Patents Regulations 1991 (Cth)

Case
No judgment structure available for this case.

Patents Regulations 1991

Statutory Rules No. 71, 1991

made under the

Patents Act 1990

Compilation No. 75

Compilation date: 14 October 2024

Includes amendments: F2024L01299

This compilation is in 2 volumes

Volume 1:regulations 1.1–23.55

Volume 2: Schedules and Endnotes

Each volume has its own contents

About this compilation

This compilation

This is a compilation of the Patents Regulations 1991 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

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.

Application, saving and transitional provisions for provisions and amendments

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.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

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.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

Chapter 1Introductory 1.1Name of Regulations

These Regulations are the Patents Regulations 1991.

1.3Interpretation
  1. (1)

    In these Regulations, unless the contrary intention appears:

abstract means abstract of a complete specification.

acceptance means:

  1. (a)

    in relation to a patent request and complete specification relating to an application for a standard patent—acceptance of the patent request and complete specification under section 49 of the Act; and

  2. (b)

    in relation to a patent request and complete specification relating to an application for an innovation patent—acceptance of the patent request and complete specification under section 52 of the Act.

approved digital library means a library or other facility that the Commissioner specifies as a digital library, for this definition, in the Official Journal.

Example: The library administered by the International Bureau of the World Intellectual Property Organization, known as the “Digital Access Service for Priority Documents” or “DAS”.

ART means the Administrative Review Tribunal.

basic documents means documents filed in a Convention country in respect of a basic application.

certificate of verification means a statement:

  1. (a)

    that a document to which the statement relates is a true and complete translation of the relevant document to the best of the knowledge of the person who signs the statement; and

  2. (b)

    that is dated and signed.

Code of Conduct means the standard of practice titled “Code of Conduct for Patent and Trade Marks Attorneys” that is established by the Board from time to time.

competent authority, in relation to a Convention country, means a person who, under the laws of the country or the arrangements in place in the country, is authorised to certify copies of specifications of patents for the country.

Council for TRIPS means the Council for Trade‑Related Aspects of Intellectual Property Rights established under Article IV of the WTO Agreement.

Disciplinary Tribunal means the Trans‑Tasman IP Attorneys Disciplinary Tribunal established by regulation 20.61.

eligible importing country: see regulation 1.4A.

expedited dispatch means a means of supplying documents that can reasonably be expected usually to be faster than ordinary post.

first examination report date, in relation to an application for a standard patent, means the day that the Commissioner first reports, under section 45 of the Act, in relation to an examination of a patent request and complete specification relating to the application.

former attorneys Regulations means the Patent Attorneys Regulations as in force under the 1952 Act immediately before 30 April 1991.

International Bureau means the International Bureau of the World Intellectual Property Organization.

least developed country means a country included in the list of least developed countries maintained by the United Nations, as in force from time to time.

Note: The list of least developed countries could in 2015 be viewed on the United Nations’ website ( Zealand has the meaning given by section 29 of the Interpretation Act 1999 of New Zealand, as in force at the commencement of this definition.

ordinarily resident: a person is taken to be ordinarily resident in a country if:

  1. (a)

    the person has his or her home in that country; or

  2. (b)

    that country is the country of his or her permanent abode even though he or she is temporarily absent from that country.

However, the person is taken not to be so resident if he or she resides in that country for a special or temporary purpose only.

Panel Chair, in relation to a Panel of the Disciplinary Tribunal, means:

  1. (a)

    the President; or

  2. (b)

    if the President is unable to perform his or her functions in proceedings of the Panel because of a conflict of interest—the person appointed under subregulation 20.64(2) to be the Panel Chair for the proceedings.

Panel of the Disciplinary Tribunal means a Panel constituted under regulation 20.36 or 20A.11.

potential claim, in relation to an application for a standard patent, means:

  1. (a)

    unless paragraph (b) applies—a claim in the complete specification to which the application relates; or

  2. (b)

    if there are any requests made by the applicant for leave to amend the complete specification to which the application relates that the Commissioner has neither granted nor refused—a claim that would be in the complete specification if those requests were granted (including a claim that would be in the complete specification regardless).

President means the President of the Disciplinary Tribunal.

Register of Patent Attorneys means the register mentioned in section 198 of the Act.

the Act means the Patents Act 1990.

Tribunal member means a member of the Disciplinary Tribunal and includes the President.

WTO Agreement means the Marrakesh Agreement establishing the World Trade Organization, done at Marrakesh on 15 April 1994.

WTO member means a country that is a full member of the World Trade Organization.

Note: The list of members of the World Trade Organization could in 2015 be viewed on the World Trade Organization’s website ( reference in these Regulations to:

  1. (a)

    the giving of a notice or other document; or

  2. (b)

    the making of a request or an application;

to the Commissioner or the Patent Office includes a reference to the filing of the document.

  1. (3)

    A reference in these Regulations to a document that is open to public inspection is a reference to a document that may be inspected by the public at the Patent Office.

  2. (4)

    If the Commissioner gives a document to a person, the document is taken to have been given to the person on the day the document is dated by the Commissioner.

  3. (5)

    The Commissioner may give a document to a person by:

    1. (a)

      making the document available to the person in an electronic form; and

    2. (b)

      notifying the person that the document is available.

  4. (6)

    A requirement in these Regulations to give information to the Commissioner or to another person (whether the expression ‘give’, ‘tell’, ‘inform’ or another expression is used) is a requirement to give the information in writing, unless the contrary intention appears.

  5. (7)

    For these Regulations, a period expressed in months is to be worked out in the way described in Rule 80.2 of the PCT.

1.3AMeaning of completed in relation to a search

For these regulations:

A search is completed on the earliest of:

  1. (a)

    the date, if any, specified in the report as the date that the report was issued; and

  2. (b)

    the date, if any, specified in the report as the date that the search was completed; and

  3. (c)

    the date that the search results were issued to the applicant or patentee by the foreign patent office.

1.4Meaning of Convention country

For the definition of Convention country in subsection 29B(5) of the Act, the following countries are prescribed:

  1. (a)

    a foreign country that is a signatory to the Paris Convention for the Protection of Industrial Property of 20 March 1883, as in force from time to time;

  2. (b)

    a foreign country that is a full member of the World Trade Organization.

Note 1: For signatories to the Paris Convention for the Protection of Industrial Property, see 2: For full members of the World Trade Organization, see level="5">1.4AMeaning of eligible importing country

For the definition of eligible importing country in Schedule 1 to the Act, the following kinds of foreign countries are prescribed:

  1. (a)

    a WTO member that notifies the Council for TRIPS, in accordance with the Annex to the TRIPS Agreement, of the member’s intention to use the system set out in Article 31bis of the TRIPS Agreement and the Annex to that Agreement as an importer;

  2. (b)

    a least developed country.

1.5Deposit requirements: prescribed period
  1. (1)

    For paragraph 6(c) of the Act, the prescribed period is:

    1. (a)

      if the Commissioner makes a declaration under subsection 42(1) of the Act in relation to the specification concerned—the period mentioned in subregulation (2); or

    2. (b)

      in any other case:

      1. (i)

        for a complete specification in respect of a standard patent application—the period mentioned in subregulation (3); or

      2. (ii)

        for a complete specification in respect of an innovation patent application—the period mentioned in subregulation (4).

  2. (2)

    For paragraph (1)(a), the period begins on the filing date of the application to which the specification relates and ends 3 months from the date taken to be the date of filing of the specification under paragraph 42(2)(b) of the Act.

  3. (3)

    For subparagraph (1)(b)(i), the period begins on the filing date of the application to which the specification relates and ends:

    1. (a)

      at the end of the day immediately before the day on which the application becomes open to public inspection; or

    2. (b)

      if the application is accepted before the end of the day first mentioned in paragraph (a)—immediately before acceptance.

  4. (4)

    For subparagraph (1)(b)(ii), the period begins on the filing date of the application to which the specification relates to and ends immediately before acceptance.

  5. (5)

    If a matter mentioned in paragraph 6(c) of the Act has been included in the specification, the applicant or patentee is taken to consent to a micro‑organism being obtained by a person to whom the Commissioner has granted the certification under regulation 3.25 in respect of the deposit:

    1. (a)

      after the period mentioned in subregulation (1) for the specification to which the application relates; and

    2. (b)

      from the prescribed depositary institution with which the micro‑organism is deposited.

1.6Secret use – prescribed period

For paragraph 9(e) of the Act, the period is 12 months after the first use of the invention that would, but for the application of paragraph 9(e), have constituted secret use.

1.8Completion of applications
  1. (1)

    A person who makes an application or request using an application form must:

    1. (a)

      comply with any directions given on the form; and

    2. (b)

      provide information for each part of the form that describes the information as being mandatory.

  2. (2)

    A person who makes an application or request using an application procedure other than a form must:

    1. (a)

      comply with any directions given as part of the procedure; and

    2. (b)

      provide information for each part of the procedure that describes the information as being mandatory.

    Example: An online application facility.

Chapter 2Patent rights, ownership and validity 2.1Applications by co‑owners for directions
  1. (1)

    An application under section 17 of the Act must be in the approved form.

  2. (2)

    A person making an application under that section must file with the application a notice stating the facts on which the application is based.

2.2Information made publicly available – recognised exhibitions
  1. (1)

    This regulation sets out:

    1. (a)

      for paragraph 24(1)(a) of the Act—a circumstance in relation to information made publicly available by, or with the consent of, the nominated person, patentee or predecessor in title of the nominated person or patentee; and

    2. (b)

      for subsection 24(1) of the Act—a period for making a complete application for an invention if the circumstance applies.

Circumstance—invention shown, used or published at recognised exhibition

  1. (2)

    The circumstance is that the information has been made publicly available because the invention was:

    1. (a)

      shown or used at a recognised exhibition; or

    2. (b)

      published during a recognised exhibition at which the invention was shown or used.

Period

  1. (3)

    The period for making a complete application for the invention is:

    1. (a)

      if the complete application claims priority from a basic application made within 6 months of the day of the showing, use or publication—12 months from the day the basic application was made; or

    2. (b)

      if the complete application is associated with a provisional application made within 6 months of the day of the showing, use or publication—12 months from the day the provisional application was made; or

    3. (c)

      otherwise—12 months from the day of the showing, use or publication.

  2. (4)

    In this regulation:

Paris Convention means the Paris Convention for the Protection of Industrial Property of 20 March 1883, as in force for Australia on the commencing day.

recognised exhibition means:

  1. (a)

    an official or officially recognised international exhibition within the meaning of Article 11 of the Paris Convention or Article 1 of the Convention relating to International Exhibitions done at Paris on 22 November 1928, as in force for Australia on the commencing day; or

  2. (b)

    an international exhibition recognised by the Commissioner by a notice published in the Official Journal before the beginning of the exhibition.

2.2AInformation made publicly available – learned societies
  1. (1)

    This regulation sets out:

    1. (a)

      for paragraph 24(1)(a) of the Act—a circumstance in relation to information made publicly available by, or with the consent of, the nominated person, patentee or predecessor in title of the nominated person or patentee; and

    2. (b)

      for subsection 24(1) of the Act—a period for making a complete application for an invention if the circumstance applies.

Circumstance—information read before learned society or published by or on behalf of learned society

  1. (2)

    The circumstance is that the information has been made publicly available in a paper:

    1. (a)

      read before a learned society; or

    2. (b)

      published by or on behalf of a learned society.

Period

  1. (3)

    The period for making a complete application for the invention is:

    1. (a)

      if the complete application claims priority from a basic application made within 6 months of the day of the reading or publication—12 months from the day the basic application was made; or

    2. (b)

      if the complete application is associated with a provisional application made within 6 months of the day of the reading or publication—12 months from the day the provisional application was made; or

    3. (c)

      otherwise—12 months from the day of the reading or publication.

2.2BInformation made publicly available – reasonable trial of invention
  1. (1)

    This regulation sets out:

    1. (a)

      for paragraph 24(1)(a) of the Act—a circumstance in relation to information made publicly available by, or with the consent of, the nominated person, patentee or predecessor in title of the nominated person or patentee; and

    2. (b)

      for subsection 24(1) of the Act—a period for making a complete application for an invention if the circumstance applies.

Circumstance—working of invention for reasonable trial

  1. (2)

    The circumstance is that:

    1. (a)

      the information has been made publicly available because the invention was worked in public; and

    2. (b)

      the working of the invention was for the purposes of a reasonable trial of the invention; and

    3. (c)

      because of the nature of the invention, it was reasonably necessary for the working to be in public.

Period

  1. (3)

    The period for making a complete application for the invention is:

    1. (a)

      if the complete application claims priority from a basic application made within 12 months of the start of the public working of the invention—12 months from the day the basic application was made; or

    2. (b)

      if the complete application is associated with a provisional application made within 12 months of the start of the public working of the invention—12 months from the day the provisional application was made; or

    3. (c)

      otherwise—12 months from the start of the public working of the invention.

2.2CInformation made publicly available – other circumstances
  1. (1)

    This regulation sets out:

    1. (a)

      for paragraph 24(1)(a) of the Act—a circumstance in relation to information made publicly available by, or with the consent of, the nominated person, patentee or predecessor in title of the nominated person or patentee; and

    2. (b)

      for subsection 24(1) of the Act—a period for making a complete application for an invention if the circumstance applies.

Circumstance

  1. (2)

    The circumstance is that the information has been made publicly available in circumstances other than the circumstances described in regulations 2.2, 2.2A and 2.2B.

