TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 240
Regulations
TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 240
Regulations
240.(1) The Governor-General may make regulations:
(a) prescribing matters required or permitted by this Act to be
prescribed; or
(b) prescribing matters necessary or convenient to be prescribed for
carrying out or giving effect to this Act; or
(c) prescribing matters necessary or convenient to be prescribed for the
conduct of any business relating to the Trade Marks Office.
(2) Without limiting subsection (1), the regulations may:
(a) provide for appeals against decisions of the Registrar made under the
regulations; and
(b) require persons to make statutory declarations in support of any
application, notice or request filed under this Act; and
(c) provide for the making of a declaration, or the doing of an act, under
this Act on behalf of a person who, because of infancy or physical or
mental disability, is unable to make the declaration or do the act;
and
(d) provide for the refund, in specific circumstances, of the whole or
part of a fee paid in respect of the filing of a document; and
(e) provide for the remission of, or the exemption of specified classes of
persons from the payment of, the whole or part of a fee; and
(f) give power to the Registrar:
(i) to require, in specified circumstances, a person applying under
Part 9 for a trade mark to be removed from, or not to be
restored to, the Register to give security for any costs that
may arise from the proceedings; and
(ii) not to proceed with the application if security is not given;
and
(iii) to refund to the applicant any amount given as security and not
applied in settling costs awarded against the defendant; and
(g) provide for the destruction of documents relating to a trade mark at
least 25 years after the registration of the trade mark has ceased;
and
(h) prescribe as penalties for offences against the regulations fines not
exceeding 10 penalty units; and
(i) make transitional or consequential provision as necessary or
convenient because of the repeal of the repealed Act and the
enactment of this Act; and
(j) provide for regulations made under the repealed Act to continue to
have effect (with any prescribed alterations) for specified purposes
of this Act.