WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/AUS/D/4 
28 August 2007 
 (07-3607) 
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 
 
 
 The present document reproduces the text
1 of the Designs Regulations 2004 - 2004 No.117, 
notified by Australia under Article 63.2 of th e Agreement (see document IP/N/1/AUS/2). 
 
 
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 texte
1 du Règlement sur les dessins et modèles 2004 – n° 117 
de 2004, notifié par l'Australie au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/AUS/2). 
 
 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 
 
AUSTRALIA 
  
 En el presente documento se reproduce el texto
1 del Reglamento de Dibujos y Modelos 
de 2004 - 2004 Nº 117, notificado por Australia en  virtud de lo dispuesto en el párrafo 2 del 
artículo 63 del Acuerdo (véase el documento IP/N/1/AUS/2). 
                                                      
1 In English only./En anglais se ulement./En inglés solamente.  IP/N/1/AUS/D/4 
Page 2  
 
   
 
 
Designs Regulations 2004 
 Statutory Rules 2004 No. 117
1 
__________________________________________________________________________________   
I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with 
the advice of the Federal Executive Council, make the following Regulations under the Designs 
Act 2003 . 
 Dated 10 June 2004 
 
   
P. M. JEFFERY Governor-General 
By His Excellency’s Command 
    
IAN MACFARLANE 
Minister for Industry, Tourism and Resources __________________________________________________________________________________  IP/N/1/AUS/D/4 
 Page 3 
 
 
  Contents 
 
Chapter 1 Introductory 
 
 1.01 Name of Regulations   1.02 Commencement   1.03 Designs Regulations 1982 —  repeal  
 1.04 Interpretation  
 1.05 Convention countries   
Chapter 2 Design rights, ownership and registrable designs 
 
 2.01 Certain things to be disregarded in deciding whether a design is new and distinctive 
 
Chapter 3 Design applications 
 
Part 3.2 Applications 
  3.01 Minimum filing requirements  
 3.02 Applications covering excluded designs   3.03 Notice — minimum filing requirements   3.04 Publication of receipt of application   3.05 Filing date   3.06 Priority date — designs disclosed in basic applications  
 3.07 Certain basic applications to be disregarded  
 3.08 Priority date — excluded designs   
Part 3.3 Amendment or withdrawal of applications 
  3.09 Request for amendment of application  
 3.10 Disputes between applicants  — requests for determinations  
 3.11 Requests for direction specifying pe rsons as applicants or entitled persons  
 3.12 Publication of certain de tails of amended applications  
 3.13 Withdrawal of designs and design applications  
 
Part 3.4 Lapsing of applications 
 
 3.14 Period within which application lapses   3.15 Form of notice   Chapter 4 Registration or publication of designs 
 
Part 4.2 Requests for registration or publication 
 
 4.01 Requests for registration or publication  
 4.02 Subsequent requests for registration — applications in respect of more than 1 design 
 4.03 Period within which replacements of request may be made   
Part 4.3 Registration 
 
 4.04 Formalities check — applications in respect of 1 design only  
 4.05 Formalities check — applications in respect of more than 1 design  IP/N/1/AUS/D/4 
Page 4  
 
   4.06 Registrar must refuse to register certain designs  
 4.07 Period within which Registrar must register certain designs after refusal  
 4.08 Certificate of registration and notice of registration   4.09 Renewal of registration   4.10 Surrender of registration  
 4.11 Revocation of registration on surrender  
 4.12 Revocation of registration on gr ounds relating to entitled persons  
 4.13 Notice of revocation of registration   4.14 Applications by entitled persons after revocation following surrender of registration 
 
Part 4.4 Publication  
 4.15 Publication of a design   
Chapter 5 Examination of designs 
 
 5.01 Requirements for request for examination of design   5.02 Grounds for revocation of registration of design   5.03 Examination of design — procedures   5.04 Period in which examination of a design must be completed   5.05 Amendment of registration  
 5.06 Certificate of examination and notice of examination  
 5.07 Revocation of registration after examination   5.08 Material provided to Registrar   
Chapter 7 Jurisdiction and powers of courts 
 
 7.01 Application to court for compulsory licence   7.02 Revocation of registration after grant of compulsory licence   
Chapter 8 The Crown 
  8.01 Acquisition of design by the Commonwealth  
 8.02 Period within which designs must be registered or published after prohibition  
 
Chapter 9 The Register 
  9.01 Other particulars to be entered in the Register  
 9.02 Inspection of Register   9.03 Amendments of Register to record changes of ownership   9.04 Notice specifying amendments to Register   9.05 Correction of Register   Chapter 10 Administration 
 
 10.01 Delegation by Registrar   10.02 Costs (Act s 127)    IP/N/1/AUS/D/4 
 Page 5 
 
 
  Chapter 11 Miscellaneous 
 
Part 11.2 Fees 
 
 11.01 Fees payable  
 11.02 Failure to pay — fee for filing a design application  
 11.03 Failure to pay — fee for filing a request for registration covering a further design   11.04 Failure to pay — fee payable by the registered owner for filing a request for 
examination  
 11.05 Failure to pay — fee payable by the registered owner in relation to a request for 
examination filed by another person  
 11.06 Failure to pay — certain other fees for filing   11.07 Failure to pay — fee for requesting a hearing   11.08 Failure to pay — fee for appearing at a hearing   11.09 Failure to pay — fees for requesting supply of documents by the Registrar  
 11.10 Consequences if Registrar does not invite payment  
 11.11 Exemption from fees (Act s 149)   11.12 Recovery of fees   
Part 11.5 Extensions of time 
  11.13 Extensions of time for doing a relevant act  
 11.14 Consequence of extension — notice of restoration  
 