Period

  1. (3)

    The period for making a complete application for the invention is 12 months from the day the information was made publicly available.

2.2DInformation made publicly available without consent – period

For subsection 24(1) of the Act, for information made publicly available in the circumstances mentioned in paragraph 24(1)(b) of the Act, the prescribed period for making a complete application for an invention is 12 months from the day the information was made publicly available.

2.3Divisional applications – period
  1. (1)

    For subsection 24(1) of the Act, this regulation applies to an invention if:

    1. (a)

      the specification containing the claim in which the invention is defined was filed for a divisional application under section 79B or 79C of the Act; and

    2. (b)

      the claim is entitled under regulation 3.13D or 3.13E to the priority date that it would have if the claim was in the specification filed with a previous application (the original application); and

    3. (c)

      a circumstance mentioned in regulations 2.2 to 2.2D applies; and

    4. (d)

      the original application was filed in the period prescribed in the circumstance under regulations 2.2 to 2.2D.

  2. (2)

    The prescribed period for making the divisional application is:

    1. (a)

      if the divisional application was filed in the period mentioned in paragraph (1)(d)—that period; or

    2. (b)

      otherwise—the period ending on the day the divisional application was made.

2.4Prescribed period: patents of addition
  1. (1)

    For the purposes of section 25 of the Act, the prescribed period is the period that commences on the priority date of the claim of the specification of the main invention and ends immediately before the priority date of the relevant claim of the specification of the patent of addition.

  2. (2)

    In subregulation (1), a reference to the claim of the specification of the main invention is a reference to:

    1. (a)

      the claim defining that main invention; or

    2. (b)

      if there are 2 or more claims defining the main invention—the claim that has the earlier or earliest priority date.

2.5Prescribed period: assertion that invention is not a patentable invention

For subsection 27(1) of the Act, the prescribed period is the period:

  1. (a)

    beginning immediately after the complete specification filed in relation to the application for a standard patent becomes open to public inspection; and

  2. (b)

    ending 3 months after the date of publication in the Official Journal of the notice of acceptance under paragraph 49(5)(b) of the Act.

2.6Prescribed period: notification of assertion of invalidity of innovation patent

For subsection 28(2) of the Act, the prescribed period for an innovation patent is the period from the date that the complete specification for the patent becomes open to public inspection to immediately before the Commissioner decides to certify the patent.

2.7Documents to accompany notice of assertion of invalidity

Notice of an assertion under subsection 27(1) or 28(1) of the Act must, if the assertion is based on a document, have with it:

  1. (a)

    a copy of the document; and

  2. (b)

    if the document is not in English, a copy of a translation of the document into English; and

  3. (c)

    evidence of the date and place of publication of the document.

Chapter 3From application to acceptancePart 1Inventions generallyDivision 1Applications3.1Prescribed documents: patent applications
  1. (1)

    For the purposes of subsection 29(1) of the Act, an abstract is required to be filed with a patent request made in relation to a complete application.

  2. (2)

    For the purposes of subsection 29(1) of the Act, if a complete application for a standard patent is made, the following documents are required to be filed before acceptance:

    1. (c)

      if a micro‑organism is deposited with a prescribed depositary institution:

      1. (i)

        if the deposit is an original deposit within the meaning of Rule 7.3 of the Budapest Treaty or a new deposit within the meaning of Rule 7.4 of that Treaty—a copy of a receipt issued by the institution under Rule 7 of the Treaty; and

      2. (ii)

        if samples of the micro‑organism were transferred to that institution under Rule 5.1(a)(i) of the Treaty—a copy of a receipt issued by the institution under Rule 7 of the Treaty; and

      3. (iii)

        if a receipt referred to in subparagraph (i) or (ii) is not in English—a translation of the receipt into English; and

    2. (d)

      if the application relies on section 6 of the Act—a notice by the applicant stating the entitlement of the nominated person to rely on the deposit for the purposes of the Act; and

    3. (e)

      if the application is an application to which subsection 34(2) of the Act applies—a copy of the court order declaring the applicant to be an eligible person in relation to the invention so far as claimed in a claim of the specification; and

    4. (f)

      if the application is an application to which subsection 36(4) of the Act applies—a copy of the declaration of the Commissioner that the applicant is an eligible person in relation to the invention as disclosed in the specification; and

    5. (g)

      if the request is for a patent of addition and is made by a person authorised by the applicant or patentee—a statement from the applicant or patentee authorising the person to make the request.

3.1AApplicant taken to be nominated person
  1. (1)

    For an application for a standard patent or an innovation patent, the applicant is taken to be the nominated person.

  2. (2)

    For a PCT application, the applicant is taken to be the nominated person.

3.2Provisional application – direction to meet formalities requirements
  1. (1)

    The Commissioner may, within 1 month from the filing date for a provisional patent application (worked out under regulation 3.5), direct the applicant to do anything necessary to ensure that the provisional specification complies with the requirements mentioned in subsection 29(4) of the Act.

  2. (2)

    If an applicant to whom a direction has been given under subregulation (1) does not comply with the direction within 2 months from the date of the direction, the provisional specification is taken not to have been filed.

3.2AComplete application for standard patent – direction to meet formalities requirements
  1. (1)

    The Commissioner may, within 1 month from the filing date for a complete application for a standard patent (worked out under regulation 3.5), direct the applicant to do anything necessary to ensure that the patent request or complete specification complies with the requirements mentioned in subsection 29(4A) or (4B) of the Act.

  2. (2)

    Subregulation (1) does not apply to a PCT application.

  3. (4)

    If:

    1. (a)

      the Commissioner gives the applicant a direction under subregulation (1) to assist the Commissioner in deciding whether a filed abstract is in accordance with these Regulations; and

    2. (b)

      the Commissioner has specified in the direction a period of not less than 1 month within which the applicant must comply with the direction; and

    3. (c)

      the applicant does not comply with the direction before the end of the period;

the complete application to which the patent request and complete specification relate lapses at the end of the period.

  1. (5)

    Subject to subregulation (4), if an applicant to whom a direction has been given under subregulation (1) does not comply with the direction within 2 months from the date of the direction, the application lapses.

  2. (6)

    If an application lapses under subregulation (4) or (5), the Commissioner must:

    1. (a)

      advertise that fact in the Official Journal; and

    2. (b)

      notify the applicant that the complete application has lapsed.

3.2ABPCT application – title of specification
  1. (1)

    The title of a specification for a PCT application is taken to be:

    1. (a)

      the title approved by the ISA for the application under Rule 44.2 of the PCT; or

    2. (b)

      the title established by the ISA for the application under Rule 37.2 of the PCT.

  2. (2)

    For subregulation (1), if the title is in a language other than English, the title is taken to be the English translation of the title.

3.2BSpecifications: formalities check for innovation patents
  1. (1)

    For section 52 of the Act, a complete application for an innovation patent passes the formalities check only if the application meets all of the following requirements:

    1. (a)

      the patent request complies with subsection 29(4A) of the Act;

    2. (b)

      the complete specification for the application complies with subsection 29(4B) of the Act;

    3. (c)

      if the applicant is an eligible person under section 34 of the Act—a copy of the court order declaring that the applicant is an eligible person in relation to the invention must be filed with the complete application;

    4. (d)

      the complete application must comply with regulation 3.8, 3.10, 3.11, 6A.1 or 6A.2, or subsection 79C(2) of the Act, if applicable;

    5. (e)

      if the applicant is relying on section 41 of the Act—the receipts mentioned in paragraph 3.1(2)(c) must be filed with the complete application;

    6. (f)

      the complete specification must not be a cross‑reference to an earlier patent application filed in Australia or in a Convention country;

    7. (g)

      the complete specification must not contravene subsection 18(2) or (3) of the Act;

    8. (h)

      if the application is a divisional application made under section 79B of the Act in relation to an original application that is a PCT application, the complete specification for the PCT application must be open to public inspection;

    9. (i)

      if the application was converted from an application for a standard patent to an application for an innovation patent—the request to amend the patent request to convert the application was filed on a day that is before the day the term of the innovation patent, if granted, would have expired;

    10. (j)

      if the application is a divisional application under section 79B of the Act—the divisional application was filed on a day that is before the day the term of the innovation patent, if granted, would have expired;

    11. (k)

      the requirement specified in subsection 52(3) of the Act.

    Note 1: Subsection 52(3) of the Act provides that it is a requirement of the formalities check that the date of the patent (if granted) would be a date before the day that subsection commences. Subsection 52(3) was inserted by the Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Act 2020.

    Note 2: For the date of the patent, see section 65 of the Act and regulation 6.3.

  2. (2)

    If the application does not meet a requirement mentioned in paragraph (1)(a), (b), (c), (d), (e), (f), (h) or (k), the Commissioner must direct the applicant to do anything necessary to ensure that the application meets the requirement.

  3. (3)

    If an applicant to whom a direction under subregulation (2) has been given does not comply with the direction within 2 months from the date of the direction, the application lapses.

  4. (4)

    If the application does not meet the requirement mentioned in paragraph (1)(g), the Commissioner must direct the applicant to ensure that the application meets the requirement.

  5. (5)

    If an applicant to whom a direction under subregulation (4) has been given does not respond to the direction within 2 months from the date of the direction, the application lapses.

  6. (6)

    If an applicant to whom a direction under subregulation (4) has been given does not comply with the direction within 4 months from the date of the direction, the application lapses.

  7. (7)

    If an application lapses under subregulation (3), (5) or (6), the Commissioner must:

    1. (a)

      advertise that fact in the Official Journal; and

    2. (b)

      notify the applicant of the lapse.

3.2CSpecifications – formalities check for PCT application
  1. (1)

    This regulation applies to a PCT application if the applicant complied with the requirements of subsection 29A(5) of the Act.

  2. (2)

    The applicant must:

    1. (a)

      provide:

      1. (i)

        an address for service in Australia or New Zealand at which a document under the Act or these Regulations may be given to the applicant personally, or to a person nominated as the applicant’s representative; or

      2. (ii)

        another address for service in Australia to which it is practicable and reasonable for Australia Post, or a person acting for Australia Post, to deliver mail; or

      3. (iii)

        an address for service in New Zealand to which it is practicable and reasonable for a person providing mail delivery services to deliver mail; and

    2. (aa)

      provide the name of the inventor of the invention to which the application relates.

  3. (3)

    The PCT application must comply with the formalities requirements determined in an instrument under section 229 of the Act.

  4. (4)

    The Commissioner may, within one month from the date the applicant complied with subsection 29A(5) of the Act, direct the applicant to do anything necessary to ensure that the requirements mentioned in subregulations (2) and (3) are met.

  5. (5)

    The PCT application lapses if:

    1. (a)

      the applicant has been given a direction under subregulation (4); and

    2. (b)

      the applicant has not complied with the direction within 2 months of the date of the direction.

  6. (6)

    If the PCT application lapses under subregulation (5), the Commissioner must:

    1. (a)

      advertise that fact in the Official Journal; and

    2. (b)

      notify the applicant that the PCT application has lapsed.

3.3Abstracts
  1. (1)

    An abstract must consist of:

    1. (a)

      a summary of the disclosure as contained in the description, the claims and any drawings, graphics or photographs, being a summary:

      1. (i)

        that indicates the technical field to which the invention pertains; and

      2. (ii)

        that is drafted in a way that allows the clear understanding of the technical problem, the gist of the solution of that problem through the invention, and the principal use or uses of the invention; and

    2. (b)

      if applicable, any chemical formula that, among all the formulas contained in the specification, best characterises the invention.

  2. (2)

    An abstract must be as concise as the disclosure permits, preferably 50 to 150 words.

  3. (3)

    An abstract must not contain statements on the alleged merits or value of the claimed invention or on its speculative application.

  4. (4)

    Each main technical feature mentioned in the abstract and illustrated by a drawing, graphic or photograph in the specification must be followed by a reference sign placed between parentheses.

  5. (5)

    An abstract must be so drafted that it can efficiently serve as a scanning tool for the purposes of searching in the particular art, especially by assisting in the formulation of an opinion on whether there is a need to consult the specification itself for those purposes.

  6. (6)

    An abstract is not taken into account in construing the nature of the invention that is the subject of the specification to which the abstract relates.

3.4Substitute abstracts
  1. (1)

    If a filed abstract is not in accordance with these Regulations, the Commissioner may prepare a draft of a new abstract in substitution for the filed abstract.

  2. (2)

    A copy of the draft of a new abstract must be given to the applicant who may give the Commissioner written comments on the draft within 1 month of the draft being given to him or her.

  3. (3)

    The Commissioner must take the comments into account in the final preparation of the new abstract.

  4. (4)

    If the Commissioner prepares a new abstract, the new abstract is taken to be the abstract of the specification to which it relates.

  5. (5)

    If an applicant who files a complete specification does not file with it an abstract, the Commissioner, within 1 month of the date of filing of the complete specification, may direct the applicant to file an abstract within 1 month of the day on which the direction is given.

  6. (6)

    If an abstract is not filed within 1 month from the day on which the direction was given, the application lapses.

  7. (7)

    If an application lapses under subregulation (6), the Commissioner must:

    1. (a)

      advertise that fact in the Official Journal; and

    2. (b)

      notify the applicant of the lapse.

