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Intellectual Property Laws Amendment Bill 2006

Schedule 12 Effect of office not being open for business

   

Designs Act 2003

1  Section 129 (after the paragraph relating to Part 4)

Insert:

Part 4A lets an act be done after the period otherwise provided for doing the act if that period ends on a day when the Designs Office or a sub-office is not open for business.

2  After Part 4 of Chapter 11

Insert:

Part 4A Doing act after end of period otherwise provided for doing it

   

136A   Doing act when Designs Office reopens after end of period otherwise provided for doing act

             (1)  If the last day of a period provided by this Act (except this section) or the regulations for doing an act is a day when the Designs Office, or a sub-office of the Designs Office, is not open for business, the act may be done in prescribed circumstances on the next day when the office or sub-office is open for business.

             (2)  For the purposes of this section, the Designs Office, or a sub-office of the Designs Office, is taken not to be open for business on a day:

                     (a)  declared by regulations to be a day on which the office or sub-office is not open for business; or

                     (b)  declared, by a prescribed person in writing published in the prescribed way, to be a day on which the office or sub-office is not open for business.

Declarations

             (3)  A declaration mentioned in paragraph (2)(a) or (b) may identify the day by reference to its being declared a public holiday by or under a law of a State or Territory. This does not limit the way the declaration may identify the day.

             (4)  A declaration mentioned in paragraph (2)(b):

                     (a)  may be made before, on or after the day; and

                     (b)  is not a legislative instrument.

Relationship with other law

             (5)  This section has effect despite the rest of this Act.

             (6)  Subsection 36(2) of the Acts Interpretation Act 1901 does not apply in relation to the act mentioned in subsection (1) of this section.

Exception for prescribed act

             (7)  This section does not apply to a prescribed act.

Note:          Subsection 36(2) of the Acts Interpretation Act 1901 is relevant to a prescribed act.

Olympic Insignia Protection Act 1987

3  At the end of Part 2.3

Add:

14A   Doing act when Designs Office reopens after end of period otherwise provided for doing act

             (1)  If the last day of a period provided by this Chapter (except this section), or regulations made for the purposes of this Chapter, for doing an act is a day when the Designs Office is not open for business, the act may be done in prescribed circumstances on the next day when the office is open for business.

             (2)  For the purposes of this section, the Designs Office is taken not to be open for business on a day:

                     (a)  declared by regulations to be a day on which the office is not open for business; or

                     (b)  declared, by a prescribed person in writing published in the prescribed way, to be a day on which the office is not open for business.

Declarations

             (3)  A declaration mentioned in paragraph (2)(a) or (b) may identify the day by reference to its being declared a public holiday by or under a law of a State or Territory. This does not limit the way the declaration may identify the day.

             (4)  A declaration mentioned in paragraph (2)(b):

                     (a)  may be made before, on or after the day; and

                     (b)  is not a legislative instrument.

Relationship with other law

             (5)  This section has effect despite the rest of this Chapter.

             (6)  Subsection 36(2) of the Acts Interpretation Act 1901 does not apply in relation to the act mentioned in subsection (1) of this section.

Exception for prescribed act

             (7)  This section does not apply to a prescribed act.

Note:          Subsection 36(2) of the Acts Interpretation Act 1901 is relevant to a prescribed act.

Patents Act 1990

4  After section 222

Insert:

222A   Doing act when Patent Office reopens after end of period otherwise provided for doing act

             (1)  If the last day of a period provided by this Act (except this section) for doing an act is a day when the Patent Office, or a sub-office of the Patent Office, is not open for business, the act may be done in prescribed circumstances on the next day when the office or sub-office is open for business.

             (2)  For the purposes of this section, the Patent Office, or a sub-office of the Patent Office, is taken not to be open for business on a day:

                     (a)  declared by regulations to be a day on which the office or sub-office is not open for business; or

                     (b)  declared, by a prescribed person in writing published in the prescribed way, to be a day on which the office or sub-office is not open for business.

