made in respect of a transitional application, the application is taken to be a converted application from the date of the conversion request.
(1) A converted application is taken to be an application made under this Act, subject to the modifications set out in this section.
(2) The filing date of a converted application is taken under section 26 of this Act to be the filing date of the transitional application.
(3) The priority date of a design disclosed in a converted application is taken under section 27 of this Act to be the same priority date as it had under the transitional application.
(4) A converted application is taken to meet the minimum filing requirements mentioned in subsection 21(2) of this Act.
(5) A converted application is taken to include a request under section 35 of this Act for registration of each of the designs disclosed in the converted application.
(6) The term of registration of a design disclosed in a converted application is taken under section 46 of this Act to start from the date of the conversion request under subsection 159(1).
(7) An amendment requested under section 22B of the old Act in relation to a transitional application to which a converted application relates is taken to be an amendment requested under section 28 of this Act.
(8) If:
(a) a converted application is amended under section 28 of this Act to exclude one or more of the designs disclosed in the converted application; and
(b) the applicant files a design application under section 23 of this Act in respect of one or more of the excluded designs;
the term of registration of the excluded designs starts from the date of the conversion request under subsection 159(1).
An approval that was in force under subsection 40A(6) of the old Act immediately before the commencing day has effect on and after that day as if it were an approval under subsection 99(2) of this Act.
In this Chapter:
commencing day means the day on which this section commences.
old Act means theDesigns Act 1906 .
transitional application means an application for registration of a design that:
(a) is made under the old Act before the commencing day; and
(b) is not a lapsed application; and
(c) is not in relation to a design that has been registered or refused registration.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = | Sch = Schedule(s) |
LIA = | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
Designs Act 2003 | 147, 2003 | 17 Dec 2003 | s 3–161: 17 June 2004 (s 2(1) item 2) Remainder: 17 Dec 2003 (s 2(1) item 1) | |
Intellectual Property Laws Amendment Act 2006 | 106, 2006 | 27 Sept 2006 | Sch 12 (items 1, 2): 27 Mar 2007 (s 2(1) item 12) Sch 15 (item 1): 28 Sept 2006 (s 2(1) item 13) | — |
Personal Property Securities (Consequential Amendments) Act 2009 | 131, 2009 | 14 Dec 2009 | Sch 2 (items 1–7): 30 Jan 2012 (s 2(1) item 1) | Sch 2 (item 7) |
Personal Property Securities (Corporations and Other Amendments) Act 2010 | 96, 2010 | 6 July 2010 | Sch 3 (item 1): 30 Jan 2012 (s 2(1) item 8) | — |
Acts Interpretation Amendment Act 2011 | 46, 2011 | 27 June 2011 | Sch 2 (item 532) and Sch 3 (items 10, 11): 27 Dec 2011 (s 2(1) items 3, 12) | Sch 3 (items 10, 11) |
Intellectual Property Laws Amendment (Raising the Bar) Act 2012 | 35, 2012 | 15 Apr 2012 | Sch 6 (items 1–22): 15 Apr 2013 (s 2(1) item 5) | — |
| ||||
| 31, 2014 | 27 May 2014 | Sch 2 (item 5): 15 Apr 2013 (s 2(1) item 6) | — |
Federal Circuit Court of Australia (Consequential Amendments) Act 2013 | 13, 2013 | 14 Mar 2013 | Sch 3 (items 1–21): 15 Apr 2013 (s 2(1) item 4) | — |
Intellectual Property Laws Amendment Act 2015 | 8, 2015 | 25 Feb 2015 | Sch 4 (items 1–4, 81–84): 24 Feb 2017 (s 2(1) item 5) Sch 5 (items 1–4, 7): 26 Feb 2015 (s 2(1) item 6) | Sch 4 (items 81–84) and Sch 5 (item 7) |
Norfolk Island Legislation Amendment Act 2015 | 59, 2015 | 26 May 2015 | Sch 2 (item 126): 1 July 2016 (s 2(1) item 5) Sch 2 (items 356–396): 18 June 2015 (s 2(1) item 6) | Sch 2 (items 356–396) |
| ||||
| 33, 2016 | 23 Mar 2016 | Sch 2: 24 Mar 2016 (s 2(1) item 2) | — |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 172): 5 Mar 2016 (s 2(1) item 2) Sch 1 (item 672): 24 Feb 2017 (s 2(1) item 3) | — |
Statute Update Act 2016 | 61, 2016 | 23 Sept 2016 | Sch 2 (items 31–33): 21 Oct 2016 (s 2(1) item 1) | — |
Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 | 77, 2018 | 24 Aug 2018 | Sch 2 (items 2–33, 110, 114–120, 150, 195, 209): 24 Feb 2019 (s 2(1) items 6, 8) Sch 2 (items 157–160): 25 Aug 2018 (s 2(1) item 7) | Sch 2 (items 110, 150, 209) |
Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Act 2020 | 9, 2020 | 26 Feb 2020 | Sch 3: 27 Feb 2020 (s 2(1) item 4) | Sch 3 (items 20–24) |
National Emergency Declaration (Consequential Amendments) Act 2020 | 129, 2020 | 15 Dec 2020 | Sch 1 (item 20): 16 Dec 2020 (s 2(1) item 2) | — |
Territories Legislation Amendment Act 2020 | 154, 2020 | 17 Dec 2020 | Sch 1 (items 87, 93–96, 99): 18 Dec 2020 (s 2(1) item 2) | Sch 1 (items 93–96, 99) |
Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021 | 13, 2021 | 1 Mar 2021 | Sch 2 (items 301–313): 1 Sept 2021 (s 2(1) item 5) | — |
Designs Amendment (Advisory Council on Intellectual Property Response) Act 2021 | 100, 2021 | 10 Sept 2021 | Sch 1–6 and Sch 7 (items 9, 10): 10 Mar 2022 (s 2(1) items 2, 4) Sch 7 (items 1–8): 11 Sept 2021 (s 2(1) item 3) | Sch 1 (item 3), Sch 3 (item 36), Sch 4 (item 7), Sch 5 (item 13), Sch 6 (item 5), Sch 7 (items 5, 8, 10) |
Statute Law Amendment (Prescribed Forms and Other Updates) Act 2023 | 74, 2023 | 20 Sept 2023 | Sch 1 (items 37–48): 20 Mar 2024 (s 2(1) item 2) | Sch 1 (item 48) |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Act 2024 | 39, 2024 | 31 May 2024 | Sch 11 (items 3–8): 14 Oct 2024 (s 2(1) item 2) | — |
s 3............................................. | am No 59, 2015 |
s 5............................................. | am No 131, 2009; No 96, 2010; No 35, 2012; No 13, 2013; No 77, 2018; No 9, 2020; No 13, 2021; No 100, 2021 |
s 5A........................................... | ad No 35, 2012 |
am No 126, 2015 | |
s 5B........................................... | ad No 100, 2021 |
s 12............................................ | am No 131, 2009 |
s 15............................................ | am No 46, 2011 |
s 17............................................ | am No 100, 2021 |
s 18............................................ | am No 100, 2021 |
s 19............................................ | am No 100, 2021 |
s 20............................................ | am No 100, 2021 |
s 23............................................ | am No 100, 2021 |
s 24............................................ | am No 77, 2018; No 100, 2021 |
s 28............................................ | am No 35, 2012; No 13, 2013; No 13, 2021 |
s 32............................................ | am No 100, 2021 |
s 33............................................ | am No 77, 2018; No 100, 2021; No 74, 2023 |
Chapter 4 heading....................... | rs No 100, 2021 |
s 34............................................ | am No 100, 2021 |
Part 2 heading............................. | rs No 100, 2021 |
s 35............................................ | am No 100, 2021 |
s 36............................................ | rs No 100, 2021 |
s 37............................................ | rep No 100, 2021 |
s 38............................................ | rep No 100, 2021 |
s 39............................................ | am No 100, 2021 |
s 40............................................ | am No 100, 2021 |
s 41............................................ | am No 77, 2018; No 100, 2021 |
s 42............................................ | am No 77, 2018 |
s 43............................................ | am No 77, 2018 |
s 45............................................ | am No 74, 2023 |
s 47............................................ | am No 100, 2021; No 74, 2023 |
s 49............................................ | am No 74, 2023 |
s 50............................................ | am No 35, 2012; No 13, 2013; No 13, 2021 |
s 52............................................ | am No 35, 2012; No 13, 2013; No 77, 2018, No 13, 2021; No 74, 2023 |
s 54............................................ | am No 35, 2012; No 13, 2013; No 13, 2021 |
Part 4......................................... | rep No 100, 2021 |
s 57............................................ | am No 77, 2018 |
rep No 100, 2021 | |
s 58............................................ |
am No 77, 2018 | |
rep No 100, 2021 | |
s 59............................................ | am No 77, 2018 |
rep No 100, 2021 | |
s 60............................................ | am No 100, 2021 |
s 61............................................ | am No 100, 2021 |
s 66............................................ | am No 77, 2018 |
s 67............................................ | am No 35, 2012; No 13, 2013; No 77, 2018; No 13, 2021; No 74, 2023 |
