Commonwealth Numbered Acts

DESIGNS AMENDMENT ACT 1981 No. 42 of 1981 - SECT 29

29. After section 45 of the Principal Act the following sections are inserted:
Exercise of discretionary power by Registrar

"46. Where a discretionary power is by this Act given to the Registrar, he
shall not exercise that power adversely to a person without giving to that
person an opportunity of being heard. Objection to validity of design not to
be taken in certain circumstances

"46A. Objection shall not be taken to an application for registration of a
design, and a registered design is not invalid, by reason only of the design
having been published or used before the priority date in respect of the
application for registration of the design, if the Registrar or the prescribed
court is satisfied that -

   (a)  the publication was made or the user took place without the knowledge
        and consent of the applicant or owner, as the case may be;

   (b)  the subject of the publication or user was derived or obtained from
        the applicant or owner; and

   (c)  if, before the priority date in respect of the application for
        registration of the design, the applicant or owner became aware of the
        publication or user, he made application for registration of the
        design with all reasonable diligence after so becoming aware of the
        publication or user. Notice of appeal to prescribed court to be given
        to Registrar, &c.

"46B. (1) Notice of an appeal under this Act to a prescribed court from a
decision of the Registrar shall be given to the Registrar.



"(2) The Registrar is entitled to appear and be heard upon the hearing of the
appeal and shall appear if so directed by the prescribed court.".