3.5Filing date – patent applications other than PCT applications
  1. (1)

    Subject to this regulation, the filing date of a patent application (other than a PCT application) is the date on which the following information is filed:

    1. (a)

      information in English that indicates that what is filed is intended to be an application for a patent;

    2. (b)

      information that allows the identity of the applicant to be established or allows the applicant to be contacted by the Patent Office;

    3. (c)

      information that appears to be a description.

  2. (2)

    For paragraph (1)(c), a description:

    1. (a)

      does not have to be in English; and

    2. (b)

      may be a drawing, graphic or photograph; and

    3. (c)

      may be a reference, in English, to an earlier patent application filed in Australia or in a Convention country.

  3. (3)

    For paragraph (2)(c), the earlier patent application does not have to be in English.

  4. (4)

    If all of the information mentioned in subregulation (1) is not filed in respect of an application, the Commissioner must, by notification to the applicant:

    1. (a)

      tell the applicant that all of the information mentioned in subregulation (1) was not filed in respect of the application; and

    2. (b)

      ask the applicant to file the additional information required.

  5. (5)

    If an applicant to whom a notification under subregulation (4) has been given does not file the additional information within 2 months from the date of the notification, the application is taken not to have been filed.

  6. (6)

    Subregulation (7) applies if an applicant to whom a notification under subregulation (4) has been given files the additional information within 2 months from the date of the notification.

  7. (7)

    For section 30 of the Act, the filing date of the patent application is the date on which the additional information is filed.

3.5AAFiling date – PCT applications

For section 30 of the Act, the filing date of a PCT application is:

  1. (a)

    the international filing date; or

  2. (b)

    if the Commissioner has treated another date as the international filing date under Rule 82ter of the PCT—that date; or

  3. (c)

    if section 10 of the Act applies to the application—the date taken to have been given as the international filing date under that section.

3.5AFiling date: incomplete specifications
  1. (1)

    This regulation applies if the information mentioned in subregulation 3.5(1) has been filed in respect of a patent application (other than a PCT application) but a part of the patent specification is missing.

  2. (2)

    If the Commissioner notices that a part of the specification is missing, the Commissioner must, by notification to the applicant:

    1. (a)

      tell the applicant that a part of the specification is missing; and

    2. (b)

      ask the applicant to file the missing part.

  3. (3)

    The missing part must be incorporated into the specification if, within the period applying under subregulation (4), the applicant:

    1. (a)

      files the missing part; or

    2. (b)

      if the applicant claims priority from an earlier basic application or associated provisional application—files:

      1. (i)

        the missing part; and

      2. (ii)

        a copy of the earlier application that contains, and indicates the location of, the missing part; and

      3. (iii)

        if the earlier application is not in English—a translation of the application into English.

  4. (4)

    For subregulation (3), the period is:

    1. (a)

      if a notification is given under subregulation (2)—2 months from the date of the notification; or

    2. (b)

      in any other case—the period ending on the earlier of:

      1. (i)

        2 months after the filing date; and

      2. (ii)

        the time of acceptance.

  5. (5)

    For section 30 of the Act, the filing date of the application is:

    1. (a)

      if paragraph (3)(a) applies—the date on which the missing part is filed; and

    2. (b)

      if paragraph (3)(b) applies—the date that would have been the filing date if the missing part had not been incorporated.

  6. (6)

    If paragraph (5)(a) applies, the Commissioner must notify the applicant of the new filing date.

  7. (7)

    Despite paragraph (5)(a), if within 1 month after being told of the new filing date, the applicant withdraws the missing part from the specification, the filing date of the application, for section 30 of the Act, is the date that would have been the filing date if the missing part had not been incorporated.

3.5ABPCT applications – international applications taken to be applications under the Act
  1. (1)

    This regulation applies to an international application that specifies Australia as a designated State under Article 4(1)(ii) of the PCT if:

    1. (a)

      the receiving Office has declared that the international application is taken to be withdrawn; or

    2. (b)

      the International Bureau has made a finding under Article 12(3) of the PCT.

  2. (2)

    The international application is taken to be a PCT application, as if a declaration or finding had not been made, if:

    1. (a)

      the applicant has made a request referred to in Article 25(1)(a) of the PCT within the time limit specified in Rule 51.1 of the PCT; and

    2. (b)

      the Commissioner has received, within the time limit specified in Rule 51.3 of the PCT:

      1. (i)

        the fees prescribed for paragraph 29A(5)(b) of the Act; and

      2. (ii)

        if the application is not filed in English and has not been published in English under Article 21 of the PCT—a translation into English of the specification of the PCT application as filed (with or without any rectifications under Rule 91 of the PCT) has been filed; and

    3. (c)

      the Commissioner believes on reasonable grounds that:

      1. (i)

        the declaration was the result of an error or omission by the receiving Office; or

      2. (ii)

        the finding was the result of an error or omission by the International Bureau.

3.5ACPCT applications – amendment
  1. (1)

    For subsection 29A(3) of the Act, this regulation sets out the circumstances and manner in which, and the day on which, a specification of a PCT application is taken to be amended.

Translation of application into English

  1. (2)

    If paragraph 29A(5)(a) of the Act applies to the PCT application:

    1. (a)

      the description, drawings, graphics, photographs and claims contained in the application are taken to have been amended by substituting the description, drawings, graphics, photographs and claims in the translation; and

    2. (b)

      the amendment is taken to have occurred on the day the translation was filed.

Application amended under Article 19 of PCT

  1. (3)

    Subject to subregulation (3A), if:

    1. (a)

      a PCT application was amended under Article 19 of the PCT; and

    2. (b)

      the application was amended before the applicant met the requirements of subsection 29A(5) of the Act;

the description, drawings, graphics, photographs and claims contained in the application are to be taken to have been amended on the day the amendment was made.

Translation of Article 19 amendment into English

  1. (3A)

    If:

    1. (a)

      a PCT application was amended under Article 19 of the PCT; and

    2. (b)

      the application was amended before the applicant met the requirements of subsection 29A(5) of the Act; and

    3. (c)

      the amendment has not been published in English under Article 21 of the PCT; and

    4. (d)

      a translation of the amendment into English is filed no later than when the applicant meets the requirements of subsection 29A(5) of the Act;

the description, drawings and claims contained in the application are taken to have been amended on the day the translation of the amendment into English was filed.

Application rectified under Rule 91 of PCT

  1. (4)

    If:

    1. (a)

      a PCT application was rectified under Rule 91 of the PCT; and

    2. (b)

      the rectification was made before the applicant met the requirements of subsection 29A(5) of the Act;

the description, drawings, graphics, photographs and claims contained in the application are to be taken to have been amended on the day the rectification was effective, unless the Commissioner disregards the rectification under Rule 91.3(f) of the PCT.

Application amended under Article 34 of PCT

(5) Subject to subregulations (5A) and (6), if:

  1. (a)

    a PCT application in respect of which Australia has been elected under Chapter II of the PCT has been amended under Article 34 of the PCT; and

  2. (b)

    an international preliminary examination report is established before the applicant meets the requirements of subsection 29A(5) of the Act;

the description, drawings, graphics, photographs and claims contained in the application are taken to have been amended on the day the amendment was made.

Translation of Article 34 amendment into English

  1. (5A)

    If:

    1. (a)

      a PCT application in respect of which Australia has been elected under Chapter II of the PCT has been amended under Article 34 of the PCT; and

    2. (b)

      an international preliminary examination report is established before the applicant meets the requirements of subsection 29A(5) of the Act; and

    3. (c)

      the amendment has not been published in English under Article 21 of the PCT; and

    4. (d)

      a translation of the amendment into English is filed no later than when the applicant meets the requirements of subsection 29A(5) of the Act;

the description, drawings and claims contained in the application are taken to have been amended on the day the translation of the amendment into English was filed.

  1. (6)

    However, subregulation (5) does not apply if:

    1. (a)

      the Commissioner has notified the applicant under regulation 3.17C or paragraph 10.2(1)(d); and

    2. (b)

      the applicant:

      1. (i)

        provides the advice mentioned in paragraph 3.17B(2)(b) or subparagraph 10.2(3)(c)(ii); or

      2. (ii)

        elects under paragraph 3.17B(2)(c) or subparagraph 10.2(3)(c)(iii) to abandon any amendments that may have been made under Article 34 of the PCT.

Indications under Rule 13bis.4 of the PCT

  1. (7)

    If an indication in relation to a deposited micro‑organism is furnished according to Rule 13bis.4 of the PCT in relation to a PCT application:

    1. (a)

      the description contained in the application is taken to have been amended to include that indication; and

    2. (b)

      the amendment is taken to have occurred on the day that indication is furnished to the International Bureau.

Correction of incorrect translations

  1. (8)

    If the applicant for a PCT application becomes aware of an error or omission in the translation of an amendment mentioned in subregulation (3A) or (5A), the applicant may file a corrected translation of the amendment.

  2. (9)

    If the Commissioner reasonably believes that the translation of an amendment mentioned in subregulation (3A) or (5A) does not accurately reflect the amendment, the Commissioner may, by notification to the applicant, require the applicant to do either of the following:

    1. (a)

      file a corrected translation of the amendment and a certificate of verification for the corrected translation;

    2. (b)

      file a certificate of verification for the translation.

  3. (10)

    If an applicant is given a notification under subregulation (9), the applicant must comply with the notification within 2 months after the day the notification is given.

  4. (11)

    For the purposes of paragraph 142(2)(f) of the Act, a PCT application lapses if:

    1. (a)

      the applicant for the PCT application is given a notification under subregulation (9); and

    2. (b)

      the applicant does not comply with the notification within the period required by subregulation (10).

Effect of corrections

  1. (12)

    The filing of a corrected translation of an amendment of a PCT application in accordance with this regulation is not an amendment for the purposes of subsection 29A(3) of the Act.

3.5ADPCT applications – prescribed requirements

For subsection 29A(4) of the Act, the following requirements are prescribed:

  1. (a)

    the requirements of subsections 29(4A) and (4B) of the Act;

  2. (b)

    subregulation 3.1(1).

3.5AEPCT applications – prescribed period
  1. (1)

    For subsection 29A(5) of the Act, the prescribed period is 31 months after the priority date of the application.

  2. (2)

    In this regulation:

priority date has the same meaning as in the PCT.

3.5AFPCT applications – translations and prescribed documents

Translations published under Article 21 of PCT

  1. (1)

    For paragraph 29A(5)(a) of the Act, subregulation (2) applies if:

    1. (a)

      a PCT application is not filed in English; and

    2. (b)

      the PCT application has been published in English under Article 21 of the PCT; and

    3. (c)

      a translation of the application into English was not filed before the date of publication under Article 21 of the PCT.

  2. (2)

    The publication under Article 21 of the PCT is taken:

    1. (a)

      to be the translation mentioned in paragraph 29A(5)(a) of the Act; and

    2. (b)

      to have been filed within the prescribed period; and

    3. (c)

      to have been verified in accordance with these Regulations.

Translations not published under Article 21 of PCT

  1. (2A)

    Subregulations (2B), (2C) and (2D) apply if:

    1. (a)

      a PCT application is not filed in English; and

    2. (b)

      the PCT application has not been published in English under Article 21 of the PCT.

  2. (2B)

    For the purposes of paragraph 29A(5)(a) of the Act, the requirement to file a translation of the PCT application into English is met if the applicant files a translation into English of the specification of the PCT application as filed (with or without any rectifications under Rule 91 of the PCT).

Correction of incorrect translations

  1. (2C)

    If the applicant for the PCT application becomes aware of an error or omission in the translation of the specification, the applicant may file a corrected translation of the specification.

  2. (2D)

    If the Commissioner reasonably believes that the translation of the specification does not accurately reflect the specification, the Commissioner may, by notification to the applicant, require the applicant to do either of the following:

    1. (a)

      file a corrected translation of the specification and a certificate of verification for the corrected translation;

    2. (b)

      file a certificate of verification for the translation.

  3. (2E)

    If an applicant is given a notification under subregulation (2D), the applicant must comply with the notification within 2 months after the day the notification is given.

  4. (2F)

    For the purposes of paragraph 142(2)(f) of the Act, a PCT application lapses if:

    1. (a)

      the applicant for the PCT application is given a notification under subregulation (2D); and

    2. (b)

      the applicant does not comply with the notification within the period required by subregulation (2E).

Effect of corrections

  1. (2G)

    An error or omission in a translation of a specification of a PCT application, or the filing of a corrected translation of a specification of a PCT application, does not have the effect that the requirements of subsection 29A(5) of the Act have not been met in relation to the application.

  2. (2H)

    The filing of a corrected translation of a specification of a PCT application in accordance with this regulation is not an amendment for the purposes of subsection 29A(3) of the Act.

Copy of application

  1. (3)

    For paragraph 29A(5)(b) of the Act, if a PCT application has not been published under Article 21 of the PCT, a copy of the application is a prescribed document.

  2. (4)

    In subregulations (1) and (3):

PCT application includes:

  1. (a)

    an amendment under Article 19 or 34 of the PCT; and

  2. (b)

    a rectification under Rule 91 of the PCT.

3.5AGConvention application – prescribed particulars
  1. (1)

    For paragraph 29B(4)(a) of the Act, the following particulars are prescribed in relation to a relevant basic application:

    1. (a)

      the country in which the application was made;

    2. (b)

      the number allocated to the application by the foreign patent office of the Convention country in which the application was made;

    3. (c)

      the date the application was made.

  2. (2)

    A reference to a country or a Convention country in subregulation (1) includes an intergovernmental authority to the extent that Rule 4.10 of the PCT permits for a PCT application.

