WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/N/lI AUS/D/l 
31 July 1996 
(96-3050) 
Original: English/ 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Australia 
The present document reproduces the Designs Act 1906 (Reprinted as at 31 August 1994)1, 
as notified by Australia under Article 63.2 of the Agreement (see document IP/N/1/AUS/1/Rev.l). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES 
A LA PROPRIETE INTELLECTUELLE NOTIFIEES 
AU TITRE DE L'ARTICLE 63:2 DE L'ACCORD 
Australie 
Le present document contient le texte de la Loi de 1906 sur les dessins et modeles (reimpression 
du 31 aout 1994)1, notifiee par l'Australie au titre de l'article 63:2 de l'Accord (voir le document 
IP/N/1/AUS/1/Rev.l). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTicULO 63 DEL ACUERDO 
Australia 
En el presente documento se reproduce la Ley de Dibujos y Modelos de 1906 (reimpresion 
del 31 de agosto de 1994)1, que Australia ha notificado en virtud del parrafo 2 del articulo 63 del 
Acuerdo (vease el documento IP/N/1/AUS/1/Rev.l). 
lEnglish only/anglais seulement/ingles solamente. II?/N/1/ AUS/DIl 
Page 2 
JIft 
-!t, .. A J!§3.T~~~~~/~ -~ 
DESIGNS ACT 1906 
Reprinted as at 31 August 1994 
TABLE OF PROVISIONS 
Section 
PART I-INTRODUCTORY 
1 . Short title 
2. Commencement 
4. Interpretation 
5. References to prescribed court 
5A. Crown to be bound 
58. Application of Act 
6. No new registrations under State Acts 
7. Certain registrations not to be renewed 
PART II-ADMINISTRATION 
B. Registrar and other officers 
BA. Delegation by Registrar 
9. Designs Office 
10. Seal of Designs Office 
11. False representations about the Designs Office REPRINT No. 4 
PART IV-REGISTRATION OF DESIGNS 
17. New or original design may be registered 
17 A. Certain designs not to be treated as other than new or original etc. 
1B. Design may include functional features or be of indefinite dimension 
19. Owner of unregistered design 
20. Application for registration 
20A. Withdrawal of application 
208. Persons claiming under assignment etc. 
21. Priority date 
22. Registered design not to be invalid by reason of certain circumstances 
22A. Death of applicant 
228. Amendment of application etc. 
22C. Division of application after amendment 
23. Registrar may register design 
24. Registrar may refuse to register design 
25. Monopoly in design 
(P.R.A. 98194)-Cat. No. 94 0403 7 ii Designs 'Act 1906 IP/N/lIAUS/D/l 
Page 3 
TABLE OF PROVISIONS-continued 
Section 
25A. 
258. 
25C. 
250. Co-ownership of registered design 
Power of Registrar to give directions to co-owners 
Rights of registered owner to be personal property etc. 
Subsequent registration of design in respect of other articles 
Certificate of registration of design 26. 
27. 
27A. 
278. 
28. Registered designs open to public inspection 
Period during which registration is in force 
Extensions of time 
Applications to prescribed court 
PART V...:..INFRINGEMENT OF MONOPOLY IN DESIGNS 
Division 1-lnfringement 
30. Infringement of monopoly in designs 
31 . Infringement actions 
32. Defendant may counter-claim for rectification of register 
32A. Intervention by Registrar in infringement action 
328. Remedies for infringement of monopoly in designs 
Division 2-Unjustified threats of infringement proceedings 
32C. Application for relief from unjustified threats 
320. Court's power to grant relief 
32E. Counter-claim for infringement 
32F. Notification of registration not a threat 
32G. Liability of legal practitioner or patent attorney 
33. 
34. 
35. 
36. 
37. 
38. 
38AA. 
38A. 
38S. 
39. PART VI-THE REGISTER OF DESIGNS 
Register of Designs 
Trusts not to be noticed 
Inspection of register 
False entries in register 
Correction of register 
Registration of assignments, transmissions etc. 
Registration of legal personal representatives 
Registration of mortgages licences etc. 
Unregistered instruments not to be admitted in evidence 
Rectification of register 
PART VIA-THE CROWN 
40. Interpretation 
40A. Use of designs for services of the Commonwealth or a State 
408. Declaration may be sought as to use of registered design 
40C. Forfeited articles 
400. Acquisition of designs by the Commonwealth 
4OE. Assignment of design to Commonwealth 
40F. Prohibition of publication of information with respect to designs 
PART VIS-JURISDICTION AND POWERS OF COURTS 
4OG. Jurisdiction of prescribed courts 
4OH. Transfer of proceedings 
401. Appeals 
40J. Powers of prescribed courts 
PART Vie-APPLICATIONS FOR REVIEW OF CERTAIN DECISIONS BY 
ADMINISTRATIVE APPEALS TRIBUNAL 
40K. Review by Administrative Appeals Tribunal lP/NIl! AUS/DIl 
Page 4 
Designs Act 1906 iii 
Section TABLE OF PROVISIONS -continued 
PART VII-MISCELLANEOUS 
41. Regulations 
42. Fees 
42A. Powers of Registrar 
428. Disobedience to summons an offence 
42C. Refusal to give evidence an offence 
420. Recovery of costs 
43. Applications and documents by post 
44. Registrar may recognize agents 
45. False representation that a design is registered 
45A. Conduct by directors, servants and agents 
46. Exercise of discretionary power by Registrar 
46A. Objection to validity of design not to be taken in certain circumstances 
468. Notice of appeal to prescribed court to be given to Registrar etc. 
47. Exhibiting of designs at official or international exhibitions 
48. Convention countries 
49. Applications under International Conventions 
50. Withdrawn application not to be used as basic application in certain 
circumstances DESIGNS ACT 1906 
An Act relating to designs 
PARTI-~ODUCTORY 
Short title IPINIl! AUS/D/l 
Page 5 
1. This Act may be cited as the Designs Act 1906.1 
Commencement 
2. This Act shall commence on a day to be fixed by Proclamation.1 
Interpretation 
4. (1) In this Act, unless the contrary intention appears: 
"article" means any article of manufacture and includes a part of such 
an article if made separately, but does not include an integrated 
circuit, or part of an integrated circuit, within the meaning of the 
Circuit Layouts Act 1989, or a mask used to make such a circuit; 
"artistic work" has the same meaning as in the Copyright Act 1968; 
"Australia" includes each external Territory; 
"Australian continental shelf" means the continental shelf, within the 
meaning of the Seas and Submerged Lands Act 1973, adjacent to the 
coast of Australia (including the coast of any island forming part of a 
State or Territory); 
"Convention country" means a country in respect of which there is in 
force for the time being a Regulation under section 48 declaring that 
country to be a Convention country for the purposes of this Act; 
"corresponding design" has the same meaning as in Division 8 of Part 
III of the Copyright Act 1968; IPIN/II AUS/D/I 
Rage 6 
s.4 Designs Act 1906 
"Deputy Registrar" means a Deputy Registrar of Designs holding 
office under this Act; 
"design" means features of shape, configuration, pattern or ornamenta­
tion applicable to an article, being features that, in the finished article, 
can be judged by the eye, but does not include a method or principle 
of construction; 
"Designs Office" means the Designs Office established by this Act; 
"Federal Court" means the Federal Court of Australia; 
"infringement proceedings" means an action or proceedings for the 
infringement of the monopoly in a registered design; 
"legal personal representative", in relation to a deceased person, 
means a person to whom probate of the will of the deceased person, 
letters of administration of the estate of the deceased person or other 
like grant has been granted, whether in Australia or elsewhere, but 
does not include such a person who, by reason of the terms of the 
grant, is not entitled to do an act in relation to which the expression is 
used; 
"monopoly", in relation to a registered design, means the exclusive 
right to apply the design to an article in respect of which the design is 
so registered; 
"Official Journal" has the same meaning as in the Patents Act 1990; 
"owner" means: 
(a) in relation to a design that is not a registered design-a person 
who is the owner of the design in accordance with section 19 
or, if there are 2 or more persons who have an interest in the 
design in accordance with that section, each of those persons; 
or 
(b) in relation to a registered design -the person who is registered 
as the owner of the registered design or, if there are 2 or more 
such persons, each of those persons; 
"prescribed court" means the Federal Court, the Supreme Court of a 
State, the Supreme Court of the Australian Capital Territory, the 
Supreme Court of the Northern Territory of Australia or the Supreme 
Court of Norfolk Island; 
"register" means the Register of Designs under this Act; 
"registered" means registered under this Act; 
"registered design" means a design registered under this Act; 
"Registrar" means the Registrar of Designs holding office under this 
Act; 
"representation", in relation to an article to which a design is applied, 
means a drawing, tracing or specimen of the article to which the design 
is applied or a photograph of such a drawing, tracing or specimen; Designs Act 1906 IPINIl! AUS/D/l 
Page 7 
s.5 
"set of articles" means a number of articles that are of the same 
general character and ordinarily on sale, or intended to be used, 
together, being articles to each of which there is applied a design that 
is the same as, or that differs only in immaterial details or in features 
commonly used in the relevant trade from, the design applied to the 
other articles or to any of them; 
"State", in Part VIA, includes the Australian Capital Territory, the 
Northern Territory and Norfolk Island; 
"State Designs Act" means any State Act relating to the registration of 
designs; 
"statement of monopoly", in relation to a design, means a statement 
relating to the representations of an article to which the design is 
applied that indicates: 
(a) those features of the representations in respect of which the 
applicant for registration of the design wishes to claim a 
monopoly; and 
(b) . those features of the representations that are to be disregarded 
in considering the extent of the monopoly protection; 
"statement of novelty", in relation to, a design, means a statement 
relating to the representations of an article to which the design is 
applied that indicates those features of the representations in respect 
of which novelty or originality is claimed; 
"Territory" means a Territory in which this Act applies or to which 
this Act extends. 
(2) A reference in this Act to an article shall be read as including 
a reference to: 
(a) a set of articles; 
(b) each article in a set of articles; or 
( c) both a set of articles and each article in that set; 
as the case requires. 
References to prescribed court 
5. A reference in this Act to a prescribed court shall: 
(a) in relation to the institution of an appe3:l or other proceeding, 
be read as a reference to a prescribed court having jurisdiction 
with respect to matters arising under this Act in respect of 
which the appeal or other proceeding is instituted; and 
(b) in relation to the exercise of jurisdiction, be read as a refer­
ence to a prescribed court exercising jurisdiction in accordance 
with section 40G. IP/N/lIAUS/D/l 
Page 8 
s. SA 
Crown to be bound Designs Act 1906 
SA. (1) This Act binds the Crown in right of the Commonwealth, 
of each of the States, of the Australian Capital Territory, of the 
Northern Territory and of Norfolk Island. 
(2) Nothing in this Act makes the Crown liable to be prosecuted 
for an offence. 
