(1) Subject to
subregulation (3), the regulator must grant the registration if satisfied
about the matters referred to in subregulation (2).
(2) The regulator must
be satisfied about the following:
(a) the
application has been made in accordance with this Division;
(b) the
design is not registered under a corresponding WHS law;
(c) if
the applicant is an individual, the applicant—
(i)
resides in this State; or
(ii)
resides outside this State and satisfies the regulator
that circumstances exist that justify the grant of the registration;
(d) if
the applicant is a body corporate, the applicant's registered office—
(i)
is located in this State; or
(ii)
is located outside this State and the applicant has
satisfied the regulator that circumstances exist that justify the grant of the
registration;
(e) the
applicant is able to ensure compliance with any conditions that will apply to
the registration.
(3) The regulator must
refuse to grant a registration if satisfied that, in making the application,
the applicant has—
(a)
given information that is false or misleading in a material particular; or
(b)
failed to give any material information that should have been given.
(4) If the regulator
decides to grant the registration, it must notify the applicant within
14 days after making the decision.
(5) If the regulator
does not make a decision within 120 days after receiving the application
or the additional information requested under regulation 255, the
regulator is taken to have refused to grant the registration applied for.
Note—
A refusal to grant a registration (including under subregulation (5)) is
a reviewable decision (see regulation 676).