Commonwealth Consolidated Acts

DESIGNS ACT 2003 - SECT 43

  (1)   The Registrar must refuse to register a design if:

  (a)   the design is a design, or belongs to a class of designs, prescribed by the regulations for the purposes of this paragraph; or

  (b)   the Registrar must not register the design because of section   18 of the Olympic Insignia Protection Act 1987 ; or

  (c)   the design is in relation to a product that is:

  (i)   an integrated circuit within the meaning of the Circuit Layouts Act 1989 ; or

  (ii)   part of such an integrated circuit; or

  (iii)   a mask used to make such an integrated circuit; or

  (d)   the design is subject to an order under section   108.

  (2)   Subject to section   42, the Registrar must refuse to register a design disclosed in a design application in respect of which the Registrar has given a notification under section   41, if the applicant has not:

  (a)   amended the application; or

  (b)   responded in writing to the notification stating why the applicant considers that the application does not need to be amended;

in such a way that the Registrar is satisfied as mentioned in section   39 or 40 in relation to the design application.

  (3)   The Registrar must notify the applicant of a refusal under subsection   (1) or (2) and of the reasons for the refusal.