    Note: An example for subregulation (2) is that the PCT allows the European Patent Office to be specified for a regional application instead of a particular Convention country.

3.5BFiling of documents outside business hours

The Patent Office and each sub‑office of the Patent Office (if any) may provide facilities for the filing of documents when the Office or sub‑office is not open to the public for business.

3.6Requests to make determinations between interested parties

For section 32 of the Act, a request must:

  1. (a)

    be in the approved form; and

  2. (b)

    have with it a notice, by the person making the request, stating the grounds on which the request is made.

3.7Form of certain applications

For the purposes of paragraphs 35(1)(b) and 36(1)(b) of the Act, an application must:

  1. (a)

    be in the approved form; and

  2. (b)

    have with it a notice by the applicant stating the grounds on which the application is made.

3.8Time within which applications are to be made following certain decisions and declarations

An application under section 29 of the Act must be made:

  1. (a)

    in the case of an application of the kind described in section 33 of the Act—within 3 months of the decision of the Commissioner referred to in paragraph 33(1)(c), (2)(c), (3)(c) or (4)(b) of the Act, as the case requires; or

  2. (b)

    in the case of an application of the kind described in section 34 of the Act—within 3 months of the declaration of a court under subsection 34(1) of the Act; or

  3. (c)

    in the case of an application of the kind described in section 35 of the Act—within 3 months of the declaration of the Commissioner under subsection 35(1) of the Act; or

  4. (d)

    in the case of an application of the kind described in section 36 of the Act—within 3 months of the declaration of the Commissioner under subsection 36(1) of the Act.

3.9Prescribed period: treatment of complete application as provisional

For subsection 37(1) of the Act, the prescribed period is:

  1. (a)

    for an application for a standard patent—the period from the date of filing of the complete application until the earlier of:

    1. (i)

      the end of 12 months from the filing date of the complete application; and

    2. (ii)

      the day that is 3 weeks before the due date for publishing a notice under section 54 of the Act; and

  2. (b)

    for an application for an innovation patent—12 months from the filing date of the complete application.

3.10Prescribed period: making of complete applications

For the purposes of section 38 of the Act, the period of 12 months from the filing date of the provisional application is prescribed.

3.11Prescribed period – making Convention application

For subsection 38(1A) of the Act, the prescribed period is 12 months from the day a basic application is first made in a Convention country for the invention.

Division 2Priority date of claim3.12What this Division is about
  1. (1)

    This Division determines the priority date of a claim:

    1. (a)

      for subsection 36(4) of the Act (see regulation 3.13); and

    2. (b)

      for paragraph 43(2)(a) of the Act (see regulations 3.13A to 3.13E); and

    3. (c)

      for section 114 of the Act (see regulation 3.14).

  2. (2)

    However, if more than one of regulations 3.13A to 3.13E applies to a single claim, the priority date of the claim, for paragraph 43(2)(a) of the Act, is the earliest of the dates that is determined by those regulations.

  3. (3)

    Despite regulations 3.13A to 3.13E, the priority date of a claim, for paragraph 43(2)(a) of the Act, is no later than the date of the filing of the specification.

  4. (4)

    In this Division, a document, or a set of documents considered together, clearly discloses an invention if the document, or set of documents, discloses the invention in a manner that is clear enough, and complete enough, for the invention to be performed by a person skilled in the relevant art.

  5. (5)

    For the purposes of subregulation (4), a document, or a set of documents considered together, is taken to clearly disclose an invention as mentioned in that subregulation so far as such disclosure requires a description of a micro‑organism, if:

    1. (a)

      the micro‑organism is deposited with a prescribed depository institution in accordance with such provisions of the Budapest Treaty as are applicable; and

    2. (b)

      the prescribed circumstances for paragraph 43(2B)(b) of the Act apply.

3.13Priority date for application by person declared under section 36 of the Act
  1. (1)

    This regulation determines the priority date of a claim under subsection 36(4) of the Act.

  2. (2)

    If the claimed invention is clearly disclosed in the specification mentioned in paragraph 36(1)(c) of the Act:

    1. (a)

      if the specification was filed in relation to a complete application, the priority date of the claim is the priority date that the claim would have had if the claim was included in the specification; and

    2. (b)

      if the specification was filed in relation to a provisional application, the priority date of the claim is the date the specification was filed.

  3. (3)

    If the claimed invention is not clearly disclosed in the specification mentioned in paragraph 36(1)(c) of the Act, the priority date of the claim is the date the specification for the complete application referred to in subsection 36(4) of the Act was filed.

3.13APriority date for PCT application
  1. (1)

    This regulation applies to a claim if:

    1. (a)

      the circumstance mentioned in subregulation (2) (a prescribed circumstance for paragraph 43(2A)(a) of the Act) applies to the invention defined in the claim; and

    2. (b)

      either:

      1. (i)

        a document mentioned in subregulation (4) (a prescribed document for paragraph 43(2A)(b) of the Act) clearly discloses the invention in the claim; or

      2. (ii)

        2 or more of those documents (a prescribed set of prescribed documents for paragraph 43(2A)(b) of the Act), considered together, clearly disclose the invention in the claim.

Circumstance

  1. (2)

    For paragraph (1)(a), the circumstance is that the specification containing the claim that defines the invention was filed for a PCT application, and:

    1. (a)

      either:

      1. (i)

        the PCT application claims the priority of an earlier application under Article 8 of the PCT; or

      2. (ii)

        the PCT application has been amended to include a claim to priority from an earlier application that, at the time of filing the PCT application, was a claim to priority that could have been made under Article 8 of the PCT; and

    2. (b)

      either:

      1. (i)

        the earlier application was made in Australia no more than 12 months before the filing date of the PCT application; or

      2. (ii)

        the earlier application was made in Australia more than 12 months before the filing date of the PCT application, and:

        1. (A)

          a receiving Office has restored the priority under Rule 26bis.3, and the restored priority has not been found to be ineffective by the Commissioner or a prescribed court under Rule 49ter.1; or

        2. (B)

          the Commissioner has restored the priority under Rule 49ter.2; or

        3. (C)

          the Commissioner has granted an extension of time under section 223 of the Act that has the effect of restoring a right of priority; or

      3. (iii)

        the earlier application is a basic application that was the first application made in a Convention country in relation to the invention, and:

        1. (A)

          the earlier application was made no more than 12 months before the filing date of the PCT application; or

        2. (B)

          the earlier application was made more than 12 months before the filing date of the PCT application, and a receiving Office has restored the priority under Rule 26bis.3, and the restored priority has not been found to be ineffective by the Commissioner or a prescribed court under Rule 49ter.1; or

        3. (C)

          the earlier application was made more than 12 months before the filing date of the PCT application, and the Commissioner has restored the priority under Rule 49ter.2; or

        4. (D)

          the earlier application was made more than 12 months before the filing date of the PCT application, and the Commissioner has granted an extension of time under section 223 of the Act that has the effect of restoring a right of priority; or

      4. (iv)

        the earlier application is a basic application that was made after a basic application mentioned in subparagraph (iii).

  2. (3)

    For the purposes of this regulation, if a provisional specification was filed for a basic application when the application was made, a complete specification later filed for the basic application is taken to be another basic application from which the PCT application claims priority, made on the day when the complete specification was filed.

Documents

  1. (4)

    For paragraph (1)(b), the documents are the documents filed for the earlier application at the time the application was made.

Priority date

  1. (5)

    Subject to regulation 3.12, the priority date is:

    1. (a)

      the date when the earlier application was made; or

    2. (b)

      if there is more than one earlier application—the date the earliest of those applications was made for which paragraph (1)(b) is satisfied.

Prescribed circumstances for micro‑organisms

  1. (6)

    For paragraph 43(2B)(b) of the Act, the prescribed circumstances for a disclosure that requires a description of a micro‑organism are as follows:

    1. (a)

      the deposit of the micro‑organism with a prescribed depository institution, in accordance with such provisions of the Budapest Treaty as are applicable, occurs on or before the date when the documents mentioned in subregulation (4) are filed;

    2. (b)

      either:

      1. (i)

        a document mentioned in subregulation (4) includes the relevant information on the characteristics of the micro‑organism that is known to the applicant at the time the documents are filed; or

      2. (ii)

        2 or more of those documents, considered together, include the relevant information on the characteristics of the micro‑organism that is known to the applicant at the time the documents are filed;

    3. (c)

      the requirements of paragraph 6(c) of the Act are satisfied by the complete specification that contains the claim.

3.13BPriority date for Convention application
  1. (1)

    This regulation applies to a claim if:

    1. (a)

      the circumstance mentioned in subregulation (1A) (a prescribed circumstance for paragraph 43(2A)(a) of the Act) applies to the invention defined in the claim; and

    2. (b)

      either:

      1. (i)

        a document mentioned in subregulation (2) (a prescribed document for paragraph 43(2A)(b) of the Act) clearly discloses the invention in the claim; or

      2. (ii)

        2 or more of those documents (a prescribed set of prescribed documents for paragraph 43(2A)(b) of the Act), considered together, clearly disclose the invention in the claim.

Circumstance

  1. (1A)

    For paragraph (1)(a), the circumstance is that the specification containing the claim that defines the invention was filed for:

    1. (a)

      a Convention application; or

    2. (b)

      a complete application that has been amended to become a Convention application.

Documents

  1. (2)

    For paragraph (1)(b), the documents are the documents filed for a related basic application at the time when the application was made.

  2. (3)

    For this regulation, if a provisional specification was filed for a related basic application when the application was made, a complete specification later filed for the basic application is taken to be another related basic application made on the day the complete specification was filed.

  3. (4)

    Subject to regulation 3.12, the priority date is:

    1. (a)

      the date the related basic application was made; or

    2. (b)

      if there is more than one related basic application—the date the earliest of those applications was made for which paragraph (1)(b) is satisfied.

Prescribed circumstances for micro‑organisms

  1. (5)

    For paragraph 43(2B)(b) of the Act, the prescribed circumstances for a disclosure that requires a description of a micro‑organism are as follows:

    1. (a)

      the deposit of the micro‑organism with a prescribed depository institution, in accordance with such provisions of the Budapest Treaty as are applicable, occurs on or before the date when the documents mentioned in subregulation (2) are filed;

    2. (b)

      either:

      1. (i)

        a document mentioned in subregulation (2) includes the relevant information on the characteristics of the micro‑organism that is known to the applicant at the time the documents are filed; or

      2. (ii)

        2 or more of those documents, considered together, include the relevant information on the characteristics of the micro‑organism that is known to the applicant at the time the documents are filed;

    1. (c)

      the requirements of paragraph 6(c) of the Act are satisfied by the complete specification that contains the claim.

3.13CPriority date for complete application associated with provisional application
  1. (1)

    This regulation applies to a claim if:

    1. (a)

      the circumstance mentioned in subregulation (1A) (a prescribed circumstance for paragraph 43(2A)(a) of the Act) applies to the invention defined in the claim; and

    2. (b)

      either:

      1. (i)

        a document mentioned in subregulation (2) (a prescribed document for paragraph 43(2A)(b) of the Act) clearly discloses the invention in the claim; or

      2. (ii)

        2 or more of those documents (a prescribed set of prescribed documents for paragraph 43(2A)(b) of the Act), considered together, clearly disclose the invention in the claim.

Circumstance

  1. (1A)

    For paragraph (1)(a), the circumstance is that the specification containing the claim that defines the invention was filed for a complete application that is associated with a provisional application under section 38 of the Act.

Documents

  1. (2)

    For paragraph (1)(b), the documents are the documents filed for the provisional application at the time when the application was made.

  2. (3)

    Subject to regulation 3.12, the priority date is:

    1. (a)

      the date the provisional application was made; or

    2. (b)

      if there is more than one provisional application—the date the earliest of those applications was made for which paragraph (1)(b) is satisfied.

Prescribed circumstances for micro‑organisms

  1. (4)

    For paragraph 43(2B)(b) of the Act, the prescribed circumstances for a disclosure that requires a description of a micro‑organism are as follows:

    1. (a)

      the deposit of the micro‑organism with a prescribed depository institution, in accordance with such provisions of the Budapest Treaty as are applicable, occurs on or before the date when the documents mentioned in subregulation (2) are filed;

    2. (b)

      either:

      1. (i)

        a document mentioned in subregulation (2) includes the relevant information on the characteristics of the micro‑organism that is known to the applicant at the time the documents are filed; or

      2. (ii)

        2 or more of those documents, considered together, include the relevant information on the characteristics of the micro‑organism that is known to the applicant at the time the documents are filed;

    3. (c)

      the requirements of paragraph 6(c) of the Act are satisfied by the complete specification that contains the claim.

3.13DPriority date for divisional application filed prior to grant of patent
  1. (1)

    This regulation applies to a claim if:

    1. (a)

      the specification containing the claim that defines the invention was filed for:

      1. (i)

        a divisional application under section 79B of the Act; or

      2. (ii)

        a complete application that has been amended to become a divisional application under section 79B of the Act; and

    2. (b)

      the specification mentioned in subsection 79B(1) of the Act (the earlier specification) clearly discloses the invention in the claim.

  2. (2)

    However, this regulation does not apply to a claim if:

    1. (a)

      the deposit requirements must be satisfied in relation to the invention to comply with paragraph 40(2)(a) of the Act; and

    2. (b)

      when the divisional application under section 79B of the Act is made, the period prescribed in subregulation 1.5(1) has ended in relation to the earlier specification; and

    3. (c)

      the requirements of paragraph 6(c) of the Act are not satisfied in relation to the earlier specification.

