IP/N/1/AUS/I/19  
 
18 June 2013  
(13-3158)  Page: 1/58  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/anglais/inglés  
 
 MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
AUSTRALIA  
This document reproduces the text1 of Intellectual Property Legislation Amendment 
Regulation 2012 (No. 1), as notified by Australia on 22 May 2013 under Article 63.2 of the Agreement (see document IP/N/1/AUS/5). 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
AUSTRALIE  
Le présent document contient le texte1 du Règlement de 2012 portant modification de la législation 
relative à la propriété intellectuelle (n° 1), notifié par l'Australie le 22 mai 2013 au titre de 
l'article 63:2 de l'Accord (voir le document IP/N/1/AUS/5).  
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 PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
A
USTRALIA  
En el presente documento se reproduce el texto1 del Reglamento de 2012 que modifica la 
legislación relativa a la propiedad intelectual (Nº 1), notificado por Australia el 22 de mayo 
de 2013 en virtud de lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/AUS/5). 
                                               
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/AUS/I/19 
 
- 2 - 
 
  PP 3-58 - Offset (Pdf file attached) 
PP 3 à 58 - Offset (fichier Pdf joint) PP 3-58 - Offset (fichero Pdf adjunto)   
 
1202874A -120412Z  
 
Intellectual Property Legislation 
Amendment Regulation 2012 
(No. 1)1 
Select Legislative Instrument 2012 No. 66 
I, QUENTIN BRYCE, Governor-General of the Commonwealth 
of Australia, acting with the advice of the Federal Executive 
Council, make the following regulation under the Patents 
Act 1990 , the Trade Marks Act 1995, the De signs Act 2003  and 
the Plant Breeder ’s Rights Act 1994 . 
Dated 10 May 2012 
QUENTIN BRYCE 
Governor-General 
By Her Excellency’s Command  
GREG COMBET  
Minister for Industry and Innovation 
Federal Register of Legislative Instruments F2012L01031
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         - 3 -Contents   
  
 
Page 
 
2 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 2012 , 66 
 
 Contents 
 1 Name of regulation 2 
 2 Commencement 2 
 3 Amendment of Patents Regulations 1991  2 
 4 Amendment of Trade Marks Regulations 1995  3 
 5 Amendment of Designs Regulations 2004  4 
 6 Amendment of Plant Breeder’s Rig hts Regulations 
1994  4 
Schedule 1  Amendments of Patents Regulations 1991  5 
Schedule 2  Amendments of Trade Marks Regulations 1995  29 
Schedule 3  Amendments of Designs Regulations 2004  43 
Schedule 4  Amendments of Plant Breeder’s Rights 
Regulations 1994  52 
 
 
1 Name of regulation 
  This regulation is the Intellectual Property Legislation 
Amendment Regulation 2012 (No. 1). 
2 Commencement 
  This regulation commences as follows: 
 (a) on 1 July 2012: 
 (i)
 sections 1 to 6; and 
 (ii) Parts 1 to 4 of Schedule 1; and 
 (iii) Parts 1 to 4 of Schedule 2; and 
 (iv) Parts 1 to 3 of Schedule 3; and 
 (v) Part  1 of Schedule 4; 
 (b) on 1 October 2012 —the remainder. 
3 Amendment of Patents Regulations 1991 
 (1) Schedule 1 amends the Patents Regulations 1991 .  
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         - 4 -  
  
Section 4 
 
 
2012 , 66 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 3 
 
  (2) The amendments made by Part 1 of Schedule 1 apply in 
relation to a declaration required or permitted by the Patents 
Act 1990  or the Patents Regulations 1991  on or after 1 July 
2012. 
 (3) The amendment made by item [9] of Schedule 1 applies to an 
international application under the Patent Cooperation Treaty, 
irrespective of its international filing date, in respect of which  
the time limit under amended Rule 17.1(b- bis) expires on or 
after 1 July 2012. 
 
(4) The amendment made by item [10] of Schedule 1 applies to an 
international application under the Patent Cooperation Treaty 
whose international filing date is on or after 1 July 2012. 
 (5) The amendments made by items [11] and [12] of Schedule 1 
apply to an international application under the Patent 
Cooperation Treaty, irrespective of its international filing date, 
in respect of which an international search is carried out on or 
after 1 July 2012.  
 
(6) Despite the omission of Rule 82.2 by item [13] of  Schedule 1, 
Rule 82.2 as in force immediately before the commencement of 
Schedule 1 continues to apply to an international application 
under the Patent Cooperation Treaty whose international filing 
date is before 1 July 2012, and in relation to which the six 
months time limit for the submission of evidence referred to in 
Rule 82.1(c), as applicable because of Rule 82.2(b) (in force 
im
mediately before the commencement of Schedule 1), expires 
on or
 after 1 July 2012 . 
 (7 ) The amendment made by item [14] of Schedule 1 applies to an 
int
ernational application under the Patent Cooperation Treaty, 
irrespective of its international filing date, in relation to which 
the six months time limit for the submission of evidence 
referred to in Rule 82quater.1(a) (inserted by item [14]) expires 
on or
 after 1 July 2012. 
4 Amendment of Trade Marks Regulations 1995  
 (1) Schedule 2 amends the Trade Marks Regulations 1995 . 
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         - 5 -  
  
Section 5 
 
 
4 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 2012 , 66 
 
  (2) The amendments made by Part 1 of Schedule 2 apply in 
relation to a declaration required or permitted by the Trade 
Marks Act 1995  or the Trade Marks Regulations 1995  on or 
after 1 July 2012. 
5 Amendment of Designs Regulations 2004  
 (1) Schedule 3 amends the Designs Regulations 2004 . 
 (2) The amendment made by Part 1 of Schedule 3 applies in 
re
lation to a declaration required or permitted by the Designs 
Act 2003  or the Designs Regulations 2004  to be given to the 
Registrar of Designs on or after 1 July 2012. 
6
 Amendment of Plant Breeder’s Rights Regulations 
1994  
  Schedule 4 amends the Plant Breeder’s Rights Regulations 
1994 . 
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         - 6 -Amendments of Patents Regulations 1991  Schedule 1  
  
 
 
 
2012 , 66 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 5 
 
 Schedule 1 Amendments of Patents 
Regulations 1991 
(section 3) 
Part 1 Amendments relating to declarations 
[1] Paragraphs 20.3 (1) (e) and (f) 
omit 
statutory 
[2] Subregulation 20.3 (2) 
omit 
statutory 
[3] Paragraphs 20.31 (3) (b) and (c) 
omit 
statutory 
[4] Subregulation 20.31 (4) 
omit 
statutory 
[5] Regulation 22.13 
substitute 
22.13 Declarations 
 (1) A declaration required or permitted by the Act or these 
Regulations must be in the approved form. 
Note    Declaration forms in the approved form are available on the IP 
Australia website at www.ipaustralia.gov.au . 
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         - 7 -Schedule 1  Amendments of Patents Regulations 1991  
  
 
 
 
6 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 2012 , 66 
 
  (2) A declaration in the form of a statutory declaration, required or 
permitted to be given to a person mentioned in 
subregulation (3), may be given to the person in an electronic 
for
m by a means of electronic communication approved by the 
Commissioner. 
Note    A declaration that is not in the form of statutory declaration may also 
be given in an electronic form by means of an electronic communication: 
see section 11 of the Electronic Transactions Act 1999 .  
 (3) For subregulation (2), the following persons may be given 
declarations, including statutory declarations, in electronic 
form by electronic means: 
 (a) the Commissioner;  
 (b) the Designated Manager;  
 (c) the Disciplinary Tribunal;  
 (d) the Professional Standards Board. 
Part 2 Amendments relating to PCT Rules 
[6] Subregulation 1.4 (2) 
omit 
1 July 2011 
insert 
1 July 2012 
[7] Schedule 2A, before Table of Provisions  
omit 
1 July, 2010  and 1 July, 2011.  
insert 
1 July, 2010 , 1 July, 2011 and 1 July, 2012 . 
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         - 8 -Amendments of Patents Regulations 1991  Schedule 1  
  
 
 
 
2012 , 66 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 7 
 
 [8] Schedule 2A, Table of Provisions 
after 
 82ter.1 Errors Concerning the International Filing Date and the 
Priority Claim 
insert 
Rule 82quater Excuse of Delay in Meeting Time Limits 
 82quater.1 Excuse of Delay in Meeting Time Limits 
[9] Schedule 2A, Rule 17.1 (b- bis) 
substitute 
 (bbis) Where the priority document is, in accordance with the Administrative 
Instructions, made available to the International Bureau from a digital library prior to the 
date of international publication of the international application, the applicant may, 
instead of submitting the priority document, request the International Bureau, prior to the 
date of international publication, to obtain the priority document from such digital library. 
[10] Schedule 2A, Rule 20.7 (b) 
substitute 
 (b) Where neither a correction under Article 11 (2) nor a notice under Rule 20.6 (a) 
confirming the incorporation by reference of an element referred to in 
Article 11 (1) (iii) (d) or (e) is received by the receiving Office prior to the expiration of the 
applicable time limit under paragraph (a), any such correction or notice received by that 
Office after the expiration of that time limit but before it sends a notification to the 
applicant under Rule 20.4 (i) shall be considered to have been received within that time 
limit. 
[11] Schedule 2A, Rule 34.1 (c) (ii) 
substitute 
 (ii) the patents issued by the Federal Republic of Germany, the P eople’s 
Republic of China, the Republic of Korea and the Russian Federation, 
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         - 9 -Schedule 1  Amendments of Patents Regulations 1991  
  
 
 
