IP/N/1/AUS/I/17  
 
18 June 2013  
(13-3155)  Page: 1/25  
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 the Intellectual Property Legislation Amendment 
Regulations 2011 (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 2011 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 2011 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/17 
 
- 2 - 
 
  PP 3-25 - Offset (Pdf file attached) 
PP 3 à 25 - Offset (fichier Pdf joint) PP 3-25 - Offset (fichero Pdf adjunto)   
 
1100785A -110502Z  
 
Intellectual Property Legislation 
Amendment Regulations 2011  
(No. 1)1 
Select Legislative Instrument 2011 No. 62 
I, PROFESSOR MARIE BASHIR, AC, CVO, Administrator of 
the Government of the Commonwealth of Australia, acting with 
the advice of the Federal Executive Council, make the following 
Regulations under the Patents Act 1990 , the  Trade Marks Act 
1995 , the Designs Act 2003 , the Plant Breeder’s Rights Act 1994  
and the Olympic Insignia Protection Act 1987 . 
Dated 12 May 2011 
MARIE BASHIR 
Administrator 
By Her Excellency’s Command  
KIM CARR  
Minister for Innovation, Industry, Science and Research 
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         - 3 -Contents   
  
 
Page 
 
2 Intellectual Property Legislation Amendment Regulations 
2011  (No. 1) 2011 , 62 
 
 Contents 
 1 Name of Regulations 3 
 2 Commencement 3 
 3 Amendment of Patents Regulations 1991  3 
 4 Amendment of Patents Regulations 1991  3 
 5 Amendment of Trade Marks Regulations 1995  4 
 6 Amendment of Designs Regulations 2004  4 
 7 Amendment of Plant Breeder’s Rights Regulations 
1994  4 
 8 Amendment of Olympic Insignia Protection 
Regulations 19 93 4 
Schedule 1  Amendments of Patents Regulations 1991  — 
general 5 
Schedule 2  Further amendments of Patents Regulations 
1991  — Patent Cooperation Treaty 9 
Schedule 3  Amendments of Trade Marks Regulations 1995  15 
Schedule 4  Amendments of Designs Regulations 2004  20 
Schedule 5  Amendment of Plant Breeder’s Rights 
Regulations 1994  22 
Schedule 6  Amendment of Olympic Insignia Protection 
Regulations 1993  23 
 
 
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         - 4 -  
  
Regulation 4 
 
 
2011 , 62 Intellectual Property Legislation Amendment Regulations 
2011  (No. 1) 3 
 
 1 Name of Regulations 
  These Regulations are the Intellectual Property Legislation 
Amendment Regulations 2011 (No. 1). 
2 Commencement 
  These Regulations commence on 1 July 2011. 
3 Amendment of Patents Regulations 1991  
 (1) Schedule 1 amends the Patents Regulations 1991 . 
 (2) The amendment of regulation 22.2EA of the Patents 
Regulations 1991  made by item [7] of Schedule 1 applies in 
re
lation to request for leave to amend a complete specification: 
 (a) if: 
 (i) the request was made before the commencement of 
Schedule 1; and 
 (ii) on or after the commencement of Schedule 1, the 
Commissioner invites the person by whom the fee 
relating to the grant of leave is payable to pay the 
fee in accordance with regulation 22.2EA; or 
 
(b) if the request is made on or after the commencement of 
Schedule 1. 
 (3 ) The amendments made by items [8] to [10 ] of Schedule 1 
a
pply in relation to a document filed on or after the 
commencement of Schedule 1. 
4
 Amendment of Patents Regulations 1991  
 (1) Schedule 2 amends the Patents Regulations 1991 . 
 (2) The amendments made by items [5], [6], [8] to [12] and [14] of 
Schedule 2 apply in relation to an international application 
unde
r the Patent Cooperation Treaty whose international filing 
date is on or after 1 July 2011. 
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         - 5 -  
  