  3. (3)

    Subject to regulation 3.12, the priority date is the priority date that the claim would have had if the claim was in the earlier specification.

  4. (4)

    For subsection 43(2A) of the Act:

    1. (a)

      the circumstance mentioned in paragraph (1)(a) is a prescribed circumstance; and

    2. (b)

      the document mentioned in paragraph (1)(b) is a prescribed document.

  5. (5)

    For paragraph 43(2B)(b) of the Act, the prescribed circumstances for a disclosure that requires a description of a micro‑organism are as follows:

    1. (a)

      the deposit of the micro‑organism with a prescribed depository institution, in accordance with such provisions of the Budapest Treaty as are applicable, occurs on or before the date when the document mentioned in paragraph (1)(b) is filed;

    2. (b)

      the document mentioned in paragraph (1)(b) includes the relevant information on the characteristics of the micro‑organism that is known to the applicant at the time the documents are filed;

    3. (c)

      the requirements of paragraph 6(c) of the Act are satisfied by the complete specification that contains the claim.

3.13EPriority date for divisional application after grant of innovation patent
  1. (1)

    This regulation applies to a claim if:

    1. (a)

      both of the following apply:

      1. (i)

        the specification containing the claim that defines the invention was filed for a divisional application under section 79C of the Act;

      2. (ii)

        examination of the divisional application is requested within 2 months from the date of the grant of the divisional application; and

    2. (b)

      the specification referred to in subsection 79C(1) of the Act clearly discloses the invention in the claim.

  2. (2)

    Subject to regulation 3.12, the priority date is the priority date that the claim would have had if the claim had been in the specification mentioned in subsection 79C(1) of the Act.

  3. (3)

    For subsection 43(2A) of the Act:

    1. (a)

      the circumstance mentioned in paragraph (1)(a) is a prescribed circumstance; and

    2. (b)

      the document mentioned in paragraph (1)(b) is a prescribed document.

  4. (4)

    For paragraph 43(2B)(b) of the Act, the prescribed circumstances for a disclosure that requires a description of a micro‑organism are as follows:

    1. (a)

      the deposit of the micro‑organism with a prescribed depository institution, in accordance with such provisions of the Budapest Treaty as are applicable, occurs on or before the date when the document mentioned in paragraph (1)(b) is filed;

    2. (b)

      the document mentioned in paragraph (1)(b) includes the relevant information on the characteristics of the micro‑organism that is known to the applicant at the time the document is filed;

    3. (c)

      the requirements of paragraph 6(c) of the Act are satisfied by the complete specification that contains the claim.

3.14Priority dates: certain amended claims

If section 114 of the Act applies to a claim of a specification, the priority date of the claim is:

  1. (a)

    in the case of an amendment to which subsection 29A(3) of the Act applies—the date on which the amendment is taken to have been made under that subsection; and

  2. (b)

    in any other case—the date of filing of the statement of proposed amendments that resulted in the disclosure referred to in subparagraph 114(1)(c)(ii) of the Act.

Division 3Examination3.14ARequest for international‑type search relating to provisional application
  1. (1)

    An applicant for a provisional application may make a request under Article 15(5) of the PCT for an international‑type search in relation to the application.

  2. (2)

    The applicant must make the request within 10 months from the date the provisional application was filed.

  3. (3)

    If more than one International Searching Authority is competent under Article 15(5) of the PCT to carry out the search, the Commissioner may choose the Authority that will carry out the search.

3.14BRequest for preliminary search and opinion relating to complete application
  1. (1)

    This regulation applies to a complete application for a standard patent made on or after 15 April 2013.

  2. (2)

    If the applicant has not asked for an examination under section 44 of the Act, the applicant may request a preliminary search and opinion relating to the application under section 43A of the Act.

  3. (3)

    The request must be in the approved form.

    Note: Section 43A of the Act does not require a request to be made before the Commissioner conducts a preliminary search and opinion.

3.14CPriority dates – Convention applications and PCT applications: prescribed period for disregarding earlier applications

For paragraph 43(5)(b) of the Act, the period of more than 12 months before the filing of the Convention application or PCT application is prescribed.

3.14DPrescribed documents: basic application
  1. (1)

    For subsection 43AA(1) of the Act, the following documents that relate to a basic application are prescribed:

    1. (a)

      a copy of the specification filed for, and at the same time as, the basic application;

    2. (b)

      a copy of any other document filed for the basic application, whether filed at the same time as, or after, the basic application is filed;

    3. (c)

      a document mentioned in paragraph (a) or (b) that has been certified by the competent authority of the Convention country in which the basic application was made;

    4. (d)

      if the application relates to a micro‑organism—a copy of a receipt for the deposit of the micro‑organism issued by a prescribed depository institution;

    5. (e)

      if a document mentioned in paragraphs (a) to (d) is not in English—a translation of the document into English.

  2. (2)

    For subsection 43AA(4) of the Act, if the Commissioner requires that a prescribed document relating to a basic application be made available to the Commissioner:

    1. (a)

      the prescribed means for making the document available are:

      1. (i)

        filing the document with the Australian Patent Office; or

      2. (ii)

        making the document available through an approved digital library; and

    2. (b)

      the prescribed period for making the document available is 3 months from the day the Commissioner requires the document be made available.

(3) However, if the Commissioner is satisfied that:

  1. (a)

    a document was made available for inspection by the Commissioner in an approved digital library within the period mentioned in paragraph (2)(b); and

  2. (b)

    the document is no longer available for inspection;

the prescribed period is 2 months after the day the Commissioner notifies the applicant or patentee that the Commissioner has not been able to inspect the document in the approved digital library.

3.15Requirements of request for examination
  1. (1)

    For the purposes of subsection 44(1) of the Act, the period of 5 years from the filing date of the complete application is prescribed.

  2. (2)

    For the purposes of subsection 44(1) of the Act, a request for an examination of a patent request and complete specification must be in the approved form.

3.16Prescribed grounds and period for examination
  1. (1)

    For the purposes of subsection 44(2) of the Act, the following grounds are prescribed:

    1. (a)

      that the Commissioner reasonably considers it expedient to give the direction having regard to the progress made in the examination of applications filed before the filing date of the application concerned;

    2. (b)

      that the Commissioner reasonably considers it to be in the public interest to give the direction;

    3. (c)

      that the Commissioner reasonably considers it expedient to give the direction, having regard to the examination of another application for a standard patent or the examination of an innovation patent.

  2. (2)

    For the purposes of subsection 44(2) of the Act, the prescribed period is 2 months from the day on which the direction was given.

  3. (3)

    A direction must be given in writing and state the grounds on which it is given.

3.17Requirement for Commissioner to direct or expedite examination
  1. (1)

    For the purposes of subsection 44(3) of the Act, a person may, in the approved form, request the Commissioner to direct an applicant for a standard patent to ask for an examination of the patent request and complete specification under subsection 44(2) of the Act.

  2. (2)

    If an applicant has asked for an examination of the patent request and complete specification to be expedited, the Commissioner may do so if he or she is reasonably satisfied that:

    1. (a)

      it is in the public interest; or

    2. (b)

      there are special circumstances that make it desirable.

3.17APCT applications – Commissioner not to give certain directions
  1. (1)

    This regulation applies to a PCT application that is treated as an application for a standard patent under the Act.

  2. (2)

    The Commissioner must not give a direction under section 44 of the Act unless the applicant has complied with the requirements of subsection 29A(5) of the Act.

3.17BPCT applications – examination requirements
  1. (1)

    For subsection 45(1A) of the Act, this regulation prescribes requirements for a PCT application.

  2. (2)

    The requirements are that the applicant must:

    1. (a)

      give a copy of the international preliminary examination report to the Commissioner; or

    2. (b)

      advise that:

      1. (i)

        no demand was made under Article 31 of the PCT; or

      2. (ii)

        no amendments were made under Article 34 of the PCT; or

      3. (iii)

        the demand was made under Article 31 of the PCT, or the international preliminary examination report was established, after the applicant complied with the requirements of subsection 29A(5) of the Act; or

    3. (c)

      elect to abandon any amendments that may have been made under Article 34 of the PCT.

  3. (3)

    However, subregulation (2) applies only if:

    1. (a)

      each of the following applies:

      1. (i)

        the applicant demanded an international preliminary examination under Article 31 of the PCT before complying with the requirements of subsection 29A(5) of the Act;

      2. (ii)

        at least 3 months after the applicant complied with the requirements of subsection 29A(5) of the Act, the Commissioner asks for a copy of the international preliminary examination report from the International Bureau;

      3. (iii)

        the International Bureau advises that the international preliminary examination report is not available; or

    2. (b)

      both of the following apply:

      1. (i)

        the applicant asks for the examination to be expedited under subregulation 3.17(2);

      2. (ii)

        a copy of an international preliminary examination report relating to the application has not been provided to the Commissioner.

    Note: Under subparagraph 3.5AC(9)(b)(ii), if the applicant provides the advice, or makes the election, mentioned in paragraph (2)(b) or (c), any amendments made under Article 34 of the PCT are not taken to be included in the application.

  4. (4)

    In this regulation:

international preliminary examination report has the same meaning as it has in the PCT.

3.17CPCT applications – notice if examination declined

If the Commissioner declines to examine a request and specification under subsection 45(1A) of the Act, the Commissioner must notify the applicant and ask the applicant to meet the requirements in subregulation 3.17B(2).

3.18Report of Commissioner: examination
  1. (2)

    For paragraph 45(1)(d) of the Act, the following matters are prescribed:

    1. (a)

      whether, to the best of the Commissioner’s knowledge, the request and specification comply with the following provisions of the Act:

      1. (i)

        section 15 (Who may be granted a patent?);

      2. (ii)

        section 29 (Application for patent—general rules);

      3. (iii)

        section 29B (Applications for patents—special rules for Convention applications);

      4. (iv)

        section 38 (Time for making complete application);

      5. (v)

        section 79B (Divisional applications prior to grant of patent);

      6. (vi)

        section 81 (Grant of patent of addition);

    2. (c)

      whether acceptance of the request and specification should be refused under section 50 of the Act (application or grant may be refused in certain cases);

    3. (e)

      whether a patent cannot be granted on the application because of subsection 64(2) of the Act (grant: multiple applications);

    4. (f)

      for a PCT application—whether, to the best of the Commissioner’s knowledge, the requirements of subregulations 3.2C(2) and (3) are met.

  2. (4)

    If a notice is filed under subsection 27(1) of the Act before the patent request and complete specification to which the notice relates have been accepted under subsection 49(1) of the Act, in examining the patent request and complete specification under section 45 of the Act, the Commissioner must consider a matter stated in the notice that addresses a claim that the invention concerned does not comply with paragraph 18(1)(b) of the Act.

3.19Conduct of examination: standard patents
  1. (1)

    If the Commissioner reasonably believes that there are lawful grounds of objection to the patent request or complete specification, he or she must state the grounds of objection in reporting on an examination.

  2. (2)

    The applicant may contest the objection in writing or ask for leave to amend the patent request or complete specification in accordance with Chapter 10.

  3. (3)

    If the applicant asks for leave to amend a patent request or complete specification in response to, or in anticipation of, a report under section 45 of the Act, the Commissioner must examine the request and specification and report as if each proposed amendment had been made.

  4. (4)

    If the applicant contests the objection, the Commissioner must examine the request and specification and take note of the matters raised by the applicant.

3.22Disclosure of patent documents and information to International Bureau etc
  1. (1)

    The Commissioner may disclose any or all of the following to the International Bureau or a foreign patent office:

    1. (a)

      the patent application or patent;

    2. (b)

      a document given by the applicant, or another person, to the Commissioner in connection with the patent application or patent;

    3. (c)

      a document in the Commissioner’s possession that relates to the patent application or the application of the patent;

    4. (d)

      any information in the Commissioner’s possession that relates to a document mentioned in paragraph (a), (b) or (c);

whether or not the application is open for public inspection.

  1. (2)

    However, if the patent application, document or information is not open for public inspection, the Commissioner must not disclose the application, document or information without the consent of the applicant.

    Note: Section 194 of the Act also authorises the Commissioner to give a person certain information about patents, patent applications and other documents in certain circumstances.

  2. (3)

    The Commissioner may disclose the patent application, document or information by depositing it in an approved digital library or by any other means.

Part 2Inventions that are micro‑organisms 3.23Documents in accepted applications and patents involving micro‑organisms
  1. (1)

    Where a micro‑organism is deposited with a prescribed depositary institution for the purposes of section 41 of the Act, the following documents must be filed in relation to an application that has been accepted under section 49 or 52 of the Act or a patent in respect of the micro‑organism:

    1. (a)

      if the deposit is an original deposit within the meaning of Rule 7.3 of the Budapest Treaty or a new deposit within the meaning of Rule 7.4 of that Treaty—a copy of a receipt issued by the institution under Rule 7 of the Treaty;

    2. (b)

      if samples of the micro‑organism were transferred to that institution under Rule 5.1(a)(i) of the Treaty—a copy of a receipt issued by the institution under Rule 7 of the Treaty;

    3. (c)

      if a receipt referred to in paragraph (a) or (b) is not in English—a translation of the receipt into English.

  2. (2)

    The documents referred to in subregulation (1) must be filed within 3 months from the date of receipt of the micro‑organism by the prescribed depositary institution.