 
8 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 2012 , 66 
 
 [12] Schedule 2A, Rule 34.1 (e) 
substitute 
 (e) Any International Searching Authority whose official language, or one of whose 
official languages, is not Chinese, Japanese, Korean, Russian or Spanish is entitled not 
to include in its documentation those patent documents of the People’s Republic of 
China, Japan, the Republic of Korea, the Russian Federation and the former Soviet 
Union as well as those patent documents in the Spanish language, respectively, for 
which no abstracts in the English language are generally available. English abstracts 
becoming generally available after the date of entry into force of these Regulations shall 
require the inclusion of the patent documents to which the abstracts refer no later than 
six months after such abstracts become generally available. In case of the interruption of 
abstracting services in English in technical fields in which English abstracts were 
formerly generally available, the Assembly shall take appropriate measures to provide for 
the prompt restoration of such services in the said fields. 
[13] Schedule 2A, Rule 82.2 
omit 
[14] Schedule 2A, after  Rule 82ter 
insert 
Rule 82quater   
Excuse of Delay in Meeting Time Limits 
82quater.1   Excuse of Delay in Meeting Time Limits  
 (a) Any interested party may offer evidence that a time limit fixed in the Regulations 
for performing an action before the receiving Office, the International Searching 
Authority, the Authority specified for supplementary search, the International Preliminary 
Examining Authority or the International Bureau was not met due to war, revolution, civil 
disorder, strike, natural calamity or other like reason in the locality where the interested 
party resides, has his place of business or is staying, and that the relevant action was 
taken as soon as reasonably possible. 
 (b) Any such evidence shall be addressed to the Office, Authority or the 
International Bureau, as the case may be, not later than six months after the expiration of 
the time limit applicable in the given case. If such circumstances are proven to the 
satisfaction of the addressee, delay in meeting the time limit shall be excused. 
 (c) The excuse of a delay need not be taken into account by any designated or 
elected Office before which the applicant, at the time the decision to excuse the delay is 
taken, has already performed the acts referred to in Article 22 or Article 39. 
Federal Register of Legislative Instruments F2012L01031
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         - 10 -Amendments of Patents Regulations 1991  Schedule 1  
  
 
 
 
2012 , 66 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 9 
 
 Part 3 Amendments relating to Convention 
countries 
[15] Schedule 4 
omit 
Netherlands (including the Netherlands Antilles and Aruba) 
insert 
Netherlands (including Aruba, Curaçao and Sint Maarten) 
[16] Schedule 4 
after 
Saint Vincent and the Grenadines 
insert 
Samoa 
Part 4 Amendments relating to fees 
(commencing on 1 July 2012) 
[17] Regulation 1.3 
insert 
approved means , for doing an action or paying a fee, means 
the means specified for the action or payment by the 
Commissioner in a notice made under regulation 22.2AA and 
publi
shed by the Commissioner.  
[18
] Paragraph 22.2 (2) (b) 
omit 
at a hearing  
substitute 
and being heard at an oral hearing 
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         - 11 -Schedule 1  Amendments of Patents Regulations 1991  
  
 
 
 
10 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 2012 , 66 
 
 [19] After paragraph 22.2 (2) (b) 
insert 
 (ba) the fee for a hearing on the basis of written submissions 
only is payable when the written submissions are filed; 
[20] After subregulation 22.2 (5) 
insert 
 (6) Paragraph 211 (a) of Schedule 7, as in force on 1 July 2012, 
applies to: 
 (a) a patent : 
 (i) that has a date of patent of 1 July 2008 or later; and  
 (ii) the fourth anniversary of which falls on or after 
commencement; and 
 (b) a patent application: 
 (i) filed on or after 1 July 2008; and 
 (ii) the fourth anniversary of which falls on or after 
commencement. 
 (7) Paragraph 231 (a) of Schedule 7 , as in force on 1 July 2012, 
does not apply to a person in relation to a hearing held after the 
commencement of this subregulation if :  
 (a) the person requests the hearing, and pays the fee 
mentioned in item 2 30 of Schedule 7, before the 
commencement of this subregulation; or 
 (b) the person pays the fee mentioned in paragraph 231 (a) of 
Schedule 7 for the hearing before the commencement of 
this subregulation; or 
 (c) the hearing relates to a representation or request by the 
person for which the person paid the fee mentioned in 
item 219, 220 or 229 of  Schedule 7 before the 
c
ommencement of this subregulation.  
 (8) Paragraph 231  (b) of Schedule 7 , as in force on 1 July 2012, 
does not apply to a person in relation to a hearing held after the 
commencement of this subregulation if the person pays the fee 
mentioned in paragraph 231 (b) of Schedule 7 for the hearing 
before the commencement of this subregulation. 
Federal Register of Legislative Instruments F2012L01031
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         - 12 -Amendments of Patents Regulations 1991  Schedule 1  
  
 
 
 
2012 , 66 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 11 
 
 [21] After regulation 22.2 
insert 
22.2AA Approved means 
 (1) The Commissioner may, by notice published by the 
Commissioner, specify one or more means for doing an action 
mentioned in Schedule 7 or for paying a fee.  
Examples of actions  
1   Filing a request. 
2   Filing an application. 
 (2) The means may be an electronic means or any other means. 
Note    The means become approved means  when they are published. 
[22] Paragraph 22.2G (4) 
substitute 
 (4) A person cannot appear and be heard at an oral hearing if the 
fee mentioned in paragraph 231  (a) of Schedule 7 has not been 
paid for the person. 
 
(5) A person is not entitled to a hearing on the basis of written 
submissions if the fee mentioned in item 231 A of Schedule 7 
ha
s not been paid. 
[23] Schedule 7 
substitute 
Schedule 7 Fees  
(regulations 22.2, 22.2AA, 22.3 and 22.4) 
Part 1 Patent Attorneys 
 
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         - 13 -Schedule 1  Amendments of Patents Regulations 1991  
  
 
 
 
12 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 2012 , 66 
 
 Item Matter  Fee ($) 
101 Applying for admission to sit for an examination 
conducted by the Board  400 
102 Applying for grant of a supplementary 
examination conducted by the Board  200 
103 Applying for a report of reasons for failure of an 
examination conducted by the Board  200 
104 Applying for registration as a patent attorney  300 
105 Annual registration of a patent attorney  350 
106 Annual registration fee payable for combined 
regis tration as a patent attorney and trade marks 
attorney  550 
107 Applying under regulation 20.29, 20.30 or 20.31  250 
Part 2 General fees 
 
Item Matter  Fee 
201 Filing a request for a patent accompanied by a 
provisional specification:   
  (a) by approved means ; $80 
  (b) by another means  $110  
202 Filing a request for an innovation patent 
accompanied by a complete specification:   
  (a) by approved means ; $150  
  (b) by another means  $180  
203 Filing a request for a standard patent 
accompanied by a complete specification:   
  (a) by approve d means ; $340  
  (b) by another  means  $370  
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         - 14 -Amendments of Patents Regulations 1991  Schedule  1 
  
 
 
 
2012 , 66 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 13 
 
 Item Matter  Fee 
204 Filing a request for an examination, under 
section  45 of the Act, of a standard patent 
request and complete specification for a PCT 
application if the Patent Office has established 
an international preliminary examination 
report under Article 35 of the PCT, other than 
a report under Rule 44bis.1 of the PCT, in 
respect of the application  $300  
205 Filing a request for an examination, under 
section  45 of the Act, of a s tandard patent 
request and complete specification if item  204 
does not apply  $490 
206 Filing a request for a modified examination, 
under section 48 of the Act, of a standard 
patent request and complete specification  $300  
207 Filing a request under parag raph 101A  (b) of 
the Act, by the patentee of an innovation 
patent, for examination of the complete 
specification relating to the innovation patent  $500 
208 Filing a request under paragraph 101A  (b) of 
the Act, by a person other than the patentee of 
an innovation patent, for examination of the 
complete specification relating to the 
innovation patent:   
  (a) payable by the person making the 
request; and  $250 
  (b) payable by the patentee  $250 
209 Filing a request under subsection 44  (3) of the 
Act requ iring the Commissioner to direct an 
applicant to request examination  $100  
210 Filing a request under subsection 97  (2) or 
paragraph 101G  (1) (b) of the Act for 
re-examination of a complete specification  $800  
211 Continuation fee under paragraph 142 (2) (d) 
of the Act, or renewal fee under paragraph 
143 (a) of the Act, for:  
 (a) the fourth anniversary:   
  (i) fee paid by approved means ; $300  
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         - 15 -Schedule 1  Amendments of Patents Regulations 1991  
  
 
 
 
14 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 2012 , 66 
 
 Item Matter  Fee 
  (ii) fee paid by another means ; $350  
  (b) the fifth anniversary :  
  (i) fee paid by approved means ; $300  
  (ii) fee paid by another means ; $350  
  (c) the sixth anniversary :  
  (i) fee paid by approved means ; $300  
  (ii) fee paid by another means ; $350  
  (d) the seventh anniversary :  
  (i) fee paid by approved means ; $300  
  (ii) fee paid by another  means ; $350  
  (e) the eighth anniversary :  
  (i) fee paid by approved means ; $300  
  (ii) fee paid by another means ; $350  
  (f) the ninth anniversary :  
  (i) fee paid by approved means ; $300  
  (ii) fee paid by another means ; $350  
  (g) the tenth anniversary :  
  (i) fee paid by approved means ; $500 
  (ii) fee paid by another means ; $550 
  (h) the eleventh anniversary :  
  (i) fee paid by approved means ; $500 
  (ii) fee paid by another means ; $550 
  (i) the twelfth anniversary :  
  (i) fee paid  by approved means ; $500 
  (ii) fee paid by another means ; $550 
  (j) the thirteenth anniversary :  
  (i) fee paid by approved means ; $500 
  (ii) fee paid by another means ; $550 
  (k) the fourteenth anniversary :  
  (i) fee paid by approved means ; $500 
  (ii) fee paid by another means ; $550 
  (l) the fifteenth anniversary :  
  (i) fee paid by approved means ; $1 120 
  (ii) fee paid by another means ; $1 170 
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         - 16 -Amendments of Patents Regulations 1991  Schedule 1  
  
 
 