Regulation 5 
 
 
4 Intellectual Property Legislation Amendment Regulations 
2011  (No. 1) 2011 , 62 
 
  (3) The amendment made by item [7] of Schedule 2 applies in 
re
lation to an international application under the Patent 
Cooperation Treaty in respect of which: 
 (a) the applicant has performed the acts referred to in 
Article 22 or Article 39 of the Treaty on or after 1 July 
2011; and 
 (b) an amendment under Article 19 or Article 34 of the 
Tr
eaty was filed on or after 1 July 2009. 
 (4) The amendment made by item [13] of Schedule 2 applies in 
re
lation to an international preliminary examination report 
under the Patent Cooperation Treaty which is completed 
in accordance with Rule 70.4 of the Treaty on or after 1 July 
2011, 
irrespective of the international filing date of the relevant 
international application. 
5 Amendment of Trade Marks Regulations 1995  
  Schedule 3 amends the Trade Marks Regulations 1995 . 
6 Amendment of Designs Regulations 2004  
  Schedule 4 amends the Designs Regulations 2004 . 
7 Amendment of Plant Breeder’s Rights Regulations 
1994  
  Schedule 5 amends the Plant  Breeder’s Rights Regulations 
1994 . 
8 Amendment of Olympic Insignia Protection 
Regulations 1993 
  Schedule 6 amends the Oly mpic Insignia Protection 
Regulations 1993 . 
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         - 6 -Amendments of Patents R egulations 1991 — general  Schedule 1  
  
 
 
 
2011 , 62 Intellectual Property Legislation Amendment Regulations 
2011  (No. 1) 5 
 
 Schedule 1 Amendments of Patents 
Regulations 1991  — general  
(regulation 3) 
[1] Subregulation 12.1 (2) 
omit 
prescribed court to which the application is made: 
insert  
Federal Court: 
[2] After subregulation 12.1 (2) 
insert 
 (2A) For subparagraph (2) (a) (ii), the address for service must be an 
address that is mentioned in Rules made by the Federal Court 
for the service of the application, as in force from time to time. 
Note    In a transitional period after this subregulation commences, there 
may be different Rules made by the Federal Court to deal with suitable 
addresses for service in particular circumstances. 
[3] After subregulation 12.1 (3) 
insert 
 (4) For subregulation (3), the applicant must serve the copy in 
accordance with Rules made by the Federal Court for the 
service of the application and declaration, as in force from time 
to time. 
N
ote   In a transitional period after this subregulation commences, there 
m
ay be different Rules made by the Federal Court to deal with service in 
particular circumstances. 
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         - 7 -Schedule 1  Amendments of Patents Reg ulations 1991 — general  
  
 
 
 
6 Intellectual Property Legislation Amendment Regulations 
2011  (No. 1) 2011 , 62 
 
 [4] Subregulation 12.2 (2) 
omit 
A prescribed court 
insert 
The Federal Court 
[5] Subregulations 22.10 (1) and (2) 
substitute 
 (1) If provision is made in an approved form to state an address for 
service, the person completing the form must state: 
 (a) an address in Australia at which a document under the Act 
or these Regulations may be given to him or her 
personally or to the person specified in the form as his or 
her representative; or 
 (b) another address in Australia to which it is practicable and 
reasonable for Australia Post, or a person acting on behalf 
of Australia Post, to deliver mail.  
 (2) A person may file notice of a change of his or her address for 
service to another address that complies with paragraph (1) (a) 
or
 (b). 
[6] Subregulation 22.10AB (2) 
substitute 
 (2) For paragraph 222A (2) (b) of the Act, the table sets out 
pr
escribed persons. 
Item Person  
1 The Director General of I P Australia  
2 The Deputy Director General  of IP Australia  
3 Another  person who:  
 (a) is an SES employee of IP Australia ; and 
 (b) acts with the agreement of  the Director General of IP Australia  
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         - 8 -Amendments of Patents Regulations 1991 — general  Schedule 1  
  