Application of Act 
SB. (1) This Act extends to each of the following: 
(a) each external Territory; 
(b) the Australian continental shelf; 
(c) the waters above the Australian continental shelf; 
(d) the airspace above Australia, each external Territory and the 
Australian continental shelf. 
(2) An application for registration of a design is not receivable 
under a law (other than this Act) in force in Norfolk Island. 
No new registrations under State Acts 
6. After the commencement of this Act, an application for the 
registration of a design shall not be receivable under any State Designs 
Act. 
Certain registrations not to be renewed 
7. In spite of any other provision of this Act, where before the 
commencement of Part IT of the Circuit Layouts Act 1989 a design 
applicable to an integrated circuit, or part of an integrated circuit, 
within the meaning of that Act, or a design applicable to a mask used 
to make such a circuit, was registered under this Act, that registration 
shall not be renewed at any time on or after that commencement. 
PART IT-ADMINISTRATION 
Registrar and other officers 
8. (1) There is to be a Registrar of Designs 
(lA) The Registrar has such powers and functions as are conferred 
on him or her under this Act or any other Act. 
(2) Until the Governor-General otherwise determines, the Com­
missioner of Patents shall be the Registrar of Designs. 
(3) There is to be at least one Deputy Registrar of Designs. Designs Act 1906 IP/N/l! AUS/D/I 
Page 9 
s. SA 
(4) Subject to any direction by the Registrar, a Deputy Registrar 
has all the powers and functions of the Registrar under this Act or any 
other Act, except the Registrar's powers of delegation under section 
BA. 
(5) A power or function conferred or imposed on the Registrar by 
this Act or any other Act, when exercised or performed by a Deputy 
Registrar, shall, for all purposes, be deemed to have been exercised or 
performed by the Registrar. 
(SA) The exercise of a power, or the performance of a function, of 
the Registrar under this Act or any other Act by a Deputy Registrar 
does not prevent the exercise of the power, or the performance of the 
function, by the Registrar. 
(SB) Where, under this Act or any other Act, the exercise of a 
power or function by the Registrar, or the operation of a 'provision of 
this Act or any other Act, depends on the opinion, belief or state of 
mind of the Registrar in relation to a matter: 
(a) that power or function may be exercised by a Deputy Registrar 
upon the opinion, belief or state of mind of the Deputy 
Registrar in relation to that matter; and 
(b) that provision may operate upon the opinion, belief or state of 
mind of a Deputy Registrar in relation to that matter. 
Delegation by Registrar 
SA. (1) The Registrar may, by writing, delegate all or any of the 
Registrar's powers under this Act or any other Act to: 
(a) a prescribed person, or a prescribed class of persons, holding 
or performing the duties of an Australian Public Service office 
in the Designs Office; or 
(b) a prescribed employee, or a prescribed class of employees, 
employed in the Designs Office. 
(2) In this section: 
"employee" has the same meaning as in the Public Service Act 1922. 
Designs Office 
9. For the purposes of this Act, an office shall be established 
which shall be called the Designs Office, and a sub-office shall be 
established in every State other than the State in which the Designs 
Office is established. 
Seal of Designs Office 
10. There shall be a seal of the Designs Office, and impressions 
thereof shall be judicially noticed. IP1N/l! AUS/D/l 
Page 10 
Designs Act 1906 
s.11 
False representations about the Designs Office 
11. (1) A person must not use, in connection with his or her 
business, words that would reasonably lead to the belief that his or her 
office is, or is officially connected with, the Designs Office. 
Penalty: $3,000. 
(2) Without limiting subsection (1), a person who: 
(a) places, or allows to be placed, on the building in which his or 
her office is situated; or 
(b) uses when advertising his or her office or business; or 
(c) places on a document, as a description of his or her office or 
business; 
the words "Office for registering designs", or words of similar import, 
whether alone or together with other words, is guilty of an offence 
against that subsection. 
PART IV-REGISTRATION OF DESIGNS 
New or original design may be registered 
17. (1) Subject to this Act, a design shall not be registered unless 
it is a new or original design and, in particular, shall not be registered 
in respect of an article if the design: 
(a) differs only in immaterial details or in features commonly used 
in the relevant trade from a design that, before the priority 
date in respect of the application for registration, was regis­
tered, published or used in Australia in respect of the same 
article; or 
(b) is an obvious adaptation of a design that, before the priority 
date in respect of the application for registration, was regis­
tered, published or used in Australia in respect of any other 
article. 
(lA) For the purposes of subsection (1), account shall not be 
taken of any secret use. 
(2) The regulations may make provision for the exclusion from 
registration under this Act of designs for such articles, being articles 
that are primarily literary or artistic in character, as are specified in 
the regulations. 
Certain designs not to be treated as other than new or original etc. 
17 A. (1) Where: 
(a) copyright under the Copyright Act 1968 subsists in an artistic 
work; and Designs Act 1906 IP/N/l! AUS/D/l 
Page 11 
s.18 
(b) an application is made by, or with the consent of, the owner of 
that copyright for the registration of a corresponding design; 
that design shall not be treated for the purposes of this Act as being 
other than new or original, or as having been published, by reason 
only of any use previously made of the artistic work unless: 
(c) the previous use consisted of or included the sale, letting for 
hire or offering or exposing for sale or hire of articles to which 
the design had been applied industrially, other than articles 
specified in regulations made for the purposes of subsection 17 
(2); and 
(d) the previous use was made by, or with the consent of, the 
owner of the copyright in the artistic work. 
(2) Any regulations in force under the Cqpyright Act 1968 that 
make provision for determining the circumstances in which a design is, 
for the purposes of section 77 of that Act, to be deemed to be applied 
industrially have effect for the purposes of subsection (1). 
Design may include functional features or be of indefinite dimension 
18. (1) An application for registration of a design shall not be 
refused, and a registered design is not invalid, by reason only that the 
design consists of, or includes, features of shape or configuration that 
serve, or serve only, a functional purpose. 
(2) An application for registration of a design must not be refused, 
and a registered design is not invalid, by reason only that an article or 
a part of an article is of indefinite extent in one or 2 dimensions. 
(3) If, on or after 30 July 1991 but before this Act receives the 
Royal Assent, a person availed himself or herself (or took definite 
steps, by way of contract or otherwise, to avail himself or herself) of a 
registered design in the belief that because of a decision referred to in 
subsection (4) the registration of the design was invalid, such provi­
sions as are prescribed have effect for the protection or compensation 
of that person. 
(4) For the purposes of subsection (3), the decisions referred to in 
this subsection are: 
(a) the decision of the Full Court of the Federal Court in Bondor 
Pty Ltd and Others v National Panels Pty Ltd 102 ALR 65; and 
(b) the decision of the Federal Court in Brisbane Aluminium 
Fabricators and Supplies Pty Ltd v Techni Interiors Pty Ltd 23 
IPR 107. IPINIl! AUS/D/1 
Page 12 
Designs Act 1906 
s.19 
Owner of unregistered design 
19. (1) Subject to this section, the author of a design is the owner 
of the design. 
(2) Where, in accordance with an agreement for valuable consider­
ation entered into by a person with another person, the other person 
or an employee of the other person acting in the course of his 
employment makes a design for the first-mentioned person, the first­
mentioned person is the owner of the design. 
(3) Subject to subsection (2), where a design is made by a person 
in the course of his employment with an employer, the employer is the 
owner of the design. 
(4) The owner of a design or the assignee of any interest in a 
design may, by instrument in writing signed by. him or on .his behalf, 
assign to another person the whole or any part of his interest in the 
design. 
(5) In this section, "design" does not include a registered design. 
Application for registration 
20. (1) The owner of a design is entitled to make application for 
the registration of the design. 
(2) Where 2 or more persons own interests in a design, all of the 
persons owning such interests, acting jointly, are entitled to make 
application for the registration of the design. 
(3) An application for registration of a design: 
(a) shall be in accordance with a prescribed form; 
(b) shall be accompanied, as prescribed, by the prescribed number 
of representations of an article to which the design is applied; 
and 
(c) shall be lodged by being left at, or delivered by post to, the 
Designs Office or a sub-office. 
(4) An application under subsection (3) may be accompanied by a 
statement of monopoly in respect of the design to which the applica­
tion relates. 
(5) Upon lodgment of an application under subsection (3): 
(a) the Registrar may request the applicant to furnish a statement 
of novelty in respect of the design to which the application 
relates; and Designs Act 1906 IP/NIlIAUS/DI 1 
Page 13 
s.20A 
(b) if the application was not accompanied by a statement of 
monopoly in respect of the design to which the application 
relates and the Registrar considers it 'appropriate that such a 
statement be furnished-the Registrar may request the ap­
plicant to furnish such a statement. 
(6) Where the owner of a design wishes to register the design in 
respect of more than one article, the owner shall make a separate 
application for registration of the design in respect of each article. 
(7) For the purposes of subsection (6), a set of articles shall be 
deemed to be one article. 
Withdrawal of application 
20A. (1) An application for the registration of a design is to be 
treated as having been withdrawn if, and only if, the applicant lodges 
at the Designs Office a written notice of withdrawal signed by the 
applicant. 
(2) A written notice of withdrawal may be lodged at the Designs 
Office by leaving it at, or delivering it by post to, the Designs Office or 
a sub-office. 
Persons claiming under assignment etc. 
20B. (1) Where, before a design is registered on an application for 
registration, a person would, if the design were then registered, be 
entitled under an assign~ent or agreement, or by operation of law, to: 
(a) the registered design or an interest in it; or 
(b) an undivided share in the registered design or in such an 
interest; 
the Registrar may, on a request made by the person in accordance 
with the regulations, direct that the application proceed in the name of 
the person, or in the name of the person and the applicant or the 
other joint applicant or applicants, as the case requires. 
(2) Where the Registrar gives a direction: 
(a) the person is to be taken to be the applicant or a joint 
applicant, as the case requires; and 
(b) the application for registration is to be taken to have been 
amended so that the person becomes the applicant, or a joint 
applicant, as the case requires. IPllWl/AUS/D/l 
Pa&e14 
Designs Act 1906 
s.21 
Priority date 
21. (1) There shall be a priority date in respect of an application 
for the registration of a design. 
(2) Subject to this Act, the priority date in respect of an applica­
tion for registration of a design is the date on which the application 
was lodged under this Act. 
Registered design not to be invalid by reason of certain circumstances 
22. A registered design is not invalid by reason only of: 
(a) the publication or use of the design in Australia on or after 
the priority date in respect of the application for registration 
of the design; or 
(b) the registration of another design the application i.~ respect of 
which has the same or a later priority date. 
Death of applicant 
22A. (1) If an applicant for the registration of a design dies before 
the design is registered, his legal personal representative may be 
registered as the owner of the design. 
(2) Wh~re, at any time after a design has been registered on an 
application, the Registrar is satisfied that the applicant had died or, in 
the case of a body corporate, had ceased to exist, before the design was 
registered, the Registrar may amend the re~evant entry in the register 
by substituting for the name of the applicant the name of the person 
who ought to have been registered as the owner of the design. 
