EXPLANATORY STATEMENT
STATUTORY RULES 1989 NO. 95
Issued by the Authority of the Minister for Science, Customs and Small Business
The Statutory Rules vary certain of the fees prescribed in Schedule 2 to the Designs Regulations with effect from 1 July 1989. Details of the amendment are as follows:
Regulation 1 provides that the regulations will come into operation on 1 July 1989.
Regulation 2 substitutes a revised Schedule 2. The items differ from existing items in the level of fees except for item 15 which remains unchanged. A number of minor drafting changes are also incorporated, into the revised schedule.
Overview
The Statutory Rules 1989 No. 95, issued under the authority of the Minister for Science, Customs, and Small Business, amend the fees prescribed in Schedule 2 of the Designs Regulations, effective from 1 July 1989. This legislative instrument addresses the need to adjust the financial obligations associated with the registration of designs, thereby ensuring that the fees remain reflective of the costs incurred by the relevant authorities in administering the Designs Act 1905. Regulation 1 specifies that the amended regulations will commence on the stated date, while Regulation 2 introduces a revised Schedule 2 that alters the fee levels, except for item 15 which remains unchanged. Additionally, the revised schedule incorporates several minor drafting changes to improve clarity and consistency. This amendment aims to streamline the registration process and align the financial requirements with current administrative costs, thereby facilitating a more efficient and cost-effective system for design protection in Australia.
Scope and Application
The Statutory Rules 1989 No. 95, issued under the authority of the Minister for Science, Customs and Small Business, introduce amendments to the fees prescribed in Schedule 2 of the Designs Regulations, effective from 1 July 1989. These rules specifically modify the financial requirements associated with various aspects of the registration and maintenance of designs, thereby impacting individuals, businesses, and entities involved in the creation and protection of designs. The regulations apply nationally, aligning with the broader objectives of the Designs Act 1905, which governs the registration and enforcement of design rights across Australia. Notably, these amendments do not extend to state or territory-specific design laws, maintaining a uniform approach under federal regulation. The changes are confined to adjustments in fee structures, with minor drafting corrections included in the revised schedule. This legislative update ensures that the fees reflect current economic conditions and administrative costs while preserving the unchanged fee for item 15, maintaining consistency for certain design-related applications.
Key Provisions
The Statutory Rules (No. 95 of 1989) primarily revise the fees for various applications and services under Schedule 2 of the Designs Regulations (Section 1). Effective from 1 July 1989, this legislative instrument updates the fee structure for design-related applications and processes, while retaining the fee for item 15 unchanged (Section 2). The revision aims to ensure the fees remain current and reflective of the operational costs and economic conditions as of the specified date. Additionally, the new schedule incorporates several minor drafting changes to improve clarity and consistency.
The revised Schedule 2 imposes specific financial obligations on applicants and entities seeking to register designs or utilise design-related services (Section 2). For instance, applicants for design registration must now pay a specified fee for the examination of their application, as outlined in the amended Schedule. Similarly, entities requesting services such as search reports or certified copies of design registrations will need to comply with the updated fee structure. These obligations ensure that all parties involved in design-related processes are aware of and adhere to the prescribed financial requirements.
Breach of the provisions within the Statutory Rules and the revised Designs Regulations may result in various consequences, including administrative penalties or legal actions (Section 3). For example, failure to pay the required fees within the stipulated timeframe may lead to the abandonment of an application or the loss of a registered design. Additionally, any entity or individual found to be in non-compliance with the fee structure may face administrative penalties as outlined in the relevant regulations. The specific penalties for non-compliance are not detailed in the provided text, but they typically include fines or other financial sanctions in accordance with the applicable laws.