OLYMPIC INSIGNIA PROTECTION ACT 1987 - SECT 11 Extension or reduction of protection periods in relation to registered olympic designs

OLYMPIC INSIGNIA PROTECTION ACT 1987 - SECT 11

  (1)   The AOC may, not later than 6 months before the end of the protection period in relation to a registered olympic design (including a protection period that has been extended or reduced under this section), apply to the Registrar for that period to be extended by a further period of 12 years.

  (2)   An application under subsection   (1):

  (a)   must be in accordance with an approved form; and

  (b)   must be accompanied by the prescribed fee; and

  (c)   must be lodged by being left at, or delivered by post to, the Designs Office.

  (3)   Where an application is made under subsection   (1), the Registrar shall cause notice of the application to be published in the Gazette and in the Official Journal .

  (4)   A notice of an application shall invite persons who wish to object to the grant of the application on any relevant grounds to make representations in connection with the application by such date, not being a date earlier than 60 days after the date of the notice, as is specified in the notice.

  (5)   A person may, not later than the date specified in the notice, make representations to the Registrar in connection with the application in accordance with an approved form.

  (6)   After the Registrar has considered any such representations made in respect of an application for the extension of the protection period in relation to a registered olympic design, the Registrar shall, before the end of the protection period, extend the protection period for a further period of 12 years if the Registrar would be required to register the design if an application for registration of the design had been made immediately after the end of the protection period.

  (7)   The Registrar shall, on the application of the AOC made in accordance with an approved form, reduce the duration of the protection period in relation to a registered olympic design.

  (8)   Where the protection period in relation to a registered olympic design ends or is extended, the Registrar shall cause notice of the end or extension to be published in the Gazette and in the Official Journal .

  (9)   Where the Registrar makes a decision under subsection   (6) refusing to extend a protection period, the Registrar shall cause notice of the decision to be published in the Gazette and in the Official Journal .

  (10)   An appeal lies to the Federal Court from a decision of the Registrar under subsection   (6) to extend or to refuse to extend a protection period.