 
 
 
2011 , 62 Intellectual Property Legislation Amendment Regulations 
2011  (No. 1) 7 
 
 Item Person  
4 Another person who:  
 (a) is an SES employee of IP Austral ia; and  
 (b) acts with the agreement of the Deputy Director General of IP 
Australia  
5 Another person who:  
 (a) is an SES employee of IP Australia; and  
 (b) acts with the agreement of another SES employee of IP Australia  
Note    SES employee is explained in section 34 of the Public Service Act 1999 . That 
meaning is applied generally to Commonwealth legislation by section 17AA of the Acts 
Interpretation Act 1901 . 
[7] Regulation 22.2EA 
substitute and locate after regulation 22.2E  
22.2EA Failure to pay: fee for grant of leave to amend 
specification (person invited to pay) 
 (1) This regulation applies if: 
 (a) a fee mentioned in item 222A of Schedule 7 relating to a 
grant of leave to amend a complete specification is not 
paid when it is payable; and 
 (b) within 1 month after the fee first becomes payable, the 
Commissioner invites the person by whom the fee is 
payable to pay the fee within 2 months after the date on 
whic
h notice of the grant of leave is published under 
subregulation 10.5 (2); an d 
 (c) the fee is not paid within th at period of 2 months. 
 
(2) The request for leave to amend the complete specification is 
taken not to have been filed. 
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         - 9 -Schedule 1  Amendments of Patents Regulations 1991 — general  
  
 
 
 
8 Intellectual Property Legislation Amendment Regulations 
2011  (No. 1) 2011 , 62 
 
 [8] Schedule 3, paragraph 4 (2) (b) 
substitute 
 (b) must show the drawings entirely within that margin and 
within an area of the sheet measuring 26.2 cm  1 7.0 cm 
(the useable surface ); and 
 (c) must not contain a frame surrounding the drawings or the 
useable surface. 
[9] Schedule 3, clause 6 
omit 
[10] Schedule 3, subclause 7 (3) 
omit 
or double spaced 
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         - 10 -Further amendments of Pa tents Regulations 1991 — Patent 
Cooperation Treaty  Schedule 2  
  
 
 
 
2011 , 62 Intellectual Property Legislation Amendment Regulations 
2011  (No. 1) 9 
 
 Schedule 2 Further amendments of 
Patents Regulations 1991  — 
Patent Cooperation Treaty  
(regulation 4) 
[1] Subregulation 1.4 (2) 
omit 
1 July 2010 
insert  
1 July 2011 
[2] Schedule 2A, before Table of Provisions  
omit 
1 July, 2009 and 1 July, 2010. 
insert
 
1 July, 2009, 1 July, 2010 and 1 July, 2011. 
[3] Schedule 2A, Table of Provisions 
omit 
 55.3 Translation of Amendments 
insert 
 55.3 Language and Translation of Amendments and Letters 
[4] Schedule 2A, Table of Provisions 
omit 
 66.9 Language of Amendments 
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         - 11 -Sched ule 2  Further amendments of Patents Regulations 1991 — Patent 
Cooperation Treaty  
  
 
 
