DESIGNS REGULATIONS 2004 - REG 5.04 Period in which examination of a design must be completed

DESIGNS REGULATIONS 2004 - REG 5.04

    For paragraph   65(3)(b) of the Act, the prescribed period is worked out as follows:

  (a)   if a notification is given under subsection   66(2) of the Act in relation to the examination, the prescribed period is 6 months after the date of the first notification;

  (b)   if:

  (i)   a person provides material under section   69 of the Act; and

  (ii)   the Registrar gives the registered owner a notification under subsection   66(2) of the Act of a ground of revocation, based on that material;

    the prescribed period is whichever of the following periods ends later:

  (iii)   6 months after the date of the first notification under subsection   66(2) of the Act in relation to the examination;

  (iv)   3 months after the date of the notification under subsection   66(2) of the Act that first raises the ground of revocation;

  (c)   if:

  (i)   the Registrar discontinues the examination of the design in accordance with subsection   63(4) of the Act; or

  (ii)   if a hearing described in section   67 or 68 of the Act is requested; or

  (iii)   if an appeal is made to the Federal Court or the Federal Circuit and Family Court of Australia (Division   2) against a decision of the Registrar under section   67 or 68 of the Act;

    the prescribed period is the period determined by the Registrar to allow the examination to be completed.