Designs Regulations (Amendment) (Cth)

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AUSTRALIA

Statutory Rules 1991 No.

65

Designs Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Designs Act 1906.

Dated

\o

April

1991.

BILL HAYDEN

Governor-General

By His Excellency's Command,

John M Button

Minister of State for Industry, Technology and Commerce

1. Commencement

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1.1

Regulations 3 and 4 commence on 1 May 1991.

2. Amendment

2.1

The Designs Regulations are amended as set out in these Regulations.

2

Designs

1991

No.

65

3. Regulation 63 (Transitional)

3.1 Subregulation 63 (3):

Omit "$90", substitute "$95".

4. Schedule 2

4.1 Omit the Schedule, substitute:

SCHEDULE 2

Regulation 4

FEES

Column 1

Column 2

Column 3

Item No.

Matter

Fee

1

On lodging an application for the registration of a

$85

design

2

On lodging a request for expedited consideration of

$75

an application for the registration of a design

3

For granting an application under subsection

27B (2) of the Act for an extension of time on the

grounds specified in paragraph 27B (2) (a) of the

Act:

(a) if the application is lodged before the end of

the time to be extended—for each month or

$50

part of a month for which the extension is

granted

(b)

if the application is lodged after the time to be

$80, plus the

extended

amount

payable under paragraph (a)

4

On lodging an application under subsection 27B (2)

$50

of the Act for an extension of time on the grounds

91R166.DOC, 03/28/91, 02:07 PM

specified in paragraph 27B (2) (b) of the Act

Designs

1991

No.

SCHEDULE 2—continued

Column 1

Column 2

Column 3

Item No.

Matter

Fee

5

On lodging a request for extension of the period of

registration:

(a) for the first extension

$50

(b) for the second extension

$85

(c) for the third extension

$125

6

On lodging a request under subsection 20B (1) of the

$50

Act

7

On lodging a notice of opposition

$85

8

On lodging an application under subregulation

$65

29 (2) for the grant of a licence

9

On lodging a request that a legal personal

$50

representative be registered as owner of a design

under subsection 22A (1) of the Act

10

On lodging a request for substitution as registered

$50

owner of a design under subsection 22A (2) of the

Act

11

On lodging:

(a)

a request under subsection 37 (1) of the Act,

$50

other than:

(i) a request that relates only to an error in,

or change of, an address; or

(ii) a request to which the fee under

paragraph (b) applies

(b)

simultaneously, 2 or more requests under

$50, plus $25

subsection 37 (1) of the Act each of which is to

for each

make the same amendment or alteration in the

application

name of an owner of a design

after the first

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4

Designs

1991 No.

SCHEDULE 2— continued

Column 1

Column 2

Column 3

Item No.

Matter

Fee

12

On lodging:

(a)

an application under section 38, 38AA or 38A of

$50

the Act, other than an application to which the

fee under paragraph (b) applies

(b) simultaaeously, 2 or more applications under

$50, plus $25

section 38, 38AA or 38A of the Act, where the

for each

devolution of title or interest is the same in

application

respect of all the registered designs to which

after the first

the applications relate

13

On lodging a request for the exercise of the

$80

Registrar's discretionary powers

14

On lodging a request for a hearing

$80

15

On lodging an application to lodge further evidence

$45

in opposition proceedings

16

For supply of:

$50

(i) a certified copy of a certificate of

registration; or

(ii) a duplicate certificate of registration; or

(iii) a certificate under regulation 59; or

(iv) a certified copy of an extract from the register

or another document

17

For supply of an uncertified photographic copy of,

$10

or extract from, the register or another document

18

For taxing costs

$45

5. Schedule 2A

5.1 After "Bahamas", insert "Bangladesh".

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65

Designs

1991

No.

5

NOTES

1.

Notified in the Commonwealth of Australia Gazette on

1991.

17

April

2. Statutory Rules 1982 No. 72 as amended by 1984 No. 256; 1986 No. 263; 1988 No. 103; 1989 Nos. 95 and 313; i990 Nos. 29, 239 and 240.

91R168.DOC, 03/26/91, 02:07 PM

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