 
10 Intellectual Property Legislation Amendment Regulations 
2011  (No. 1) 2011 , 62 
 
 [5] Schedule 2A, Rule 12.2 ( a) 
substitute 
 (a) Any amendment of the international application shall, subject to Rules 46.3 
and 55.3, be in the language in which the application is filed. 
[6] Schedule 2A, Rule 48.2 ( i) 
substitute 
 (i) If the authorization by the receiving Office, the International Searching 
Authority or the International Bureau of a rectification of an obvious mistake in the 
international application under Rule 91.1 is received by or, where applicable, 
given by the International Bureau after completion of the technical preparations 
for international publication, a statement reflecting all the rectifications shall be 
published, together with the sheets containing the rectifications, or the 
replacement sheets and the letter furnished under Rule 91.2, as the case may be, 
and the front page shall be republished. 
[7] Schedule 2A, Rule 49.5 ( a) 
substitute 
 (a) For the purposes of Article 22, the translation of the international application 
shall contain the description (subject to paragraph (a-bis )), the claims, any text 
matter of the drawings and the abstract. If required by the designated Office, the 
translation shall also, subject to paragraphs (b), (c- bis) and (e), 
 (i) contain the request, 
 (ii) if the claims have been amended under Article 19, contain both the 
claims as filed and the claims as amended (the claims as amended shall 
be furnished in the form of a translation of the complete set of claims 
furnished under Rule 46.5(a) in replacement of all the claims originally 
filed), and 
 (iii) be accompanied by a copy of the drawings. 
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         - 12 -Further amendments of Patents Regulations 1991 — Patent 
Cooperation Treaty  Schedule 2  
  
 
 
 
2011 , 62 Intellectual Property Legislation Amendment Regulations 
2011  (No. 1) 11 
 
 [8] Schedule 2A, Rule 53.9 
omit 
(a) If amendments under Article 19 have been made, the statement concerning 
amendments shall indicate whether, for the purposes of the international preliminary 
examination, the applicant wishes those amendments 
 (i) to be taken into account, in which case a copy of the amendments shall 
preferably be submitted with the demand, or 
insert  
 (a) If amendments under Article 19 have been made, the statement concerning 
amendments shall indicate whether, for the purposes of the international 
preliminary examination, the applicant wishes those amendments: 
 (i) to be taken into account, in which case a copy of the amendments and 
of the letter required under Rule 46.5(b) shall preferably be submitted with 
the demand; or 
[9] Schedule 2A, Rule 55.3 
substitute 
55.3 Language and Translation of Amendments and Letters 
 (a) Subject to paragraph (b), if the international application has been filed in a 
language other than the language in which it is published, any amendment under 
Article 34, as well as any letter referred to in Rule 66.8(a), Rule 66.8(b) and 
Rule 46.5(b) as applicable by virtue of Rule 66.8(c), shall be submitted in the 
language of publication. 
(b) Where a translation of the international application is required under 
Rule 55.2: 
 (i) any amendment and any letter referred to in paragraph (a); and 
 (ii) any amendment under Article 19 which is to be taken into account 
under Rule 66.1(c) or (d) and any letter referred to in Rule 46.5(b); 
 shall be in the language of that translation. Where such amendments or letters 
have been or are submitted in another language, a translation shall also be 
submitted. 
 (c) If an amendment or letter is not submitted in a language as required under 
paragraph (a) or (b), the International Preliminary Examining Authority shall invite 
the applicant to submit the amendment or letter in the required language within a 
time limit which shall be reasonable under the circumstances. That time limit shall 
not be less than one month from the date of the invitation. It may be extended by 
the International Preliminary Examining Authority at any time before a decision is 
taken. 
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         - 13 -Schedule 2  Further a mendments of Patents Regulations 1991 — Patent 
Cooperation Treaty  
  
 
 