(3) Where the Registrar has amended an entry in the register 
under subsection (2), the registration has effect, and shall be deemed 
always to have had effect, accordingly. 
Amendment of application etc. 
22B. (1) The Registrar may, on request made to him in the 
prescribed manner, amend an application for registration of a design 
lodged under this Act. 
(lA) An amendment under subsection (1) shall not be made if, as 
a result of the amendment, the scope of the application for registration 
would be increased by the inclusion of matter that was not in sub­
stance disclosed in the application for registration as lodged. 
(2) An appeal lies to the Federal Court from a refusal by the 
Registrar to amend an application under subsection (1). 
(3) In this section: Designs Act 1906 IP/N/l! AUS/D/l 
Page 15 
s.22C 
"amend", in relation to a representation of an article to which a design 
is applied, includes the substitution of one representation for another 
representation; 
"application for registration of a design" includes the representations 
of the article to which the design concerned is applied and any 
statement of monopoly or statement of novelty in respect of the design. 
Division of application after amendment 
22C. (1) Where: 
(a) an amendment of an application for registration of a design 
has been made under section 22B; and 
(b) the amendment has the effect of excluding a design or designs 
from the application; 
the applicant may, at any time before the registration, or'the refusal of 
the registration, on that application, of a design, make a further 
application (in this section referred to as a "divisional application") 
for registration of the design, or each design, so excluded. 
(2) For the purposes of this Act, a divisional application for 
registration of a design shall be deemed to have been lodged under 
this Act on the date on which the original application for registration 
of the design was so lodged and the priority date in respect of such a 
divisional application is the priority date in respect of the original 
application. 
Registrar may register design 
23. (1) The Registrar shall consider the application, and if he is 
satisfied that the design is a design which may be registered under this 
Act, and that the applicant is, or the applicants are, entitled to make 
the application, he may, subject to this Act, register the design. 
(2) F or the purpose of deciding whether the design is new or 
original, the Registrar may cause such searches to be made as he 
thinks fit. 
(3) The registration of a design shall be a registration in respect of 
the article specified in the application. 
Registrar may refuse to register design 
24. (1) Subject to subsection (2), the Registrar may refuse to 
register a design, either generally or in respect of the article specified 
in the application for registration. 
(2) The Registrar shall not refuse to register a design until the 
applicant, or each of the applicants, has been given an opportunity of 
being heard. IP/NIl/ AUS/DIl 
Page 16 
s.25 Designs Act 1906 
(3) An appeal lies to the Federal Court from a refusal by the 
Registrar to register a design. 
Monopoly in design 
25. Subject to section 25A, the owner of a registered design has a 
monopoly in that design. 
Co-ownershi p of registered design 
25A. (1) Where there are 2 or more owners of a registered design, 
each of those owners is, unless an agreement to the contrary is in 
force, entitled to an equal undivided share in the monopoly in that 
design. 
(2) Subject to this section and to section 25B, where there are 2 or 
more owners of a registered design, each of those owners is, unless an 
agreement to the contrary is in force, entitled, by himselfor his agents, 
to make use of the design for his own benefit without accounting to 
the other or others. 
(3) Subject to section 25B and to any agreement for the time being 
in force, where there are 2 or more owners of a registered design, one 
of those owners shall not grant a licence with respect to the use of the 
design, or assign an interest in the design, except with the consent of 
the other or others. 
(4) Where an article to which a registered design has been applied 
is sold by one of 2 or more owners of the design, either by himself or 
his agents, the purchaser, and a person claiming through him, is 
entitled to deal with the article in the same manner as if it had been 
sold by both or all of the owners. 
(5) Nothing in subsection (1) or (2) affects the rights or obligations 
of a trustee or of the legal personal representative of a deceased 
person, or rights or obligations arising out of either of those relation­
ships. 
Power of Registrar to give directions to co-owners 
25B. (1) Where there are 2 or more owners of a registered design, 
one or more of those owners may make application to the Registrar to 
give such directions as to a dealing with the design or an interest in the 
design, the grant of licences with respect to the design or the exercise 
of a right under section 25A in relation to the design, as he thinks fit. Designs Ar.t 1906 IP IN 11 I A US/D 11 
Page 17 
s.25C 
(2) Upon application made to the Registrar under subsection (1), 
the Registrar shall, if he is satisfied that a direction should be given in 
relation to the matter raised in the application, give such a direction as 
he thinks appropriate but, if he is not so satisfied, shall refuse to give a 
direction. 
(3) If an owner, within 14 days after being requested in writing by 
one of the other owners to execute an instrument or to do some other 
thing required for the carrying out of a direction given under sub­
section (2), fails to execute that instrument or to do that thing, one of 
those other owners may make application to the Registrar to give 
directions empowering a person to execute that instrument or to do 
that thing in the name and on behalf of the owner in default. 
(4) Upon application made to the Registrar under subsection (3), 
the Registrar shall, if he is satisfied that a direction should be given in 
relation to the matter raised in the application, give such a direction as 
he thinks appropriate but, if he is not so satisfied, shall refuse to give a 
direction. 
(5) Before giving a direction under this section, the Registrar shall 
give an opportunity to be heard: 
(a) in the case of an application under subsection (I)-to the 
other owner or owners; or 
(b) in the case of an application under subsection (3) -to the 
owner in default. 
(6) A direction shall not be given under this section if it: 
(a) would affect the rights or obligations of a trustee or of the 
legal personal representative of a deceased person, or rights or 
obligations arising out of either of those relationships; or 
(b) would be inconsistent with the terms of an agreement between 
the owners. 
Rights of registered owner to be personal property etc. 
2SC. (1) The rights of an owner with respect to a registered design 
are personal property and are capable of assignment and transmission 
by operation of law. 
(2) Subject to this Act, the laws applicable to ownership and 
devolution of personal property apply in relation to the monopoly in a 
registered design as they apply in relation to other choses in action. 
(3) An assignment referred to in subsection (1) shall be in writing 
signed by or on behalf of the owner. IPINIlIAUS/DI 1 
Rage 18 
Designs Act 1906 
s.25D 
Subsequent registration of design in respect of other articles 
25D. (1) Where: 
(a) a design (in this section referred to as the "original design") 
has, whether before or after the commencement of this section, 
been registered in respect of an article; and 
(b) the person registered as the owner, or all persons registered as 
owners, of the design makes, or make jointly, an application: 
(i) for registration of that design, or of another design that 
is an obvious adaptation of that design, in respect of 
another article; or 
(ii) for registration, whether in respect of the same article 
or another article, of a design that differs from the 
registered design only in immaterial details or in fea-
tures commonly used in the relevant trade,; " 
the application shall not be refused, and the registration made on that 
application is not invalid, by reason only of the previous registration, 
or of any publication or use, after the priority date in respect of "the 
application for the previous registration, of the design registered on 
that application. 
(2) Where a design is registered by virtue of subsection (1), the 
design becomes a design to which this section applies. 
(3) The registration of a design to which this section applies shall 
be deemed to have come into force on the date on which the 
application for registration of the design was lodged under this Act 
and shall remain in force so long as the registration of the original 
design remains in force, and no longer. 
(4) If under section 28 a prescribed court cancels the registration 
of the original design in relation to a design to which this section 
applies, that cancellation does not, unless the prescribed court other­
wise orders, affect the registration of the design to which this section 
applies but, on that cancellation, the design to which this section 
applies ceases to be a design to which this section applies. 
(5) Where: 
(a) a person makes, or 2 or more persons acting jointly make, an 
application for the registration of a design in respect of an 
article; 
(b) that design: 
(i) is a design that has previously been registered on the 
application of another person in respect of another 
article or is an obvious adaptation of such design; or Designs AC?t 1906 IP/N/1/AUS/D/1 
Page 19 
s.26 
(ii) differs only in immaterial details or in features com­
monly used in the relevant trade from a design that has 
previously been registered, wh'ether in respect of the 
same article or another article; and 
(c) while the application is pending, the applicant, or each of the 
applicants becomes registered as the owner of the previously 
registered design; 
the preceding provisions of this section apply as if the applicant, or 
each of the applicants, had been registered as the owner of the 
previously registered design at the time .of the making of the applica­
tion. 
Certificate of registration of design 
26. (1) If the Registrar decides to register a design, he shall enter 
in the register the prescribed particulars relating to the design, and 
shall issue to the applicant a certificate of registration in the prescribed 
form. 
(3) The certificate of registration shall be prima facie evidence of 
the facts stated therein, and of the validity of the registration. 
Registered designs open to public inspection 
27. (1) After a design has been registered, the application for 
registration of the design, the representations of the article to which 
the design is applied and any statement of monopoly or statement of 
novelty in respect of the design shall, subject to this Act, be open to 
public inspection. 
(2) Where a document referred to in subsection (1) is a document 
that is open to public inspection and that document has been or is 
amended, that document as so amended is, subject to this Act, also 
open to public inspection. 
Period during which registration is in force 
27 A. (1) The registration of a design shall be deemed to have 
come into force on the date on which the application for registration 
of the design was lodged under this Act and, subject to this Act, shall 
cease to be in force on the expiration of a period of 12 months 
commencing on the date on which the registration was made in the 
register. 
(2) Application may be made to the Registrar for an extension of 
the period of registration of a design referred to in subsection (1). IP/NIlIAUS/D/l 
Page 20 
. Designs Act 1906 
s.27A 
(3) An application under subsection (2): 
(a) shall be made before the expiration of the period referred to 
in subsection (1); and 
(b) shall be made in the prescribed manner. 
(4) A person may, at any time before the expiration of the period 
of 11 months commencing on the date on which the registration of a 
design was made in the register, lodge at the Designs Office a notice, 
in accordance with a prescribed form, setting out any matter: 
(a) that has been published in a document in Australia before the 
priority date in respect of the application for registration of 
the design; and 
(b) that the person considers to be relevant to the question 
whether the design was not, at the priority date referred to in 
paragraph (a), a design that was new or original. 
(5) The regulations may provide that a person who lodges a notice 
under subsection (4) shall lodge with the notice such number of copies 
as is prescribed of the document to which the notice relates. 
(6) The Registrar shall give to the owner of a design referred to in 
subsection (4) notice, in writing, of any matter to which a notice 
lodged under that subsection relates. 
(7) A copy of a document lodged with a notice under subsection 
(4) shall, subject to the regulations, be open to public inspection. 
(8) Upon receipt of an application under subsection (2) for 
extension of the period of registration of a design, the Registrar shall, 
subject to this Act, extend the period of registration of the design for a 
period that expires on a date 6 years after the date in which the 
application for registration of the design was lodged under this Act. 
(9) The Registrar may, having regard to any matter (including a 
matter published in a document a copy of which has been lodged with 
a notice under subsection (4)) that has come to his notice in connec­
tion with a design referred t6 in subsection (4), refuse an application 
under subsection (2) for extension of the period of registration of a 
design on the ground that the design was not, at the priority date in 
respect of the application for registration of the design, a design that 
was new or original. 