3.24Commissioner may request samples and viability statement
  1. (1)

    If, in relation to a patent application or patent in respect of a micro‑organism, the micro‑organism is deposited with a prescribed depositary institution, the Commissioner:

    1. (a)

      on the order of a court in Australia, must; or

    2. (b)

      on his or her own motion or on application in writing by another person, may;

for the purposes of proceedings before the Commissioner or any other legal proceedings in Australia:

  1. (c)

    make to that institution a request referred to in Rule 11.1 of the Budapest Treaty for a sample of that micro‑organism; and

  2. (d)

    in relation to that micro‑organism, make the declaration referred to in that Rule.

  1. (2)

    Before making a request, the Commissioner must give the applicant or patentee concerned, and any other person who apparently has an interest in the request, an opportunity to be heard, unless the request is made on the order of a court.

  2. (3)

    If the Commissioner decides to make, or to refuse to make, a request, he or she must notify the applicant or patentee concerned, and any other person who apparently has an interest in the request, of the decision, and of the reasons for the decision, as soon as practicable after the decision.

  3. (4)

    The Commissioner may make a request referred to in Rule 10.2(a)(iii) of the Budapest Treaty for a statement concerning the viability of a micro‑organism if a sample of the micro‑organism has been given to the Commissioner in accordance with a request under subregulation (1).

am. No. 31, 2013

ed C69

r 3.2...........................................

am 1995 No. 16; 2000 No. 317

rs 2001 No. 98; No 88, 2015; F2018L01435

r 3.2A........................................

ad 2001 No. 98

rs 2009 No. 332

am No. 31, 2013; F2018L01435

r 3.2AB......................................

ad No 31, 2013

am F2020L00997

r 3.2B........................................

ad 2001 No. 98

am 2002 No. 59; No. 31, 2013; F2018L01435; F2020L00398

r 3.2C........................................

ad No 31, 2013

am No 88, 2015; F2016L01754; F2018L01435; F2019L00376

r. 3.3..........................................

am. 1995 No. 16; 2002 No. 59; No. 31, 2013; F2018L01435

r 3.4...........................................

am 1995 No. 16; 2002 No. 59; F2018L01435

r 3.5...........................................

am 2000 No. 317

rs 2001 No. 98

am No. 31, 2013; F2018L01435

r .3.5AA.....................................

ad. No. 31, 2013

r 3.5A........................................

ad 2001 No. 98

am 2002 No. 59; 2008 No. 279; No. 31, 2013; F2018L01435; F2019L00376

r. 3.5AB.....................................

ad. No. 31, 2013

am F2019L00376

r. 3.5AC.....................................

ad. No. 31, 2013

am F2018L01435; F2019L00376

r. 3.5AD.....................................

ad. No. 31, 2013

am F2018L01435

r. 3.5AE.....................................

ad. No. 31, 2013

r. 3.5AF.....................................

ad. No. 31, 2013

am F2019L00376

r. 3.5AG.....................................

ad. No. 31, 2013

r. 3.5B........................................

ad. 2001 No. 98

am. No. 31, 2013

r. 3.6..........................................

rs. 2001 No. 98

r. 3.7..........................................

am. 2001 No. 98

r. 3.8..........................................

rs. 1995 No. 16

am. 2001 No. 98

r. 3.9..........................................

rs. 2001 No. 98

r. 3.10........................................

am. 2001 No. 98

r 3.11.........................................

rep No 98, 2001

ad No 31, 2013

am No 88, 2015

Division 2

Division 2 heading......................

ad. No. 31, 2013

r 3.12.........................................

am No 16, 1995; No 98, 2001; No 40, 2007

rs No. 31, 2013

am No 88, 2015

r. 3.13........................................

rs. 2001 No. 98; No. 31, 2013

r 3.13A......................................

ad No. 31, 2013

am No 88, 2015

r 3.13B.......................................

ad No 31, 2013

am No 88, 2015

r 3.13C.......................................

ad No 31, 2013

am No 88, 2015

r 3.13D......................................

ad No 31, 2013

am No 88, 2015

r 3.13E.......................................

ad No 31, 2013

am No 88, 2015

r. 3.14........................................

am. 2001 No. 98; No. 31, 2013

Division 3

Division 3 heading......................

ad. No. 31, 2013

r. 3.14A......................................

ad. No. 31, 2013

r. 3.14B......................................

ad. No. 31, 2013

r. 3.14C......................................

ad. No. 31, 2013

r. 3.14D......................................

ad. No. 31, 2013

am F2019L00376

r 3.15.........................................

am No 98, 2001; No 31, 2013; No 88, 2015

r. 3.16........................................

am. 2001 No. 98; No. 31, 2013

r. 3.17........................................

am. 2001 No. 98

r. 3.17A......................................

ad. 2002 No. 59

am. 2002 No. 263, 2003 No. 71

rs. 2003 No. 213; No. 31, 2013

r. 3.17B......................................

ad. 2003 No. 213

am. 2007 No. 357

rs. No. 31, 2013

r. 3.17C......................................

ad. No. 31, 2013

r 3.18.........................................

am 1995 No. 16; 2001 No. 98; 2007 No. 357; 2008 No. 279; No. 31, 2013

ed C65

am F2018L01435

r. 3.19........................................

am. 1995 No. 16; 2001 No. 98; No. 31, 2013

r. 3.20........................................

am. 2001 No. 98; 2008 No. 279

rep. No. 31, 2013

r. 3.21........................................

am. 1995 No. 16; 2001 No. 98

rep. No. 31, 2013

r. 3.22........................................

am. 1995 No. 16

rep. 2001 No. 98

ad. 2008 No. 279

rs. 2009 No. 332

Part 2

r. 3.23........................................

am. 1995 No. 16; 2001 No. 98; F2019L00376

r 3.24.........................................

am 1995 No. 16; F2018L01435

r 3.25.........................................

am 1995 No. 16; 2001 No. 98

rs No 88, 2015

am F2018L01435

r 3.25A......................................

ad No 88, 2015

r 3.25B.......................................

ad No 88, 2015

r 3.25C.......................................

ad No 88, 2015

r 3.25D......................................

ad No 88, 2015

am F2020L00398

r 3.25E.......................................

ad No 88, 2015

am F2020L00398

r 3.25F.......................................

ad No 88, 2015

r 3.25G......................................

ad No 88, 2015

r 3.25H......................................

ad No 88, 2015

am F2018L01435

r. 3.26........................................

am. 2001 No. 98

r. 3.27........................................

am. 2001 No. 98

r. 3.28........................................

am. 2001 No. 98

r. 3.29........................................

am. 2001 No. 98

r. 3.30........................................

am. 1995 No. 16; 2001 No. 98

r. 3.31........................................

am. 2001 No. 98

r 3.32.........................................

ad No 88, 2015

Chapter 4

r. 4.1..........................................

am. 2001 No. 98; No. 31, 2013

r. 4.2..........................................

am. 1995 Nos. 16 and 82; 2001 No. 98; F2018L01435

r. 4.3..........................................

am. 1995 No. 16; 1998 No. 45; 1999 No. 261; 2002 No. 100; 2009 No. 332; No. 31, 2013

r. 4.4..........................................

ad. No. 31, 2013

am F2016L01754

Chapter 5

Chapter 5...................................

rs. No. 31, 2013

Part 5.1

r. 5.1..........................................

am. 1995 Nos. 16 and 82; 1997 No. 192; 1998 No. 319; 2001 No. 98

rs. No. 31, 2013

r. 5.2..........................................

am. 2001 No. 98

rs. No. 31, 2013

r 5.3...........................................

am 1995 Nos. 16 and 82; 1998 No. 319; 2001 No. 98

rs No. 31, 2013

rep F2018L01435

Part 5.2

Division 5.2.1

r. 5.3AA.....................................

ad. 2001 No. 98

rep. No. 31, 2013

r. 5.3A.......................................

ad. 1995 No. 16

am 2001 No 98

rep. No. 31, 2013

r. 5.3B........................................

ad. 2001 No. 98

rep. No. 31, 2013

r. 5.4..........................................

am. 1993 No. 113; 1995 No. 82

rs. 2001 No. 98; No. 31, 2013

r. 5.5..........................................

am. 2001 No. 98

rs. No. 31, 2013

r. 5.6..........................................

am. 2001 No. 98

rs. No. 31, 2013

r. 5.7..........................................

am. 2001 No. 98

rs. No. 31, 2013

r. 5.8..........................................

am. 1995 Nos. 16 and 82; 2001 No. 98; 2002 No. 59

rs. No. 31, 2013

r. 5.9..........................................

am. 1995 No. 16; 2000 No. 317; 2001 No. 98

rs. No. 31, 2013

r. 5.9A.......................................

ad. 2004 No. 250

rep. No. 31, 2013

Division 5.2.2

r. 5.10........................................

am. 1993 Nos. 113 and 340; 2000 No. 317; 2001 No. 98; 2002 No. 59; 2004 No. 250

rs. No. 31, 2013

r. 5.11........................................

am. 2001 No. 98

rs. No. 31, 2013

r. 5.12........................................

rs. 2001 No. 98

rs. No. 31, 2013

Part 5.3

r. 5.13........................................

am. 1995 No. 16

rs. 2001 No. 98; No. 31, 2013

r. 5.14........................................

rs. 2001 No. 98; No. 31, 2013

r. 5.15........................................

rs. No. 31, 2013

r. 5.16........................................

ad. No. 31, 2013

Part 5.4

r. 5.17........................................

ad. No. 31, 2013

r. 5.18........................................

ad. No. 31, 2013

Part 5.5

r. 5.19........................................

ad. No. 31, 2013

r. 5.20........................................

ad. No. 31, 2013

Part 5.6

r. 5.21........................................

ad. No. 31, 2013

r. 5.22........................................

ad. No. 31, 2013

r. 5.23........................................

ad. No. 31, 2013

r. 5.24........................................

ad. No. 31, 2013

r. 5.25........................................

ad. No. 31, 2013

r 5.26.........................................

ad No. 31, 2013

am F2018L01435

Chapter 6

Part 1

Part 1 heading.............................

ad. 1998 No. 319

r. 6.1..........................................

am. 2001 No. 98

r. 6.1A.......................................

ad. No. 31, 2013

r 6.2...........................................

am 2001 No 98; No 31, 2013; F2024L01299

r. 6.2A.......................................

ad. No. 31, 2013

r. 6.3..........................................

am. 1999 No. 261

rs. 2001 No. 98

am. No. 31, 2013

r. 6.4..........................................

am. 2001 No. 98

rep. No. 31, 2013

r 6.5...........................................

rep. 2001 No. 98

r 6.6...........................................

rep. 2001 No. 98

r. 6.7..........................................

am. 1995 No. 16

rep. 1995 No. 82

Part 2

Part 2.........................................

ad. 1998 No. 319

r. 6.7..........................................

ad. 1998 No. 319

r. 6.8..........................................

ad. 1998 No. 319

r. 6.9..........................................

ad. 1998 No. 319

r. 6.10........................................

ad. 1998 No. 319

r. 6.11........................................

ad. 1998 No. 319

am. 2001 No. 98

Chapter 6A

Chapter 6A.................................

ad. 2001 No. 98

rs. No. 31, 2013

r. 6A.1.......................................

ad. 2001 No. 98

rs. No. 31, 2013

r. 6A.2.......................................

ad. 2001 No. 98

rs. 2007 No. 40; No. 31, 2013

Chapter 7

r. 7.1..........................................

am. 2001 No. 98

r. 7.2..........................................

am. 2001 No. 98

Chapter 8...................................

rep. No. 31, 2013

r. 8.1..........................................

am. 1995 No. 16; 2001 No. 98; 2002 No. 59

rep. No. 31, 2013

r. 8.1A.......................................

ad. 1999 No. 184

rep. No. 31, 2013

r. 8.1B........................................

ad. 2003 No. 213

rep. 2004 No. 395

r. 8.2..........................................

am. 1995 No. 16; 2001 No. 98

rep. No. 31, 2013

r. 8.3..........................................

am. 1995 No. 16; 1999 No. 261; 2001 No. 98; 2003 No. 316; 2004 Nos. 193 and 395; 2007 No. 40

rep. No. 31, 2013

r. 8.4..........................................

am. 1995 No. 16; 2001 Nos. 98 and 345; 2002 No. 100; 2004 No. 193; 2010 No. 181

rep. No. 31, 2013

r. 8.5..........................................

am. 2001 No. 98

rep. No. 31, 2013

r. 8.6..........................................

am. 1995 No. 16; 2000 No. 317; 2001 No. 98; 2008 No. 279; 2009 No. 332

rep. No. 31, 2013

r. 8.6A.......................................

ad. 2009 No. 332

rep. No. 31, 2013

r. 8.7..........................................

am. 2001 No. 98

rep. No. 31, 2013

Chapter 9

r 9.1...........................................

am 2001 No. 98

rs 2002 No. 59

am F2018L01435

r. 9.2..........................................

am. 2001 No. 98; No. 31, 2013; F2019L00376

r. 9.3..........................................

am. 2001 No. 98

r. 9.4..........................................

am. 1995 No. 16; 2001 No. 98

r. 9.5..........................................

am. 2001 No. 98

Chapter 9A

Chapter 9A.................................

ad. 2001 No. 98

r 9A.1........................................

ad 2001 No. 98

am F2018L01435

r. 9A.2.......................................

