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INTELLECTUAL PROPERTY LAWS AMENDMENT ACT 2006 (NO. 106, 2006) - SCHEDULE 2 Non-payment of fees relating to trade marks

INTELLECTUAL PROPERTY LAWS AMENDMENT ACT 2006 (NO. 106, 2006) - SCHEDULE 2

Non-payment of fees relating to trade marks

   

Trade Marks Act 1995

1  Subsections 223(3), (4) and (5)

Repeal the subsections, substitute:

             (3)  The regulations may provide for the consequences (for the purposes of this Act) of failing to pay a fee in accordance with the regulations.

             (4)  In particular, the regulations may provide that, for the purposes of this Act:

                     (a)  an act is not to be done, or is taken not to have been done, if the fee for doing the act is not paid in accordance with the regulations; or

                     (b)  a document is not filed, or is taken not to have been filed, if the fee for filing the document is not paid in accordance with the regulations; or

                     (c)  an application for registration of a trade mark lapses, or is taken to have lapsed, if the fee for filing the application is not paid in accordance with the regulations.

             (5)  Subsection (4) does not limit subsection (3).

2  Application

The amendment made by this Schedule applies in relation to fees that become payable after the commencement of this Schedule.