EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 29
Issued by the Authority of the Minister of State for Industry, Technology and Commerce.
The Statutory Rules amend the Designs Regulations to make new provisions for the purposes of subsection 42(4) of the Designs Act 1906 (the Act). The Statutory Rules also amend the Regulations to clarify that a fee for the doing of an act by a person other than the Registrar is payable to the Registrar. Details of the amendments are as follows:
Regulation 1 provides for commencement of the Regulations on the same day as the commencement of section 31 of the Industry, Technology and Commerce Legislation Amendment Act (No.2) 1989, which is 14 February 1990.
Regulation 2 amends regulation 4 of the Designs Regulations. Paragraph 2(a) substitutes new subregulation 4(1) to indicate that the fee specified in column 3 of an item in Schedule 2 is prescribed for the lodging of the document, or the doing of the act by the Registrar or a person other than the Registrar, referred to in column 2 of that item. Paragraph 2(b) adds new subregulation 4(3) which specifies for the purposes of subsection 42(4) of the Act, that the Registrar is to notify the person or his or her agent in writing within 7 days after the lodging of the document, or the doing of the act, for which the fee is payable.
Overview
The Designs Regulations were amended by Statutory Rules 1990 No. 29 to enhance the administration of design registrations under the Designs Act 1906. This legislation was enacted to address the need for more precise fee structures and clearer notification processes regarding the acts performed by the Registrar or other authorised individuals. The amendments were issued under the authority of the Minister of State for Industry, Technology and Commerce and commenced on 14 February 1990, the same day as the commencement of section 31 of the Industry, Technology and Commerce Legislation Amendment Act (No. 2) 1989. The policy objective behind these amendments is to ensure that fees for specific acts are clearly prescribed and that appropriate notification is provided to the parties involved within a specified timeframe, thereby improving the clarity and efficiency of the registration process.
Scope and Application
The Designs Regulations, as amended by Statutory Rules 1990 No. 29, are pertinent to individuals and entities seeking to register designs under the Designs Act 1906. The application of these regulations extends to all acts and transactions related to the registration and administration of design rights within Australia. These rules apply to all persons or entities that engage in the act of lodging a document or performing an act that requires a fee for registration or processing, as specified in Schedule 2 of the Regulations. The jurisdictional reach of these amendments is national, as they pertain to the federal legislation of the Designs Act 1906. While the primary application of these amendments is across Australia, it is important to note that any specific exclusions, exemptions, or thresholds are defined within the Designs Act 1906 itself and the accompanying Schedules. The Regulations are designed to ensure that fees for actions taken by the Registrar or any other person are correctly levied and that notification is provided within the stipulated timeframe.
Key Provisions
The Statutory Rules, which amend the Designs Regulations, introduce new provisions under subsection 42(4) of the Designs Act 1906 (the Act). Regulation 1 ensures that these amendments come into effect on the same day as the commencement of section 31 of the Industry, Technology and Commerce Legislation Amendment Act (No.2) 1989, specifically on 14 February 1990. Regulation 2 makes significant changes to regulation 4 of the Designs Regulations. It substitutes subregulation 4(1) to clarify that the fee specified in column 3 of an item in Schedule 2 is applicable for the lodging of a document or the performance of an act by either the Registrar or another person, as indicated in column 2 of the item. Additionally, Regulation 2 introduces new subregulation 4(3), which mandates that the Registrar must notify the individual or their agent in writing within seven days after the document has been lodged or the act has been performed, for which the fee is payable.
The amendments impose specific obligations on both the Registrar and other parties involved in the design registration process. The Registrar is required to notify the relevant individual or their agent within a specified timeframe, ensuring transparency and compliance with the fee payment requirements. Other parties, such as applicants or agents, must ensure that they are aware of the prescribed fees and that they make the appropriate payments in accordance with the regulations. These obligations are designed to streamline the design registration process and ensure that all parties are aware of their financial commitments.
Failure to comply with the provisions of the amended Designs Regulations may result in civil or criminal consequences. Although the specific penalties are not detailed in the explanatory statement, breaches of statutory requirements under the Designs Act 1906 can generally lead to enforcement actions, including fines and other penalties as prescribed by law. The precise nature and extent of these penalties would depend on the nature of the breach and the provisions of the Act and related regulations. It is important for all parties involved to adhere to the new requirements to avoid any potential legal repercussions.