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Designs Bill 2003

Part 6 Other


141   Powers of agents

                   An agent may do any act in connection with the registration of designs, on behalf of any other person.

142   Right of lien of registered patent attorney and registered trade marks attorney

                   The regulations may provide that a registered patent attorney or a registered trade marks attorney has, in relation to documents and property of a client in a matter relating to designs, the same right of lien that a solicitor has in relation to the documents and property of a client.

143   Revocation of registration does not affect court decisions and things done under contracts before revocation

                   The revocation of the registration of a design does not affect the operation of a court decision made before the revocation, or things done under a contract before the revocation.

144   Filing of documents

                   A document may be filed:

                     (a)  by any means determined by the Registrar; or

                     (b)  by delivering the document to a sub-office of the Designs Office either personally or by post or by any other prescribed means.

145   Service of documents

                   Where this Act provides for a document to be served on, or given or sent to, a person and the person has given the Registrar an address in Australia for service of documents, the document may be served on, or given or sent to, the person by post to that address.

146   Death of applicant before application determined

                   If an applicant for registration or publication of a design dies before the application is determined, the person’s legal representative may proceed with the application.

147   Death of person after design registered

             (1)  This section applies if, at any time after a design is registered, the Registrar is satisfied that the registered owner had died (or, in the case of a body corporate, had ceased to exist) before the design was registered.

             (2)  The Registrar may amend the Register by substituting for the name of the registered owner the name of the person who should have been entered in the Register as the registered owner.

             (3)  An amendment by the Registrar under this section has effect, and is to be taken always to have had effect, accordingly.

148   Exercise of discretionary power by Registrar

                   The Registrar must not exercise a discretionary power under this Act adversely to a person without giving that person an opportunity to be heard.

149   Regulations

             (1)  The Governor-General may make regulations prescribing matters:

                     (a)  required or permitted to be prescribed; and

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act; and

                     (c)  necessary or convenient for the conduct of any business relating to the Designs Office.

             (2)  Without limiting subsection (1), that subsection includes the power to make regulations:

                     (a)  requiring persons to give statutory declarations in relation to applications under the Act or regulations, or in relation to proceedings under the Act (other than court proceedings); and

                     (b)  making provision for and in relation to 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

                     (c)  providing for the refund, in the whole or part of a fee paid under the Act; and

                     (d)  providing for the waiver, in whole or part, of a fee that would otherwise be payable under the Act; and

                     (e)  making provision for and in relation to the amendment of an entry in the Register to correct a clerical error or an obvious mistake, or for any other purpose; and

                      (f)  empowering the Registrar to require a person to inform the Registrar, within the period prescribed by the regulations, whether or not the person wishes to be heard for the purposes of a provision of the Act; and

                     (g)  empowering the Registrar to require a person who wishes to be heard for the purposes of a provision of the Act to appear on a day, and at a place and time, specified by the Registrar; and

                     (h)  providing for the contents of design applications in which one or more designs are disclosed, including, but not limited to, requirements as to common ownership of the designs; and

                      (i)  empowering the Registrar to direct an applicant for registration or publication of a design to do such things as are necessary to ensure that the application is in accordance with the requirements of the regulations for filing and:

                              (i)  providing for the lapsing of the application if such a direction is not complied with within the period specified in the regulations; and

                             (ii)  providing for the restoration of an application that has so lapsed; and

                      (j)  providing for appeals against decisions of the Registrar made under the regulations; and

                     (k)  making provision for and in relation to the practice and procedure of prescribed courts in proceedings under this Act, including provision prescribing the time within which any proceeding may be started or anything else may be done, and providing for the extension of any such time; and

                      (l)  making transitional or consequential provisions as necessary or convenient because of the repeal of the Designs Act 1906 and the enactment of this Act; and

                    (m)  provide for regulations under the Designs Act 1906 to continue to have effect (with any prescribed alterations) for specified purposes of this Act; and

                     (n)  providing for things to be done for the purposes of this Act or the regulations by means of electronic equipment or communication; and

                     (o)  empowering the Registrar to prepare, publish and sell such documents relating to designs as the Registrar thinks fit; and

                     (p)  making provision for and in relation to the destruction of documents.

             (3)  Despite the repeal of the Designs Act 1906 by this Act, regulations made under paragraph (2)(l) may provide for the continued operation of specified provisions of the Designs Act 1906 in relation to prescribed persons or matters, or in prescribed circumstances.


Chapter 12 Repeal, transitional and saving provisions