 
12 Intellectual Property Legislation Amendment Regulations 
2011  (No. 1) 2011 , 62 
 
  (d) If the applicant fails to comply, within the time limit under paragraph (c), with 
the invitation to furnish an amendment in the required language, the amendment 
shall not be taken into account for the purposes of the international preliminary 
examination. If the applicant fails to comply, within the time limit under 
paragraph (c), with the invitation to furnish a letter referred to in paragraph (a) in 
the required language, the amendment concerned need not be taken into account 
for the purposes of the international preliminary examination. 
[10] Schedule 2A, Rule 62 
substitute 
Rule 62 
Copy of the Written Opinion by the International Searching Authority and of 
Amendments under Article 19 for the International Preliminary Examining 
Authority 
62.1 Copy of Written Opinion by International Searching Authority and of Amendments 
Made before the Demand Is Filed 
Upon receipt of a demand, or a copy thereof, from the International Preliminary 
Examining Authority, the International Bureau shall promptly transmit to that Authority: 
 (i) a copy of the written opinion established under Rule 43bis.1, unless 
the national Office or intergovernmental organization that acted as 
International Searching Authority is also acting as International Preliminary 
Examining Authority; and 
 (ii) a copy of any amendment under Article 19, any statement referred to 
in that Article, and the letter required under Rule 46.5(b), unless that 
Authority has indicated that it has already received such a copy. 
62.2 Amendments Made after the Demand Is Filed 
If, at the time of filing any amendments under Article 19, a demand has already been 
submitted, the applicant shall preferably, at the same time as he files the amendments 
with the International Bureau, also file with the International Preliminary Examining 
Authority a copy of such amendments, any statement referred to in that Article and the 
letter required under Rule 46.5(b). In any case, the International Bureau shall promptly 
transmit a copy of such amendments, statement and letter to that Authority. 
[11] Schedule 2A, Rule 66.9 
omit 
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         - 14 -Further amendments of Patents Regulations 1991 — Patent 
Cooperation Treaty  Schedule 2  
  
 
 
 
2011 , 62 Intellectual Property Legislation Amendment Regulations 
2011  (No. 1) 13 
 
 [12] Schedule 2A, Rule 70.2 ( c-bis ) 
substitute 
 (c-bis)  If the claims, description or drawings have been amended but the 
replacement sheet or sheets were not accompanied by a letter indicating the 
basis for the amendment in the application as filed, as required under 
Rule 46.5(b)(iii), Rule 46.5(b)(iii) being applicable by virtue of Rule 66.8(c), or 
Rule 66.8(a), as applicable, the report may be established as if the amendment 
had not been made, in which case the report shall so indicate. 
[13] Schedule 2A, Rule 70.16 
substitute 
70.16  Annexes to the Report 
 (a) The following replacement sheets and letters shall be annexed to the report: 
 (i) each replacement sheet under Rule 66.8 containing amendments 
under Article 34 and each letter under Rule 66.8(a), Rule 66.8(b) and 
Rule 46.5(b) as applicable by virtue of Rule 66.8(c); 
 (ii) each replacement sheet under Rule 46.5 containing amendments 
under Article 19 and each letter under Rule 46.5; and 
 (iii) each replacement sheet under Rule 26.4 as applicable by virtue of 
Rule 91.2 containing a rectification of an obvious mistake authorized by 
that Authority under Rule 91.1(b)(iii) and each letter under Rule 26.4 as 
applicable by virtue of Rule 91.2; 
 unless any such replacement sheet has been superseded or considered reversed 
by a later replacement sheet or an amendment resulting in the cancellation of an 
entire sheet under Rule 66.8(b); and 
 (iv) where the report contains an indication referred to in Rule 70.2(e), any 
sheet and letter relating to a rectification of an obvious mistake which is 
not taken into account pursuant to Rule 66.4 bis. 
 (b) Notwithstanding paragraph (a), each superseded or reversed replacement 
sheet referred to in that paragraph and any letter referred to in that paragraph 
relating to such superseded or reversed sheet shall also be annexed to the report 
where: 
 (i) the International Preliminary Examining Authority considers that the 
relevant superseding or reversing amendment goes beyond the disclosure 
in the international application as filed and the report contains an 
indication referred to in Rule 70.2(c); 
 (ii) the relevant superseding or reversing amendment was not 
accompanied by a letter indicating the basis for the amendment in the 
application as filed and the report is established as if the amendment had 
not been made and contains an indication referred to in Rule 70.2(c-bis ). 
 In such a case, the superseded or reversed replacement sheet shall be marked 
as provided by the Administrative Instructions. 
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         - 15 -Schedule 2  Further amendments of Patents Regulations 1991 — Patent 
Cooperation Treaty  
  
 
 