 
2012 , 66 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 15 
 
 Item Matter  Fee 
  (m) the sixteenth anniversary :  
  (i) fee paid by approved means ; $1 120 
  (ii) fee paid by  another means ; $1 170 
  (n) the seventeenth anniversary :  
  (i) fee paid by approved means ; $1 120 
  (ii) fee paid by another means ; $1 170 
  (o) the eighteenth anniversary :  
  (i) fee paid by approved means ; $1 120 
  (ii) fee paid by another means ; $1 170 
  (p) the nineteenth anniversary :  
  (i) fee paid by approved means ; $1 120 
  (ii) fee paid by another means ; $1 170 
  (q) if an extension of the term of a standard 
patent is granted under section  76 of the 
Act:  
  (i) the twentieth anniversary , fee paid 
by approved means ; $2 300 
  (ii) the twentieth anniversary, fee paid 
by another means ; $2 350 
  (iii) each subsequent anniversary during 
the period of extension , fee paid by 
approved means ; $2 300 
  (iv) each subsequent anniversary  during 
the period of extension, fee paid by 
another means  $2 350 
 and, in addition, if the fee is not paid on or 
before the anniversary but is paid within 
6 months after the anniversary  $100 for each month, 
or part of a month, in 
the period between 
the a nniversary and 
the day when the fee 
is paid  
212 Renewal fee under paragraph 143A  (d) of the 
Act for:  
 (a) the second anniversary :  
  (i) fee paid by approved means ; $110  
  (ii) fee paid by another means ; $160  
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         - 17 -Schedule  1 Amendments of Patents Regulations 1991  
  
 
 
 
16 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 2012 , 66 
 
 Item Matter  Fee 
  (b) the third anniversary :  
  (i) fee paid by approved means ; $110  
  (ii) fee paid by another means ; $160  
  (c) the fourth anniversary :  
  (i) fee paid by approved means ; $110  
  (ii) fee paid by another means ; $160  
  (d) the fifth anniversary :  
  (i) fee paid by approved means ; $220  
  (ii) fee paid by another means ; $270  
  (e) the sixth anniversary :  
  (i) fee paid by approved means ; $220  
  (ii) fee paid by another means  $270  
  (f) the seventh anniversary :  
  (i) fee paid by approved means ; $220  
  (ii) fee paid by another means  $270  
 and, in addition, if the fee is not paid on or 
before the anniversary but is paid within 
6 months after the anniversary  $100 for each month, 
or part of a month, in 
the period between 
the anniversary and 
the day when the fee 
is paid  
213 Acceptance of a patent request and complete 
specification under section 49 of the Act:   
  (a) for acceptance; and  $250 
  (b) if more than 20 claims are contained in 
the specification at acceptance  $110 for each claim 
in excess of 20  
214 Filing an application or request under 
section  17, 32 or 36 of the Act  $600  
214A  National phase entry of a PCT application 
under paragraph 89  (3) (b) of the Act  $340  
215 Filing a request under subregulation 3.25  (1) 
for the certification referred to in Rule  11.3 (a) 
of the Budap est Treaty  $550  
216 Filing a notice of opposition under 
regulation  5.3 or 5.3AA  $600  
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         - 18 -Amendments of Patents Regulations 1991  Schedule 1  
  
 
 
 
2012 , 66 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 17 
 
 Item Matter  Fee 
217 Filing a request under subregulation 5.5  (1) for 
dismissal of opposition  $600  
218 Filing an application under subregulation 
5.10 (2) for an extension of time  $500  for each month 
or part of a month for 
which the extension 
is sought  
219 Making a representation to the Commissioner, 
under regulation 5.3A or 5.3B or 
subregulation  5.9 (3), objecting to a proposed 
amendment  $600  
220 Making a representation to the Commis sioner 
under subparagraph 5.10  (5) (c) (i) objecting to 
an application or proposed action  $600  
221 Filing an application under section 66 of the 
Act for a duplicate of a patent to be sealed  $250  
222 Filing a request for leave to amend:  
 (a) a complete specification relating to an 
application for a standard patent, before 
a request for examination is filed or after 
the complete specification is accepted; or  
 (b) a complete specification relating to a 
standard patent  $250  
222A  Grant of leave to amend a c omplete 
specification relating to a standard patent, or 
relating to an application for a standard patent, 
after the complete specification is accepted, if:  
 (a) more than 20 claims are contained in the 
complete specification as proposed to be 
amended; and  $110 for each 
additional claim that 
arises as described in 
paragraph (b)  
  (b) the effect of the proposed amendment 
would be to increase the number of 
claims in the complete specification   
223 Filing a request for leave to amend a patent 
request for an innovation patent to make it a 
patent request for a standard patent  $190  
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         - 19 -Schedule 1  Amendments of Patents Regulations 1991  
  
 
 
 
18 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 2012 , 66 
 
 Item Matter  Fee 
224 Filing a request for leave to amend an 
innovation patent:  
 (a) after the patent is granted but before a 
request for examination is filed; or  
 (b) after the patent is certified  $250 
226 Filing an application for an extension of time 
under subsection 223  (2) of the Act on a 
ground specified in paragraph 223  (2) (a) of 
the Act  $100 for each month 
or part of a month for 
which the extension 
is sought  
227 Filing an application under subsection 223  (2) 
of the Act for an extension of time on the 
ground specified in paragraph 223  (2) (b) of 
the Act  $100  
228 Filing an application for an extension of time 
under subsection 223  (2A) of the Act  $100 for each month 
or part of a month for 
whic h the extension 
is sought  
229 Filing a request under regulation 22.22 for the 
exercise of discretionary power  $600  
230 Filing a request for a hearing  $600  
231 Appearing and being heard at an oral hearing 
in person or by other means :  
  (a) for the first day ; $1 000 less any 
amount paid under 
item 219, 220, 229 
or 230 in relation to 
the hearing  
  (b) if the hearing runs for more than a day  $1 000 for each day, 
or part of a day, after 
the first day  
231A  Hearing on the basis of written submissions 
only, where the submission s are filed after the 
notice of hearing or invitation to be heard is 
issued  $600 less any amount 
paid under item 219, 
220, 229 or 230 in 
relation to the hearing  
Federal Register of Legislative Instruments F2012L01031
IP/N/1/AUS/I/19 
         - 20 -Amendments of Patents Regulations 1991  Schedule 1  
  
 
 
 
2012 , 66 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 19 
 
 Item Matter  Fee 
232 Filing a response to the Commissioner’s report 
under section 45  or 48 of the Act, if filed more 
than 12 months, but within 21  months, after 
the date of the first report on the examination  $100 for each month 
or part of a month, 
after the 12 months 
(other than a month in 
respect of which a fee 
was paid under this 
item in relation to the 
examination)  
233 Requesting the supply of a copy of a patent 
specification  $50 
234 Requesting the supply of a copy of a document 
other than a patent specification:   
  (a) for more than 6 documents from a single 
source and supplied at the same time ; $200 plus $1 per page 
for each document in 
excess of 
6 documents  
  (b) otherwise  $50 per document  
235 Requesting the supply of a certificate by the 
Commissioner  $50 
236 Filing a request under subregulation 19.2  (2) 
for information that requires an 
international -type search  $2 200 
238 Filing an application under subsection 70  (1) 
of the Act for the grant of an extension of the 
term of a standard patent  $2 000 
239 Filing an application to the Commissioner, for 
an extension of time under subregulation 
3.17A  (5):  
  (a) if the application is filed on or before the 
date on which notice of acceptance is 
published  $100 per month or 
part of a month  
  (b) if the application is filed after the date on 
which notice of acceptance is published  $150 per month or 
part of a month  
Federal Register of Legislative Instruments F2012L01031
IP/N/1/AUS/I/19 
         - 21 -Schedule 1  Amendments of Patents Regulations 1991  
  
 
 
 
20 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 2012 , 66 
 
 Part 3 General fees for international 
applications 
 
Item Matter  Fee 
301 Transmittal fee under Rule 14 of the PCT  $200  
302 Search fee under Rule 16 of the PCT  $2 200 
303 Additional fee for search under Article 
17 (3) (a) of the PCT  $2 200 
304 Preliminary examination fee under Rule  58 of 
the PCT   
  (a) if the international search report was 
issued by the Patent Office in respect of 
the international application ; $590  
  (b) in other cases  $820  
305 Additional fee for international preliminary 
examination under Article  34 (3) (a) of the 
PCT $590 
306 For a copy of a document in accordance with 
Rule  44.3 (b) or 71.2  (b) of the PCT  $50 
307 Late payment fee under Rule  16bis.2 of the PCT  the greater of:  
 (a) 50% of  the 
amount of the 
unpaid fees 
specified in the 
invitation; and  
   (b) the amount of 
the transmittal 
fee; 
  but not more than 
50% of the 
international filing 
fee, not taking into 
account any fee for 
each sheet of the 
international 
application in excess 
of 30 sheets  
Federal Register of Legislative Instruments F2012L01031
IP/N/1/AUS/I/19 
         - 22 -Amendments of Patents Re gulations 1991  Schedule 1  
  
 
 
 
2012 , 66 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 21 
 
 Item Matter  Fee 
308 For processing a request for restoration of 
priority under Rule  26bis of the PCT.  $200  
Part 5 Amendments relating to fees 
(commencing on 1 October 2012) 
[24] Schedule 7, Part 2 
substitute 
Part 2 General fees 
 
Item Matter  Fee 
201 Filing a request for a patent accompanied by a 
provisional specification:   
  (a) by approved means ; $110  
  (b) by another means  $210  
202 Filing a request for an innovation patent 
accompanied by a complete specification:   
  (a) by approved means ; $180 
  (b) by another means  $280 
203 Filing a request for a standard patent 
accompanied by a complete specification:   
  (a) by approved means ; $370 
  (b) by another means  $470 
204 Filing a request for an examination, under 
section 45 of the Act, of a standard patent 
request and complete specification for a PCT 
application if the Patent Office has established 
an international preliminary examination 
report under Article 35 of the PCT, other than 
a report under Rule 44bis.1 of the PCT, in 
respe ct of the application  $300  
Federal Register of Legislative Instruments F2012L01031
IP/N/1/AUS/I/19 
         - 23 -Schedule 1  Amendments of Patents Regulations 1991  
  
