EXPLANATORY STATEMENT
STATUTORY RULES 1989 NO. 313
Issued by the Authority of the Minister for Science, Customs and Small Business
The Statutory Rules revoke the existing Proclamations under subsections 48(1) and (3) of the Designs Act 1906 (the Act) and declare Convention countries under subsection 48(1) of the Act. Declarations for the purposes of subsection 48(3) of the Act will also be made by the proposed amendment. Details of the amendment are as follows:
Regulation 1 defines “the Act” and revokes the existing Proclamation made under subsection 48(1) of the Act and each of the existing Proclamations made under subsection 48(3) of the Act.
Regulation 2 inserts new regulation 7A into the Designs Regulations. New subregulation 7A(1) declares, under subsection 48(1) of the Act, each of the countries specified in Schedule 2A to the Regulations to be a Convention country for the purposes of the Act. New subregulation 7A(2) makes a declaration for the purposes of subsection 48(3) of the Act, with the effect that an application for protection in respect of a design made under the Hague Agreement Concerning the International Deposit of Industrial Designs is, in accordance with the terms of the treaty, to be treated as having been made in a Convention country.
Regulation 3 inserts new schedule 2A to the regulations. Schedule 2A lists the Convention countries for the purposes of the Act.