 
14 Intellectual Property Legislation Amendment Regulations 
2011  (No. 1) 2011 , 62 
 
 [14] Schedule 2A, Rule 92.2 (a) 
substitute 
 (a) Subject to Rules 55.1 and 55.3 and to paragraph (b) of this Rule, any letter or 
document submitted by the applicant to the International Searching Authority or 
the International Preliminary Examining Authority shall be in the same language 
as the international application to which it relates. However, where a translation of 
the international application has been transmitted under Rule 23.1(b) or furnished 
under Rule 55.2, the language of such translation shall be used. 
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         - 16 -Amendments of Trade Marks Regulations 1995  Schedule 3  
  
 
 
 
2011 , 62 Intellectual Property Legislation Amendment Regulations 
2011  (No. 1) 15 
 
 Schedule 3 Amendments of Trade Marks 
Regulations 1995 
(regulation 5) 
[1] Regulation 17A.2, definition of Common Regulations 
omit 
1 April 2007.  
insert  
1 September 2009. 
[2] Paragraph 17A.25 (1) (b) 
omit 
[3] Paragraph 17A.25 (2) (a) 
omit 
rule 17 of 
[4] Subregulation 17A.33 (3) 
substitute 
 (3) Despite subregulations (1) and (2), a requirement to serve a 
document on the holder, or to give the holder an opportunity to 
make written representations or to be heard, does not apply if 
no address for service of the holder is recorded in the Record of 
I
nternational Registrations. 
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         - 17 -Schedule 3  Amendments of Trade Marks Regulations 1995  
  
 
 
 
16 Intellectual Property Legislation Amendment Regulations 
2011  (No. 1) 2011 , 62 
 
 [5] After subregulation 17A.48 (6) 
insert 
 (6A) Despite subregulation (3), a requirement to serve a document 
on an opponent, or to give the opponent an opportunity to make 
written representations or to be heard, does not apply if no 
address for service of the opponent is recorded in the Record of 
International Registrations. 
[6] After paragraph 17A.66 (3) (b) 
insert 
 (ba) the address for service of the holder;  
[7] After regulation 17A.73 
insert 
17A.74 Address for service of documents 
Application of regulation 
 (1) This regulation applies in relation to the following persons: 
 (a) the holder of an IRDA;  
 (b) the holder of a protected international trade mark; 
 
(c) a person who applies under regulation 17A.61 to have a 
claim recorded; 
 (d) a person whose claim is recorded under regulation 
17A.62;   
 (e) a person who, under regulation 17A.29, opposes the 
extension of protection in Australia to a trade mark that is 
the subject of an IRDA; 
 (f) a person who applies under subregulation 17A.48 (1) for a 
tra
de mark that is, or may become, a protected 
international trade mark to cease to be protected; 
 (g) a person who opposes an application under subregulation 
17A.48 (1). 
Note    The address for service of a person who is not mentioned in 
subregulation (1) is covered by section 215 of the Act. 
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         - 18 -Amendments of Trade Marks Regulations 1995  Schedule 3  
  
 
 
 
2011 , 62 Intellectual Property Legislation Amendment Regulations 
2011  (No. 1) 17 
 
 Address for service  
 (2) An address for service must be an address in Australia. 
 (3 ) If the person notifies the Registrar of an address for service, the 
Registrar must enter the address in the Record of International 
Registrations as the person’s address for service.  
 (4 ) If the address changes to another address: 
 
(a) the person must notify the Registrar of the new address; 
and 
 (b) the Registrar must amend the Record of International 
Registrations accordingly. 
 (5 ) If the person ceases to have an address for service in respect of 
the IRDA or protected international trade mark: 
 (a) the person must notify the Registrar that the person no 
longer has an address for service; and 
 