 
 
 
22 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 2012 , 66 
 
 Item Matter  Fee 
205 Filing a request for an examination, under 
section 45 of the Act, of a standard patent 
request and complete specification if item  204 
does not apply  $490  
206 Filing a request for a modified examination, 
under section 48 of the Act, of a standard 
patent request and complete specification  $300  
207 Filing a request under paragraph 101A  (b) of 
the Act, by the patentee of an innovation 
patent, for examination of t he complete 
specification relating to the innovation patent  $500  
208 Filing a request under paragraph 101A  (b) of 
the Act, by a person other than the patentee of 
an innovation patent, for examination of the 
complete specification relating to the 
innovatio n patent:   
  (a) payable by the person making the 
request; and  $250  
  (b) payable by the patentee  $250  
209 Filing a request under subsection 44  (3) of the 
Act requiring the Commissioner to direct an 
applicant to request examination  $100  
210 Filing a request under subsection 97  (2) or 
paragraph 101G  (1) (b) of the Act for 
re-examination of a complete specification  $800  
211 Continuation fee under paragraph 142  (2) (d) 
of the Act, or renewal fee under paragraph 
143 (a) of the Act, for:   
  (a) the fourth anniversary:   
  (i) fee paid by approved  means ; $300  
  (ii) fee paid by another means ; $350 
  (b) the fifth anniversary :  
  (i) fee paid by approved  means ; $300  
  (ii) fee paid by another means ; $350  
  (c) the sixth anniversary:   
  (i) fee paid by approved  means ; $300  
  (ii) fee paid by another means ; $350  
Federal Register of Legislative Instruments F2012L01031
IP/N/1/AUS/I/19 
         - 24 -Amendments of Patents Regulations 1991  Schedule 1  
  
 
 
 
2012 , 66 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 23 
 
 Item Matter  Fee 
  (d) the seventh anniversary :  
  (i) fee paid by approved  means ; $300  
  (ii) fee paid by another means ; $350  
  (e) the eighth anniversary :  
  (i) fee paid by approved  means ; $300  
  (ii) fee paid by another means ; $350  
  (f) the ninth anniversary :  
  (i) fee paid by approved  means ; $300  
  (ii) fee paid by another means ; $350  
  (g) the tenth anniversary :  
  (i) fee paid by approved  means ; $500  
  (ii) fee paid by another means ; $550  
  (h) the eleventh anniversary :  
  (i) fee paid by approved  means ; $500  
  (ii) fee paid by another means ; $550  
  (i) the twelfth anniversary :  
  (i) fee paid by approved  means ; $500  
  (ii) fee paid by another means ; $550  
  (j) the thirteenth anniversary :  
  (i) fee paid by approved  means ; $500  
  (ii) fee paid by another means ; $550  
  (k) the fourteenth anniversary :  
  (i) fee paid by approved  means ; $500  
  (ii) fee paid by another means ; $550  
  (l) the fifteenth anniversary :  
  (i) fee paid by approved  means ; $1 120 
  (ii) fee paid by another means ; $1 170 
  (m) the sixteenth anniversary :  
  (i) fee paid by approved  means ; $1 120 
  (ii) fee paid by another means ; $1 170 
  (n) the seventeenth anniversary :  
  (i) fee paid by approved  means ; $1 120 
  (ii) fee paid by another means ; $1 170 
Federal Register of Legislative Instruments F2012L01031
IP/N/1/AUS/I/19 
         - 25 -Schedule 1  Amendments of Patents Regulations 1991  
  
 
 
 
24 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 2012 , 66 
 
 Item Matter  Fee 
  (o) the eighteenth anniversary :  
  (i) fee paid by approved  means ; $1 120 
  (ii) fee paid by another means ; $1 170 
  (p) the nineteenth anniversary :  
  (i) fee paid by approved  means ; $1 120 
  (ii) fee paid by another means ; $1 170 
  (q) if an extension of the term of a standard 
patent is granted under section  76 of the 
Act:  
  (i) the twentieth anniversary, fee paid 
using by approved means ; $2 300 
  (ii) the twentieth anniversary, fee paid  
by another means ; $2 350 
  (iii) each subsequent anniversary during 
the period of extension, fee paid by 
approved means ; $2 300 
  (iv) each subsequent anniversary during 
the period of extension, fee paid by 
another means  $2 350 
 and, in addition, if the fee is not paid on or 
before the anniversary but is paid within 
6 months after the anniversary  $100 for each month, 
or part of a month, in 
the period between 
the anniversary and 
the day when the fee 
is paid  
212 Renewal fee under paragraph 143A  (d) of the 
Act for:   
  (a) the second anniversary :  
  (i) fee paid by approved means ; $110  
  (ii) fee paid by another means ; $160  
  (b) the third anniversary:   
  (i) fee paid by approved means ; $110  
  (ii) fee paid by another means ; $160  
  (c) the fourth anniversary:   
  (i) fee paid by approved means ; $110  
  (ii) fee paid by another means ; $160  
Federal Register of Legislative Instruments F2012L01031
IP/N/1/AUS/I/19 
         - 26 -Amendmen ts of Patents Regulations 1991  Schedule 1  
  
 
 
 
2012 , 66 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 25 
 
 Item Matter  Fee 
  (d) the fifth anniversary:   
  (i) fee paid by approved means ; $220  
  (ii) fee paid by another means ; $270 
  (e) the sixth anniversary:   
  (i) fee paid by approved means ; $220  
  (ii) fee paid by another means ; $270 
  (f) the seventh anniversary:   
  (i) fee paid by approved means ; $220  
  (ii) fee paid by another means  $270 
 and, in addition, if the fee is not paid on or 
before the anniversary but is paid  within 
6 months after the anniversary  $100 for each month, 
or part of a month, in 
the period between 
the anniversary and 
the day when the fee 
is paid  
213 Acceptance of a patent request and complete 
specification under section 49 of the Act:   
  (a) for acceptance; and  $250  
  (b) if more than 20 claims are contained in 
the specification at acceptance  $110 for each claim 
in excess of 20  
214 Filing an application or request under 
section  17, 32 or 36 of the Act  $600  
214A  National phase entry of a PCT application 
under paragraph 89  (3) (b) of the Act:   
  (a) fee paid by approved means ; $370  
  (b) fee paid by another means  $470 
215 Filing a request under subregulation 3.25  (1) 
for the certification referred to in Rule  11.3 (a) 
of the Budapest Treaty  $550  
216 Filing a notice of opposition under 
regulation  5.3 or 5.3AA  $600  
217 Filing a request under subregulation 5.5  (1) for 
dismissal of opposition  $600  
Federal Register of Legislative Instruments F2012L01031
IP/N/1/AUS/I/19 
         - 27 -Schedule 1  Amendments of Patents Regulations 1991  
  
 
 
 
26 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 2012 , 66 
 
 Item Matter  Fee 
218 Filing an application under 
subregulation  5.10 (2) for an extension of time  $500  for each month 
or part of a month for 
which the extension 
is sought  
219 Making a representation to the Commissioner, 
under regulation 5.3A or 5.3B or 
subregulation  5.9 (3), objecting to a proposed 
amendment  $600  
220 Making a representation to the Commis sioner 
under subparagraph 5.10  (5) (c) (i) objecting to 
an application or proposed action  $600  
221 Filing an application under section 66 of the 
Act for a duplicate of a patent to be sealed  $250  
222 Filing a request for leave to amend:  
 (a) a complete specification relating to an 
application for a standard patent, before 
a request for examination is filed or after 
the complete specification is accepted; or  
 (b) a complete specification relating to a 
standard patent  $250  
222A  Grant of leave to amend a c omplete 
specification relating to a standard patent, or 
relating to an application for a standard patent, 
after the complete specification is accepted, if:  $110 for each 
additional claim that 
arises as described in 
paragraph (b)  
  (a) more than 20 claims  are contained in the 
complete specification as proposed to be 
amended; and   
  (b) the effect of the proposed amendment 
would be to increase the number of 
claims in the complete specification   
223 Filing a request for leave to amend a patent 
request for an innovation patent to make it a 
patent request for a standard patent  $190  
224 Filing a request for leave to amend an 
innovation patent:  
 (a) after the patent is granted but before a 
request for examination is filed; or  
 (b) after the patent is certified  $250  
Federal Register of Legislative Instruments F2012L01031
IP/N/1/AUS/I/19 
         - 28 -Amendments of Patents Regulations 1991  Schedule 1  
  
 
 
 
2012 , 66 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 27 
 
 Item Matter  Fee 
226 Filing an application for an extension of time 
under subsection 223  (2) of the Act on a 
ground specified in paragraph 223  (2) (a) of 
the Act  $100 for each month 
or part of a month for 
which the extension 
is sought  
227 Filing an application under subsection 223  (2) 
of the Act for an extension of time on the 
ground specified in paragraph 223  (2) (b) of 
the Act  $100  
228 Filing an application for an extension of time 
under subsection 223  (2A) of the Act  $100 for each month 
or part of a month fo r 
which the extension 
is sought  
229 Filing a request under regulation 22.22 for the 
exercise of discretionary power  $600  
230 Filing a request for a hearing  $600  
231 Appearing and being heard at an oral hearing 
in person or by other means:   
  (a) for the first day  $1 000 less any 
amount paid under 
item 219, 220, 229 
or 230 in relation to 
the hearing  
  (b) if the hearing runs for more than a day  $1 000 for each day, 
or part of a day, after 
the first day  
231A  Hearing on the basis of written submissions  
only, where the submissions are filed after the 
notice of hearing  or invitation to be heard is 
issued  $600 less any amount 
paid under item 219, 
220, 229 or 230 in 
relation to the hearing  
232 Filing a response to the Commissioner’s report 
under section 4 5 or 48 of the Act, if filed more 
than 12 months, but within 21  months, after 
the date of the first report on the examination  $100 for each month 
or part of a month, 
after the 12 months 
(other than a month in 
respect of which a fee 
was paid under this 
item in relation to the 
examination)  
Federal Register of Legislative Instruments F2012L01031
IP/N/1/AUS/I/19 
         - 29 -Schedule 1  Amendments of Patents Regulations 1991  
  