(10) Where the Registrar refuses an application under subsection 
(2) for extension of the period of registration of a design, he shall 
notify the owner of the design accordingly. 
(11) An appeal lies to the Federal Court from a refusal by the 
Registrar of an application under subsection -(2) for extension of the 
period of registration of a design. Designs Act 1906 
(12) Where: IP/N/lIAUS/D/l 
Page 21 
s.27A 
(a) the period of registration of a design has been extended under 
subsection (8); and 
(b) application is made to the Registrar for a further extension of 
that period of registration; 
the Registrar shall, subject to this Act, extend that period of registra­
tion for a further period of 5 years. 
(13) Where: 
Ca) the period of registration of a design has been extended under 
subsection (12); and 
(b) application is made to the Registrar for a further extension of 
that period of registration; 
the Registrar shall, subject to this Act, extend that period of registra­
tion for a further period of 5 years. 
(14) An application under subsection (12) or (13): 
(a) shall be made before the expiration of the period of registra­
tion of the design as extended under subsection (8) or (12), as 
the case may be, or within sucp. period after that expiration as 
is prescribed; and 
(b) shall be made in the manner prescribed for the purposes of 
subsection (12) or (13), as the case may be. 
(15) The Registrar shall cause to be published in the Official 
Journal notice of: 
(a) an application under subsection (2) for extension of the period 
of registration of a design; 
(b) a refusal under subsection (9) of such an application; and 
(c) each extension under this section of the period of registration 
of a design. 
(16) Where: 
(a) a registered design was, at the time when it was registered, a 
corresponding design in relation to an artistic work in which 
copyright subsisted under the Copyright Act 1968; 
(b) by reason of a previous use of that artistic work, the design 
would not have been registerable under this Act but for 
section 17 A; and 
( c) the copyright in that artistic work under the Copyright Act 
1968 expires before the date on which the registration of the 
design ceases to be in force; 
the registration of the design ceases to be in force at the same time as 
the copyright in the artistic work and shall not be extended after that 
time. IP1M/I/AUS/D/l 
"Pa!F22 
Designs Act 1906 
s.27B 
(17) Notwithstanding the preceding proVIsions of this section, 
where a design has ceased to be a design to which section 25D applies, 
the period of registration of the design shall not be extended beyond 
the last date to which the period of registration of the design that was 
the original design, within the meaning of section 25D, in relation to 
the design that has so ceased could have been extended under this 
section. 
(18) In this section, "design" does not include a design to which 
section 25D applies. 
Extensions of time 
27B. (1) Where, because of an error or omission by the Registrar, 
a Deputy Registrar, or a person employed in the Designs Office, a 
relevant act that is required to be done within a certain time is not, or 
cannot be, done within that time, the Registrar must extend the time 
for doing the act. . 
(2) Where, because of: 
(a) an error or omission by the person concerned, or by his or her 
agent; or 
(b) circumstances beyond the control of the person concerned; 
a relevant act that is required to be done within a certain time is "not, 
or cannot be, done within that time, the Registrar may, on application 
made by the person concerned in accordance with the regulations, 
extend the time for doing the act. 
(3) The time allowed for doing a relevant act may be extended~ 
whether before or after that time has expired. 
(4) Where an application is made for an extension of time for 
more than 3 months, the Registrar must advertise the application in 
the Official Journal. . 
(5) A person may, as prescribed, oppose the granting of the 
application. 
(6) Where: 
(a) an application for registration of a design lapses, or the reg­
istration of a design ceases to be in force, because of a failure 
to do one or more relevant acts within the time allowed; and 
(b) the time for doing that act or those acts is extended; 
the application or registration must be treated as having been restored 
on the day on which the extension, or the last of the extensions, is 
granted. Designs Act 1906 IP/N/l! AUS/D/1 
Page 23 
s.28 
(7) Where an extension of time is granted for doing a relevant act, 
the prescribed provisions have effect for the protection or compensa­
tion of persons who availed themselves (or took definite steps by way 
of contract or otherwise to avail themselves) of the design concerned 
because of the failure to do the relevant act within the time allowed, 
the lapsing of the application or the ceasing of the registration, as the 
case may be. 
(8) Infringement proceedings cannot be brought in respect of an 
infringement committed between the day on which the registration of a 
design ceases to be in force and the day on which the registration is 
restored. 
(9) Where: 
(a) the registration of a design is restored under this se~tion; and 
(b) the design was the original design, within the meaning of 
section 25D, in relation to another design (in this subsection 
called "the second design") to which that section applied; 
the registration of the second design is restored and: 
( c) that section again applies to the second design; and 
(d) the design mentioned in paragraph (a) again becomes the 
original design in relation to the second design. 
(10) In this section: 
"relevant act" means an action (other than a prescribed action) in 
relation to: 
(a) a registered design; or 
(b) an application for registration of a design; or 
(c) any proceedings under this Act (other than court proceedings); 
and includes the making of an application for registration of a design 
within the period specified in subsection 49 (1). 
Applications to prescribed court 
28. At any time after the registration of a design any person 
interested may apply to a prescribed court: 
(a) for the cancellation of the registration of the design on the 
ground that the design has been published in the Common­
wealth prior to the priority date in respect of the application 
for registration of the design; or 
(b) for the grant of a compulsory licence on the ground that the 
design is applied by manufacture to any article in a country 
outside the Commonwealth and is not so applied in the Com­
monwealth to such an extent as is reasonable in the cir­
cumstances of the case; IPINIl! AUS/D/I 
Page 24 
s.30 Designs Act 1906 
and the court may make such order on the application as it considers 
just: 
Provided that the court shall not make any order under this section 
which is at variance with any treaty, convention, arrangement or 
engagement with any country outside the Commonwealth. 
PART V-INFRINGEMENT OF MONOPOLY IN DESIGNS 
Division 1-Infringement 
Infringement of monopoly in designs 
30. (1) A person shall be deemed to infringe the monopoly in a 
registered design if he, without the licence or authority of the owner of 
the design: 
(a) applies the design or any fraudulent or obvious imitation of it 
to any article in respect of which the design is registered; 
(b) imports into Australia for sale, or for use for the purposes of 
any trade or business, any article in respect of which the 
design is registered and to which the design or any fraudulent 
or obvious imitation of it has been applied outside Australia 
without the licence or authority of the person who was the 
owner of the registered design at the time when the design or 
imitation was so applied; or 
Cc) sells, or offers or keeps for sale, or hires, or offers or keeps for 
hire, any article: 
(i) to which the design or any fraudulent or obvious 
imitation of it has been applied in infringement of the 
monopoly in the design; or 
(ii) in respect of which the design is registered and to 
which the design or any fraudulent or obvious imita­
tion of it has been applied outside Australia without 
the licence or authority of the person who was the 
owner of the registered design at the time when the 
design or imitation was so applied. 
(2) If any person infringes the monopoly in a registered design, the 
owner of the design may bring an action or proceeding against him for 
infringement of the monopoly in the design. Designs Act 1906 
Infringement actions IP/N/lIAUS/D/l 
Page 25 
s.31 
31. An action or proceeding for the infringement of the monopoly 
in a registered design may be instituted in a prescribed court, but 
nothing in this section prevents such an action or proceeding being 
instituted in a court that is not a prescribed court. 
Defendant may counter-claim for rectification of register 
32. A defendant in an action or proceeding for the infringement of 
the monopoly in a registered design may apply, by way of counter­
claim in the action or proceeding, for the rectification of the register 
by the expunging of the entry of the registration of the design from the 
register. 
Intervention by Registrar in infringement action 
32A. A prescribed court may grant to the Registrar leave to 
in tervene in an action or proceeding for the infringement of the 
monopoly in a registered design. 
Remedies for infringement of monopoly in designs 
32B. (1) The relief that a court may grant in an action or 
proceeding for the infringement of the monopoly in a registered design 
includes an injunction (subject to such terms, if any, as the court 
thinks fit) and, at the option of the plaintiff, either damages or an 
account of profits. 
(2) A court may refuse to award damages, or to make an order for 
an account of profits, in respect of an infringement of the monopoly in 
a registered design if the defendant satisfies the court: 
(a) that, at the time of the infringement, he was not aware that the 
design was registered; and 
(b) that he had, prior to that time, taken all reasonable steps to 
ascertain whether a monopoly in the design existed. 
Division 2 -Unjustified threats of infringement proceedings 
Application for relief from unjustified threats 
32C. (1) Where a person, by means of circulars, advertisements or 
otherwise, threatens a person with infringement proceedings, or other 
similar proceedings, the person aggrieved may apply to a prescribed 
court, or to another court having jurisdiction to hear and determine 
the application, for: 
(a) a declaration that the threats are unjustifiable; and 
(b) an injunction against the continuance of the threats; and 11P*~/ll)\lJS/I>/l 
Page 26 
Designs Act 1906 
s.32D 
(c) the recovery of any damages sustained by the applicant as a 
result of the threats. 
(2) Subsection (1) applies whether or not the person who made 
the threats is entitled to, or interested in, the design. 
Court's power to grant relief 
32D. The court may grant an applicant under section 32C the 
relief applied for unless the respondent satisfies the court that: 
(a) the relevant dOesign is registered; and 
(b) the acts about which the threats were made infringed, or 
would infringe, the monopoly in the design. 
Counter-claim for infringement 
32E. (1) The respondent in proceedings under section 32C may 
apply, by way of counter-claim, for relief to which the respondent 
would be entitled in separate proceedings for an infringement by the 
applicant of the monopoly in the registered design to which the threats 
relate. 
(2) Where the respondent applies by way of a counter-claim, the 
applicant may, without making a separate application under section 39, 
apply in the proceedings for the rectification of the register by 
expunging from the register the entry of the registration of the design. 
(3) The provisions of this Act relating to infringement proceedings 
apply, with the necessary changes, to a counter-claim. 
(4) The provisions of this Act relating to proceedings for the 
rectification of the register apply, with the necessary changes, to an 
application under subsection (2). 
Notification of registration not a threat 
32F. The mere notification of the existence of a registered design 
does not constitute a threat of proceedings for the purposes of section 
32C. 
Liability of legal practitioner or patent attorney 
32G. A legal practitioner or a patent attorney is not liable to 
proceedings under section 32C in respect of an act done in his or her 
professional capacity on behalf of a client. Designs Act 1906 IP/N/lIAUS/D/l 
Page 27 
s.33 
PART VI-THE REGISTER OF DESIGNS 
Register of Designs 
33. (1) There shall be kept at the Designs Office a Register of 
Designs wherein shall be entered particulars of: 
(a) all registered designs, the names and addresses of their owners, 
and the date of registration and expiry thereof; 
(b) notifications of assignments and transmissions; and 
(c) any other prescribed matters. 