(b) the Registrar must remove the address from the Record of 
International Registrations. 
Note    See subregulation (9 ). 
 (6 ) If the Registrar is satisfied that the address for service notified 
by the person is no longer an address of the person, the 
R
egistrar must remove the address from the Record of 
International Registrations and notify the person of the 
removal.  
Note    See subregulation (9 ). 
Service 
 (7 ) If the Act provides, or these Regulations provide, that a 
document is to be served on, or given or sent to, the person, the 
document may be left at, or sent by post to, the address for 
service of the person. 
Note    Section 29 of the Acts Interpretation Act 1901  and section 160 of the 
Evidence Act 1995  may govern when service on an address in Australia is 
taken to be effected. 
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         - 19 -Schedule 3  Amendments of Trade Marks Regulations 1995  
  
 
 
 
18 Intellectual Property Legislation Amendment Regulations 
2011  (No. 1) 2011 , 62 
 
  (8 ) Subregulation (7) does not affect the operation of section 28A 
of
 the Acts Interpretation Act 1901 .  
Note    Section 28A of the Acts Interpretation Act 1901 provides that a 
document may be served (this term includes given, or sent, to):  
‘(a) on a natural person:  
(i) by delivering it to the person personally; or  
(ii) by leaving it at, or by sending it by pre-paid post to, the address of 
the place of residence or business of the person last known to the 
person serving the document; or  
(b) on a body corporate —by leaving it at, or sending it by pre-paid post to, 
the head office, a registered office or a principal office of the body 
corporate. ’. 
No address for service 
 (9 ) If no address for service is recorded for the person in the 
Record of International Registrations: 
 (a) a requirement in the Act or these Regulations to serve a 
document on the person is taken to be satisfied by posting 
the document to, or leaving it at, a foreign address 
appearing in the Record for the person; and 
 (b) the requirement is taken to be satisfied on the day in 
Australia on which the document is posted to, or left at, 
the foreign address.  
Note    If subregulation (9) applies, and a document is required to be served 
in a prescribed period, it will be sufficient compliance that the document is 
posted to the foreign address on the final day in Australia of the prescribed 
period. It is not necessary for the posted document to be received  at the 
foreign address on or before that final day, as reckoned in Australia or at the 
foreign address. 
[8] Subregulation 21.24B (2) 
substitute 
 (2) For paragraph 223A (2) (b) of the Act, the table sets out 
pr
escribed persons. 
Item Person  
1 The Dir ector General of IP Australia  
2 The Deputy Director General  of IP Australia  
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         - 20 -Amendments of Trade Marks Regulations 1995  Schedule 3  
  
 
 
 
2011 , 62 Intellectual Property Legislation Amendment Regulations 
2011  (No. 1) 19 
 
 Item Person  
3 Another person who:  
 (a) is an SES employee of IP Australia; and  
 (b) acts with the agreement of the Director General of IP Australia  
4 Another person who:  
 (a) is an SES empl oyee of IP Australia; and  
 (b) acts with the agreement of the Deputy Director General of IP 
Australia  
5 Another person who:  
 (a) is an SES employee of IP Australia; and  
 (b) acts with the agreement of another SES employee of IP Australia  
Note    SES employee is explained in section 34 of the Public Service Act 1999 . That 
meaning is applied generally to Commonwealth legislation by section 17AA of the Acts 
Interpretation Act 1901 . 
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         - 21 -Schedule 4  Amendments of Designs Regulations 2004  
  
 
 
 
20 Intellectual Property Legislation Amendment Regulations 
2011  (No. 1) 2011 , 62 
 
 Schedule 4 Amendments of Designs 
Regulations 2004  
(regulation 6) 
[1] Subregulations 11.19 (1) and (2) 
substitute 
 (1) If provision is made in an approved form to state an address for 
service, the person completing the form must state: 
 (a) an address in Australia at which a document under the Act 
or these Regulations may be given to him or her 
personally or to the person specified in the form as his or 
her representative; or 
 (b) another address in Australia to which it is practicable and 
reasonable for Australia Post, or a person acting on behalf 
of Australia Post, to deliver mail.  
 (2) A person may file notice of a change of his or her address for 
service to another address that complies with paragraph (1) (a) 
or
 (b). 
[2] Subregulation 11.33 (2) 
substitute 
 (2) For paragraph 136A (2) (b) of the Act, the table sets out 
pr
escribed persons. 
Item Person  
1 The Director General of IP Australia  
2 The Deputy Director General of IP Australia  
3 Another person who:  
 (a) is an SES employee of IP Australia; and  
 (b) acts with the agreement of the Director  General of IP Australia  
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         - 22 -Amendments of Designs Regulations 2004  Schedule 4  
  
