Commonwealth Numbered Acts Commonwealth Numbered Acts
1 Section 20
Omit "or publication".
2 Paragraph 23(1)(d)
Omit ", or published under section 57".
3 Subsection 23(3)
Omit "or publication".
4 Paragraph 24(1)(c)
Omit "or publication".
5 At the end of paragraph 24(1)(c)
Add "and state the effect of subsections 35(4) and (5)".
6 Subsection 32(4)
Omit "or publication".
7 Subsection 33(1)
Repeal the subsection, substitute:
(1) A design application lapses if the Registrar has given the applicant a notification under section 41 in respect of the application, and the applicant has not, within the period prescribed by the regulations:
(a) requested that the application be amended; or
(b) responded in writing to the notification as mentioned in subparagraph 41(c)(ii);
in such a way that the Registrar is satisfied that the application meets the applicable requirements of Chapter 4.
8 Subsection 33(3)
Repeal the subsection.
9 Chapter 4 (heading)
Repeal the heading, substitute:
Chapter 4 -- Registration of designs
10 Section 34
Part 2 permits an applicant to request registration or publication of all or any of the designs disclosed in a design application.
substitute:
Part 2 permits an applicant to request registration of all or any of the designs disclosed in a design application. If the applicant does not request registration of a design within a period prescribed by the regulations, the applicant is taken to have made the request.
11 Section 34
Omit "or publish".
12 Section 34
Omit "or 4".
13 Part 2 of Chapter 4 (heading)
Repeal the heading, substitute:
Part 2 -- Requests for registration
14 Section 35 (heading)
Repeal the heading, substitute:
15 Before subsection 35(1)
Insert:
Actual requests for registration
16 Subsection 35(1)
Omit "or publication".
17 Paragraph 35(2)(b)
Omit "(but see sections 37 and 38)".
18 At the end of section 35
Add:
Deemed requests for registration
(4) If:
(a) one design is disclosed in a design application; and
(b) at the end of the period applicable under paragraph (2)(b):
(i) the applicant has not made a request in relation to the design in accordance with subsections (1) to (3); and
(ii) the applicant has not withdrawn the application in accordance with section 32;
then the applicant is taken to have requested that the design be registered.
(5) If:
(a) more than one design is disclosed in a design application; and
(b) for a design (the subject design ) disclosed in the application, at the end of the period applicable under paragraph (2)(b) in relation to the subject design:
(i) the applicant has not made a request in relation to the subject design in accordance with subsections (1) to (3); and
(ii) the subject design has not been excluded from the application by an amendment under section 28; and
(iii) the applicant has not withdrawn the application in accordance with section 32; and
(iv) the applicant has not withdrawn the subject design from the application in accordance with section 32;
then the applicant is taken to have requested that the subject design be registered.
Note: Subsection (5) applies separately in relation to each design that is disclosed in the design application.
Relationship with section 36
(6) This section is subject to section 36.
19 Sections 36 to 38
Repeal the sections, substitute:
36 Request in respect of designs excluded from an application in respect of more than one design
A person who files a design application (the later application ) in respect of designs excluded from an initial application is taken, at the time the later application is filed, to have requested registration of all the designs disclosed in the later application.
20 At the end of paragraph 39(1)(b)
Add "(including a request taken to have been made under subsection 35(4))".
21 At the end of paragraph 40(1)(b)
Add "(including a request taken to have been made under subsection 35(5))".
22 Paragraph 41(c)
Omit "paragraph 33(1)(b)", substitute "subsection 33(1)".
23 Part 4 of Chapter 4
Repeal the Part.
24 Subsection 60(1)
Omit "or published".
25 Paragraphs 60(1)(d) and (e)
Omit "or publication".
26 Subparagraph 60(4)(b)(iii)
Omit "was neither registered nor published", substitute "have not been registered".
27 Subsection 60(4)
Omit "were not registered or published", substitute "have not been registered".
28 Subsection 61(3)
Omit "or publication".
29 Subsection 108(3)
Omit "or published".
30 Paragraph 108(4)(b)
Omit "or published".
31 Subsection 108(4)
Omit "or published" (last occurring).
32 Paragraph 136(1)(e)
Repeal the paragraph.
33 Subsection 137(7) (paragraph (b) of the definition of relevant act )
Omit "or publication".
34 Section 146
Omit "or publication".
35 Paragraph 149(2)(i)
Omit "or publication".
36 Application provisions
(1) The amendments of section 23 of the Designs Act 2003 made by this Schedule apply in relation to initial applications filed under section 21 of that Act on or after the commencement of this item.
(2) The amendments of sections 24, 32, 33, 35, 39, 40, 41, 60, 61, 108, 136, 137 and 146 of the Designs Act 2003 , the repeal of sections 36 to 38 and of Part 4 of Chapter 4 of that Act and the substitution of section 36 of that Act made by this Schedule apply in relation to design applications filed under section 21 of that Act on or after the commencement of this item.