(2) The register may be kept wholly or partly by use of a 
computer. 
(3) If the register is kept wholly or partly by use of a computer: 
(a) references in this Act to an entry in the register include 
references to a record of particulars kept by use of the com­
puter and comprising the register or part of the register; and 
(b) references in this Act to particulars being registered, or en­
tered in the register, include references to the keeping of a 
record of those particulars as part of the register by use of the 
computer; and 
(c) references in this Act to the amendment, alteration or rec­
tification of the register include references to the amendment, 
alteration or rectification of the record of particulars kept by 
use of the computer and comprising the register or part of the 
register. 
Trusts not to be noticed 
34. No notice of any trust, expressed implied or constructive, shall 
be received by the Registrar or entered in the register. 
Inspection of register 
35. (1) The register shall be open to the inspection of the public 
at all prescribed times, on payment of the prescribed fee. 
(2) If a record of particulars is kept by use of a computer, 
subsection (1) is to be taken to be complied with, to the extent that the 
register consists of those particulars, by giving members of the public 
access to a computer terminal which they can use to inspect the 
particulars, either on a screen or in the form of a computer printout. lP/Nil/ AUS/O/l 
Page 28 
s.36 Designs Act 1906 
False entries in register 
36. No person shall wilfully: 
(a) make any false entry in the register; or 
(b) make any writing falsely purporting to be a copy of an entry in 
the register; or 
(c) produce or tender in evidence any writing falsely purporting to 
be a copy of an entry in the register. 
Penalty: Imprisonment for 2 years. 
Correction of register 
37. (1) The Registrar may, on request made in the prescribed 
manner by the owner of a registered design, amend or alter the register 
by: 
(a) correcting any error in the name or address of the owner of a 
design; or 
(b) altering the name or address of the owner who has changed his 
name or address. 
(lA) The Registrar may, in accordance with the regulations, amend 
or alter an entry in the register to correct a clerical error or an 
obvious mistake. 
(lB) An amendment or alteration under subsection (lA) may be 
made: 
(a) on the request made in the prescribed manner by the owner of 
a registered design; or 
(b) on the Registrar's own initiative. 
(2) Where the register has been amended or altered under this 
section, the Registrar may: 
(a) cancel the certificate of registration and issue a new certificate 
of registration; or 
(b) make such amendments or alterations in the certificate of 
registration as are rendered necessary by the amendment or 
alteration of the register. 
Registration of assignments, transmissions etc. 
38. Where a person becomes entitled to a registered design by 
assignment, agreement, transmission or other operation of law, he shall 
apply to the Registrar to register his title, and the Registrar shall, on 
receipt of the application, and on proof to the satisfaction of the 
Registrar of the title of the applicant, cause the name of the applicant 
to be entered in the register as the owner of the design. Designs Act 1906 
Registration of legal personal representatives IP/N/lIAUSID/l 
Page 29 
s.38AA 
38AA. Where an owner of a registered design has died, the 
Registrar shall, subject to section 38A, and notWithstanding section 34, 
on the application of the legal personal representative of the deceased 
owner, if he is satisfied that the legal personal representative is entitled 
to be registered as the owner of the design, register him accordingly. 
Registration of mortgages licences etc. 
38A. Where a person becomes entitled as mortgagee, licensee or 
otherwise to an interest in a registered design, he shall apply to the 
Registrar to register his title, and the Registrar shall, on receipt of the 
application, and on proof to the satisfaction of the Registrar of the title 
of the applicant, cause notice of the interest to be entered in the 
register, together with particulars of the instrument creating the inter­
est. 
Unregistered instruments not to be admitted in evidence 
38B. Except in the case of an application under section 39, a 
document or instrument in respect of which no entry has been made 
in the register in accordance with the provisions of this Act is not, 
unless the court otherwise directs, admissible in evidence in a court in 
proof of title to a design or to an interest in a design. 
Rectification of register 
39. (1) Subject to this Act, a prescribed court, on the application 
of any person aggrieved, may order the rectification of the register by: 
(a) the making of any entry wrongly omitted to be made in the 
register; or ' 
(b) the expunging or amendment of any entry wrongly made in or 
remaining on the register; or 
(c) the correcting of any error or defect in the register. 
(lA) The reference in subsection (1) to the expunging of an entry 
wrongly remaining on the register includes a reference to the 
expunging of an entry effecting the registration of a design where that 
design ceases to be in force by reason of subsection 27A (16). 
(2) Notice of every application under this section shall be given to 
the Registrar, who may be heard thereon. 
(3) An office copy of an order under this section shall be served 
on the Registrar, who shall, upon receipt of the order, take such steps 
as are necessary to give effect to the order. IHlN/ll AUS/D/l 
Page 30 
Designs Act 1906 
s.40 
PART VIA-THE CROWN 
In terpretation 
40. 
(2) In this Part, a reference to the Commonwealth shall be read as 
including a reference to an authority of the Commonwealth and a 
reference to a State shall be read as including a reference to an 
authority of a State. 
Use of designs for services of the Commonwealth or a State 
40A. (1) At any time after an application for registration of a 
design has been lodged or a design has been registered, the Common­
wealth or a State, or a person authorized in writing by the Common­
wealth or a State, may make use of the design for the services of the 
Commonwealth or State. 
(2) An authority under subsection (1): 
(a) may be given either before or after the registration of the 
design; 
(b) may relate to, and authorize retrospectively the doing of, acts 
done after the lodging of the application for the registration of 
the design and before the giving of the authority; and 
(c) may be given to a person notwithstanding that he is authorized 
directly or indirectly by the owner of the design to make use 
of the design. 
(3) Where a design has been made use of under subsection (1), the 
Commonwealth or State, unless it appears to the Commonwealth or 
State that it would be contrary to the public interest to do so, shall 
inform the owner as soon as possible of the fact and furnish him with 
such information as to the use made of the design as he from time to 
time reasonably requires. 
(4) Where a design is made use of under subsection (1), the terms 
for that use of the design are such terms as are, whether before or after 
that use, agreed upon between the Commonwealth or the State and the 
owner of the design or, in default of agreement, as are fixed by a 
prescribed court. 
(5) The prescribed court may, in fixing those terms, take into 
consideration compensation that a person interested in the design has 
received, directly or indirectly, from the Commonwealth or State in 
respect of the design. 
(6) An agreement or licence (whether made or given before or 
after the commencement of this Part) fixing the terms upon which a 
person other than the Commonwealth or a State may make use of a Designs Act 1906 IP/N/lIAUSIDIl 
Page 31 
s.40B 
design is inoperative with respect to the making use of the design, after 
the commencement of this Part, under subsection (1), unless the 
agreement has been approved by the Minister or by the Attorney­
General of the State. 
(7) No action or proceeding for infringement lies in respect of the 
making use of a design under subsection (1). 
(8) The right to make use of a design under subsection (1) 
includes the right to sell articles to which the design has been applied 
in exercise of that right and a purchaser of goods so sold, and a person 
claiming through him, is entitled to deal with the articles as if the 
Commonwealth or State were the owner of the design. 
Declaration may be sought as to use of registered design 
40B. (1) An owner of a design who considers that the" design has 
been made use of under subsection 40A (1) may apply to a prescribed 
court for a declaration accordingly. 
(2) In a proceeding under subsection (1): 
(a) the Commonwealth or the State concerned, as the case may 
be, shall be the· defendant; and 
(b) where the design is a registered design, the Commonwealth or 
State may, by way of counter-claim in the proceeding, apply 
for the rectification of the register by the expunging of the 
entry of the registration of the design from the register. 
Forfeited articles 
40C. Nothing in this Part affects the rights of the Commonwealth 
or of a State, or of a person deriving title directly or indirectly from 
the Commonwealth or a State, to sell or use an article forfeited under 
a law of the Commonwealth or the State. 
Acquisition of designs by the Commonwealth 
40D. (1) The Governor-General may direct that a design the 
subject of an application for registration, or a registered design, shall 
be acquired by the Commonwealth from the owner, and, thereupon, 
the design or registered design, and all rights in respect of the design 
or registered design, are, by force of this section, transferred to and 
vested in the Commonwealth. 
(2) Notice of the acquisition shall be given to the owner and be 
published in the Official Journal and the Gazette unless, in the case of 
the acquisition of a design the subject of an application for registra­
tion, an order is in force under section 40F in relation to the applica­
tion. IPINIl! AUS/D/l 
Page 32 
Designs Act 1906 
s.40E 
(3) The Commonwealth shall pay to the owner of the design, and, 
in the case of the acquisition of a registered design, to all other 
persons appearing in the register as having an interest in the design, 
such compensation as is agreed upon between the Commonwealth and 
the owner or other persons, as the case may be, or as, in default of 
agreement, is determined by a prescribed court in an action for 
compensation against the Commonwealth. 
Assignment of design to Commonwealth 
40E. (1) The owner of a design may assign to the Commonwealth 
his interest in the design and in the monopoly obtained, or to be 
obtained, in the design. 
(2) The assignment and all covenants and agreements contained in 
the assignment are valid and effectual notwithstanding any want of 
valuable consideration and may be enforced by action or other appro­
priate proceeding in the name of the Minister. 
Prohibition of publication of information with respect to designs 
40F. (1) Subject to any directions of the Minister, the Registrar 
may, if it appears to him to be necessary or expedient so to do in the 
interests of the defence of the Commonwealth, by order in writing 
under his hand, prohibit.,lor restrict the publication of information with 
respect to the subject-matter of an application for registration of a 
design, whether generally or to a particular person or to persons 
included in a class of persons. 
(2) A person shall not, except in accordance with the written 
consent of the Registrar, publish or communicate information in con­
travention of an order made under subsection (1). 
Penalty: Imprisonment for 2 years. 
(3) Where an order is in force under this section in relation to an 
application for registration of a design, the application may be dealt 
with under this Act but a design shall not be registered on that 
application. 
(4) Where: 
(a) an order under this section in relation to an application for 
registration of a design has been revoked; and 
(b) at the date of the revocation of the order, the design would, 
but for the operation of subsection (3), have been registered; 
the design shall be registered within one month after that date. Designs Act 1906 IPINIII ADS/D/I 
Page 33 
s.40G 
(5) Nothing in this Act prevents the disclosure of information 
concerning a design to a Department or authority of the Common­
wealth for the purpose of obtaining advice as to whether an order 
under this section should be made, amended or revoked. 
PART VIB-JURISDICTION AND POWERS OF COURTS 
Jurisdiction of prescribed courts 
40G. (1) The Federal Court has jurisdiction with respect to 
matters arising under this Act. 
(lA) The jurisdiction of the Federal Court to hear and determine 
appeals from decisions of the Registrar is exclusive of the jurisdiction 
of any other court, other than the jurisdiction of the High Court under 
section 75 of the Constitution. 
(lB) Subject to subsection (2), each prescribed court (other than 
the Federal Court) has jurisdiction with respect to matters arising 
under this Act in respect of which actions or proceedings may, under a 
provision of this Act, be instituted in a prescribed court. 
