Industry, Technology and Regional Development Legislation Amendment Act 1994

Administered by Department of Resources, Energy and Tourism

Legislation au C2004A04734 Not in force Act

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Industry, Technology and Regional
Development Legislation Amendment
Act 1994

No. 58 of 1994

 

An Act to amend various Acts relating to matters dealt with
by the Department of Industry, Technology and Regional
Development, and for related purposes

[Assented to 9 April 1994]

The Parliament of Australia enacts:

Short title

1. This Act may be cited as the Industry, Technology and Regional Development Legislation Amendment Act 1994.

Commencement

2. This Act commences on a day to be fixed by Proclamation.


Amendment of Acts

3. The Acts specified in the Schedule are amended as set out in the Schedule.

Transitional provisions

4.(1) Regulations made for the purposes of subsection 48(1) of the Designs Act 1906, and in force immediately before the commencement of this Act, have effect after that commencement as if they had been made for the purposes of that subsection as amended by this Act.

(2) Regulations made for the purposes of subsection 108(1) of the Trade Marks Act 1955, and in force immediately before the commencement of this Act, have effect after that commencement as if they had been made for the purposes of that subsection as amended by this Act.


SCHEDULE Section 3

AMENDMENTS OF ACTS

Designs Act 1906

Subsection 8(1):

Omit the subsection, substitute:

“(1) There is to be a Registrar of Designs.

“(1A) The Registrar has such powers and functions as are conferred on him or her under this Act or any other Act.”.

Subsections 8(4) and (5):

After “this Act”, insert “or any other Act”.

Subsection 8(5A):

After “this Act”, insert “or any other Act”.

Subsection 8(5B):

After “this Act” (wherever occurring), insert “or any other Act”.

Subsection 8(6):

Omit the subsection.

Section 8A:

Omit the section, substitute:

Delegation by Registrar

“8A.(1) The Registrar may, by writing, delegate all or any of the Registrar’s powers under this Act or any other Act to:

(a) a prescribed person, or a prescribed class of persons, holding or performing the duties of an Australian Public Service office in the Designs Office; or

(b) a prescribed employee, or a prescribed class of employees, employed in the Designs Office.

“(2) In this section:

‘employee’ has the same meaning as in the Public Service Act 1922.”.

After subsection 37(1):

Insert:

“(1A) The Registrar may, in accordance with the regulations, amend or alter an entry in the register to correct a clerical error or an obvious mistake.

“(1B) An amendment or alteration under subsection (1A) may be made:

(a) on the request made in the prescribed manner by the owner of a registered design; or


SCHEDULE—continued

(b) on the Registrar’s own initiative.”.

Subsection 48(1):

Omit from subsection (1) “, with a view to the fulfilment of a treaty, convention, arrangement or engagement between the Commonwealth and another country,”.

Industry Research and Development Act 1986

Paragraph 28(2)(a):

Omit “30 June 1994”, substitute “31 December 1995”.

Paragraph 31(2)(a):

Omit “30 June 1994”, substitute “31 December 1995”.

Patents Act 1990

Subsection 207(2):

Omit the subsection, substitute:

“(2) The Commissioner has such powers and functions as are conferred on him or her under this Act or any other Act.”.

Subsections 208(2) and (3):

After “this Act” (wherever occurring), insert “or any other Act”.

Subsection 208(4):

After “this Act”, insert “or any other Act”.

Subsection 208(5):

After “this Act” (wherever occurring), insert “or any other Act”.

Subsection 209(1):

Omit “to an employee”, substitute “or any other Act to a prescribed employee, or a prescribed class of employees”.

Schedule 1 (paragraphs (a) and (b) of the definition of “employee”):

Omit “under the control of the Commissioner”, substitute “in the Patent Office”.

Trade Marks Act 1955

Subsection 10(1):

Omit the subsection, substitute:

“(1) There is to be a Registrar of Trade Marks.


SCHEDULE—continued

“(1A) The Registrar has such powers and functions as are conferred on him or her under this Act or any other Act.”.

Subsection 10(2):

Omit the subsection.

Subsections 10(3A) and (3B):

After “this Act” (wherever occurring), insert “or any other Act”.

Subsection 10(3C):

After “this Act”, insert “or any other Act”.

Subsection 10(4):

After “this Act” (wherever occurring), insert “or any other Act”.

Subsection 10(5):

Omit the subsection.