 
 
 
28 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 2012 , 66 
 
 Item Matter  Fee 
233 Requesting the supply of a copy of a patent 
specification  $50 
234 Requesting the supply of a copy of a document 
other than a patent specification:   
  (a) for more than 6 documents from a single 
source and supplied at  the same time ; $200 plus $1 per page 
for each document in 
excess of 
6 documents  
  (b) otherwise  $50 per document  
235 Requesting the supply of a certificate by the 
Commissioner  $50 
236 Filing a request under subregulation 19.2  (2) 
for information that requires an 
international -type search  $2 200 
238 Filing an application under subsection 70  (1) 
of the Act for the grant of an extension of the 
term of a standard patent  $2 000 
239 Filing an appli cation to the Commissioner, 
for an extens ion of time under 
subregulation  3.17A  (5):  
  (a) if the application is filed on or before the 
date on which notice of acceptance is 
published ; $100 per month or 
part of a month  
  (b) if the application is filed after the date on 
which notice of acceptance is published  $150 per month or 
part of a month  
Federal Register of Legislative Instruments F2012L01031
IP/N/1/AUS/I/19 
         - 30 -Amendments of Trade Marks Regulations 1995  Schedule 2  
  
 
 
 
2012 , 66 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 29 
 
 Schedule 2 Amendments of Trade Marks 
Regulations 1995 
(section 4) 
Part 1 Amendments relating to declarations 
[1] Paragraphs 20.3 (1) (c) and (d) 
omit 
statutory 
[2] Subregulation 20.3 (2) 
omit 
statutory 
[3] Paragraph 21.1 (a) 
omit 
or request 
substitute 
, request or declaration 
[4] Paragraph 21.1 (b) 
omit 
application or request 
insert 
application, request or declaration 
Federal Register of Legislative Instruments F2012L01031
IP/N/1/AUS/I/19 
         - 31 -Schedule 2  Amendments of Trade Marks Regulations 1995  
  
 
 
 
30 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 2012 , 66 
 
 [5] Regulation 21.6 
substitute 
21.6 Declarations 
 (1) A declaration required or permitted by the Act or these 
Regulations must be in an approved form. 
Note    Declaration forms in the approved form are available on the IP 
Australia website at www.ipaustralia.gov.au . 
 (2) A declaration in the form of a statutory declaration, required or 
permitted to be given to a person mentioned in 
subregulation (3), may be given to the person in an electronic 
for
m by a means of electronic communication approved by the 
Registrar. 
Note   A declaration that is not in the form of statutory declaration may also 
be given in an electronic form by means of an electronic communication: 
see section 11 of the Electronic Transactions Act 1999 . 
 (3) For subregulation (2), the following persons may be given 
declarations, including statutory declarations, in electronic 
form by electronic means: 
 (a) the Registrar of Trade Marks;  
 (b) the Designated Manager;  
 (c) the Disciplinary Tribunal;  
 (d) the Professional Standards Board. 
[6] Paragraphs 22.7 (c) and 22.8 (4) (c) 
omit 
statutory 
Federal Register of Legislative Instruments F2012L01031
IP/N/1/AUS/I/19 
         - 32 -Amendments of Trade Marks Regulations 1995  Schedule  2 
  
 
 
 
2012 , 66 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 31 
 
 Part 2 Amendments relating to registration of 
interests or rights 
[7] Subregulations 11.1 (2) and (3) 
substitute 
 (2) A request by a person to amend particulars of a claim to an 
interest in, or to a right in respect of, a trade mark must be: 
 
(a) in writing, in an approved form; and  
 
(b) accompanied by material supporting the person’s 
entitlement to make the request. 
 (3) The Registrar must amend the particulars in accordance with 
the request if: 
 
(a) the request is made in accordance with subregulation (2); 
and 
 (b) the Registrar is reasonably satisfied that the person making 
the request is entitled to make the request.  
[8] Subregulation 17A.61 (2) 
substitute 
 (2) An application by a person under subregulation (1) must: 
 
(a) be made in an approved form; and 
 (b) be accompanied by material supporting the person’s 
interest in, or a right in respect of, the trade mark; and 
 (b) be filed with the Trade Marks Office. 
Federal Register of Legislative Instruments F2012L01031
IP/N/1/AUS/I/19 
         - 33 -Schedule 2  Amendments of Trade Marks Regulations 1995  
  
 
 
 
32 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 2012 , 66 
 
 Part 3 Amendments relating to Convention 
countries 
[9] Schedule 10 
omit 
Netherlands (including the Netherlands Antilles and Aruba) 
insert 
Netherlands (including Aruba, Curaçao and Sint Maarten) 
[10] Schedule 10 
after 
Saint Vincent and the Grenadines 
insert 
Samoa 
Part 4 Amendments relating to fees 
(commencing on 1 July 2012) 
[11] Regulation 2.1 
insert 
approved means , for doing an action, means the means 
specified for the action by the Registrar in a notice made under 
regulation 21. 21AA and published by the Registrar.  
[12
] After subregulation 21.21 (7) 
insert 
 (8 ) Item 16 of Schedule  9, as in force on 1 July 2012, does not 
apply to a person in relation to a hearing held after th e 
commencement of this subregulation if  the person: 
 (a) requests the hearing, and pays the fee mentioned in 
item 14 of Schedule  9, before the commencement of this 
subregulation; or 
Federal Register of Legislative Instruments F2012L01031
IP/N/1/AUS/I/19 
         - 34 -Amendments of Trade Marks Regulations 1995  Schedule 2  
  
 
 
 
2012 , 66 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 33 
 
  (b) pays the fee mentioned in item 1 6 of Schedule 9  for the 
hearing before the commencement of this subregulation.  
 (9 ) Item 17 of Schedule  9, as in force on 1 July 2012, does not 
apply to a person in relation to a hearing held after the 
commencement of this subregulation if  the person: 
 (a) pays the fee mentioned in item 1 5 of Schedule 9 for the 
he
aring before the commencement of this subregulation ; 
or 
 (b) pays the fee mentioned in item 17 of Schedule 9 for the 
hearing before the commencement of this subregulation. 
[13
] After regulation 21.21  
insert 
21.21AA Approved means 
 (1) The Registrar may, by notice published by the Registrar, 
spec
ify one or more means for doing an action mentioned in 
Schedule 9.  
E
xample of action  
Filing an application. 
 (2) The means may be an electronic means or any other means. 
Note    The means become a pproved means  when they are published. 
[14] Schedule 9 
substitute 
Schedule 9 Fees 
(regulations 21.21 and 21.21AA) 
Federal Register of Legislative Instruments F2012L01031
IP/N/1/AUS/I/19 
         - 35 -Schedule 2  Amendments of Trade Marks Regulations 1995  
  
 
 
 
34 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 2012 , 66 
 
 Item Matter  Fee 
1 Filing an application to register a trade mark 
under subsection 27  (5) or 45  (1) of the Act in 
respect of goods or services in 1 or more of the 
prescribed classes:   
  (a) by approved means ; $120 for each class  
  (b) by another means  $180 for each class  
 and, in addition, if the goods and services are 
specified in the application otherwise than by 
using the official Goods and Services pick list  $40 for each class  
  (c) by AFS request mentioned in 
regulation  4.2A  $90 for each class  
3 Filing an application to register 2 or more trade 
marks as a series under section 51 of the Act:   
  (a) by approved means ; $270 for each class  
  (b) by another means  $330 for each class  
  and, in addition, if the goods and services are 
specified in the application otherwise than by 
using the official Goods and Services pick list  $40 for each class  
4 Requesting an amendment under section  64, 65 or 
65A of the Act to include an additional prescribed 
class of goods or services in an application:   
  (a) application under section 51 for a series of 
trade marks ; $330 for each  class  
  (b) any other case  $180 for each class  
5 Filing an application for an extension of:  
 (a) a period under subregulation  4.12 (3) or 
regulation  17A.20; or  
 (b) time under regulation 21.25  $100 for each month 
or part of a month for 
which the extension 
is sought  
6 Filing an application for an extension of:  
 (a) a period under regulation 5.15 (including 
regulation 5.15 as applied by 
regulation  17A.33); or  
 (b) time under regulation 5.2 or 17A.30  $150 for each month 
or part of a month for 
which the extension 
is sought  
7 Filing a notice of opposition under:   
  (a) section 52 of the Act; or  $250  
Federal Register of Legislative Instruments F2012L01031
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         - 36 -Amendments of Trade Marks Regulations 1995  Schedule 2  
  
 
 