(le) A prosecution. for an offence against this Act shall not be 
instituted in the Federal Court. 
(2) The jurisdiction conferred by subsection (lB) on the Supreme 
Court of a Territory: 
(a) to the extent that it relates to an action or proceeding for the 
infringement of the monopoly in a registered design or to an 
application for the rectification of the register made by virtue 
of section 32-is conferred to the extent that the Constitution 
permits; and 
(b) in any other case-is conferred only in relation to an action or 
proceeding instituted by a natural person who is resident in 
the Territory, or a corporation that has its principal place of 
business in the Territory, at the time of the institution of the 
action or proceeding. 
(3) The jurisdiction of a prescribed court under this section shall 
be exercised by a single Judge. 
(4) The regulations may make provision for and in relation to the 
practice and procedure of prescribed courts in actions or proceedings 
under this Act, including provision prescribing the time within which 
any action or proceeding may be instituted or any other act or thing 
may be done, and providing for the extension of any such time. IPIlI'llI A US/Oil 
Pamt34 
Designs Act 1906 
s.40H 
Transfer of proceedings 
40H. (1) A prescribed court in which an action or proceeding has 
been instituted under this Act may, if the court thinks fit, upon 
application of a party made at any stage in the action or proceeding, 
by order, transfer the action or proceeding to another prescribed court 
having jurisdiction to hear and determine the action or proceeding. 
(2) Where an action or proceeding is transferred from a court in 
pursuance of this section: 
(a) all documents filed of record in that court shall be transmitted 
by the Registrar or other proper officer of that court to the 
Registrar or other proper officer of the court to which the 
action or proceeding is transferred; and . 
(b) the court to which the action or proceeding is transferred shall 
proceed as if the action or proceeding had' been originally 
instituted in that court and as if the same proceedings had 
been taken in that court as had been taken in the court from 
which the action or proceeding was transferred. 
Appeals 
401. (1) An appeal lies to the Federal Court from a judgment or 
order of: 
(a) another prescribed court exercising jurisdiction under this Act; 
or 
(b) any other court in an action or proceeding referred to in 
section 31. 
(2) Except with the leave of the Federal Court, an appeal does not 
lie to the Full Court of the Federal Court from a judgment or order of 
a single judge of the Federal Court in the exercise of its jurisdiction to 
hear and determine appeals from decisions of the Registrar. 
(3) An appeal lies to the High Court, with special leave of the 
High Court, from a judgment or order referred to in subsection (1). 
(4) Except as provided in the foregoing provisions of this section, 
no appeal lies from a judgment or order referred to in subsection (1). 
Powers of prescribed courts 
40J. Upon the hearing of an appeal from a decision of the 
Registrar, the Federal Court may: 
(a) admit further evidence, either orally or upon affidavit or 
otherwise; 
(b) permit the examination and cross-examination of witnesses, 
including witnesses who gave evidence orally or upon affidavit 
or otherwise at the hearing before the Registrar; Designs Act 1906 IP/N/lIAUS/D/l 
Page 35 
s.40K 
( c) order an issue of fact to be tried in such manner as it directs; 
(d) affirm, reverse or modify the decision appealed from; 
(e) give such judgment, or make such order, as in all the cir­
cumstances it thinks fit, or refuse to make an order; and 
(f) order a party to pay costs to another party. 
PART VIC-APPLICATIONS FOR REVIEW OF CERTAIN 
DECISIONS BY ADMINISTRATIVE APPEALS TRIBUNAL 
. Review by Administrative Appeals Tribunal 
40K. (1) Application may be made to the Admiriistrative Appeals 
Tribunal for review of a decision of the Registrar under section 20B, 
25B or 27B. 
(2) Where a decision of the kind mentioned in subsection (1) is 
made and a written notice of the decision is given to a person whose 
interests are affected by the decision, the notice must include: 
(a) a statement to the effect that application may be made to the 
Administrative Appeals Tribunal under the Administrative Ap­
peals Tribunal Act 1975 for review of the decision; and 
(b) a statement to the effect that a person who is entitled to apply 
to the Administrative Appeals Tribunal for review of a de­
cision may, under section 28 of that Act, request a statement 
that includes reasons for the decision. 
(3) Paragraph (2) (b) does not apply to a case to which subsection 
28 (4) of the Administrative Appeals Tribunal Act 1975 applies. 
(4) A contravention of subsection (2) in relation to a decision does 
not affect the validity of the decision. 
(5) In this section: 
"decision" has the same meaning as in the Administrative Appeals 
Tribunal Act 1975. 
PART Vll-MISCELLANEOUS 
Regulations 
41. (1) The Governor-General may make regulations, not in­
consistent with this Act, prescribing all matters which by this Act are 
required or permitted to be prescribed, or which are necessary or 
convenient to be prescribed for carrying out or giving effect to this Act 
or for the conduct of any business relating to the Designs Office. IP/NIl/ AUS/D/I 
Page 36 
Designs Act 1906 
s.42 
(2) Without limiting subsection (1), that subsection includes the 
power to make regulations: 
(a) requiring persons to furnish statutory declarations in relation 
to applications under this Act or the regulations relating to 
designs, or in proceedings under this Act or the regulations 
(other than court proceedings); and 
(b) making provision for and in relation to the refund, in specified 
circumstances, of the whole or part of a fee paid in respect of 
the lodging of a document; and 
(c) making provision for and in relation to the remission of, or the 
exemption of specified classes of persons from the payment of, 
the whole or part of a fee; and 
(d) empowering the Registrar to require an applicant for registra­
tion of a design to inform the Registrar, within the prescribed 
period, whether or not the applicant wishes to be heard for the 
purposes of subsection 24 (2); and 
(e) empowering the Registrar to require an applicant for registra­
tion of a design who wishes to be heard for the purposes of 
subsection 24 (2) to appear for the purposes of being so heard 
on a day, and at a place and time, sp.ecified by the Registrar; 
and 
(f) providing for the lapsing of an application for registration of a 
design if the applicant does not comply with the requirements 
of the Registrar under regulations made under paragraph (d). 
Fees 
42. (1) There are payable to the Registrar such fees as are 
prescribed in respect of the doing of an act by the Registrar, or a 
person other than the Registrar, or the lodging of a document, under 
this Act. 
(2) Where, in accordance with the regulations, a fee is payable in 
respect of the doing of an act by the Registrar under this Act, the 
Registrar shall not do that act until the fee has been paid. 
(3) Subject to subsection (4), where a fee is payable in respect of 
the doing of an act by a person other than the Registrar, or a fee is 
payable in respect of the lodging of a document, the act is to be 
regarded as done, or the document is to be regarded as lodged, even if 
the fee is not paid. 
(4) Where the Registrar notifies the person concerned, or his or 
her agent, in accordance with the regulations, of failure to pay the fee, 
the act is not to be regarded as. done, or the document is not to be 
regarded as lodged, before the day on which the fee is paid. IP/N/lIAUSID/l 
Page 37 
Designs Act 1906 
Powers of Registrar 
42A. The Registrar may, for the purposes of this Act: 
(a) summon witnesses; 
(b) receive evidence on oath, whether orally or otherwise; 
(c) require the production of documents or articles; and 
(d) award costs against a party to proceedings before him. 
Disobedience to summons an offence s.42A 
42B. (1) A person who has been summoned to appear as a witness 
before the Registrar shall not, without lawful excuse, and after tender 
of reasonable expenses, fail to appear in obedience to the summons. 
Penalty: Imprisonment for 6 months. 
(2) A person who has been required by the Registrar to produce a 
document or article shall not, without lawful excuse, and after tender 
of reasonable expenses, fail to produce the document or article. 
Penalty for contravention of this subsection: Imprisonment for 6 
months. 
Refusal to give evidence an offence 
42C. A person who appears before the Registrar as a witness shall 
not, without lawful excuse, refuse to be sworn or to make an affirma­
tion, or to produce documents or articles, or to answer questions, that 
he is lawfully required to produce or answer. 
Penalty: Imprisonment for 6 months. 
Recovery of costs 
42D. Costs awarded by the Registrar may, in default of payment, 
be recovered in a court of competent jurisdiction as a debt due by the 
person against whom the costs were awarded to the person in whose 
favour they were awarded. 
Applications and documents by post 
43. Any application or other document authorized or required 
under this Act to be left at the Designs Office, or served on or given to 
the Registrar, or any other person, may be sent by a prepaid letter 
through the post. 
Registrar may recognize agents 
44. Subject to the regulations the Registrar may permit any agent 
to do, on behalf of any other person, any act in connexion with the 
registration of designs or any procedure relating thereto. IPIlNlll AUS/D/l 
Page 38 
Designs Act 1906 
s.45 
False representation that a design is registered 
45. (1) A person shall not knowingly falsely represent that any 
design applied to any article sold by him is registered. 
Penalty: $3,000. 
(2) A person shall be deemed, for the purposes of this section, to 
represent that a design applied to any article is registered, if there are 
stamped, engraved, or impressed on or otherwise applied to the article 
the word "registered" or the words "design registered", or any word or 
words expressing or implying that the design applied to the article has 
been registered. 
Cond uct by directors, servants and agents 
45A.. (1) Where, in proceedings for an offence against this Act, it 
is necessary to establish the state of mind of a body corporate in 
relation to particular conduct, it is sufficient to show: 
(a) that the conduct was engaged in by a director, servant or agent 
of the body corporate within the scope of his or her actual or 
apparent authority; and 
(b) that the director, servant or agent had the state of mind. 
(2) Any conduct engaged in on behalf of a body corporate by a 
director, servant or agent of the body corporate within the scope of his 
or her actual or apparent authority is to be taken, for the purposes of 
a prosecution for an offence against this Act, to have been engaged in 
also by the body corporate unless the body corporate establishes that 
the body corporate took reasonable precautions and exercised due 
diligence to avoid the conduct. 
(3) Where, in proceedings for an offence against this Act, it is 
necessary to establish the state of mind of a person other than a body 
corporate in relation to particular conduct, it is sufficient to show: 
(a) that the conduct was engaged in by a servant or agent of the 
person within the scope of his or her actual or apparent 
authority; and 
(b) that the servant or agent had the state of mind. 
(4) Any conduct engaged in on behalf of a person other than a 
body corporate by a servant or agent of the person within the scope of 
his or her actual or apparent authority is to be taken, for the purposes 
of a prosecution for an offence against this Act, to have been engaged 
in also by the first-mentioned person unless the first-mentioned person 
establishes that the first-mentioned person took reasonable precautions 
and exercised due diligence to avoid the conduct. Designs Act 1906 
(5) Where: IP/N/1/AUS/D/l 
Page 39 
s.46 
(a) a person other than a body corporate is convicted of an 
offence; and 
(b) the person would not have been convicted of the offence if 
subsections (3) and (4) had not been enacted, the person is not 
liable to be punished by imprisonment for that offence. 
