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 |
Overview
The Statutory Rules 1984 No. 256, issued under the authority of the Minister for Science and Technology, modifies certain fees prescribed by the Designs Regulations effective from 1 October 1984. This legislative amendment was introduced to adjust the fee scales for various services provided by the Designs Office, aiming to ensure full cost recovery in line with current government policy. The Designs Office has thoroughly considered all relevant factors in setting the new fee scales, and consultations with key interest groups, including the Institute of Patent Attorneys of Australia and the Australian Manufacturers’ Patents, Industrial Designs, Copyright and Trade Mark Association, have resulted in their agreement with the proposed changes. The primary objective is to align the fees with the office's need to recover expenditures from receipts, as estimated for the 1984/85 fiscal year.
Scope and Application
The Designs Regulations 1984, as amended by Statutory Rules 1984 No. 256, apply to any person or entity seeking to lodge applications or requests related to the registration of industrial designs in Australia. These amendments, which came into effect on 1 October 1984, are intended to adjust the fees charged by the Designs Office, a division under the purview of the Minister for Science and Technology. The revised fee schedule applies to various services, including the application for registration of a design, requests for expedited consideration, extensions of time or registration periods, opposition notices, and various other administrative tasks associated with design registrations. The adjustments are primarily concerned with the financial aspect of these services and are aimed at ensuring the Designs Office can fully recover its expenditure from fees, as mandated by current government policy. The regulations cover a broad range of services and are applicable across Australia, affecting anyone who interacts with the Designs Office for industrial design-related matters.
Key Provisions
The principal amendments to the Designs Regulations, as detailed in Statutory Rules 1984 No. 256, are contained in Regulations 2 and 3, which adjust the fees prescribed under the Designs Act. Regulation 1 establishes the effective date of these amendments as 1st October 1984. Regulation 2 modifies the existing transitional regulation 63 by changing the fee level, while Regulation 3 updates items 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 14, 15, and 16 of the Second Schedule, predominantly altering the fee amounts and correcting a spelling error in item 9.
These amendments impose specific obligations on parties or entities governed by the Designs Act. For instance, applicants for the registration of a design must now pay a fee of $60 (Regulation 2, item 1), up from $40. Similarly, expedited consideration requests are subject to an increased fee of $50 (Regulation 2, item 2). Other services, such as opposition notices and requests for extensions of time or registration periods, also see fee increases (Regulation 3, items 4, 6, and 8). Additionally, requests for the substitution of a registered owner or for the exercise of the Registrar's discretionary powers are now subject to higher fees (Regulation 3, items 9 and 12).
Failure to comply with these fee requirements could potentially lead to administrative or legal consequences. While the explanatory statement does not explicitly state penalties for non-compliance, it is reasonable to infer that non-payment or underpayment of the prescribed fees could result in the delay or refusal of processing applications or requests under the Designs Act. The fees are designed to ensure the Designs Office can fully recover its expenditure from receipts, a requirement mandated by current government policy.