Trade Marks (Norfolk Island) Regulations (Cth)

Statutory Rules 1989 No. 2081

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Trade Marks (Norfolk Island) Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Trade Marks Act 1955.

Dated 31 July 1989.

BILL HAYDEN

Governor-General

By His Excellency's Command,

BARRY O. JONES

Minister of State for Science, Customs

and Small Business

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Citation

1. These Regulations may be cited as the Trade Marks (Norfolk Island) Regulations.

Interpretation

2. In these Regulations, unless the contrary intention appears:

"the Act" means the Trade Marks Act 1955.

Modification of sections 103 and 104 of the Act in their application to Norfolk Island

3. Sections 103 and 104 of the Act in their application to Norfolk Island are modified as set out in the Schedule.

 

SCHEDULERegulation 3

MODIFICATIONS

PART I

Subsection 103 (1):

Insert the following definitions:

"'Administration' and 'Administrator' have the same respective meanings as in the Norfolk Island Act 1979;

'Collector' means the Collector of Customs appointed under section 1B of the Customs Ordinance 1913;".

Subsection 103 (1) (definition of "objector"):

Omit "Australia", substitute "Norfolk Island".

Subsection 103 (1) (definition of "owner"):

(a) Omit "Australia", substitute "Norfolk Island".

(b) Omit "36 of the Customs Act 1901", substitute "4a of the Customs Ordinance 1913".

Paragraph 103 (3) (a):

(a) Omit "Australia" (second occurring), substitute "Norfolk Island".

(b) Omit "Customs Act 1901", substitute "Customs Ordinance 1913".

(c) Omit "Customs", substitute "Collector".

Subsection 103 (4):

Omit "Commonwealth" (wherever occurring), substitute "Administration".

Subsection 103 (9):

Omit "in such manner as is prescribed or as the Comptroller-General directs", substitute "by the Administrator in accordance with such instructions as the Minister administering the Norfolk Island Act 1979 gives to the Administrator".

Subsection 103 (18):

Omit "law of the Commonwealth", substitute "law in force in the Territory of Norfolk Island".

Subsection 103 (20):

Omit "in such manner as is prescribed or as the Comptroller-General of Customs directs", substitute "by the Administrator in accordance with such instructions as the Minister administering the Norfolk Island Act 1979 gives to the Administrator".

Subsection 103 (22):

Omit "Commonwealth" (wherever occurring), substitute "Administration".

Subsection 103 (24):

Omit "Commonwealth", substitute "Administration".

Subsection 103 (25):

Omit "for the purposes of the Customs Act 1901", substitute "or employee within the meaning of the Public Service Ordinance 1979".

Subsection 104 (1):

(a) Omit "Australia" (wherever occurring), substitute "Norfolk Island".

(b) After "officer of Customs" insert "acting under the Customs Ordinance 1913".

SCHEDULE—continued

PART II

The following provisions of sections 103 and 104 of the Act are amended by omitting "Comptroller-General of Customs" and "Comptroller-General" (wherever occurring) and substituting "Collector":

Subsections 103 (1), (3), (4), (6), (7), (8), (9), (10), (11), (12), (14), (16), (18), (21), (22), (25), (26) and (27) and 104 (1) and (3).

NOTE

1. Notified in the Commonwealth of Australia Gazette