Section 11:

Omit the section, substitute:

Delegation by Registrar

“11.(1) The Registrar may, by writing, delegate all or any of the Registrar’s powers under this Act or any other Act to:

(a) a prescribed person, or a prescribed class of persons, holding or performing the duties of an Australian Public Service office in the Trade Marks Office; or

(b) a prescribed employee, or a prescribed class of employees, employed in the Trade Marks Office.

“(2) In this section:

‘employee’ has the same meaning as in the Public Service Act 1922.”.

Subsection 108(1):

Omit “, with a view to the fulfilment of a treaty, convention, arrangement or engagement between the Commonwealth and another country,”.

[Minister’s second reading speech made in—

Senate on 16 December 1993

House of Representatives on 2 March 1994]

Overview

The Industry, Technology and Regional Development Legislation Amendment Act 1994 was enacted to bring about amendments to various acts related to the Department of Industry, Technology and Regional Development. The Parliament of Australia enacted this Act, which was assented to on 9 April 1994. The objective of this Act is to streamline and modernise the legislative framework surrounding industry, technology, and regional development, thereby facilitating better governance and efficiency within these sectors. The Act amends several existing pieces of legislation, including the Designs Act 1906, the Trade Marks Act 1955, the Patents Act 1990, and the Industry Research and Development Act 1986, to update roles, responsibilities, and procedures to align with contemporary administrative practices.

Scope and Application

The Industry, Technology and Regional Development Legislation Amendment Act 1994 applies to the specified Acts dealing with matters managed by the Department of Industry, Technology and Regional Development. This includes the Designs Act 1906, the Trade Marks Act 1955, the Patents Act 1990, and the Industry Research and Development Act 1986. The Act amends these statutes to align with the functions and powers of the respective registrars and the Commissioner, enabling them to exercise their duties under any other Act as well. The amendments streamline the delegation of powers by the Registrars of Designs and Trade Marks, allowing them to delegate their functions to prescribed persons or classes of persons, provided they are employees in the respective offices. Additionally, the Act provides for the correction of clerical errors or obvious mistakes in the registers by the Registrars. The geographic and jurisdictional reach of this Act is Commonwealth, impacting the operations and administration of the specified Acts across Australia. The Act does not explicitly state exclusions or exemptions, and its application may be extended or restricted through subordinate instruments, such as regulations made under the amended Acts.

Key Provisions

The Industry, Technology and Regional Development Legislation Amendment Act 1994 amends several pieces of legislation relating to industry, technology, and regional development. Specifically, the Act modifies the Designs Act 1906, the Industry Research and Development Act 1986, the Patents Act 1990, and the Trade Marks Act 1955, as outlined in the Schedule to the Act (sections 3 and 4). The main operative sections of these amendments include the insertion of new provisions and the modification of existing ones. For example, in the Designs Act 1906, the Act introduces a new section 8A that allows the Registrar of Designs to delegate certain powers to specific individuals or classes of individuals, either holding or performing duties within the Designs Office or employed in the Designs Office (section 3). Similarly, it amends the Trade Marks Act 1955 by introducing a new section 11 that allows the Registrar of Trade Marks to delegate certain powers to prescribed persons or employees within the Trade Marks Office (section 3). The obligations and requirements imposed by the Act on the relevant parties or entities include ensuring that the Registrars of Designs and Trade Marks can delegate their powers to certain individuals or classes of individuals, as specified. These delegations must be made in writing, and the individuals or classes must either hold or perform duties within the respective offices or be employees of the offices, as defined in the Public Service Act 1922. Additionally, the Registrars are given the authority to amend or alter entries in their respective registers to correct clerical errors or obvious mistakes, either at the request of the design or trade mark owner or on the Registrar's own initiative (section 3). There are no specific offences, penalties, or civil or criminal consequences outlined in the Act for breaches of its provisions. However, given the nature of the amendments, it is likely that any significant non-compliance could result in administrative or legal consequences under the respective Acts being amended. For example, if the Registrars were to improperly delegate their powers or make unauthorised amendments to the registers, they could potentially face disciplinary action or other consequences under the provisions of the Acts they are empowered to administer. The maximum penalties for such actions would depend on the specific circumstances and the relevant provisions of the underlying Acts.

Legal classification tags

Area of Law
Technology Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Delegation by Registrar
Regulatory Standards

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.