Commonwealth Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

DESIGNS REGULATIONS 2004 - REG 11.23

Hearings

         (1)   If, under the Act or these Regulations, a person must be given a reasonable opportunity to be heard in respect of a matter, the Registrar must, before proceeding to make a determination on the matter, advise the person, in writing that:

                (a)    the person has the opportunity to be heard; and

               (b)    the person must notify the Registrar whether or not the person wishes to be heard within a reasonable period, specified in the notice; and

                (c)    if the person does not notify the Registrar, the Registrar may determine the matter without hearing the person.

         (2)   The Registrar must give notice of the date, time and place of the hearing to each party to the hearing at least 10 days before the day when the hearing is to begin.

         (3)   The Registrar may adjourn the hearing from time to time and from place to place by notifying the parties to the hearing accordingly.

         (4)   The Registrar may hold a hearing:

                (a)    at which the parties appear before him or her in person; or

               (b)    in which a party participates by telephone or other means of telecommunications that the Registrar reasonably allows.

         (5)   If a party to a hearing does not intend to appear at the hearing, the party may give a written submission to the Registrar before the hearing begins.

         (6)   The Registrar must, in deciding the matter being heard, have regard to any written submission given to him or her under subregulation (5) as if:

                (a)    the party were present or otherwise participating in the hearing; and

               (b)    the matter of the submission were presented by the party in the Registrar's presence.

         (7)   The Registrar must notify each party to the hearing of his or her decision on the matter heard.



[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]