Commonwealth Consolidated Acts

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TRADE MARKS ACT 1995 - SECT 178

Variation of rules

  (1)   Subject to subsection   (2), the rules governing the use of a registered certification trade mark may be varied in accordance with the regulations.

  (2)   The rules may not be varied without the approval of the Commission.

  (3)   Before deciding to approve a variation, the Commission must be satisfied that the rules as varied:

  (a)   would not be to the detriment of the public; and

  (b)   are satisfactory having regard to the criteria prescribed for the purposes of paragraph   175(2)(b).

  (4)   The Commission must notify, in accordance with the regulations, a decision to approve a variation or not to approve a variation.

  (5)   An application may be made to the Administrative Review Tribunal for the review of a decision of the Commission to approve or not to approve a variation of the rules.



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