Commonwealth Consolidated Acts

DESIGNS ACT 2003 - SECT 33

             (1)  A design application lapses if:

                     (a)  a request to register or publish each design disclosed in the application has not been made, in accordance with Part 2 of Chapter 4, within the period prescribed by the regulations; or

                     (b)  the Registrar has given the applicant a notice under section 41 or 57 in respect of the application, and the applicant has not, within the period prescribed by the regulations:

                              (i)  requested that the application be amended; or

                             (ii)  responded in writing to the notice as mentioned in subparagraph 41(c)(ii) or 57(3)(c)(ii), as the case requires;

                            in such a way that the Registrar is satisfied that the application meets the applicable requirements of Chapter 4.

             (2)  If the Registrar has, under section 137, extended a period within which a thing mentioned in subsection (1) is to be done, a reference in subsection (1) to a period is a reference to the extended period.

             (3)  For the purposes of paragraph (1)(a), each design disclosed in the application does not include the following:

                     (a)  a design excluded from the application by an amendment under section 28;

                     (b)  a design withdrawn from the application under subsection 32(2).

             (4)  The Registrar must publish a notice stating that a design application has lapsed under subsection (1). The notice must be in the form prescribed by the regulations.