EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 240
Issued by the Authority of the Minister of State for Industry, Technology and Commerce
The Statutory Rules amend the Designs Regulations to make administrative amendments to the regulations concerned with an application for a hearing, certified copies of all or any of the particulars comprising the Register of Designs and the order of examining applications to register a design. In addition, the Statutory Rules will insert a new provision for advertisement, in the Official Journal, of withdrawal of an application to register a design under section 20A of the Designs Act 1906 (the Act). Details of the amendments are as follows:
Regulation 1 provides for these Regulations to commence on 18 July 1990.
Regulation 2 cites the Designs Regulations as the “Principal Regulations”.
Regulation 3 inserts new regulation 7AA to provide for the advertisement in the Official Journal of the withdrawal of an application for the registration of a design under section 20A of the Act.
Regulation 4 amends existing regulation 10 by adding new subregulations 10(2) and (3). New subregulation 10(2) allows the Registrar, if it is warranted in the circumstances, for any reason, to expedite consideration of an application to register a design even if an application for expedited consideration has not been made. New subregulation 10(3) allows the Registrar to consider the expedited application whenever it is appropriate to do so.
Regulation 5 omits subregulations 17(1) and (3) and substitutes new subregulations 17(1), (1A), (3) and (3A). New subregulation 17(1) provides that an applicant who has received notice under existing regulation 14 may inform the Registrar that he or she desires to be heard in relation to a matter referred to in the notice. New subregulation 17(1A) provides that an applicant who has received further notice under existing regulation 16 must inform the Registrar whether or not he or she desires to be heard in relation to a matter to which the further notice relates. New subregulation 17(3) provides for the lapsing of an application, and advertisement in the Official Journal, if the applicant indicates that he or she does not wish to be heard or if he or she fails to notify the Registrar, under new subregulation 17(1A), that he or she wishes to be heard. New subregulation 17(3A) provides that if an applicant fails to appear at a hearing and the Registrar decides to refuse to register the design, the Registrar must inform the applicant of that refusal.
Regulation 6 repeals regulation 55 of the Designs Regulations consequential to the introduction of a general mechanism for extending the time for doing an act under the Designs Act.
Regulation 7 amends existing regulation 57 by adding new subregulation 57(2) which provides that if the Register is wholly or partly kept by use of a computer, a document signed by the Registrar and reproducing in writing all or any of the particulars comprising the Register, or that part of it, is admissable in any proceedings as prima facie evidence of those particulars.
Overview
The Statutory Rules 1990 No. 240, issued under the authority of the Minister of State for Industry, Technology and Commerce, amend the Designs Regulations 1990 to streamline and modernise the administrative processes involved in design registration. These amendments address gaps in the existing regulations, particularly in expediting application processes, clarifying the procedures for hearings, and updating the handling of certified copies from the Register of Designs. The objective is to enhance efficiency and transparency within the design registration system. The changes also include provisions for the advertisement of withdrawn applications and the introduction of a general mechanism for extending the time for doing acts under the Designs Act, ensuring that the processes are fair and adaptable to various circumstances. These amendments aim to facilitate a more responsive and effective design registration process in line with contemporary requirements.
Scope and Application
The Designs Regulations, as amended by the Statutory Rules, apply to all entities and individuals seeking to register a design under the Designs Act 1906. These regulations govern the process for making applications for design registration, the consideration of those applications, and the administrative procedures that must be followed by both the applicants and the Registrar of Designs. The regulations establish the framework for the timely and orderly examination of design applications, including the expedited consideration of applications under certain circumstances, and provide for the advertisement of significant actions, such as the withdrawal of an application, in the Official Journal. Geographically, these regulations apply throughout Australia, as they are an extension of Commonwealth legislation.
The regulations do not exclude any particular person or entity from their purview, and they apply uniformly across all states and territories of Australia. However, they do provide certain exemptions and procedural flexibility, such as the ability of the Registrar to expedite the consideration of an application without a formal request from the applicant, and the ability to accept applications for a hearing from those who have been notified of specific matters. The amendments also introduce new requirements for the advertisement of certain actions, such as the withdrawal of an application, which must be published in the Official Journal. The application and effect of these regulations may be further refined or extended through subordinate instruments, which can provide additional detail or adapt the regulations to changing circumstances.
Key Provisions
The Statutory Rules amend the Designs Regulations, introducing several key provisions to streamline the process of applying for and managing design registrations under the Designs Act 1906. Regulation 2 identifies the Designs Regulations as the "Principal Regulations", setting the stage for the subsequent amendments. Regulation 3 introduces a new regulation 7AA, which mandates that any withdrawal of an application for design registration be advertised in the Official Journal. This ensures transparency and public notification of such actions.
The obligations imposed by these regulations require applicants to respond to notices from the Registrar regarding their desire to be heard on matters related to their applications. Specifically, under new subregulation 17(1), an applicant who has received notice under regulation 14 must inform the Registrar if they wish to be heard on the matter. Similarly, under new subregulation 17(1A), an applicant who receives further notice under regulation 16 must declare whether they wish to be heard regarding the related matter. Failure to respond appropriately can result in the lapsing of the application and its advertisement in the Official Journal as per new subregulation 17(3). If an applicant fails to attend a hearing and the Registrar decides to refuse the registration, the applicant must be informed of this refusal under new subregulation 17(3A).
The Statutory Rules also establish certain consequences for non-compliance with the new provisions. For example, the failure to notify the Registrar of a desire to be heard, as required by new subregulation 17(1A), can lead to the lapsing of the application. Furthermore, if an applicant fails to appear at a scheduled hearing and the Registrar decides to refuse the registration, the applicant must be explicitly informed of this decision. These provisions underscore the importance of timely and appropriate communication with the Registrar to avoid adverse outcomes for design registration applications.