s 68............................................ | am No 35, 2012; No 13, 2013; No 77, 2018; No 13, 2021; No 74, 2023 |
s 69............................................ | am No 8, 2015; No 77, 2018 |
s 70............................................ | am No 100, 2021 |
s 71............................................ | am No 100, 2021 |
s 71A......................................... | ad No 100, 2021 |
s 72............................................ | am No 100, 2021 |
s 73............................................ | am No 100, 2021 |
s 75............................................ | am No 100, 2021 |
s 77............................................ | am No 77, 2018 |
s 82............................................ | am No 35, 2012; No 13, 2013; No 13, 2021 |
s 83............................................ | am No 35, 2012; No 13, 2013; No 13, 2021 |
s 83A......................................... | ad No 35, 2012 |
am No 13, 2013; No 13, 2021 | |
s 84............................................ | am No 35, 2012; No 13, 2013; No 154, 2020; No 13, 2021 |
s 85............................................ | am No 35, 2012 |
s 86............................................ | am No 35, 2012; No 13, 2013; No 13, 2021 |
s 87............................................ | am No 35, 2012; No 13, 2013; No 13, 2021 |
s 88............................................ | am No 35, 2012; No 13, 2013; No 13, 2021 |
s 89............................................ | am No 35, 2012; No 13, 2013; No 13, 2021 |
s 93............................................ | am No 100, 2021 |
s 95............................................ | am No 9, 2020 |
s 96............................................ | rs No 9, 2020 |
s 96A......................................... | ad No 9, 2020 |
am No 129, 2020 | |
s 97............................................ | am No 9, 2020 |
s 98............................................ | rs No 9, 2020 |
s 99............................................ | rs No 9, 2020 |
s 100.......................................... | rep No 9, 2020 |
s 101.......................................... | rep No 9, 2020 |
s 102.......................................... | am No 9, 2020 |
s 103.......................................... | am No 9, 2020 |
s 104.......................................... | am No 9, 2020 |
s 108.......................................... | am No 100, 2021 |
s 109.......................................... | am No 61, 2016 |
s 118.......................................... | am No 131, 2009 |
s 119.......................................... | am No 131, 2009 |
s 124.......................................... | am No 106, 2006 |
s 125.......................................... | am No 35, 2012 |
s 129.......................................... | am No 106, 2006; No 77, 2018; No 39, 2024 |
s 130.......................................... | am No 77, 2018 |
s 130A....................................... | ad No 77, 2018 |
s 131.......................................... | am No 61, 2016 |
s 132.......................................... | am No 61, 2016 |
s 133.......................................... | am No 61, 2016 |
s 134.......................................... | am No 61, 2016 |
s 135.......................................... | am No 61, 2016 |
Part 3A...................................... | ad No 77, 2018 |
s 135A....................................... | ad No 77, 2018 |
s 136.......................................... | am No 77, 2018; No 100, 2021; No 39, 2024 |
Part 4A...................................... | ad No 106, 2006 |
s 136A....................................... | ad No 106, 2006 |
am No 35, 2012 | |
s 137.......................................... | am No 100, 2021 |
s 138.......................................... | am No 77, 2018 |
s 144.......................................... | rs No 35, 2012; No 77, 2018 |
s 144A....................................... | ad No 77, 2018 |
s 144B....................................... | ad No 77, 2018 |
am No 100, 2021 | |
s 144C....................................... | ad No 77, 2018 |
s 144D....................................... | ad No 77, 2018 |
s 145.......................................... | am No 8, 2015; No 126, 2015 |
s 146.......................................... | am No 100, 2021 |
s 149.......................................... | am No 8, 2015; No 77, 2018; No 100, 2021 |
s 149A....................................... | ad No 100, 2021 |
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0
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