Commonwealth Consolidated Acts

DESIGNS ACT 2003 - SECT 23

  (1)   If:

  (a)   one or more designs are disclosed in a design application (the initial application ); and

  (b)   after the initial application is filed, it is amended under section   28 to exclude one or more of those designs (the excluded designs ); and

  (c)   the initial application has not lapsed or been withdrawn; and

  (d)   none of the designs in the initial application has been registered;

the applicant may file a design application under section   21 in respect of one or more of the excluded designs.

  (2)   An application in respect of one or more excluded designs must be filed within the period prescribed by the regulations.

  (3)   To avoid doubt, an application in respect of one or more excluded designs must not include a design that has been withdrawn under subsection   32(2) from the initial application or refused registration.