ad. 2001 No. 98

r. 9A.2A.....................................

ad. 2002 No. 59

am. 2002 No. 173; 2003 No. 213

rep. No. 31, 2013

r. 9A.2B.....................................

ad. 2003 No. 213

am. 2007 No. 357

rep. No. 31, 2013

r. 9A.3.......................................

ad. 2001 No. 98

r 9A.4........................................

ad 2001 No. 98

am 2002 No. 59; 2008 No. 279; No. 31, 2013; F2018L01435

r. 9A.5.......................................

ad. 2001 No. 98

Chapter 10

r 10.1.........................................

am No 16, 1995; No 98, 2001; No 316, 2003; No 31, 2013; No 88, 2015; F2018L01435

r. 10.2........................................

am. 1995 No. 16; 2000 No. 317; 2001 No. 98; 2004 No. 395; No. 31, 2013; F2018L01435

r. 10.2A......................................

ad. No. 31, 2013

r 10.2B.......................................

ad No 31, 2013

am F2020L00398

r. 10.2C......................................

ad. No. 31, 2013

r. 10.3........................................

am. 1997 No. 345; 2001 No. 98

rs. No. 31, 2013

r. 10.4........................................

am. 2001 No. 98; No. 31, 2013

r. 10.5........................................

am. 1995 No. 16; 2001 No. 98; No. 31, 2013

r 10.6.........................................

rs 1995 No 16

am No 31, 2013; F2024L01299

r. 10.6A......................................

ad. 2011 No. 217

r. 10.6B......................................

ad. No. 31, 2013

r. 10.7........................................

am. 2005 No. 51; No. 31, 2013

rs. No. 31, 2013

r. 10.8........................................

rs. 2001 No. 98

r. 10.9........................................

rep. 2001 No. 98

r. 10.10......................................

am. 2001 No. 98

r. 10.11......................................

am. 2001 No. 98

r. 10.12......................................

am. 2001 No. 98

r. 10.13......................................

rep. 2001 No. 98

r. 10.14......................................

am. 2001 No. 98

Chapter 11

r. 11.1........................................

am. 1997 No. 345; No. 31, 2013

Chapter 12

Part 1

Part 1 heading.............................

ad No 88, 2015

r 12.1.........................................

am No 98, 2001; No. 40, 2007;1 No 62, 2011; No 31, 2013; No 88, 2015; F2020L00398

r 12.2.........................................

am. 2001 No. 98; 2011 No. 62

Part 2

Part 2.........................................

ad No 88, 2015

r 12.2A......................................

ad No 88, 2015

r 12.2B.......................................

ad No 88, 2015

am No 88, 2015

r 12.2C.......................................

ad No 88, 2015

r 12.2D......................................

ad No 88, 2015

r 12.2E.......................................

ad No 88, 2015

r 12.2F.......................................

ad No 88, 2015

Part 3

Part 3 heading.............................

ad No 88, 2015

r. 12.3........................................

am. 2001 No. 98

r. 12.4........................................

am. 2001 No. 98

Chapter 13

r. 13.1........................................

am. 2001 No. 98

r. 13.1A......................................

ad. 2001 No. 98

am. 2004 No. 395; No. 31, 2013

r. 13.1B......................................

ad. 2004 No. 395

am. No. 31, 2013

r. 13.1C......................................

ad. No. 31, 2013

r. 13.2........................................

am. 2001 No. 98

rep. No. 31, 2013

r. 13.3........................................

am. 1994 No. 317; 1998 No. 264; 2001 No. 98; 2002 Nos. 59, 100 and 173

r 13.4.........................................

rs 1995 No 16

am 2000 No 317; 2001 No 98; 2002 No 59; 2008 No 279; No 31, 2013; F2018L01435; F2019L00376; F2024L01093; F2024L01299

r. 13.5........................................

am. 2001 No. 98; 2004 No. 193

r. 13.5A......................................

ad. No. 31, 2013

r. 13.6........................................

am. 1994 No. 317; 1995 No. 82; 1998 Nos. 264 and 319; 2001 No. 98; 2002 Nos. 59 and 173

r. 13.7........................................

ad. 2002 No. 59

Chapter 15

r. 15.1........................................

rs. 2001 No. 98

r. 15.2........................................

am. 2001 No. 98

r. 15.3........................................

am. 1995 No. 16

rs. 2001 No. 98

Chapter 17

r 17.1.........................................

rs No 98, 2001

rep F2020L00398

r. 17.1A......................................

ad. 2001 No. 98

r. 17.2........................................

am. 1995 No. 16; 2001 No. 98

Chapter 19

r. 19.1........................................

am. 2001 No. 98

r. 19.2........................................

am. 1995 No. 16; 2001 No. 98; 2002 No. 59; No. 31, 2013

Chapter 20

Chapter 20 heading......................

rs. No. 31, 2013

Part 1

r. 20.1A......................................

ad. No. 31, 2013

r 20.1B.......................................

ad F2016L01754

r 20.1C.......................................

ad F2016L01754

r 20.1.........................................

am. 1994 No. 387; 1998 Nos. 56 and 345; 2001 No. 98

rs. 2008 No. 122

am No 31, 2013; F2016L01754

Part 2

r. 20.2........................................

rs. 1998 No. 56; 2008 No. 122

r. 20.2A......................................

ad. 1998 No. 345

rep. 2008 No. 122

r. 20.2B......................................

ad. 1998 No. 345

rep. 2008 No. 122

r 20.3.........................................

rs. 1998 No. 345; 2008 No. 122

am No 150, 2009; No 66, 2012; F2016L01754

r. 20.3A......................................

ad. 1998 No. 345

rep. 2008 No. 122

r. 20.4........................................

am. 1998 No. 345; 2001 No. 98; 2002 No. 173

rs. 2008 No. 122

r. 20.5........................................

am. 1998 No. 345

rs. 2008 No. 122

r 20.6.........................................

am. 1998 No. 345

rs. 2008 No. 122

am No 150, 2009; F2016L01754

r. 20.7........................................

rs. 1998 No. 345

am. 2001 No. 98

rs. 2008 No. 122

r. 20.8........................................

am. 1998 No. 345

rs. 2008 No. 122

am. 2009 No. 150

r. 20.9........................................

am. 1998 No. 345; 1999 No. 154

rs. 2008 No. 122

r 20.10.......................................

am. 1998 No. 345

rs. 2008 No. 122

am F2016L01754

r. 20.11......................................

rs. 1998 No. 345

rs. 2008 No. 122

r 20.12.......................................

am. 1998 No. 345

rs. 2008 No. 122

am F2016L01754

Part 3

r. 20.13......................................

am. 1998 No. 345

rs. 2008 No. 122

am. 2009 No. 150

r. 20.14......................................

am. 1998 No. 345

rs. 2008 No. 122

Part 4

r. 20.15......................................

am. 1998 No. 345

rs. 2008 No. 122

r. 20.16......................................

am. 1995 No. 16

rs. 1998 No. 345; 2008 No. 122

Division 3 heading......................

rs. 1998 No. 345

rep. 2008 No. 122

r. 20.17......................................

am. 1998 No. 345

rs. 2008 No. 122

r. 20.18......................................

am. 1998 No. 345

rs. 2008 No. 122

r. 20.19......................................

am. 1998 No. 345; 1999 Nos. 184 and 349; 2001 No. 98; 2002 No. 173

rs. 2008 No. 122

r. 20.19A....................................

ad. 1998 No. 345

am. 1999 No. 349; 2002 No. 173

rep. 2008 No. 122

r. 20.20......................................

am. 1998 No. 345

rs. 2008 No. 122

r. 20.21......................................

am. 1998 No. 345; 2001 No. 98

rs. 2008 No. 122

Part 5

r. 20.22......................................

am. 1998 No. 345

rs. 2008 No. 122

am. No. 31, 2013

r. 20.23......................................

am. 1998 No. 345

rs. 2008 No. 122

r. 20.24......................................

am. 2001 No. 98

rs. 2008 No. 122

r. 20.25......................................

am. 1998 No. 345; 2001 Nos. 98 and 345

rs. 2008 No. 122

Part 6

Part 6 heading.............................

rs. No. 31, 2013

r 20. 26......................................

rs No 122, 2008

am N. 31, 2013

r. 20.27......................................

am. 2001 No. 345

rs. 2008 No. 122

r. 20.28......................................

rs. 2008 No. 122

am. No. 31, 2013

Part 6A

Part 6A......................................

ad. No. 31, 2013

r. 20.28A....................................

ad. No. 31, 2013

r 20.28B.....................................

ad. No. 31, 2013

am F2016L01754

Part 7

Part 7 heading.............................

rs. No. 31, 2013

r. 20.29......................................

am. 1998 No. 345; 2001 No. 345

rs. 2008 No. 122

am. No. 31, 2013

r. 20.30......................................

am. 1998 No. 345; 2001 No. 345

rs. 2008 No. 122

am. No. 31, 2013

r. 20.31......................................

am. 2001 No. 98

rs. 2008 No. 122

am. 2012 No. 66; No. 31, 2013

Part 8

Division 1

Division 1 heading......................

rs. 1998 No. 56

rep. 2008 No. 122

Division 1 heading......................

ad. 2008 No. 122

r. 20.32......................................

am. 1994 No. 387; 1995 No. 82

rs. 1998 No. 56

am. 1998 No. 345

rs. 2008 No. 122

am. No. 31, 2013

r. 20.33......................................

rep. 1998 No. 56

ad. 2008 No. 122

r. 20.34......................................

rs. 1998 Nos. 56 and 345; 2008 No. 122

r 20.35.......................................

rs. 1998 No. 56; 2008 No. 122

am F2016L01754

Division 2

r 20.36.......................................

rep. 1998 No. 56

ad. 2008 No. 122

rs F2016L01754

r 20.36A.....................................

ad F2016L01754

r 20.36B.....................................

ad F2016L01754

r 20.36C.....................................

ad F2016L01754

r 20.36D.....................................

ad F2016L01754

r 20.36E.....................................

ad F2016L01754

r 20.37.......................................

am. 1994 No. 387

rs. 2008 No. 122

am F2016L01754

r 20.38.......................................

am. 1994 No. 387

rs. 2008 No. 122

am F2016L01754

r 20.39.......................................

am. 1994 No. 387

rs. 1998 No. 56; 2008 No. 122

am F2016L01754

r 20.40.......................................

am. 1994 No. 387

rs. 1998 No. 56; 2008 No. 122

am F2016L01754

Division 2 heading......................

rs. 1998 No. 345

rep. 2008 No. 122

r 20.41.......................................

am. 1998 No. 345

rs. 2008 No. 122

am F2016L01754

r 20.42.......................................

am. 2001 No. 98

rs. 2008 No. 122

am F2016L01754

r 20.43.......................................

am. 1997 No. 345; 2001 No. 98

rs. 2008 No. 122

am F2016L01754

r 20.44.......................................

am. 2001 No. 98

rs. 2008 No. 122

am No 31, 2013; F2016L01754

r 20.45.......................................

rs. 2008 No. 122

am F2016L01754

r 20.46.......................................

ad. 2008 No. 122

am F2016L01754

r 20.47.......................................

ad. 2008 No. 122

am F2016L01754

r 20.48.......................................

ad. 2008 No. 122

rs F2016L01754

r 20.49.......................................

ad. 2008 No. 122

am F2016L01754

r 20.50.......................................

ad. 2008 No. 122

am F2016L01754

r 20.51.......................................

ad. 2008 No. 122

am F2016L01754

r 20.52.......................................

ad. 2008 No. 122

am No 279, 2008; F2016L01754

Part 9

r. 20.53......................................

ad. 2008 No. 122

Part 10

Division 1

Division 1 heading......................

rs F2016L01754

r 20.54.......................................

ad. 2008 No. 122

rep F2016L01754

r 20.55.......................................

ad. 2008 No. 122

rep F2016L01754

r 20.56.......................................

ad. 2008 No. 122

am F2016L01754

r 20.57.......................................

ad. 2008 No. 122

am F2016L01754

r 20.58.......................................

ad. 2008 No. 122

am F2016L01754

r 20.59.......................................

ad. 2008 No. 122

am F2016L01754

r 20.60.......................................

ad. 2008 No. 122

rep F2016L01754

Division 2

Division 2 heading......................

rs F2016L01754

r 20.61.......................................

ad. 2008 No. 122

rs F2016L01754

r 20.61A.....................................

ad F2016L01754

r 20.62.......................................

ad. 2008 No. 122

am F2016L01754

r 20.63.......................................

ad. 2008 No. 122

rs F2016L01754

r 20.63A.....................................

ad F2016L01754

r 20.63B.....................................

ad F2016L01754

r 20.64.......................................

ad. 2008 No. 122

rs F2016L01754

r 20.65.......................................

ad. 2008 No. 122

rep F2016L01754

Chapter 20A

Chapter 20A...............................

ad. No. 31, 2013

Part 1

r. 20A.1......................................

ad. No. 31, 2013

r 20A.1A....................................

ad F2016L01754

r 20A.1B....................................

ad F2016L01754

r. 20A.2......................................

ad. No. 31, 2013

Part 2

r 20A.3......................................

ad. No. 31, 2013

am F2016L01754

r. 20A.4......................................

ad. No. 31, 2013

Part 3

r. 20A.5......................................

ad. No. 31, 2013

Part 4

r. 20A.6......................................

