EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 256
Issued by the Authority of the Minister for Science and Technology
The purpose of the amendments is to vary certain of the fees prescribed by the Designs Regulations with effect from 1 October 1984. Details of the proposed amendments are set out below:
Regulation 1 sets a date of commencement of 1st October 1984.
Regulation 2 amends existing transitional regulation 63 only by varying the level of the fee.
Regulation 3 amends items 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 14, 15 and 16 of the Second Schedule. The amended items differ only from existing items in the level of fees except for item 9 wherein a spelling error is corrected in addition to the fee amendment.
In arriving at the new scales of fees, the Designs Office has given full and proper consideration to all factors relevant to the fixation of fees. Designs Office fees were last reviewed in 1982 and the existing scales have had effect since 1st April 1982. Current Government policy requires the Office to fully recover expenditure from receipts. Estimates for 1984/85 indicate that the proposed variation of fees will have that result.
Consultations have taken place on the question of full cost recovery and fees with the main interest groups, namely the Institute of Patent Attorneys of Australia and the Australian Manufacturers’ Patents, Industrial Designs, Copyright and Trade Mark Association. They have indicated their agreement with the proposed fee changes.
Proposed and current fees under the amended items are shown in the attached table.
DESIGN REGULATIONS
SECOND SCHEDULE
FEES
ITEM MATTER | EXISTING FEE | PROPOSED FEE | |
|
| $ | $ |
1 | On lodging an application for the registration of a design | 40 | 60 |
2 | On lodging a request for expedited consideration of an application for the registration of a design | 45 | 50 |
3 | On lodging a request for extension of time......... | 20 | 30 |
4 | On lodging a request for extension of the period of registration: |
|
|
| (a) for the-first extension.................... (b) for the second extension................. (c) for the third extension................... | 20 45 70 | 30 60 80 |
6 | On lodging a notice of opposition............... | 40 | 60 |
7 | On lodging an application under regulation 27 for the grant of a licence | 40 | 45 |
8 | On lodging a request that a legal personal representative be registered as owner under sub-section 22A(1) of the Act | 10 | 30 |
9 | On lodging a request for substitution as registered owner under sub-section 22A(2) of the Act | 10 | 30 |
10 | On lodging a request under sub-section 37(1) of the Act other than a request that relates only to an error in, or change of, an address | 15 | 30 |
11 | On lodging a request under section 38, 38A or 38AA of the Act for registration of an assignment or other transmission or for registration of a licence, mortgage or other interest | 10 | 30 |
12 | On lodging a request for the exercise of the Registrar’s discretionary powers or on lodging a request for a hearing | 50 | 55 |
DESIGN REGULATIONS
SECOND SCHEDULE
FEES
ITEM MATTER | EXISTING FEE | PROPOSED FEE | |
|
| $ | $ |
|
|
|
|
14 | For the provision by the Registrar of a certified copy of a certificate of registration, an extract from the register or other document or a certificate under regulation 59, or for a duplicate certificate of registration | 20 | 30 |
15 | For the provision by the Registration of photographic copies of, or extracts from, the register or other document - per document | 3 | 10 |
16 | For taxing costs........................... | 20 | 25 |