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Designs Bill 2003

Part 4 Review of the Registrar’s decisions

   

136   Review by Administrative Appeals Tribunal

             (1)  A person may apply to the Administrative Appeals Tribunal for review of a decision of the Registrar:

                     (a)  to refuse an application that does not meet the minimum filing requirements under subsection 24(2); or

                     (b)  to make or refuse to make a determination under section 29; or

                     (c)  to refuse an application under section 30 for a design application to proceed in the person’s name; or

                     (d)  to refuse to register a design under section 43; or

                     (e)  to refuse to publish a design under section 59; or

                      (f)  to prohibit or restrict the publication of information about the subject matter of a design application under section 108; or

                     (g)  to refuse an application under section 137 for an extension of time.

             (2)  If a decision mentioned in subsection (1) is made and a written notice of the decision is given to a person whose interests are affected by the decision, the notice must include a statement to the effect that an application may be made to the Administrative Appeals Tribunal under the Administrative Appeals Tribunal Act 1975 for review of the decision.

             (3)  Failure to comply with subsection (2) in relation to a decision does not affect the validity of the decision.

             (4)  In this section:

decision has the same meaning as in the Administrative Appeals Tribunal Act 1975 .