Designs Regulations (Amendment) (Cth)

Statutory Rules 1992

No. 149 1

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Designs Regulations2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Designs Act 1906.

 Dated 1 June 1992.

 

 BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

  

ROSS FREE

Minister of State for Science and Technology

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1.   Commencement

1.1   Regulations 4, 5, 6 and 8 commence on 1 July 1992.

[NOTE: The remainder of these Regulations commence on gazettal: see Acts Interpretation Act 1901, s.48]

2.   Amendment

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

3.   New regulation 4a

3.1   After regulation 4, insert in Part I:

Exemption from, and refund of, certain fees

 “4a.The Registrar may:

• (a)

  exempt a person from the payment of a fee; or

• (b)

  remit any part of a fee; or

• (c)

  refund the whole or any part of a fee paid in respect of the lodgement of a document;

if the Registrar is reasonably satisfied that the action is justified, having regard to all the circumstances.

4.   Regulation 43 (Costs)

4.1   Omit the regulation.

5.   New regulation 50a

5.1   After regulation 50, insert:

Costs

 “50a.(1)  The Registrar must not award costs, other than costs specified in Schedule 4, unless each party to the proceedings has had the reasonable opportunity to make a submission on the matter of the award of those costs.

 “(2) The Registrar may award an amount:

• (a)

  for costs in respect of a matter specified in column 2 of an item in Part 1 of Schedule 4; or

• (b)

  in respect of the expenses or allowances of a person in relation to any proceedings before the Registrar.

 “(3) An amount referred to in subregulation (2) must be taxed allowed and certified, by an officer of, or employee in, the Designs Office appointed by the Registrar for that purpose, in accordance with:

• (a)

  the amount specified in column 3 of that item; or

• (b)

  Part 2 in Schedule 4;

as the case may be.

 “(4)A taxation of costs is subject to review by the Registrar.”.

6.   Schedule 2 (Fees)

6.1   Omit the Schedule, substitute:

SCHEDULE 2

Regulation 4

FEES

Column 1 Item No.	Column 2 Matter	Column 3 Fee
1	On lodging an application for the registration of a design	$90
2	On lodging a request for expedited consideration of an application for the registration of a design	$80
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 part of a month for which the extension is granted	$55
(b) if the application is lodged after the time to be extended	$85, plus the amount payable under paragraph (a)
4	On lodging an application under subsection 27b (2) of the Act for an extension of time on the grounds specified in paragraph 27b (2) (b) of the Act	$55
5	On lodging a request for extension of the period of registration:
(a) for the first extension	$55
(b) for the second extension	$90
(c) for the third extension	$130
6	On lodging a request under subsection 20b (1) of the Act	$55
7	On lodging a notice of opposition	$90
8	On lodging an application under subregulation 29 (2) for the grant of a licence	$65
9	On lodging a request that a legal personal representative be registered as owner of a design under subsection 22a (1) of the Act	$50
10	On lodging a request for substitution as registered owner of a design under subsection 22a (2) of the Act	$50

SCHEDULE 2—continued

 

Column 1 Item No.	Column 2 Matter	Column 3 Fee
11	On lodging:
(a) a request under subsection 37 (1) of the Act, other than:	$55
(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 subsection 37 (1) of the Act each of which is to make the same amendment or alteration in the name of an owner of a design	$55, plus $25 for each application after the first
12	On lodging:
(a) an application under section 38, 38aa or 38a of the Act, other than an application to which the fee under paragraph (b) applies	$50
(b) simultaneously, 2 or more applications under section 38, 38aa or 38a of the Act, where the devolution of title or interest is the same in respect of all the registered designs to which the applications relate	$50, plus $25 for each application after the first
13	On lodging a request for the exercise of the Registrar's discretionary powers	$80
14	On lodging a request for a hearing	$80
15	On an application to lodge further evidence in opposition proceedings	$45
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

SCHEDULE 2—continued

 

Column 1 Item No.	Column 2 Matter	Column 3 Fee
17	For supply of an uncertified photographic copy of, or extract from, the register or another document	$10
18	For taxing costs	$45

7.   Schedule 2a (Convention countries for the purposes of the Act)

7.1   After “Gabon”, insert “Gambia”.

8.   New Schedule 4 (Costs, Expenses and Allowances)

8.1   After Schedule 3, insert:

 SCHEDULE 4Regulation 50a

 

COSTS, EXPENSES AND ALLOWANCES

PART 1—COSTS

 

Column 1 Item	Column 2 Matter	Column 3 Fee
1	Notice of opposition	$165
2	Evidence in support	$430
3	Receiving and perusing notice of opposition	$80
4	Receiving and perusing evidence in support	$185
5	Evidence in answer	$430
6	Receiving and perusing evidence in answer	$130
7	Evidence in reply	$215
8	Receiving and perusing evidence in reply	$80

SCHEDULE 4—continued

 

Column 1 Item	Column 2 Matter	Column 3 Fee
9	Preparation of case for hearing	$325
10	Attendance at hearing by patent attorney or solicitor without counsel	$165 per hour or $735 per day
11	Attendance at hearing by patent attorney or solicitor instructing counsel	$130 per hour or $590 per day
12	Counsel fees	$215 per hour or $970 per day

 

PART

 2—EXPENSES AND ALLOWANCES

 

Division 1—Expenses

 

 1. A person who has paid a fee prescribed in these Regulations in relation to proceedings before the Registrar may be paid the amount of the fee.

 

 2. A person attending proceedings before the Registrar must be paid a reasonable amount for allowances for:

• (a)

  transport between the usual place of residence of the person and the place that he or she attends for that purpose; and

• (b)

  if he or she is required to be absent overnight from his or her usual place of residence—meals and accommodation;

up to a daily maximum of $370.

 

Division 2—Allowances

 

 3. A person summoned to appear as a witness, because of his or her professional, scientific or other special skill or knowledge, before the Registrar must be paid:

• (a)

  if the person is remunerated in his or her occupation by wages, salary or fees—an amount equal to the amount of wages, salary or fees not paid to the person because of his or her attendance for that purpose; and

SCHEDULE 4—continued

• (b)

  in any other case—an amount of not less than $92, or more than $462, for each day on which he or she so attends.

4. A person summoned to appear as a witness, other than a witness referred to in clause 3, before the Registrar must be paid:

• (a)

  if the person is remunerated in his or her occupation by wages, salary or fees—an amount equal to the amount of wages, salary or fees not paid to the person because of his or her attendance for that purpose; and

• (b)

  in any other case—an amount of not less than $52, or more than $86, for each day on which he or she so attends.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 9 June 1992.

2. Statutory Rules 1982 No. 72 as amended by 1984 No. 256; 1986 No. 263; 1988 No. 103; 1989 Nos. 95 and 313; 1990 Nos. 29, 239 and 240; 1991 Nos. 65 and 455.