Commonwealth Consolidated Regulations

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 notice 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 notice;

               (b)    if:

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

                         (ii)    the Registrar gives the registered owner written notice 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 notice under subsection 66 (2) of the Act in relation to the examination;

                        (iv)    3 months after the date of the notice 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 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.