Designs Regulations (Amendment) (Cth)

Statutory Rules 1990 No. 2401

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 17 July 1990.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

John N. Button

Minister of State for Industry, Technology and Commerce

 

Commencement

1. These Regulations commence on 18 July 1990.

Principal Regulations

2. In these Regulations, “Principal Regulations” means the Designs Regulations.

3. After regulation 7 of the Principal Regulations the following regulation is inserted:

Advertisement of the withdrawal of an application under section 20a of the Act

“7aa. If an application for the registration of a design is withdrawn under section 20a of the Act, the Registrar must, as soon as practicable, notify that fact in the Official Journal.”.

Order of dealing with expedited applications

4. Regulation 10 of the Principal Regulations is amended by adding at the end the following subregulations:

“(2) If an application for expedited consideration has not been made in respect of a particular application for the registration of a

(S.R. 241/90)—Cat. No. 14/9.7.1990

 

design and its expedited consideration is warranted in all the circumstances, whether because of its relationship to another application or for any other reason, the Registrar may expedite its consideration.

“(3) In spite of subregulation (1), if consideration of an application is expedited under subregulation (2), the Registrar may consider it whenever it is appropriate, in the circumstances, to do so.”.

Application for hearing

5. Regulation 17 of the Principal Regulations is amended:

(a) by omitting subregulation (1) and substituting the following subregulations:

“(1) An applicant may inform the Registrar, no later than 12 months after a notice referred to in regulation 14 is given to the applicant. that the applicant desires to be heard in relation to a matter referred to in the notice.

“(1a) An applicant to whom the Registrar has given a further notice under regulation 16 must inform the Registrar, not later than one month after receiving the further notice, or within any longer period specified in that notice, whether or not the applicant desires to be heard in relation to a matter to which the further notice relates.”;

(b) by omitting subregulation (3) and substituting the following subregulations:

“(3) If an applicant:

(a) informs the Registrar under subregulation (1) that he or she does not desire to be heard in relation to a matter; or

(b) does not inform the Registrar under subregulation (1a) that he or she desires to be heard in relation to a matter in respect of which a further notice has been issued under regulation 16;

the application to which that matter relates lapses and the Registrar must, as soon as practicable, notify that fact in the Official Journal.

“(3a) If:

(a) an applicant fails to appear on the date and at the time and place fixed under subregulation (2) for the hearing of a matter; and

(b) the Registrar decides to refuse to register the design to which the application relates;

the Registrar must inform the applicant of that refusal.”.

Repeal of regulation 55

6. Regulation 55 of the Principal Regulations is repealed.

 

Copies to be evidence

7. Regulation 57 of the Principal Regulations is amended by adding at the end the following subregulation:

“(2) If the Register is wholly or partly kept by use of a computer, a document signed by the Registrar and reproducing in writing all or any of the particulars comprising the Register, or that part of it, is admissible in any proceedings as prima facie evidence of those particulars.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 17 July 1990.

2. Statutory Rules 1982 No. 72 as amended to date. For previous amendments see Note 2 to Statutory Rules 1990 No. 29 and see also Statutory Rules 1990 Nos. 29 and 239.

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