ad. No. 31, 2013

r. 20A.7......................................

ad. No. 31, 2013

r. 20A. 8.....................................

ad. No. 31, 2013

Part 5

Division 1

r. 20A.9......................................

ad. No. 31, 2013

r 20A.10.....................................

ad. No. 31, 2013

am F2016L01754

Division 2

r 20A.11.....................................

ad. No. 31, 2013

rs F2016L01754

r 20A.11A..................................

ad F2016L01754

r 20A.11B..................................

ad F2016L01754

r 20A.11C..................................

ad F2016L01754

r 20A.11D..................................

ad F2016L01754

r 20A.11E...................................

ad F2016L01754

r 20A.12.....................................

ad. No. 31, 2013

am F2016L01754

r 20A.13.....................................

ad. No. 31, 2013

am F2016L01754

r 20A.14.....................................

ad. No. 31, 2013

am F2016L01754

r 20A.15.....................................

ad. No. 31, 2013

am F2016L01754

r 20A.16.....................................

ad. No. 31, 2013

am F2016L01754

r 20A.17.....................................

ad. No. 31, 2013

am F2016L01754

r 20A.18.....................................

ad. No. 31, 2013

am F2016L01754

r 20A.19.....................................

ad. No. 31, 2013

am F2016L01754

r 20A.20.....................................

ad. No. 31, 2013

am F2016L01754

r 20A.21.....................................

ad. No. 31, 2013

am F2016L01754

Part 6

r 20A.22.....................................

ad. No. 31, 2013

am F2016L01754

Chapter 21

r. 21.1........................................

am. 1999 No. 184

r. 21.2........................................

ad. 1994 No. 182

rs. 1998 No. 257; 1999 No. 184

am F2019L00376

Chapter 22

Part 1

Division 1

r 22.1.........................................

am 1998 Nos. 241 and 342; F2018L01435

r 22.2.........................................

am 1991 No 456; 1993 No 113; 1994 No 317; 1997 No 345; 2001 No 98; 2002 No 173; 2003 No 316; 2010 No 181; 2012 No 66; No 31, 2013; F2016L01306; F2020L00997; F2024L01093

r 22.2AA....................................

ad 2012 No. 66

rep F2018L01435

r. 22.2A......................................

ad. 1998 No. 241

rs. 2001 No. 98

r. 22.2B......................................

ad. 2001 No. 98

am. 2002 No. 173; No. 31, 2013

r. 22.2C......................................

ad. 2001 No. 98

am. 2002 Nos. 59 and 173; 2003 No. 213; No. 31, 2013; F2016L01306

r. 22.2D......................................

ad. 2001 No. 98

am. 2002 No. 173

r. 22.2E......................................

ad. 2001 No. 98

am. 2002 No. 173

rep. No. 31, 2013

r. 22.2EA...................................

ad. 2010 No. 181

rs. 2011 No. 62

r 22.2EB....................................

ad F2024L01093

r 22.2F.......................................

ad 2001 No 98

am 2002 No 173; 2010 No 181; No 31, 2013; F2024L01093

r. 22.2G......................................

ad. 2001 No. 98

am. 2002 No. 173; 2012 No. 66

r. 22.2H......................................

ad. 2001 No. 98

am. 2002 No. 173; F2016L01306; F2020L00997

r 22.2HA....................................

ad F2020L00997

ed C71

r. 22.2I.......................................

ad. 2002 No. 173

r 22.3.........................................

am. 1995 No 16; 2001 No 98; 2002 No 173; F2024L01093

r. 22.4........................................

am. 1995 Nos. 16 and 427; 1998 No. 342; 2003 No. 316

r. 22.5........................................

am. 1995 No. 16; 2001 No. 98; No 88, 2015

r. 22.6........................................

am. 1995 No. 16; 2001 No. 98

r. 22.7........................................

am. 1995 No. 16

Division 2

r. 22.7A......................................

ad. 1993 No. 340

r. 22.8........................................

am. 1993 No. 340; 1995 No. 16; 2001 No. 98

Part 2

r. 22.8A......................................

ad. 2001 No. 98

rep. 2009 No. 332

r. 22.9........................................

am. 2001 No. 98

r 22.10.......................................

am 2001 No. 98; 2011 No. 62; No. 31, 2013; F2016L01754; F2018L01435

r 22.10A.....................................

ad 2001 No. 98

rep F2018L01435

r. 22.10AA.................................

ad. 2007 No. 40

am. No. 31, 2013

r. 22.10AB.................................

ad. 2007 No. 40

am 2011 No. 62; 2011 No 217; No. 31, 2013

r 22.10AC..................................

ad 2007 No. 40

rs No. 31, 2013; F2018L01435

r 22.11.......................................

am 1993 No 113; 1995 No 82; 1998 No 241; 1998 No 264; 1998 No 319; 2001 No 98; 2002 No 59; 2004 No 250; 2008 No 122; No 31, 2013; F2020L00398; F2024L01299

r 22.12.......................................

am No. 31, 2013; F2018L01435

r 22.13.......................................

am. 1995 No. 16; 2009 No. 150

rs. 2012 No. 66

am F2016L01754

r 22.15.......................................

am 1995 No. 16

rs 1998 No. 141

am 2003 No. 213

rs No. 31, 2013

am No 88, 2015; F2018L01435; F2019L00376

r 22.15A.....................................

ad F2019L00376

r 22.16.......................................

am 2001 No. 98; 2009 No. 332; No. 31, 2013; F2018L01435

r 22.16A.....................................

ad F2018L01435

r 22.18.......................................

rep No 88, 2015

r. 22.20......................................

am. 1995 No. 16

r. 22.21......................................

am. 2001 No. 98; No. 31, 2013

r. 22.22......................................

rs. No. 31, 2013

r. 22.23......................................

am. 1995 No. 16

rs. No. 31, 2013

r 22.26.......................................

am 1995 No. 16; 1998 Nos. 45, 291 and 345; 2001 No. 98; 2004 No. 395; 2005 No. 51; 2008 No. 122; No. 31, 2013; No 88, 2015; F2016L01754

ed C65

am F2024L01299

r. 22.27......................................

ad. No. 31, 2013

Chapter 23

Chapter 23 heading......................

rs F2018L01435

Part 1

Part 1 heading.............................

ad. No. 31, 2013

r 23.2.........................................

am No 98, 2001

rep F2024L00525

r 23.3.........................................

am No 16, 1995; No 98, 2001

rep F2024L00525

r 23.4.........................................

am No 16, 1995; No 82, 1995; No 98, 2001

rep F2024L00525

r 23.5.........................................

am No 98, 2001

rep F2024L00525

r 23.6.........................................

am No 98, 2001

rep F2024L00525

r 23.7.........................................

am No 98, 2001

rep F2024L00525

r 23.8.........................................

am No 16, 1995

rep F2024L00525

r 23.9.........................................

am No 317, 1994

rep F2024L00525

r 23.10.......................................

am No 317, 1994; No 16, 1995; No 345, 1997

rep F2024L00525

r 23.11.......................................

am No 16, 1995; No 98, 2001

rep F2024L00525

r 23.12.......................................

am No 98, 2001

rep F2024L00525

r 23.13.......................................

am No 98, 2001

rep F2024L00525

r 23.14.......................................

am No 16, 1995

rep F2024L00525

r 23.15.......................................

rep F2024L00525

r 23.16.......................................

am No 98, 2001

rep F2024L00525

r 23.17.......................................

am No 16, 1995; No 98, 2001

rep F2024L00525

r 23.18.......................................

am No 16, 1995

rep F2024L00525

r. 23.19......................................

am. 2001 No. 98

rep. 2008 No. 122

r. 23.20......................................

am. 1995 No. 16; 2001 No. 98

rep. 2008 No. 122

r. 23.21......................................

am. 2001 No. 98

rep. 2008 No. 122

r. 23.22......................................

am. 2001 No. 98

rep. 2008 No. 122

r. 23.23......................................

am. 2001 No. 98

rep. 2008 No. 122

r. 23.24......................................

rep. 2008 No. 122

r 23.25.......................................

am No 16, 1995; No 98, 2001

rep F2024L00525

r 23.26.......................................

rep F2024L00525

r. 23.27......................................

ad. 1998 No. 345

rep. 2008 No. 122

r. 23.28......................................

ad. 1998 No. 345

rep. 2008 No. 122

r. 23.29......................................

ad. 1998 No. 345

rep. 2008 No. 122

r. 23.30......................................

ad. 1998 No. 345

rep. 2008 No. 122

r. 23.31......................................

ad. 1998 No. 345

rep. 2008 No. 122

r. 23.32......................................

ad. 2001 No. 98

r. 23.33......................................

ad. 2001 No. 98

r. 23.34......................................

ad. 2001 No. 98

r. 23.35......................................

ad. 2001 No. 98

Part 2

Part 2.........................................

ad. No. 31, 2013

r 23.36.......................................

ad No 31, 2013

r 23.37.......................................

ad No 88, 2015

Part 3

Part 3.........................................

ad F2016L01754

r 23.38.......................................

ad F2016L01754

r 23.39.......................................

ad F2016L01754

ed C65

r 23.40.......................................

ad F2016L01754

r 23.41.......................................

ad F2016L01754

r 23.42.......................................

ad F2016L01754

r 23.43.......................................

ad F2016L01754

r 23.44.......................................

ad F2016L01754

r 23.45.......................................

ad F2016L01754

Part 4

Part 4.........................................

ad F2018L01435

r 23.46.......................................

ad F2018L01435

r 23.47.......................................

ad F2018L01435

r 23.48.......................................

ad F2018L01435

r 23.49.......................................

ad F2018L01435

Part 5

Part 5.........................................

ad F2019L00376

r 23.50A.....................................

ad F2019L00376

r 23.50.......................................

ad F2019L00376

Part 6

Part 6.........................................

ad F2020L00398

r 23.51.......................................

ad F2020L00398

Part 7

Part 7.........................................

ad F2020L00997

r 23.52.......................................

ad F2020L00997

Part 8

Part 8.........................................

ad F2024L01093

r 23.53.......................................

ad F2024L01093

r 23.54.......................................

ad F2024L01093

r 23.55.......................................

ad F2024L01093

Schedule 1..................................

am. 1995 No. 16

rep. No. 31, 2013

Schedule 1A heading...................

ad. 1995 No. 16

rep. No. 31, 2013

Schedule 1A...............................

am. 1995 No. 16; 2002 No. 317

rep. No. 31, 2013

Schedule 2..................................

am. 1991 No. 456

rs. 1992 No. 148

am. 1993 Nos. 227 and 341; 1995 No. 16; 2002 No. 59

rep. No. 31, 2013

Schedule 2A heading...................

ad. 1995 No. 16

rep. No. 31, 2013

Schedule 2A...............................

am. 1995 Nos. 16 and 427; 1997 No. 345

rs. 1998 No. 141

am. 1998 No. 342; 1999 No. 349; 2000 No. 317; 2001 No. 345; 2002 Nos. 59 and 317; 2003 No. 316; 2005 No. 51; 2006 No. 55; 2007 No. 40; 2008 Nos. 178 and 279; 2009 No. 150; 2010 No. 181; 2011 No. 62; 2012 No. 66

rep. No. 31, 2013

Schedule 3 heading......................

rs. 2001 No. 98; 2009 No. 332; No. 31, 2013

rep F2018L01435

Schedule 3..................................

am 1995 No. 16; 1998 No. 141; 2000 No. 317; 2001 No. 98; 2003 No. 213; 2011 No. 62; No 88, 2015

ed C65

rep F2018L01435

Schedule 4..................................

rs. 1991 No. 456

am. 1992 No. 148

rs. 1993 No. 340

am. 1994 No. 182; 1995 Nos. 20 and 427

rs. 1996 No. 271; 1997 No. 345

am. 1998 Nos. 257 and 342; 1999 No. 349; 2002 Nos. 173 and 317; 2004 Nos. 23 and 193; 2005 No. 51; 2007 No. 40; 2008 No. 279; 2012 No. 66

rep. No. 31, 2013

Schedule 5

Schedule 5..................................

am. 1994 No. 387

rs. 1998 No. 345; 2008 No. 122

am F2016L01754

Schedule 6..................................

am. 1998 No. 345; 2001 No. 184

rep. 2008 No. 279

Schedule 6A...............................

ad. 1994 No. 182

rs. 1997 No. 192

am. 1997 No. 345

rs. 1998 No. 257

rep. 1999 No. 184

Schedule 7

Schedule 7..................................

am 1991 No. 456

rs 1992 No. 148

am 1993 Nos. 113 and 340; 1994 No. 317; 1995 Nos. 16, 82 and 427; 1997 Nos. 192 and 345; 1998 Nos. 264, 319, 342 and 345; 1999 Nos. 261 and 349; 2000 No. 317; 2001 Nos. 98 and 345; 2002 Nos. 59 and 173; 2003 Nos. 213 and 316; 2006 No. 355; 2007 No. 40; 2008 Nos. 122 and 178; 2010 No. 181

rs 2012 No. 66

am 2012 Nos. 66 and 221; No. 31, 2013; No 88, 2015; F2016L01306; F2018L01435; F2019L00376; F2020L00997; F2024L01093

Schedule 8

Schedule 8..................................

am 1992 No 148

rs 1993 No 113

am 1993 No 340; 1994 No 317; 1998 No 345; 1999 No 184; 2006 No 355; F2016L01754; F2024L01093

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0