(6) A reference in subsection (1) or (3) to the state of mind of a 
person includes a reference to: 
(a) the knowledge, intention, opinion, belief or purpose of the 
person; and 
(b) the person's reasons for the intention, opinion, belief or pur­
pose. 
(7) A reference in this section to a director of a body. corporate 
includes a reference to a constituent member of a body corporate 
incorporated for a public purpose by a law of the Commonwealth, of a 
State or of a Territory. 
(8) A reference in this section to engaging in conduct includes a 
reference to failing or refusing to engage in conduct. 
(9) A reference in this section to an offence against this Act 
includes a reference to an offence created by section 6, 7 or 7A, or 
subsection 86 (1), of the Crimes Act 1914, being an offence that relates 
to this Act. 
Exercise of discretionary power by Registrar 
46. Where a discretionary power is by this Act given to the 
Registrar, he shall not exercise that power adversely to a person 
without giving to that person an opportunity of being heard. 
Objection to validity of design not to be taken in certain circumstances 
46A. Objection shall not be taken to an application for registration 
of a design, and a registered design is not invalid, by reason only of the 
design having been published or used before the priority date 'in 
respect of the application for registration of the design, if the Registrar 
or the prescribed court is satisfied that: 
(a) the publication was made or the user took place without the 
knowledge and consent of the applicant or owner, as the case 
may be; 
(b) the subject of the publication or user was derived or obtained 
from the applicant or owner; and IP/N/lIAUS/DIl 
Page 40 
Designs Act 1906 
s. 46B 
(c) if, before the priority date in respect of the application for 
registration of the design, the applicant or owner became 
aware of the publication or user, he made application for 
registration of the design with all reasonable diligence after so 
becoming aware of the publication or user. 
Notice of appeal to prescribed court to be given to Registrar etc. 
46B. (1) Notice of an appeal under this Act to the Federal Court 
from a decision of the Registrar shall be given to the Registrar. 
(2) The Registrar is entitled to appear and be heard upon the 
hearing of the appeal and shall appear if so directed by the Federal 
Court. 
Exhibiting of designs at official or international exhibiti~ns 
47. (1) The fact that a design, or any article to which a design has 
been applied, has been exhibited at an official or officially recognized 
international exhibition, or that a description of a design has been 
published during the holding of such an exhibition, shall not prejudice 
or prevent the registration of the design or invalidate the monopoly 
therein, if the application for the registration of the design is made 
within six months after the opening of the exhibition. 
(2) A certificate by the Minister that an exhibition is an official 
exhibition, or an officially recognized international exhibition, shall, 
for the purposes of this section, be conclusive evidence that the 
exhibition is an official exhibition, or an officially recognized interna­
tional exhibition, as the case requires. 
Convention countries 
48. (1) The Governor-General may make regulations declaring 
that a country specified in the regulations is a Convention country for 
the purposes of this Act. 
. (2) The Governor-General may make regulations declaring a part 
of the Queen's dominions which has made satisfactory provision for 
the protection in that part of designs to be a Convention country for 
the purposes of this Act.' 
(3) Where the Governor-General makes regulations declaring that 
an application made in a foreign country for protection in respect of a 
design is, in accordance with the terms of a treaty subsisting between 2 
or more Convention countries, equivalent to·an application made in 
one of those Convention countries, the first-mentioned application 
shall, for the purposes of this Act, be deemed to have been made in 
that Convention country. Designs Act 1906 IP/NIlIAUS/DI 1 
Page 41 
s.49 
(4) Where the Governor-General makes regulations declaring that 
an application made in a foreign country for protection in respect of a 
design is, in accordance with the law of a Convention country, equiv­
alent to an application made in that Convention country, the first­
mentioned application shall, for the purposes of this Act, be deemed 
to have been made in that Convention country. 
Applications under International Conventi.ons 
49. (1) Where: 
(a) an application for protection in respect of a design (in this 
section referred to as the "basic application") has been made 
in a Convention country; and 
(b) an application for registration of the design is lodged under 
this Act, within a period of 6 months after the date on which 
the basic application was made, by a person who is: 
(i) the applicant in the Convention country; 
(ii) the assignee of the applicant in the Convention coun­
try; or 
(iii) the legal personal representative of the applicant in the 
Convention country or of his assignee; 
the priority date in respect of the application under this Act is the date 
of the making of the basic application. 
(2) For the purposes of subsection (1), the date on which a basic 
application was made in a Convention country is such date as the 
Registrar is satisfied, by certificate of the official chief or head of the 
Designs Office of the Convention country or otherwise, is the date on 
which the basic application was made in the Convention country. 
(3) Where 2 or more applications for protection in respect of a 
design have been made in one or more Convention countries, the 
period of 6 months referred to in paragraph (1) (b) shall be reckoned 
from the date on which the earlier or earliest of those applications was 
made. 
(4) An application to which subsection (1) applies: 
(a) shall be supported by a copy of the basic application, and of 
any other related documents filed or deposited by the ap­
plicant in the Designs Office of the Convention country in 
which the basic application was made, certified by the official 
chief or head of that Office or otherwise verified to the 
satisfaction of the Registrar; and 
(b) in all other respects, shall be made, lodged and proceeded 
with in the same manner as an ordinary application under this 
Act for the registration of a design. IP/NI!1iIAUS/DIl 
Page· 42 
Designs Act 1906 
5.50 
(5) A copy of a document referred to in paragraph (4) (a) shall be 
lodged: 
(a) at the same time as the application to which subsection (1) 
applies is lodged; 
(b) within 3 months after that time; or 
(c) within such further period after that time as the Registrar 
allows. 
(6) If a copy of a document referred to in paragraph (4) (a) is in a 
foreign language, a translation of the document, verified by declaration 
or otherwise to the satisfaction of the Registrar, shall be annexed to the 
document. 
Withdrawn application not to be used as basic application in certain 
circumstances 
50. Notwithstanding anything contained in section 49, where: 
(a) an application for protection in respect of a design has been 
made in a Convention country; 
(b) the application has been withdrawn, abandoned or refused 
without becoming open to public inspection; 
(c) the application has not been used as the basis for claiming a 
right of priority in a Convention country under the law of that 
country corresponding to section 49; and 
(d)· a later application has been made by the same applicant for 
protection in respect of that design in the Convention country 
in which the earlier application was made; 
the applicant may request the Registrar to disregard the earlier ap­
plication for the purposes of section 49 and, if he so requests: 
(e) the earlier application shall be so disregarded; and 
(f) neither the applicant nor any other person is capable of 
making use of the earlier application as a basic application for 
the purposes of section 49. Designs Act 1906 
NOTE IPINIl! AUSID/l 
Page 43 
1. The Designs Act 1906 as shown in this reprint comprises Act No. 4, 1906 amended as indicated 
in the Tables below. 
Table of Acts 
Act Number Date of Date of Application, 
and year Assent commencement saving or 
transitional 
provisions 
Designs Act 1906 4, 1906 28 Aug 1906 1 Jan 1907 (see 
Gazette 1907) 
Patents Trade Marks and 19,1910 14 Nov 1910 1 Apr 1911 (see 
Designs Act 1910 Gazette 1911, 
p.881) 
Designs Act 1912 14,1912 6 Nov 1912 6 Nov 1912 
Designs Act 1932 53, 1932 28 Nov 1932 28 Nov 1932 
Patents, Trade Marks and 70, 1932 5 Dec 1932 5 Dsc 1932 
Designs Act 1932 
Designs Act 1933 36, 1933 9 Dec 1933 S. 2: 1 Jan 1933 
Remainder. Royal 
Assent 
Designs Act 1934 42, 1934 4 Aug 1934 4 Aug 1934 
Statute Law Revision Act 45, 1934 6 Aug 1934 6 Aug 1934 
1934 
Statute Law Revision Act 80, 1950 16 Dec 1950 31 Dsc 1950 Ss. 16 and 
1950 17 
Statute Law Revision 93, 1966 29 act 1966 1 Dsc 1966 
(Decimal Currency) Act 
1966 
Designs Act 1967 108, 1967 14 Nov 1967 14 Nov 1967 
Designs Act 1968 64, 1968 27 June Ss. 1-3: Royal 
1968 Assent 
Remainder. 1 May 
1969 (see s. 2 (2) 
and Gazette 1969, 
p.2543) 
Statute Law Revision Act 216,1973 19 Dec 1973 31 Dsc 1973 Ss. 9 (1) and 
1973 10 
Jurisdiction of Courts 19, 1979 28 Mar 1979 Parts II-XVII S. 124 
(Miscellaneous (ss. 3-123): 15 
Amendments) Act 1979 May 1979 (see 
Gazette 1979, No. 
586) 
Remainder. Royal 
Assent 
Designs Amendment Act 42, 1981 13 May 1981 Ss. 1 and 2: Royal 55.36 and 
1981 Assent 37 
Remainder. 1 Apr 
1982 (see Gazette 
1982, No. G12, 
p.4) IP/NIl/ AUS/D/l 
Page 44 
Act 
as 
amended 
by 
Statute Law 
(Miscellaneous 
Amendments) Act 
1981 
Statute Law 
(Miscellaneous 
Provisions) Act (No. 1) 
1985 
Statute Law 
(Miscellaneous 
Provisions) Act (No. 2) 
1985 
Jurisdiction of Courts 
(Miscellaneous 
Amendments) Act 1987 
Circuit Layouts Act 1989 
Industry, Technology and 
Commerce Legislation 
Amendment Act 1989 Designs Act 1906 
NOTE-continued 
Table of Acts -continued 
Number Date Date of Application, 
and year of Assent commencement saving or 
transitional 
provisions 
176, 1981 2 Dec 1981 Part XI (ss. 38-43): 
1 Apr 1982 (see 
s.2 (7) and 
Gazette 1982, No. 
G12, p. 4) (a) 
65, 1985 5 June 1985 5.3: 3 July 1985 
(b) 
193, 1985 16 Dee 1985 S. 3: Royal Assent Ss. 9 and 16 
(c) 
23, 1987 26 May 1987 S. 3: 1 Sept 1987 5.5 
(see Gazette 
1987. No. 5217) 
(d) 
28, 1989 22 May 1989 Ss. 1 and 2: Royal 
Assent 
Remainder. 1 Oct 
1990 (see Gazette 
1990, No. 5261) 
91, 1989 27 June S. 15: 14 Dec S.27 
1989 1988 
Part 4 (ss. 20-25): 
30 Nov 1989 (see 
Gazette 1989, No. 
S371) 
Part 5 (ss. 26, 27): 
1 Aug 1989 (see 
Gazette 1989, No. 