Declarations

             (3)  A declaration mentioned in paragraph (2)(a) or (b) may identify the day by reference to its being declared a public holiday by or under a law of a State or Territory. This does not limit the way the declaration may identify the day.

             (4)  A declaration mentioned in paragraph (2)(b):

                     (a)  may be made before, on or after the day; and

                     (b)  is not a legislative instrument.

Relationship with other law

             (5)  This section has effect despite the rest of this Act.

             (6)  Subsection 36(2) of the Acts Interpretation Act 1901 does not apply in relation to the act mentioned in subsection (1) of this section.

Exception for prescribed act

             (7)  This section does not apply to a prescribed act.

Note:          Subsection 36(2) of the Acts Interpretation Act 1901 is relevant to a prescribed act.

Plant Breeder’s Rights Act 1994

5  Subsection 3(1)

Insert:

PBR office means place of work of the Registrar or a person who is engaged under the Public Service Act 1999 or otherwise for or on behalf of the Commonwealth and whose duties involve providing assistance to the Registrar.

6  Subsection 3(1)

Insert:

PBR sub-office means place of work in a single State of the Registrar or a person who is engaged under the Public Service Act 1999 or otherwise for or on behalf of the Commonwealth and whose duties involve providing assistance to the Registrar.

7  After section 76

Insert:

76A   Doing act when PBR office reopens after end of period otherwise provided for doing act

             (1)  If the last day of a period provided by this Act (except this section) or the regulations for doing an act is a day when the PBR office or a PBR sub-office is not open for business, the act may be done in prescribed circumstances on the next day when the office or sub-office is open for business.

             (2)  For the purposes of this section, the PBR office or a PBR sub-office is taken not to be open for business on a day:

                     (a)  declared by regulations to be a day on which the office or sub-office is not open for business; or

                     (b)  declared, by a prescribed person in writing published in the prescribed way, to be a day on which the office or sub-office is not open for business.

Declarations

             (3)  A declaration mentioned in paragraph (2)(a) or (b) may identify the day by reference to its being declared a public holiday by or under a law of a State or Territory. This does not limit the way the declaration may identify the day.

             (4)  A declaration mentioned in paragraph (2)(b):

                     (a)  may be made before, on or after the day; and

                     (b)  is not a legislative instrument.

Relationship with other law

             (5)  This section has effect despite the rest of this Act.

             (6)  Subsection 36(2) of the Acts Interpretation Act 1901 does not apply in relation to the act mentioned in subsection (1) of this section.

Exception for prescribed act

             (7)  This section does not apply to a prescribed act.

Note:          Subsection 36(2) of the Acts Interpretation Act 1901 is relevant to a prescribed act.

Trade Marks Act 1995

8  After section 223

Insert:

223A   Doing act when Trade Marks Office reopens after end of period otherwise provided for doing act

             (1)  If the last day of a period provided by this Act (except this section) for doing an act is a day when the Trade Marks Office, or a sub-office of the Trade Marks Office, is not open for business, the act may be done in prescribed circumstances on the next day when the office or sub-office is open for business.

             (2)  For the purposes of this section, the Trade Marks Office, or a sub-office of the Trade Marks Office, is taken not to be open for business on a day:

                     (a)  declared by regulations to be a day on which the office or sub-office is not open for business; or

                     (b)  declared, by a prescribed person in writing published in the prescribed way, to be a day on which the office or sub-office is not open for business.

Declarations

             (3)  A declaration mentioned in paragraph (2)(a) or (b) may identify the day by reference to its being declared a public holiday by or under a law of a State or Territory. This does not limit the way the declaration may identify the day.

             (4)  A declaration mentioned in paragraph (2)(b):

                     (a)  may be made before, on or after the day; and

                     (b)  is not a legislative instrument.

Relationship with other law

             (5)  This section has effect despite the rest of this Act.

             (6)  Subsection 36(2) of the Acts Interpretation Act 1901 does not apply in relation to the act mentioned in subsection (1) of this section.

Exception for prescribed act

             (7)  This section does not apply to a prescribed act.

Note:          Subsection 36(2) of the Acts Interpretation Act 1901 is relevant to a prescribed act.