 
2012 , 66 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 35 
 
 Item Matter  Fee 
  (b) section 96 of the Act (including section 96 
as applied by regulation  17A.48); or  $150  
  (c) subsection 224  (6) of the Act; or  $250  
  (d) regulation 17A.29 ; or $250  
  (e) section 65A of the Act  $250  
8 Filing an application for permission to serve a 
copy of further evidence in opposition 
proceedings under paragraph  5.15 (1) (b) 
(including paragraph 5.15  (1) (b) as applied by 
regulation 17A.33)  $100  
9 Single registration of a trade mark under 
section  68 of the Act in respect of goods or 
services in 1  or more of the prescribed classes  $300 for each class  
10 Renewal of a single registration of a trade mark 
under section  75 of the Act in respect of goods or 
services in 1 or  more of the prescribed classes   
  (a) fee paid by approved means ; $300 for each class  
  (b) fee paid by another means  $350 for each class  
 and, in addition, if the request for renewal is made 
within 6 months  after the expiry date to which 
section 79 of the Act refers  $100 for each class 
for each month, or 
part of a month, after 
the expiry date  
11 Each potential renewal period requested by a 
person under section 80D of the Act in respect of 
goods or services in 1 or more of the prescribed 
classes  $350 for each class  
12 Each potential renewal period requested by a 
person under paragraph 80G  (1) (b) of the Act in 
respect of goods and services in 1 or more of the 
prescribed classes  $350 for each class  
 and, in addition, if the request for renewal is made 
within 10 months after the end of the prescribed 
period, regardless of the number of potential 
renewal periods requested  $100 for each class 
for each month, or 
part of a month, after 
the end of the 
prescribed pe riod 
Federal Register of Legislative Instruments F2012L01031
IP/N/1/AUS/I/19 
         - 37 -Schedule 2  Amen dments of Trade Marks Regulations 1995  
  
 
 
 
36 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 2012 , 66 
 
 Item Matter  Fee 
13 Filing an application for removal of a trade mark 
from the Register:  
 (a) for non -use under section 92 of the Act; or  
 (b) for cessation of protection for non -use 
under subregulation 17A.48  (1) $250  
14 Request for a n oral  hearing under:  
 (a) regulation 5.14 (including regulation 5.14 as 
applied by regulation 17A.33); or  
 (b) regulation 9.4, (including regulation 9.4 as 
applied by regulation 17A.48)  $600 
15 Request for an oral  hearing in relation to any 
other matter  $400 
16 Request to attend an oral hearing  under:  
 (a) regulation 5.14 (including regulation 5.14 as 
applied by regulation 17A.33); or  
 (b) regulation 9.4 (including regulation 9.4 as 
applied by regulation 17A.48)  $600 for each day, or 
part of a day, less 
any amount paid 
under item  14 in 
relation to the 
hearing  
17 Request to attend an oral hearing  in relation to 
any other matter  $400 less any amount 
paid under item 15  in 
relation to the 
hearing  
17A Request for hearing on the basis of written 
submissions only, where the submissions are filed 
after the notice of hearing or invitation to be heard 
is issued  $100  
18 Handling an application for the international 
registration o f a trade mark under 
regulation  17A.7  $100  
19 Transmitting a renewal fee for the international 
registration of a  trade mark under Article 7 of the 
Madrid Protocol  $100  
20 Requesting  a decision under 
subregulation  21.16  (2) $300  
21 Supply of a certificate signed by the Registrar 
under section 211 of the Act  $50 
Federal Register of Legislative Instruments F2012L01031
IP/N/1/AUS/I/19 
         - 38 -Amendments of Trade Marks Regulations 1995  Schedule 2  
  
 
 
 
2012 , 66 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 37 
 
 Item Matter  Fee 
21A Supply of a duplicate of a certificate signed by the 
Registrar under section 211 of the Act  $250  
22 Supply of a copy of an extract from the Register 
or the Record of International Registrations  $50 
23 Supply of a copy of a document for which a 
search is required  $100  
25 Applying for admission to sit for an examination 
conducted by the Board  $400  
26 Applying for a grant of a supplementary 
examination conducted by the Board  $200  
27 A report of reasons for failure of an examination 
conducted by the Board  $200  
28 Applying for registration as a trade marks 
attorney  $200 
29 Annual registration of a trade marks attorney  $350 
30 Annual registration fee payable for combined 
registration as a trade marks attorney and patent 
attorney  $550 
31 Applying to be restored to the Register, as 
authorised by regulation 20.14  $250 
32 AFS request under regulation 3A.3  $90 for each class  
33 Inclusion of an additional class of goods or 
services in an AFS request under paragraph 3A.3 
(5) (c) or 3A.5 (2) (f)  $90 for each class  
34 Inclusion of an amendment in an AFS request that 
significantly changes the graphical representation 
of a trade mark under  paragraph 3A.5 (2) (f)  $90 for each class  
35  (a) request for a copy of a file or part of a file 
under regulation 21.11A ; $30 for each file that 
is the subject of a 
request  
  (b) for each request of 20 pages or less ; no additional charge  
  (c) for each request involving more than 
20 pages from a single file  $1 for each 
additional page over 
20 from the file  
Federal Register of Legislative Instruments F2012L01031
IP/N/1/AUS/I/19 
         - 39 -Schedule 2  Amendments of Trade Marks Regulations 1995  
  
 
 
 
38 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 2012 , 66 
 
 Part 5 Amendments relating to fees 
(commencing on 1 October 2012) 
[15] Schedule 9 
substitute 
Schedule 9 Fees 
(regulations 21.21 and 21.21AA) 
Item Matter  Fee 
1 Filing an application to register a trade mark 
under subsection 27  (5) or 45  (1) of the Act in 
respect of goods or services in 1 or more of the 
prescribed classes:   
  (a) by approved means ; $120 for each class  
  (b) by another means  $220 for each class  
 and, in addition, if the goods and services are 
specified in the application otherwise than by 
using the official Goods and Services pick list  $80 for each class  
  (c) by AFS request mentioned in 
regulation  4.2A  $120 for each class  
3 Filing an application to register 2 or more trade 
marks as a series under section 51 of the Act:   
  (a) by approved means ; $270 for each class  
  (b) by another means  $370 for each class  
  and, in addition, if the goods and services are 
specified in the application otherwise than by 
using the official Goods and Services pick list  $80 for each class  
4 Requesting an amendment under section  64, 65  
or 65A of the Act to include an additional 
prescribed class of goods or services in an 
application:   
  (a) application under section 51 for a series of 
trade marks ; $370 for each class  
  (b) any other case  $220 for each class  
Federal Register of Legislative Instruments F2012L01031
IP/N/1/AUS/I/19 
         - 40 -Amendments of Trade Marks Regulations 1995  Schedule 2  
  
 
 
 
2012 , 66 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 39 
 
 Item Matter  Fee 
5 Filing an application for an extension of:  
 (a) a period under subregulation  4.12 (3) or 
regulation  17A.20; or  
 (b) time under regulation 21.25  $100 for each month 
or part of a month for 
which the extension 
is sought  
6 Filing an application for an extension of:  
 (a) a period under regulation 5.15 (including 
regulation 5.15 as applied by 
regulation  17A.33); or  
 (b) time under regulation 5.2 or 17A.30  $150 for each month 
or part of a month for 
which the extension 
is sought  
7 Filing a notice of opposition under:   
  (a) section 52 of the Act; or  $250  
  (b) section 96 of the Act (including section 96 
as applied by regulation  17A.48); or  $150  
  (c) subsection 224  (6) of the Act; or  $250  
  (d) regulation 17A.29 ; or 
 (e) section 65A of the Act  $250  
$250  
8 Filing an application for permission to serve a 
copy of further evidence in opposition 
proceedings under paragraph  5.15 (1) (b) 
(including paragraph 5.15  (1) (b) as applied by 
regulation 17A.33)  $100  
9 Single registration of a trade mark under 
section  68 of the Act in respect of goods or 
services in 1  or more of the prescribed classes  $300 for each class  
10 Renewal of a single registration of a trade mark 
under section 75 of the Act in respect of goods 
or services in 1 or  more of the prescribed 
classes:   
  (a) fee paid by approved means ; $300 for each class  
  (b) fee paid by another means  $350 for each class  
 and, in addition, if the request for renewal is 
made within 6 months  after the expiry date to 
which section 79 of the Act refers  $100 for each class 
for each month, or 
part of a month, after 
the expiry date  
Federal Register of Legislative Instruments F2012L01031
IP/N/1/AUS/I/19 
         - 41 -Schedule 2  Amendments of Trade Marks Regulations 1995  
  
 
 
 
40 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 2012 , 66 
 
 Item Matter  Fee 
11 Each potential renewal period requested by a 
person under section 80D of the Act in respect 
of goods or services in 1 or more of the 
prescribed classes  $350 for each class  
12 Each potential renewal period requested by a 
person under paragraph 80G  (1) (b) of the Act in 
respect of goods and services in 1 or more of the 
prescribed classes  $350 for each class  
 and, in addition, if the request for renewal is 
made within 10 months after the end of the 
prescribed  period, regardless of the number of 
potential renewal periods requested  $100 for each class 
for each month, or 
part of a month, after 
the end of the 
prescribed period  
13 Filing an application for removal of a trade mark 
from the Register:  
 (a) for non -use under section 92 of the Act; or  
 (b) for cessation of protection for non -use 
under subregulation 17A.48  (1) $250  
14 Request for an oral hearing under:  
 (a) regulation 5.14 (including regulation 5.14 
as applied by regulation 17A.33); or  
 (b) regulation  9.4, (including regulation 9.4 as 
applied by regulation 17A.48)  $600  
15 Request for an oral hearing in relation to any 
other matter  $400  
16 Request to attend an oral hearing under:  
 (a) regulation 5.14 (including regulation 5.14 
as applied by regulation  17A.33); or  
 (b) regulation 9.4 (including regulation 9.4 as 
applied by regulation 17A.48)  $600 for each day, or 
part of a day, less 
any amount paid 
under item  14 in 
relation to the 
hearing  
17 Request to attend an oral hearing in relation to 
any other ma tter $400 less any 
amount paid under 
item 15  in relation to 
the hearing  
Federal Register of Legislative Instruments F2012L01031
IP/N/1/AUS/I/19 
         - 42 -Amendments of Trade Marks Regulations 1995  Schedule 2  
  
 
 
