Designs Regulations (Amendment) (Cth)

Statutory Rules 1993

No. 114 1

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Designs Regulations 2(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 27 May 1993.

 BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

R. McMULLAN

Minister for the Arts and Administrative Services

for the

 Minister for Science and Small Business

____________

1.   Commencement

1.1   These Regulations commence on 1 July 1993.

2.    Amendment

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

3.   Regulation 4 (Fees)

3.1   Subregulation 4 (1):

Omit the subregulation, substitute:

“4.   (1) The fee specified in Column 3 of an item in Schedule 2 is prescribed for:

• (a)

  the lodging, referred to in Column 2 of that item, of a document; or

• (b)

  the doing of the act referred to in Column 2 of that item, by the Registrar; or

• (c)

  the doing of the act referred to in Column 2 of that item, by a person other than the Registrar.”.

4.    Schedule 2 (Fees)

4.1   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	$90

SCHEDULE 2—continued

Column 1 Item No. Column 2 Matter Column 3 Fee

3	On lodging an application under subsection 27B (2) of the Act for an extension of time on the ground specified in paragraph 27B (2) (a) of the Act: (a) for each month, or part of a month, of extension sought; and (b) if the application is lodged after the end of the time to be extended	$55 $85
4	For granting an extension of time greater than that applied for by the applicant—for each month, or part of a month of extension granted	$55 less any amount paid under paragraph (a) of item 3
5	On lodging an application under subsection 27B (2) of the Act for an extension of time on the ground specified in paragraph 27B (2) (b) of the Act	$55

SCHEDULE 2—continued

Column 1 Item No. Column 2 Matter Column 3 Fee

6	On lodging a request for an extension of the period of registration: (a) under subsection 27A (2) of the Act—for the first extension (b) under subsection 27A (12) of the Act—for the second extension (c) under subsection 27A (13) of the Act—for the third extension		$55 $90 $135
7		On lodging a request under subsection 20B (1) of the Act		$55
8		On lodging a notice of opposition under subregulation 27 (1) or 29A (1)		$100
9		On lodging an application under subregulation 29 (2) or 29AA (2) for the grant of a licence		$70
10		On lodging a request that a legal personal representative be registered as owner of a design under subsection 22A (1) of the Act		$55
11		On lodging a request for amendment of the register under subsection 22A (2) of the Act		$55

SCHEDULE 2—continued

Column 1 Item No. Column 2 Matter Column 3 Fee

12	On lodging: (a) a request under subsection 37 (1) of the Act, except: (i) a request that relates only to an error in, or change of, an address; or (ii) a request to which paragraph (b) applies (b) simultaneously—2 or more requests under subsection 37 (1) of the Act, each of which seeks the same amendment or alteration of a name	$55 $55 plus $25 for each application additional to the first
13	On lodging: (a) an application under section 38, 38AA or 38A of the Act, except an application to which paragraph (b) applies (b) simultaneously—2 or more applications under section 38, 38AA or 38A of the Act, if the devolution of title or the interest is the same for all the registered designs to which the applications relate	$55 $55 plus $25 for each application additional to the first

SCHEDULE 2—continued

Column 1 Item No. Column 2 Matter Column 3 Fee

14	On lodging: (a) a request for the exercise of the Registrar’s discretionary powers; or (b) a request, under a provision of the Act or Regulations, for a hearing	$100 $100
15	On appearing at a hearing	$100 less any amount paid under item 14 in relation to the hearing
16	On lodging an application to lodge further evidence in opposition proceedings under subregulation 37 (1)	$75

SCHEDULE 2—continued

Column 1 Item No. Column 2 Matter Column 3 Fee

17	For supply of: (a) a certified copy of a certificate of registration (b) a duplicate certificate of registration (c) a certificate under regulation 59 (d) a certified copy of an extract from the register or another document (e) a copy of a document described in paragraph (a), (b), (c) or (d) that is supplied at the same time as that document	$75 $75 $75 $75 $55
18	For supply of an uncertified photographic copy of, or extract from, the register or another document	$10
19	For taxing costs under subregulation 50A (3)	$50

5. Schedule 4

(Costs, expenses and allowances)

Omit the Schedule, substitute:

SCHEDULE 4  Regulation 50A

COSTS, EXPENSES AND ALLOWANCES

PART 1—COSTS

Column 1 Item	Column 2 Matter	Column 3 Amount
1	Notice of opposition	$170
2	Evidence in support	$460
3	Receiving and perusing notice of opposition	$85
4	Receiving and perusing evidence in support	$200
5	Evidence in answer	$460
6	Receiving and perusing evidence in answer	$135
7	Evidence in reply	$230
8	Receiving and perusing evidence in reply	$85
9	Preparation of case for hearing	$345

SCHEDULE 4— continued

Column 1 Item	Column 2 Matter	Column 3 Amount
10	Attendance at hearing by patent attorney or solicitor without counsel	$170 per hour or $765 per day
11	Attendance at hearing by patent attorney or solicitor instructing counsel	$135 per hour or $610 per day
12	Counsel fees	$230 per hour or $1035 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)

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

• (b)

  if the person is required to be absent overnight from his or her usual place of residence—a reasonable amount for allowances up to a daily maximum of $390 for meals and accommodation.

SCHEDULE 4—continued

Division 2—Allowances

 3. A person who, because of his or her professional, scientific or other special skill or knowledge, is summoned to appear as a witness 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; or

• (b)

  in any other case—an amount of not less than $95, or more than $475, 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; or`

• (b)

  in any other case—an amount of not less than $54, or more than $89, for each day on which he or she so attends.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 3 June 1993.

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; 1992 Nos. 149, 445 and 452.