Commonwealth Numbered Regulations Commonwealth Numbered Regulations
[1] Subregulation 12.1 (2)
omit
prescribed court to which the application is made:
insert
Federal Court:
[2] After subregulation 12.1 (2)
insert
(2A) For subparagraph (2) (a) (ii), the address for service must be an address that is mentioned in Rules made by the Federal Court for the service of the application, as in force from time to time.
Note In a transitional period after this subregulation commences, there may be different Rules made by the Federal Court to deal with suitable addresses for service in particular circumstances.
[3] After subregulation 12.1 (3)
insert
(4) For subregulation (3), the applicant must serve the copy in accordance with Rules made by the Federal Court for the service of the application and declaration, as in force from time to time.
Note In a transitional period after this subregulation commences, there may be different Rules made by the Federal Court to deal with service in particular circumstances.
[4] Subregulation 12.2 (2)
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A prescribed court
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The Federal Court
[5] Subregulations 22.10 (1) and (2)
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(1) If provision is made in an approved form to state an address for service, the person completing the form must state:
(a) an address in Australia at which a document under the Act or these Regulations may be given to him or her personally or to the person specified in the form as his or her representative; or
(b) another address in Australia to which it is practicable and reasonable for Australia Post, or a person acting on behalf of Australia Post, to deliver mail.
(2) A person may file notice of a change of his or her address for service to another address that complies with paragraph (1) (a) or (b).
[6] Subregulation 22.10AB (2)
substitute
(2) For paragraph 222A (2) (b) of the Act, the table sets out prescribed persons.
|
Item |
Person |
|
1 |
The Director General of IP Australia |
|
2 |
The Deputy Director General of IP Australia |
|
3 |
Another person who: (a) is an SES employee of IP Australia; and (b) acts with the agreement of the Director General of IP Australia |
|
4 |
Another person who: (a) is an SES employee of IP Australia; and (b) acts with the agreement of the Deputy Director General of IP Australia |
|
5 |
Another person who: (a) is an SES employee of IP Australia; and (b) acts with the agreement of another SES employee of IP Australia |
Note SES employee is explained in section 34 of the Public Service Act 1999 . That meaning is applied generally to Commonwealth legislation by section 17AA of the Acts Interpretation Act 1901 .
[7] Regulation 22.2EA
substitute and locate after regulation 22.2E
22.2EA Failure to pay: fee for grant of leave to amend specification (person invited to pay)
(1) This regulation applies if:
(a) a fee mentioned in item 222A of Schedule 7 relating to a grant of leave to amend a complete specification is not paid when it is payable; and
(b) within 1 month after the fee first becomes payable, the Commissioner invites the person by whom the fee is payable to pay the fee within 2 months after the date on which notice of the grant of leave is published under subregulation 10.5 (2); and
(c) the fee is not paid within that period of 2 months.
(2) The request for leave to amend the complete specification is taken not to have been filed.
[8] Schedule 3, paragraph 4 (2) (b)
substitute
(b) must show the drawings entirely within that margin and within an area of the sheet measuring 26.2 cm x 17.0 cm (the useable surface ); and
(c) must not contain a frame surrounding the drawings or the useable surface.
[9] Schedule 3, clause 6
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[10] Schedule 3, subclause 7 (3)
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or double spaced