STATUTORY RULES.
1945. No. 199.
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REGULATION UNDER THE TRADE MARKS ACT 1905-1936.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Trade Marks Act 1905-1936.
Dated this twentieth day of December, 1945.
HENRY
Governor-General.
By His Royal Highness’s Command,
E. J. HOLLOWAY
for and on behalf of the Attorney-General.
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Amendment of the Trade Marks Regulations 1913.†
Regulation 7 of the Trade Marks Regulations 1913 is repealed and the following regulation inserted in its stead:—
Hours of business.
7. Except in the case of holidays observed under the Commonwealth Public Service Act 1922-1945, the Trade Marks Office and sub-offices shall be open to the public on week days (other than Saturdays) from ten o’clock in the morning to four o’clock in the afternoon.”
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* Notified in the Commonwealth Gazette on 20th December, 1945.
† Statutory Rules 1913, No. 330, as amended by Statutory Rules 1914, No. 56; 1917, No. 291; 1929, No. 89; 1930, Nos. 149 and 157; 1934, No. 133; 1937, No. 18: 1933, No. 83; 1941, Nos. 31 and 241; and 1943, No. 36.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
7421.—Price 3d.
Overview
The Trade Marks Regulations 1945 (C1945L00199) were enacted by the Governor-General in the context of the Trade Marks Act 1905-1936, aiming to modernise and streamline administrative procedures concerning the registration and management of trademarks within Australia. This statutory instrument was introduced to address the need for updated operational guidelines in light of changes to public holidays and business hours, ensuring the Trade Marks Office could efficiently serve the public during working days. The Federal Executive Council advised the Governor-General in the creation of these regulations, which were intended to facilitate smoother operations and better public accessibility to trademark services.
These regulations, specifically amending Regulation 7 of the Trade Marks Regulations 1913, establish new business hours for the Trade Marks Office, clarifying that the office would be open from ten o'clock in the morning to four o'clock in the afternoon on weekdays, excluding Saturdays and public holidays as defined under the Commonwealth Public Service Act 1922-1945. The policy objective was to ensure that the Trade Marks Office operated in a manner that was both convenient for the public and efficient for the administrative processes involved in trademark registration and management.
Scope and Application
The Statutory Rules 1945, No. 199, made under the Trade Marks Act 1905-1936, pertain to the regulation of the Trade Marks Office’s business hours. This regulation applies to the Trade Marks Office and its sub-offices within the Commonwealth of Australia, impacting the public who seek to conduct business related to trademarks during these hours. It specifies that the offices will be open on weekdays, excluding Saturdays, from ten in the morning until four in the afternoon, unless the day in question is a holiday observed under the Commonwealth Public Service Act 1922-1945. The regulation replaces Regulation 7 of the Trade Marks Regulations 1913, which had previously outlined the office hours. This amendment ensures clarity and consistency in the public's interaction with the Trade Marks Office, delineating the precise times during which services can be accessed, thereby affecting anyone who requires the registration or processing of trademarks within the Australian jurisdiction.
Key Provisions
The main operative section of this regulation (Regulation 7) replaces the previous regulation concerning the hours of business at the Trade Marks Office and its sub-offices. It specifies that, except for holidays as defined under the Commonwealth Public Service Act 1922-1945, the Trade Marks Office and its sub-offices will be accessible to the public on weekdays, excluding Saturdays, from 10:00 AM to 4:00 PM (Regulation 7). This sets a clear timeframe within which the public can visit the office to conduct business related to trade marks, ensuring that the office remains open and available during standard working hours.
This regulation imposes specific operational obligations on the Trade Marks Office and its sub-offices, mandating that they maintain their business hours as outlined in Regulation 7. This includes being open on weekdays, excluding Saturdays, from 10:00 AM to 4:00 PM, unless these are holidays recognised under the Commonwealth Public Service Act 1922-1945. This requirement ensures that the offices provide consistent and reliable service to the public during the specified hours, facilitating the processing of trade mark applications and related inquiries.
Failure to comply with the prescribed business hours as stipulated in Regulation 7 could potentially lead to operational inefficiencies or difficulties for the public seeking to access the services provided by the Trade Marks Office. While the regulation does not explicitly state penalties for non-compliance, the lack of adherence to the set hours might result in legal or administrative consequences if public service obligations are not met. The specific nature of these consequences would depend on broader administrative regulations and policies governing public service operations.