 
 
 
2011 , 62 Intellectual Property Legislation Amendment Regulations 
2011  (No. 1) 21 
 
 Item Person  
4 Another person who:  
 (a) is an SES employee of IP Australia; and  
 (b) acts with the agreement of the Deputy Director General of IP 
Australia  
5 Another person who:  
 (a) is an SES employee of IP Australia; and  
 (b) acts with the  agreement of another SES employee of IP Australia  
Note    SES employee is explained in section 34 of the Public Service Act 1999 . That 
meaning is applied generally to Commonwealth legislation by section 17AA of the Acts 
Interpretation Act 1901 . 
Federal Register of Legislative Instruments F2011L00773
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         - 23 -Schedule 5  Amendment of Plant Breeder’s Rights Regulations 1994  
  
 
 
 
22 Intellectual Property Legislation Amendment Regulations 
2011  (No. 1) 2011 , 62 
 
 Schedule 5 Amendment of Plant Breeder’s 
Rights Regulations 1994  
(regulation 7) 
[1] Subregulation 3F (2) 
substitute 
 (2) For paragraph 76A (2) (b) of the Act, the table sets out 
pr
escribed persons. 
Item Person  
1 The Director General of IP Austral ia 
2 The Deputy Director General of IP Australia  
3 Another person who:  
 (a) is an SES employee of IP Australia; and  
 (b) acts with the agreement of the Director General of IP Australia  
4 Another person who:  
 (a) is an SES employee of IP Australia; and  
 (b) acts with the agreement of the Deputy Director General of IP 
Australia  
5 Another person who:  
 (a) is an SES employee of IP Australia; and  
 (b) acts with the agreement of another SES employee of IP Australia  
Note    SES employee is explained in section 34 of the Public Service Act 1999 . That 
meaning is applied generally to Commonwealth legislation by section 17AA of the Acts 
Interpretation Act 1901 . 
Federal Register of Legislative Instruments F2011L00773
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         - 24 -Amendment of Olympic Insignia Protection Regulations 1993  Schedule 6  
  
 
 
 
2011 , 62 Intellectual Property Legislation Amendment Regulations 
2011  (No. 1) 23 
 
 Schedule 6 Amendment of Olympic 
Insignia Protection 
Regulations 1993 
(regulation 8) 
[1] Subregulation 6B (2) 
substitute 
 (2) For paragraph 14A (2) (b) of the Act, the table sets out 
pr
escribed persons. 
Item Person  
1 The Director General of IP Australia  
2 The Deputy Director General of IP Australia  
3 Another person who:  
 (a) is an SES e mployee of IP Australia; and  
 (b) acts with the agreement of the Director General of IP Australia  
4 Another person who:  
 (a) is an SES employee of IP Australia; and  
 (b) acts with the agreement of the Deputy Director General of IP 
Australia  
5 Another pe rson who:  
 (a) is an SES employee of IP Australia; and  
 (b) acts with the agreement of another SES employee of IP Australia  
Note    SES employee is explained in section 34 of the Public Service Act 1999 . That 
meaning is applied generally to Commonwealth legislation by section 17AA of the Acts 
Interpretation Act 1901 . 
Note 
1. All legislative instruments and compilations are registered on the Federal 
Register of Legislative Instruments kept under the Legislative 
Instruments Act 2003. See http://www.frli.gov. au. 
 
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         - 25 -