5262) 
Remainder. Royal 
Assent Act 
Industry, Technology and 
Commerce Legislation 
Amendment Act (No. 2) 
1989 
as 
amended 
by 
Patents Act 1990 
Patents Act 1990 
Industry. Technology and 
Commerce Legislation 
Amendment Act 1992 
Maritime Legislation 
Amendment Act 1994 
Industry, Technology and 
Regional Development 
Legislation Amendment 
Act 1994 Designs Act 1906 
NOTE-continued IP/N/l! AUS/D/1 
Page 45 
Table of Acts-continued 
Number Date Date of Application, 
and year of Assent commencement saving or 
transitional 
provisions 
10,1990 17 Jan 1990 Ss. 1 and 2: Royal S. 18 (2) 
Assent 
Ss. 3-10 and Part 
3 (ss. 12, 13): 1 
July 1989 
Ss. 15 (1). 18. Part 
6 (ss. 37-39), 
ss. 41 and 42: 30 
Apr 1991 (see s. 2 
(3}) 
Part 5 (ss. 35, 36): 
15 Dec 1989 {see 
s.2 (4» 
Ss. 21. 22, 27 and 
29: 17 July 1990 
(see s. 2. (6)) 
Remainder: 14 Feb 
1990 
83, 1990 30 act 1990 30 Apr 1991 (see 
s. 2 (2» 
83, 1990 30 act 1990 30 Apr 1991 (see 
s. 2 (2)) 
168, 1992 11 Dec 1992 Part 5 (ss. 14. 15): 
30 July 1975 
Remainder: Royal 
Assent 
20. 1994 15 Feb 1994 1 Aug 1994 (see 
Gazette 1994, No. 
S289) 
58, 1994 9 Apr 1994 29 June 1994 (see S.4 (1) 
Gazette 1994. No. 
S211) 
(a) The DeSigns Amendment Act 1981 was amended by Part XI (sections 38-43) only of the 
Statute Law (Miscellaneous Amendments) Act 1981, subsection 2 (7) of which provides as 
follows: 
• (7) Part XI shall come into operation on the date fixed under subsection 2 (3) of the 
DeSigns Amendment Act 1981.-
(b) The. DeSigns Act 1906 was amended by section 3 only of the Statute Law (Miscellaneous 
Provisions) Act (No. 1) 1985, subsection 2 (1) of which provides as follows: 
• (1) Subject to this section, this Act shall come into operation on the twenty-eighth day 
after the day on which it receives the Royal Assent • 
(c) The DeSigns Act 1906 was amended by section 3 only of the Statute Law (Miscellaneous 
Provisions) Act (No. 2) 1985, subsection 2 (1) of which provides as follows: IP/N/l/~US/D/l 
Page 46; 
Designs Act 1906 
NOTE -continued 
Table of Acts -continued 
-(1) Subject to this section. this Act shall come into operation on the day on which it 
receives the Royal Assent" 
(0') The Designs Act 1906 was amended by section 3 only of the Jurisdiction of Courts 
(Miscellaneous Amendments) Act 1987, subsection 2 (2) of which provides as follows: 
-(2) The amendments made by this Act to an Act specified in the Schedule shall come 
into operation on such day as is fIXed by Proclamation in relation to those amendments." 
Table of Amendments 
ad. = added or inserted am. = amended rep.::I repealed rs. = repealed and substituted 
P revision affected How affected 
Title .................. am. No. 42, 1981 
S. 3 .•••••••.•••••.••• am. No. 45, 1934 
rs. No. 64, 1968 
rep. No. 216, 1973 
S.4 ..••••.••....••••• am. No. 64, 1968; No. 216, 1973; No. 19. 1979; 
rn. No. 42, 1981 (as am. by No. 176, 1981) 
am. No. 193, 1985; No. 23, 1987; No. 28. 1989; Nos. 10 and 83. 
1990; No. 20, 1994 
S.4A .••••••••••.•.••• ad. No. 14, 1912 
am. No. 216, 1973 
rs. No. 19, 1979 
rep. No. 42, 1981 
S. 48 •.•••••••..•.•.•• ad. No. 53, 1932 
am. No. 216,1973 
rep. No. 42, 1981 
S.5 ••••••••..••.•.••• rs. No. 42, 1981 
Ss. 5A, 58 .•.•..••..•.• ad. No. 42, 1981 
am. No. 10, 1990 
S. 6 .••••..••.••..•.•. am. No. 45, 1934 
Heading to Div. 1 of rep. No. 45, 1934 
Part It 
S. 7 •••.••••••••••••••. rs. No. 19, 1910 
rep. No. 216, 1973 
ad. No. 28, 1989 
S. 8 .•..••••.•.....••• am. No. 42, 1981; No. 91, 1989; No. 10, 1990; No. 58, 1994 
S.8A .••.••........•.. ad. No. 42, 1981 
rs. No. 91, 1989; No. 58, 1994 
Div. 2 of Part 11 (5. 11) • . • •• rep. No. 45, 1934 
S. 11 ••••.••••.•.•.••• rep. No. 45, 1934 
ad. No. 10, 1990 
Part III (ss. 12-16) ........ rep. No. 42,1981 
Ss. 12-16 .••••.....•... rep. No. 42, 1981 
S.17 ..••••.••......•. am. No. 42, 1934; No. 64, 1968; No. 42, 1981 
S.17A ••.•.•••.••....• ad. No. 64, 1968 
S. 18 am. No. 42, 1981 
rs. No. 42, 1981 
am. No. 168, 1992 
S. 19 ..•••••••••.....• rs. No. 42, 1981 
S.20 •...••.••.•...... rs. No. 42, 1981 (as am. by No. 176, 1981) Designs Act 1906 
NOTE -continued 
Table of Amendments-continued IP/N/l/AUS/D/l 
Page 47 
ad. = added or inserted am. = amended rep. .. repealed rs. -repealed and substiMed 
Provision affected How affected 
Ss. 20A, 208 ........... ad. No. 10, 1990 
Ss. 21, 22 .............. rs. No. 42, 1981 
S. 22A ................ ad. No. 42, 1981 
S.228 ................ ad. No. 42, 1981 (as am. by No. 176, 1981) 
am. No. 23, 1987 
S. 22C ...•............ ad. No. 42, 1981 
S.23 ................. am. No. 42, 1981 
S.24 ................. rs. No. 42, 1981 
am. No. 23, 1987 
S. 24A ................ ad. No. 64, 1968 
rep. No. 42, 1981 
S.25 ................. rs. No. 42. 1981 
Ss. 25A-25D ............ ad. No. 42, 1981 
S.26 .....•........... am. No. 14, 1912; No. 36, 1933; No. 64, 1968; No. 42, 1981 
S.27 ................. rs. No. 42, 1981 
S.27A .........•...... ad. No. 42, 1981 (as am. by No. 176, 1981) 
am. No. 23, 1987 
S.278 ................ ad. No. 42, 1981 (as am. by No. 176, 1981) 
rs. No. 10, 1990 
S.27C ................ ad. No. 42, 1981 (as am. by No. 176, 1981) 
rep. No. 10, 1990 
S. 28 .....•........... rs. No. 70, 1932 
am. No. 19, 1979; No. 42, 1981 
S.29 ................. am. No. 42, 1934; No. 93, 1966 
rep. No. 42, 1981 
Heading to Part V .•...•.. am. No. 42, 1981 
Heading to Div. 1 of ad. No. 10, 1990 
Part V 
S. 30 ................. rs. No. 108, 1967 
am. No. 216, 1973; No. 42, 1981 
S.31 .•............... rs. No. 42, 1981 
S. 32 ................. am. No. 93, 1966 
rs. No. 42, 1981 
Ss. 32A, 328 ........... ad. No. 42, 1981 
Div. 2 of Part V ad. No. 10, 1990 
(ss. 32C-32G) 
Ss. 32C-32G . . . . . . . . . . .. ad. No. 10, 1990 
S.33 ................. am. No. 10, 1990 
S.35 ................. am. No. 10, 1990 
S. 36 ................. am. No. 65, 1985; No. 10, 1990 
S.37 ................. am. No. 42, 1981; No. 58, 1994 
S.38 .•............... rs. No. 42, 1981 
am. No. 10, 1990 
S.38M ............... ad. No. 42, 1981 (as am. by No. 176, 1981) IP/NIlIAUS/DI 1 
Page 48 
Designs Act 1906 
NOTE -continued 
Table of Amendments-continued 
ad. = added or inserted am. == amended rep. = repealed rn. = repealed and substituted 
Provision aNected How affected 
Ss. 38A. 388 ........... ad. No. 42, 1981 
S.39 ................. am. No. 64, 1968; No. 19, 1979; No. 42, 1981 
S. 40 ................. rep. No. 42, 1981 
Part VIA (ss. 40A, 408) .... ad. No. 19, 1979 
rep. No. 42, 1981 
Part VIA (ss. 40, ad. No. 42, 1981 
40A-40F) 
S.40 ...•.....•....... rs. No. 42, 1981 
am. No. 10, 1990 
Ss. 40A, 408 ........... ad. No. 19, 1979 
rs. No. 42, 1981 
Ss. 40C-40D .....•...... ad. No. 42, 1981 
S.40F ..•••........... ad. No. 42, 1981 
am. No. 65, 1985; No. 10, 1990 
Part VI8 (ss. 40G-40J) ..•. ad. No. 42, 1981 
S.40G ...•.•.........• ad. No. 42,1981 
am. No. 23, 1987 
S.40H .•.•••.••......• ad. No. 42, 1981 
Ss. 401, 40J .••••....... ad. No. 42, 1981 
am. No. 23, 1987 
Part VIC (s. 40K) .•....... ad. No. 42, 1981 
S.40K ...••...•......• ad. No. 42, 1981 
rs. No. 10, 1990 
S.41 •................ am. No. 42, 1981 
rs. No. 42, 1981 (as am. by No. 176, 1981) 
am. No. 10, 1990 
S. 42 ...............•• rs. No. 42, 1981 
am. No. 10, 1990 
S.42A ................ ad. No. 42, 1981 
Ss. 428-42C ............ ad. No. 42, 1981 
am. No. 65, 1985; No. 10, 1990 
S.44 ....•............ am. No. 42, 1981 
S.45 ................. am. No. 93, 1966; No. 42, 1981; No. 65, 1985; No. 10, 1990 
S. 45A .....•.......... ad. No. 65, 1985 
rs. No. 10, 1990 
S. 46 ................. rep. No. 80, 1950 
ad. No. 42, 1981 
S.46A 
S.468 
S.47 
S.48 ad. No. 42, 1981 
ad. No. 42, 1981 
am. No. 23, 1987 
am. No. 42, 1981 
am. No. 70, 1932 
rs. No. 42, 1981 
am. No. 193, 1985; No. 10, 1990; No. 58, 1994 Designs Act 1906 
NOTE-continued 
Table of Amendments-continued IP/NlllAUS/D/l 
Page 49 
ad. = added or inserted am. .. amended rep. = repealed rs. :::I repealed and substituted 
Provision affected How affected 
S.49 ................. rs. No. 42, 1981 
S.50 ....••••••••.•••• ad. No. 42, 1981