Statutory Rules
1974 No. 205
REGULATIONS UNDER THE DESIGNS ACT 1906-1973.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Designs Act 1906-1973.
Dated this twenty-fourth day of October, 1974.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
W. L. MORRISON
Minister of State for Science.
Amendment of the Designs Regulations†
Commencement.
1. These Regulations shall come into operation on 15 November 1974.
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 The Second Schedule to the Designs Regulations is repealed and the following Schedule substituted:—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. | 10.00 |
2. On application for extension of the period of registration of a design for a second or third period of five years | 20.00 |
3. On appearance at a hearing before the Registrar................................ | 12.00 |
4. On notice of appeal to Law Officer against refusal of Registrar to register a design......... | 20.00 |
5. On request to enter name of subsequent proprietor............................... | 10.00 |
6. On request to amend a document under regulation 59............................. | 8.00 |
7. On request to enter new address—for each design............................... | 4.00 |
8. For entry in the Register of a rectification of or an alteration in the Register, not otherwise charged—for each entry | 6.00 |
9. On request for certificate of Registrar for legal proceedings or other special purpose........ | 3.00 |
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................. | 3.00 |
* Notified in the Australian Government Gazette on 29 October 1974.
† 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; and 1969, No. 64.
Overview
Statutory Rules 1974 No. 205, known as the Regulations under the Designs Act 1906-1973, was enacted in 1974 to provide detailed guidelines and fee structures for the administration of design registrations in Australia. These regulations were made under the authority of the Governor-General of Australia, acting with the advice of the Executive Council, to address the need for updated and comprehensive administrative procedures concerning design registration. The primary objective of these regulations was to streamline the application process for design registration, including the fees associated with various stages of registration, appeals, and amendments. By setting out specific fees for services such as application, extension of registration, appeals, and other administrative tasks, these regulations aimed to ensure clarity and efficiency in the process of registering designs in Australia.
Scope and Application
Statutory Rules 1974 No. 205, made under the Designs Act 1906-1973, outlines specific regulations concerning the fees for various design-related applications and processes. These regulations apply to any person or entity seeking to register a design, extend the period of registration, or amend design-related documents. The application of these fees is nationwide, encompassing all jurisdictions within Australia, thereby ensuring uniformity in the charges across the Commonwealth. Notably, these regulations detail the fees for services such as registering a design, extending the registration period, attending hearings, and requesting certificates or amendments. The fees are structured to cover a range of activities, from initial applications to administrative corrections and appeals. Any exclusions or exemptions from these fees are not explicitly mentioned within the regulations, suggesting that all design-related applications are subject to the prescribed charges. The regulations themselves may be subject to further amendments or clarifications through subordinate instruments, which would be consistent with the overarching Designs Act.
Key Provisions
The main operative sections of these Regulations, issued under the Designs Act 1906-1973, primarily pertain to the fees associated with various applications and services related to design registration. For instance, Regulation 5 under the Second Schedule outlines fees for different actions such as the application to register a design (Regulation 5(1), $10.00), the extension of registration periods (Regulation 5(2), $20.00), and the appearance at a hearing before the Registrar (Regulation 5(3), $12.00). Other fees include charges for notices of appeal (Regulation 5(4), $20.00), requests to amend documents (Regulation 5(6), $8.00), and the issuance of certificates or photographic copies (Regulation 5(9) and (10)). These fees are intended to cover the administrative costs associated with processing design applications and maintaining the Register of Designs.
The Regulations impose several obligations and requirements on parties seeking to register designs or utilise the services provided by the Registrar under the Designs Act. For example, applicants must pay the specified fees when lodging their applications, as detailed in Regulation 5. This includes fees for the initial registration of a design, extensions of registration periods, and various other administrative services. Additionally, Regulation 5(10) mandates that applicants pay for any photographic copies of the Register or extracts from it, with specific rates outlined for the first and each subsequent sheet. These financial obligations are critical to ensuring the smooth operation of the registration process and the maintenance of the Register.
Breaches of the Regulations, while not explicitly detailed in the text, can lead to civil or administrative consequences under the Designs Act 1906-1973. For example, failure to pay the prescribed fees when required could result in delays or refusals in processing applications. Although the Regulations themselves do not specify penalties, the overarching Act may provide for such consequences. Furthermore, if a party deliberately avoids paying the required fees, this could be considered an act of non-compliance with statutory obligations, potentially leading to legal action under the Act. The exact penalties for such breaches would depend on the provisions of the principal Act and any relevant case law.