DESIGNS REGULATIONS 2004 - REG 11.22 Exercise of discretionary powers by Registrar

DESIGNS REGULATIONS 2004 - REG 11.22

  (1)   The Registrar must give a person an opportunity to be heard before exercising a discretionary power under these Regulations adversely to the person.

Note:   See section   148 of the Act for a similar provision.

  (2)   For section   148 of the Act and subregulation   (1), the Registrar must give the person an opportunity to be heard by:

  (a)   asking the person for written submissions; or

  (b)   notifying the person that, on request to the Registrar, the person may be heard by way of an oral hearing on a date, and at a time and place, determined by the Registrar; or

  (c)   notifying the person of the date, time and place of an oral hearing.

  (3)   The Registrar may exercise the discretionary power if the person:

  (a)   notifies the Registrar that the person does not want to be heard; or

  (b)   does not file written submissions if requested under subregulation   11.23(1); or

  (c)   does not attend an oral hearing if notified under subregulation   11.23(2).

  (4)   If the Registrar exercises discretionary power in any of the circumstances mentioned in subregulation   (3), the Registrar must notify the person of the Registrar's decision.