 
2012 , 66 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 41 
 
 Item Matter  Fee 
17A Request for hearing on the basis of written 
submissions only, where the submissions are 
filed after the notice of hearing or invitation to 
be heard is issued  $100  
18 Handling an application for the international 
registration o f a trade mark under 
regulation  17A.7  $100  
19 Transmitting a renewal fee for the international 
registration of a trade mark under Article 7 of 
the Madrid Protocol  $100  
20 Requesting  a decision under 
subregulation  21.16  (2) $300  
21 Supply of a certificate signed by the Registrar 
under section 211 of the Act  $50 
21A Supply of a duplicate of a certificate signed by 
the Registrar under section 211 of the Act  $250  
22 Supply of a copy o f an extract from the Register 
or the Record of International Registrations  $50 
23 Supply of a copy of a document for which a 
search is required  $100  
25 Applying for admission to sit for an examination 
conducted by the Board  $400  
26 Applying for a grant  of a supplementary 
examination conducted by the Board  $200  
27 A report of reasons for failure of an examination 
conducted by the Board  $200  
28 Applying for registration as a trade marks 
attorney  $200 
29 Annual registration of a trade marks attorney  $350 
30 Annual registration fee payable for combined 
registration as a trade marks attorney and patent 
attorney  $550 
31 Applying to be restored to the Register, as 
authorised by regulation 20.14  $250 
32 AFS request under regulation 3A.3  $80 for each class  
Federal Register of Legislative Instruments F2012L01031
IP/N/1/AUS/I/19 
         - 43 -Schedule 2  Amendments o f Trade Marks Regulations 1995  
  
 
 
 
42 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 2012 , 66 
 
 Item Matter  Fee 
33 Inclusion of an additional class of goods or 
services in an AFS request under paragraph 
3A.3 (5) (c) or 3A.5 (2) (f)  $120 for each class  
34 Inclusion of an amendment in an AFS request 
that significantly changes the graphical 
representation of a trade  mark under  
paragraph  3A.5 (2) (f)  $120 for each class   
35  (a) request for a copy of a file or part of a file 
under regulation 21.11A ; $30 for each file that 
is the subject of a 
request  
  (b) for each request of 20 pages or less ; no additional charge  
  (c) for each  request involving more than 
20 pages from a single file  $1 for each 
additional page over 
20 from the file  
Federal Register of Legislative Instruments F2012L01031
IP/N/1/AUS/I/19 
         - 44 -Amendments of Designs Regulations 2004  Schedule 3  
  
 
 
 
2012 , 66 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 43 
 
 Schedule 3 Amendments of Designs 
Regulations 2004 
(section 5) 
Part 1 Amendment relating to declarations 
[1] Regulation 11.26 
substitute 
11.26 Declarations 
 (1) A declaration required or permitted by the Act or these 
Regulations to be given to the Registrar must be in the 
approved form. 
Note    Declaration forms in the approved form are available on the IP 
Australia website at www.ipaustralia.gov.au . 
 (2) A declaration in the form of a statutory declaration, required or 
permitted to be given to the Registrar, may be given to the 
Registrar in an electronic form by a means of electronic 
communication approved by the Registrar. 
Note   A declaration that is not in the form of statutory declaration may also 
be given in an electronic form by means of an electronic communication: 
see section 11 of the Electronic Transactions Act 1999 . 
Part 2 Amendments relating to Convention 
countries 
[2] Schedule 1 
omit 
Netherlands (including the Netherlands Antilles and Aruba) 
insert 
Netherlands (including Aruba, Curaçao and Sint Maarten) 
Federal Register of Legislative Instruments F2012L01031
IP/N/1/AUS/I/19 
         - 45 -Schedule 3  Amendments of Designs Regulations 2004  
  
 
 
 
44 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 2012 , 66 
 
 [3] Schedule 1 
after 
Saint Vincent and the Grenadines 
insert 
Samoa 
Part 3 Amendments relating to fees 
(commencing on 1 July 2012) 
[4] Regulation 1. 04 
insert 
approved means , for doing an action, means the means 
specified for the action by the Registrar in a notice made under 
regulation 11.01A and published by the Registrar.  
[
5] After subregulation 11.01 (6) 
insert
 
Transitional 
 (7) Paragraph 12  (a) of Schedule 4 , as in force on 1 July 2012, 
does not apply to a person in relation to a hearing held after the 
commencement of thi s subregulation if: 
 
(a) the person requests the hearing, and pays the fee 
mentioned in item 11 of Schedule 4, before the 
c
ommencement of this subregulation; or 
 (b) the person pays the fee mentioned in paragraph 12 (a) of 
of Schedule 4  for the hearing before the commencement of 
this subregulation; or 
 (c) the hearing relates to a request or application by the person 
for which the person paid the fee mentioned in item 10 of 
S
chedule 4  before the commencement of this 
subregulation.  
Federal Register of Legislative Instruments F2012L01031
IP/N/1/AUS/I/19 
         - 46 -Amendments of Designs Regulations 2004  Schedule 3  
  
 
 
 
2012 , 66 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 45 
 
  (8) Paragraph 12  (b) of Schedule 4 , as in force on 1 July 2012, 
does not apply to a person in relation to a hearing held after the 
commencement of this subregulation if the person pays the fee 
mentioned in paragraph 12 (b) o f Schedule  4 for the hearing 
before the commencement of this subregulation. 
[6] After regulation 11.01 
insert 
11.01A Approved means 
 (1) The Registrar may, by notice published by the Registrar, 
spec
ify one or more means for doing an action mentioned in 
Schedule 4.  
Examples of actions  
1   Filing a request. 
2   Filing an application. 
 (2) The means may be an electronic means or any other means. 
Note    The means become approved means  when they are published. 
[7] Schedule 4 
substitute 
Schedule 4 Fees 
(regulations 11.01 and 11.01A) 
Federal Register of Legislative Instruments F2012L01031
IP/N/1/AUS/I/19 
         - 47 -Schedule 3  Amendments of Designs Regulations 2004  
  
 
 
 
46 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 2012 , 66 
 
 Item Matter  Fee 
1 Filing a design application  $200 for each design 
identified, by the applicant, as 
being a separate design 
disclosed in the application  
2 Filing a request for registration covering 
a further design  $200 for each further design 
covered by the request  
3 Filing a request, by the registered owner 
of a design, for examination of the 
design  $420 
4 Filing a request, by a person other than 
the registered owner of a design, for 
examination of a design   (a) payab le by the person 
filing the request —$210; 
and 
 (b) payable by the registered 
owner —$210 
5 Filing an application for renewal of the 
registration of a design   
  (a) by approved means  $320 
  (b) by another means  $370  
 and in addition, if the fee is paid after 
the expiry of 5 years from the day when 
the term of registration of the design 
starts  $100 for each month or part of 
a month after the expiry of the 
5 years and before the fee is 
paid (maximum $600)  
6 Lodging a r equest for an extension of 
the period of registration:   
  (a) under subsection 27A  (2) of the 
old Act within the meaning of 
section 161 of the Act (the first 
extension) ;  (a) $55 
  (b) under subsection 27A  (12) of the 
old Act (the second extension) ;  (b) $90 
  (c) under subsection 27A  (13) of the 
old Act (the third extension)   (c) $135  
Federal Register of Legislative Instruments F2012L01031
IP/N/1/AUS/I/19 
         - 48 -Amendments of Designs Regulations 2004  Schedule 3  
  
 
 
 
2012 , 66 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 47 
 
 Item Matter  Fee 
7 Filing an application for an extension of 
time on the ground specified in 
paragraph 137  (2) (a) of the Act  $100 for each month or part of 
a month for which the 
extensio n is sought  
8 Filing an application for an extension of 
time on the ground specified in 
paragraph 137  (2) (b) of the Act  $100  
9 Filing a notice of opposition  $550  
10 Filing any 1 of the following:  $500  
  (a) a request for a determination 
under section 29 of the Act;   
  (b) a request for a direction under 
section 30 of the Act;   
  (c) an application under section  51 of 
the Act for revocation of the 
registration of a design;   
  (d) a request under 
paragraph  11.22  (3) (c) for the 
exercise of the Registr ar’s 
discretionary powers;   
  (e) a request for the exercise of the 
Registrar’s discretionary powers 
not mentioned in the above 
paragraphs   
11 Filing a request for a hearing  $600 
12 Appearing at a hearing   (a) for the first day —$600 
less any amount paid  
under item  10 or 11  in 
relation to the hearing; 
and 
   (b) if the hearing runs for 
more than a day —$600 
for each day or part of a 
day after the first day  
Federal Register of Legislative Instruments F2012L01031
IP/N/1/AUS/I/19 
         - 49 -Schedule 3  Amendments of Designs Regulations 2004  
  
 
 
 
48 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 2012 , 66 
 
 Item Matter  Fee 
13 Filing a request for the supply, by the 
Registrar, of:  
 (a) a duplicate certificate of 
registration; or  
 (b) a duplicate certificate of 
examination  $250  
14 Filing a request for the supply, by the 
Registrar, of a copy of an extract from 
the Register   (a) $50 for the document; or  
 (b) if a search is required for 
the document —$100 for 
the docu ment  
15 Filing a request for the supply, by the 
Registrar, of a copy of a document other 
than an extract from the Register   (a) $50 for the document; or  
 (b) if a search is required for 
the document —$100 for 
the document  
16 Filing a request for certification of a 
document  $50 
Part 4 Amendments relating to fees 
(commencing on 1 October 2012) 
[8] Schedule 4 
substitute 
Schedule 4 Fees 
(regulations 11.01 and 11.01A) 
Federal Register of Legislative Instruments F2012L01031
IP/N/1/AUS/I/19 
         - 50 -Amendments of Designs Regulations 2004  Schedule 3  
  
 
 
