Commonwealth Numbered Regulations - Explanatory Statements

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DESIGN REGULATIONS (AMENDMENT) 1997 NO. 344

STATUTORY RULES 1997 No. 344

Issued by the Authority of the Minister for Industry, Science and Tourism

Designs Act 1906

Design Regulations (Amendment)

The Statutory Rules amend the Design Regulations (the Regulations) to.

*       amend the fees payable as set out in Schedule 2 to the Regulations to reflect the revised fees to be charged by the Australian Industrial Property Organisation (AIPO) from 1 January 1999; and

*       update the list of Convention countries in Schedule 2A to the Regulations declared by virtue of subregulation 7A(1) of the Regulations for the purposes of subsection 48(1) of the Act.

Details of the amendments made by these Statutory Rules are as follows:

Regulation 1 sets 1 January 1998 as the commencement date for regulation 3, Regulations 1, 2 and 4 commenced on gazettal.

Regulation 2 identifies the Designs Regulations as those amended.

Regulation 3 substitutes Schedule 2 to the Regulations with a revised schedule which:

*       reduces the level of fees payable for:

       - supply of a certificate by the Registrar from $80 to $15.

       - supply of a duplicate certificate for registration from $90 to $65.

*       deletes fees payable for:

- lodging a request under subsection 20B(1) of the Act;

- lodging a request that a legal personal representative be registered as owner of a design under subsection 22A(1) of the Act;

- lodging a request for amendment of the register under subsection 22A(2) of the Act;

- lodging a request under subsection 37(1) or paragraph 37(1B)(a) of the Act;

- lodging an application under subsection 38, 38AA or 38A of the Act;

Regulation 4 substitutes Schedule 2A to the Regulations with a revised schedule which:

*       inserts Angola, Antigua and Barbuda, Bahrain, Belize, Botswana, Brunei Darussalam, Djibouti, Dominica, Ecuador, Equatorial Guinea, Fiji, Grenada, Guatemala, Hong Kong China, India, Jamaica, Kuwait, Macau, Maldives, Mozambique, Myanmar, Namibia, Pakistan, Papua New Guinea, Qatar, Sierra Leone, Solomon Islands, Tanzania, Thailand. The effect is that, under subregulation 7A(1) of the Regulations, each of these countries is declared to be a "Convention country" for the purposes of subsection 48(1) of the Act;

*       deletes the reference to Hong Kong from the United Kingdom entry, and

*       deletes the reference to Zaire as this country has become the Democratic Republic of the Congo.