Statutory Rules
1977 No. 176
REGULATIONS UNDER THE DESIGNS ACT 1906.*
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 Designs Act 1906.
Dated this eleventh day of October, 1977.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
IAN MACPHEE
Minister of State for Productivity.
__________
Amendment of the Designs Regulations†
Commencement.
- These Regulations shall come into operation on 17 October 1977.
Second Schedule.
2. The Second Schedule to the Designs Regulations is repealed and the following Schedule substituted:—
SECOND SCHEDULE Regulation 5
FEES
| $ |
1. On application to register one design to be applied to a set of articles, or to one or more articles | 20.00 |
2. On application for extension of the period of registration of a design for a second or third period of 5 years | 50.00 |
3. On appearance at a hearing before the Registrar.................. | 24.00 |
4. On notice of appeal to Law Officer against refusal of Registrar to register a design | 40.00 |
5. On request to enter name of subsequent proprietor................ | 20.00 |
6. On request to amend a document under regulation 59.............. | 16.00 |
7. On request to enter new address—for each design................. | 8.00 |
8. For entry in the Register of a rectification of or an alteration in the Register, not otherwise charged—for each entry | 12.00 |
9. On request for certificate of Registrar for legal proceedings or other special purpose | 6.00 |
10. For the supply of photographic copies of the Register, of extracts from the Register or of other documents— | |
(a) for the first sheet................................. | 1.25 |
(b) for each subsequent sheet........................... | 0.25 |
11. For issuing summons to a witness or summons to produce documents.... | 6.00 |
* Notified in the Commonwealth of Australia Gazette on 14 October 1977.
† Statutory Rules 1907, No. 51 as amended by Statutory Rules 1913, No. 173; 1930, No. 150; 1934, Nos. 1 and 121; 1935, Nos. 24 and 73; 1937, No. 53; 1940, No. 6; 1941, No. 67; 1945, Nos. 143 and 200; 1952, No. 64; 1954, No. 82; 1969, No. 64; 1974, No. 205, and 1975, No. 199.
Overview
Statutory Rules 1977 No. 176, made under the Designs Act 1906, outlines the regulations for the administration of design registration and related processes in Australia. Enacted by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, these regulations address the need for a structured and updated framework governing design registration fees and other administrative processes. The aim is to provide clarity and consistency in the application and enforcement of design laws, ensuring that the registration process is both efficient and accessible. The policy objective is to facilitate the protection of designs, thereby encouraging innovation and creativity within the industry while maintaining a well-organised and transparent registration system.
Scope and Application
The Designs Regulations 1977, made under the Designs Act 1906, apply to the administration and regulation of design registration in Australia, governing fees and processes related to the registration, amendment, and maintenance of design records. These regulations apply to individuals, companies, and any entity seeking to register a design or to modify existing design registrations within Australia. The fees outlined in the regulations cover various services, such as initial registration applications, extensions of registration periods, hearings, appeals, and amendments to design records. The regulations have a national jurisdictional reach, affecting all entities and individuals within the Commonwealth of Australia. There are no explicit exclusions or exemptions mentioned in the text, but the fees and procedures outlined provide a structured framework for handling design registrations across different industries and applications. The regulations also allow for the amendment of fees and procedures through subordinate instruments, ensuring the framework can adapt to changes in administrative practices or economic conditions over time.
Key Provisions
The main operative sections of this statutory instrument are found in the Second Schedule, which outlines the fees to be paid for various actions related to design registration and management. Under regulation 5, fees are specified for actions such as applying to register a design ($20.00), extending the period of registration ($50.00), appearing at a hearing before the Registrar ($24.00), and appealing against a Registrar's refusal to register a design ($40.00). Other fees include those for entering the name of a subsequent proprietor ($20.00), amending a document under regulation 59 ($16.00), updating the address for each design ($8.00), and making entries in the Register for rectifications or alterations ($12.00). Additionally, fees are set for obtaining a Registrar's certificate for legal proceedings or special purposes ($6.00) and for supplying photographic copies of the Register ($1.25 for the first sheet and $0.25 for each subsequent sheet). Issuing summons to a witness or to produce documents incurs a fee of $6.00.
The Regulations impose several obligations and requirements on parties and entities governed by them. Firstly, applicants must pay the specified fees when making applications or requests related to design registration and management. For instance, an applicant seeking to register a design must pay the applicable fee as stipulated in regulation 5(1). Similarly, if a party wishes to extend the registration period, they must pay the fee outlined in regulation 5(2). Furthermore, parties must ensure all communications and documents are submitted in accordance with the prescribed fees. The Regulations also mandate that the Registrar process applications and requests promptly upon receipt of the appropriate fees, thereby ensuring efficient administration of design registration and management.
Failure to comply with the Regulations can lead to various civil and criminal consequences. While the statutory instrument does not explicitly state penalties for non-payment of fees or other breaches, under the Designs Act 1906, penalties may be imposed for non-compliance with registration requirements. Such penalties can include fines and, in severe cases, imprisonment. For instance, an individual or entity that fails to pay the prescribed fees may be subject to enforcement actions under the relevant legislative provisions, which could result in financial penalties. Additionally, persistent non-compliance may lead to criminal charges, which could result in more severe penalties, including fines and imprisonment, as determined by the relevant court. It is essential for parties to adhere to the fee structure and procedural requirements outlined in the Regulations to avoid potential legal repercussions.