 
2012 , 66 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 49 
 
 Item Matter  Fee 
1 Filing a design application  
 (a) by approved means;  $250 for each design 
identified, by the applicant, as 
being a separate design 
disclosed in the application  
  (b) by another means  $350 for each design 
identified, by the applicant, as 
being a separate design 
disclosed in the application  
2 Filing a  request for registr ation 
covering a further design   
  (a) by approved means;  $250 for each furthe r design 
covered by the request  
  (b) by an other means  $350 for each further design 
covered by the request  
3 Filing a request, by the registered 
owner of a  design, for examination of 
the design  $420  
4 Filing a request, by a person other than 
the registered owner of a design, for 
examination of a design   (a) payable by the person 
filing the request —$210; 
and 
 (b) payable by the registered 
owner —$210  
5 Filing an application for renewal of the 
registration of a design   
  (a) by approved means  $320  
  (b) by another means  $370  
 and, in addition, if the fee is paid after 
the expiry of 5 years from the day 
when the term of registration of the 
design starts   $100 for each month or part of 
a month after the expiry of the 
5 years and before the fee is 
paid (maximum $600)  
6 Lodging a request for an extension of 
the period of registration:   
  (a) under subsection 27A  (2) of the 
old Act within the meaning  of 
section 161 of the Act (the first 
extension) ;  (a) $55; 
Federal Register of Legislative Instruments F2012L01031
IP/N/1/AUS/I/19 
         - 51 -Schedule 3  Amendments of Designs Regulations 2004  
  
 
 
 
50 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 2012 , 66 
 
 Item Matter  Fee 
  (b) under subsection 27A  (12) of the 
old Act (the second extension) ;  (b) $90; 
  (c) under subsection 27A  (13) of the 
old Act (the third extension)   (c) $135  
7 Filing an application for an extension 
of time on the ground specified in 
paragraph 137  (2) (a) of the Act  $100 for each month or part 
of a month for which the 
extension is sought  
8 Filing an application for an extension 
of time on the ground specified in 
paragraph 137  (2) (b) of the  Act $100  
9 Filing a notice of opposition  $550  
10 Filing any 1 of the following:  $500  
  (a) a request for a determination 
under section 29 of the Act;   
  (b) a request for a direction under 
section 30 of the Act;   
  (c) an application under section  51 
of the Act for revocation of the 
registration of a design;   
  (d) a request under 
paragraph  11.22  (3) (c) for the 
exercise of the Registrar’s 
discretionary powers;   
  (e) a request for the exercise of the 
Registrar’s discretionary powers 
not mentioned in the above 
paragraphs   
11 Filing a request for a hearing  $600  
12 Appearing at a hearing   (a) for the first day —$600 
less any amount paid 
under item  10 or 11  in 
relation to the hearing; 
and 
   (b) if the hearing runs for 
more than a day —$600 
for each day or part of 
a day after the first day  
Federal Register of Legislative Instruments F2012L01031
IP/N/1/AUS/I/19 
         - 52 -Amendments of Designs Regulations 2004  Schedule 3  
  
 
 
 
2012 , 66 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 51 
 
 Item Matter  Fee 
13 Filing a request for the supply, by the 
Registrar, of:  
 (a) a duplicate certificate of 
registration; or  
 (b) a duplicate certificate of 
examination  $250  
14 Filing a request for the supply, by the 
Registrar, of a copy of an extract from 
the Register   (a) $50 for the document; 
or 
 (b) if a search is required 
for the document —
$100 for the document  
15 Filing a request for the supply, by the 
Registrar, of a copy of a document 
other than an extract from the Register   (a) $50 for the document; 
or 
 (b) if a search is required 
for the document —
$100 for the document  
16 Filing a request for certification of a 
document  $50 
Federal Register of Legislative Instruments F2012L01031
IP/N/1/AUS/I/19 
         - 53 -Schedule 4  Amendments of Plant Breeder’s Rights Regula tions 1994  
  
 
 
 
52 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 2012 , 66 
 
 Schedule 4 Amendments of Plant 
Breeder’s Rights Regulations 
1994 
(section 6) 
Part 1 Amendments relating to fees 
(commencing on 1 July 2012) 
[1] Subregulation 3 (1) 
insert 
approved means , for doing an action, means the means 
specified for the action by the Registrar in a notice made under 
regulation 4A and published by the Registrar.  
[
2] After regulation 4 
insert 
4A Approved means 
 (1) The Registrar may, by notice published by the Registrar, 
spec
ify one or more means for doing an action mentioned in 
the Schedule.  
Examples of actions  
1   Making a request. 
2   Lodging an application. 
 (2) The means may be an electronic means or any other means. 
Note    The means become approved means  when they are published. 
Federal Register of Legislative Instruments F2012L01031
IP/N/1/AUS/I/19 
         - 54 -Amendments of Plant Breeder’s Rights Regulations 1994  Schedule 4  
  
 
 
 
2012 , 66 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 53 
 
 [3] Schedule 
substitute 
Schedule Fees 
(regulations 4 and 4A) 
Item Act, service or occasion in respect of which fee is payable  Fee 
1A Designation of an approved person under section 8  $50  
1B Renewal of designation of an approved person  $50  
1 On making a request under subsection 19 (4), whether or 
not the request includes a request  under subsection  19 (10)  $500  
2 On making a request for  a certificate under 
subsection  19 (11)  $100  
3 Amendment of the register on notification of assignment 
under section 21  $100  
4 On lodgment of an application under section 26  $300  
5 On making a request for a variation of an application under 
subsection 31 (1)  $100  
6 On lodgment of a detailed description under section 34 for:  
 (a) a variety tested under section 37 to establish that the 
variety is distinct, uniform and stable:   
  (i) if the testing is conducted by an authorised 
establishment;  $920 
  (ii) in any other case ; $1 610 
  (b) a variety to which subsec tion 38 (3), (4) or (5) 
applies;  $1 610 
  (c) each of 2 or more varieties of the same plant species 
tested simultaneously at the same site in Australia 
under section 37 to establish that the varieties are 
distinct, uniform and stable, for which a complete 
application and detailed description are lodge d on the 
same day by the same approved person or applicant 
or agent of the applicant under section 34  $1 380 
7 On lodgment of an objection under section 35  $100  
Federal Register of Legislative Instruments F2012L01031
IP/N/1/AUS/I/19 
         - 55 -Schedule 4  Amendments of Plant Breeder’s Rights Regula tions 1994  
  
 
 
 
54 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 2012 , 66 
 
 Item Act, service or occasion in respect of which fee is payable  Fee 
8 On making a request for a copy of an application, an 
objection or a detailed description under subsection  36 (2)  $50  
9 On lodgment of an application for a declaration of essential 
derivation under subsection 40 (1)  $800  
10 Grant of PBR in a plant var iety under section 44  $345  
11 On lodgment of an application for:   
  (a) revocation of a P BR under subsection  50 (8); or  $500  
  (b) revocation of a declaration of essential derivation 
under subsection 50 (9)  $500  
12 On making a request for a copy of an entry in the register 
under subsection 62 (2)  $50  
15 For annual maintenance of a PBR —on each anniversary of 
the grant :  
  (a) fee paid by approved means ; $345  
  (b) fee paid by another means  $395  
16  For the undertaking, on request of a person, by the 
Secretary or the Registrar of any work required or 
authorised under the Act and for which a fee is not 
prescribed under any other item  $75 per 
hour or 
part of an 
hour 
Part 2 Amendments relating to fees 
(commencing on 1 October 2012) 
[4] Schedule 
substitute 
Schedule Fees 
(regulations 4 and 4A) 
Item Act, service or occasion in respect of which fee is payable  Fee 
1A Designation of an approved person under section 8  $50  
1B  Renewal of designation of an approved person  $50  
Federal Register of Legislative Instruments F2012L01031
IP/N/1/AUS/I/19 
         - 56 -Amendments of Plant Breeder’s Rights Regulations 1994  Schedule 4  
  
 
 
 
2012 , 66 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 55 
 
 Item Act, service or occasion in respect of which fee is payable  Fee 
1 On making a request under subsection  19 (4), whether or 
not the request includes a request under subsection  19 (10)  $500  
2 On making a request for a certificate under 
subsection  19 (11)  $100  
3 Ame ndment of the register on notification of assignment 
under section 21  $100  
4 On lodgment of an application under section 26 :  
  (a) fee paid by approved means ; $345 
  (b) fee paid by another means  $445  
5 On making a request for a variation of an application under 
subsection  31 (1)  $100  
6 On lodgment of a detailed description under section  34 for:  
 (a) a variety tested under section 37 to establish that the 
variety is distinct, uniform and stable:   
  (i) if the testing is conducted by an authorised 
establishment;  $920 
  (ii) in any other case ; $1 610 
  (b) a variety to which subsec tion 38 (3), (4) or (5) 
applies;  $1 610 
  (c) each of 2 or more varieties of the same plant species 
tested simultaneously at the same site in Australia 
under section 37 to establish that the varieties are 
distinct, uniform and stable, for which a complete 
application and detailed description are lodge d on the 
same day by the same approved person or applicant 
or agent of the applicant under section 34  $1 380 
7 On lodgment of an objection under section 35  $100  
8 On making a request for a copy of an application, an 
objection or a detailed description under subsection  36 (2)  $50  
9 On lodgment of an application for a declaration of essential 
derivation under subsection 40 (1)  $800  
10 Grant of PBR in a plant variety under section 44  $345  
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56 Intellectual Property Legislation Amendment Regulation 
2012  (No. 1) 2012 , 66 
 
 Item Act, service or occasion in respect of which fee is payable  Fee 
11 On lodgment of an application for:   
  (a) revocation of a PBR under subsection  50 (8); or  $500  
  (b) revocation of a declaration of essential derivation 
under subsection 50 (9)  $500  
12 On making a request for a copy of an entry in the register 
under subsection 62 (2)  $50  
15 For annual maintenance of a PBR —on each anniversary of 
the grant:   
  (a) fee paid by approved means ; $345  
  (b) fee paid by another means  $395  
16 For the undertaking, on request of a person, by the 
Secretary or the Registrar of any work required or 
authorised under the Act and for which a fee is not 
prescribed under any other item  $75 per 
hour or 
part of an 
hour 
Note 
1. All legislative instruments and compilations are registered on the Federal 
Register of Legislative Instruments kept under the Legislative 
Instruments Act 2003. See www.comlaw.gov.au . 
 
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         - 58 -