DESIGNS REGULATIONS (AMENDMENT) 1993 NO. 114

DESIGNS REGULATIONS (AMENDMENT) 1993 NO. 114

STATUTORY RULES 1993 No. 114

Issued by the Authority of the Minister for Science and Small Business

Designs Act 1906

Designs Regulations (Amendment)

The Statutory Rules amend the Designs Regulations (the Regulations) to vary certain fees payable under the Regulations; and to vary the costs, expenses and allowances that may be awarded in proceedings before the Registrar. Details of the amendments are as follows:

Regulation 1 sets 1 July 1993 as the commencement day for the regulations.

Regulation 2 identifies the Designs Regulations as those to be amended.

Regulation 3 substitutes a reworded subregulation 4 (1), to improve its clarity.

Regulation 4 substitutes a revised Schedule 2 to the Regulations. The items differ from existing items in the level of fees except for the items 1, 3, 5, 7, 12 and 18 which will remain unchanged. Consequent on the introduction of new item 4 the items in Schedule 2 have been renumbered.

In addition, some of the items have been revised to effect some structural changes to the fees to better align them with their costs, and to improve consistency with similar fee items in other legislation administered by the Australian Industrial Property Organisation (AIPO). Some items have also been revised to reflect the latest drafting style and to improve their clarity. The overall effect of the revised fees is an increase of 2 per cent on average in fee levels. This increase will enable the Australian Industrial Industrial Organisation to meet its cost recovery obligations.

Regulation 5 inserts a revised Schedule 4 to the Regulations which sets out items and amounts of costs, expenses and allowances that can be awarded, taxed, allowed and certified in relation to proceedings before the Registrar. The amounts in Part 1 and in Division 1 of Part 2 are set to retain parity with the charges set under the Rules of the Australian Capital Territory Supreme Court (the ACT SC Rules). Division 2 of Part 2, including the amounts specified, is modelled on the corresponding provisions of the Administrative Appeals Tribunal Regulations (the AAT Regulations). The Designs Regulations (Amendment) realigns the amounts of costs, expenses and allowances to those currently prescribed under the ACT SC Rules and AAT Regulations.

In addition, clause 2 in Part 2 in Schedule 6 has been amended to correct an unintended effect. The amendment allows a person attending proceedings before the Registrar to be paid a reasonable amount for allowances for transport without this being subject to a maximum daily limit.