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DESIGNS REGULATIONS (AMENDMENT) 1994 NO. 180

DESIGNS REGULATIONS (AMENDMENT) 1994 NO. 180

EXPLANATORY STATEMENT

STATUTORY RULES 1994 No. 180

Issued by the Authority of the Minister for Small Business, Customs and Construction

Designs Act 1906

Designs Regulations (Amendment)

The Statutory Rules amend the Designs Regulations (the Regulations) to provide the mechanism for amending or altering an entry in the Register of Designs (the register) to correct a clerical error or an obvious mistake for the purposes of subsections 37(1A) and 37(1B) of the Designs Act 1906 (the Act), prescribe persons who could be delegated all or any of the powers of the Registrar of Designs (the Registrar) under the Act and the Olympic Insignia Protection Act 1987, update the list of Convention countries, and make a number of minor consequential changes.

Details of the regulations made by these Statutory Rules are as follows:

Regulation 1 prescribes 29 June 1994 as the commencement day for the regulations.

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

Regulation 3 amends existing regulation 21 of the Regulations to provide the mechanism for amending or altering an entry in the register to correct a clerical error or an obvious mistake for the purposes of subsections 37(1A) and 37(1B) of the Act. New subregulations 21(2) to 21(8) prescribe the manner of requesting an amendment or alteration of an entry in the register for the purposes of correcting a clerical error or an obvious mistake and the processes to be followed in making an amendment or alteration to an entry in the register. New subregulation 21(9) provides that if the Registrar intends to amend or alter an entry in the register on his or her own initiative, then he or she may give notice of that intention to a person whose name is entered in the register as having an interest in the relevant design.

Regulation 4 inserts new regulation 50AA to the Regulations which prescribes persons to whom the powers of the Registrar under the Act (other than the powers under paragraphs 42A(a) and (c) of the Act) and under the Olympic Insignia Protection Act 1987, may be delegated, for the purposes of paragraph 8A(1)(a) of the Act.

Regulation 5 amends regulation 56 of the Regulations to omit the reference to correction of clerical errors in the register which would have been redundant in view of subsection 37(1A) of the Act, which is inserted by the Industry, Technology and Regional Development Legislation Amendment Act 1994.

Regulation 6 amends regulation 61 of the Regulations consequent on the amendment of regulation 21 of the Regulations (see regulation 3). Regulation 61 now provides that a person may apply to the Administrative Appeals Tribunal for review of a decision of the Registrar to allow, or to refuse, the request to amend or alter an entry in the register, for the purposes of correcting a clerical error or an obvious mistake.

Regulation 7 substitutes a new Form 6 in Schedule 1 to the Regulations consequent on the amendment of regulation 21 of the Regulations (see regulation 3). The new Form 6 now covers requests for amendment or alteration of an entry in the register for the purposes of correcting a clerical error or an obvious mistake.

Regulation 8 amends fee item 12 in Schedule 2 to the Regulations consequent on the amendment of regulation 21 of the Regulations (see regulation 3), such that that fee is payable on lodging a request to amend or alter an entry in the register for the purposes of correcting a clerical error or an obvious mistake.

Regulation 9 inserts Bosnia and Herzegovina, El Salvador, Georgia, Honduras, Kyrgyzstan, Lithuania, Paraguay, Taiwan, Tajikistan and The former Yugoslav Republic of Macedonia in the list of Convention countries in Schedule 2A to the Regulations, to the effect that these countries are declared to be Convention countries under regulation 7A of the Regulations, for the purposes of subsection 48(1) of the Act.

Regulation 10 inserts new Schedule 2B which lists prescribed persons for the purposes of new regulation 50AA of the Regulations (see regulation 4).

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