Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) The Commissioner may inform himself or herself of a fact by reference to a document available in the Patent Office.
(2) If the Commissioner proposes to refer to a document under subregulation (1), he or she must:
(a) notify the parties accordingly; and
(b) give the parties a copy of, or access to, the document; and
(c) give the parties an opportunity to give evidence or make representations with respect to the fact or document.
(3) In subregulation (2), document does not include a document filed under regulation 5.3AA, 5.4 or 5.8, or further evidence referred to in subregulation 5.10 (4).