Part 11.6 Other 
  11.15 Agents (Act s 141)  
 11.16 Right of lien of registered patent attorneys (Act s 142)   11.17 Filing of documents   11.18 Documents to be in English   11.19 Service of documents   11.20 Address for correspondence  
 11.21 Death of applicant or registered owner (Act s 146, s 147)  
 11.22 Exercise of discretionary powers by Registrar (Act s 148)   11.23 Hearings   11.24 Practice and procedure in relation to applications, oppositions and other matters  
 11.25 Evidence  
 11.26 Declarations  
 11.27 Non compliance in relation to documents other than design applications   11.28 Directions for actions not otherwise prescribed   11.29 Acting for persons unable to act   11.30 Requirements that cannot be complied with for reasonable causes   11.31 Review of decisions  
 
Chapter 12 Repeal, transitional and saving provisions 
 
 12.01 Conversion of transitional applications   12.02 Former Designs Regulations — transitional  
 
Schedule 1 Convention countries  
 
Schedule 2 Formal requirements  
 IP/N/1/AUS/D/4 
Page 6  
 
  Schedule 3 Costs  
 
Part 1 Costs   Part 2 Expenses and allowances  
 
Schedule 4 Fees  
  IP/N/1/AUS/D/4 
 Page 7 
 
 
  Chapter 1 Introductory 
   
1.01 Name of Regulations 
 
 These Regulations are the  
Designs Regulations 2004 . 
 
1.02 Commencement 
 These Regulations commence on the commencement of sections 3 to 161 of the Designs 
Act 2003 . 
 
1.03 Designs Regulations 1982 —  repeal 
 
 The following Statutory Rules are repealed:  
 • 1982 No. 72 
 • 1984 No. 256 
 • 1986 No. 263  
 • 1988 No. 103 
 • 1989 Nos. 95 and 313 
 • 1990 Nos. 29, 239 and 240 
 • 1991 Nos. 65 and 455 
 • 1992 Nos. 149, 445 and 452 
 • 1993 Nos. 114 and 342 
 • 1994 Nos. 180 and 315 
 • 1995 Nos. 19 and 426 
 • 1996 No. 270 
 • 1997 No. 344 
 • 1998 Nos. 259, 344 and 347 
 • 1999 No. 348 
 • 2001 No. 97 
 • 2002 No. 316 
 • 2004 No. 22. 
 
1.04 Interpretation 
  (1) In these Regulations: 
 
  A c t  means the Designs Act 2003. 
 
  approved form , for a provision in which the expression appears, means a form 
approved by the Registrar for that provision. 
 
  basic application has the meaning given by subregulation 3.06 (1).  
 
  designer  has the same meaning as in paragraph 13 (1) (a) of the Act. 
 
  excluded design
 has the same meaning as in section 23 of the Act. 
 IP/N/1/AUS/D/4 
Page 8  
 
    further design  means a design that is disclosed in a design application, but that has 
not been identified, by the applicant, as being a separate design disclosed in the 
application. 
 
  initial application  has the same meaning as in section 23 of the Act.  
 
  Official Journal  means the Official Journal of Designs periodically published by the 
Registrar. 
  (2) For these Regulations, a document is taken to be in the approved form if it contains 
all the information that the form requires. 
  (3) A reference in these Regulations to:    (a) the giving of a notice or other document to the Registrar; or 
  (b) the making of a request or an application to the Registrar; 
  includes a reference to the filing of the notice, document, request or application. 
 
1.05 Convention countries 
 
 For the definition of Convention country  in section 5 of the Act, each country mentioned in 
Schedule 1 is declared to be a Convention country for the purposes of the Act. 
 
Chapter 2 Design rights, ownership and registrable designs 
     
2.01 Certain things to be disregarded in deci ding whether a design is new and distinctive 
 
 (1) For paragraph 17 (1) (a) of the Act, a prescribed circumstance is the publication or 
use of the design at:  
               (a) an official or officially recognised international exhibition within the 
meaning of: 
 
                           (i) Artic le 11 of the Paris Convention for the Protection of Industrial 
Property done at Paris on 20 March 1883, as in force for Australia on the commencement of this subregulation; or 
                           (ii) Article  1 of the Convention relating to International Exhibitions done 
at Paris on 22 November 1928, as in force for Australia on the 
commencement of this subregulation; or 
               (b) an international exhib ition recognised by the Registrar by notice published in 
the Official Journal before the exhibition begins. 
 
 (2) The circumstance mentioned in subregula tion (1) is a prescribed circumstance only if, 
at the time a design application is made in respect of the design: 
   (a) a notice, stating that the design h as been exhibited, has been filed; and 
  (b) a document, issued by the authorit y responsible for the exhibition, that: 
 
   (i) identifies the design and the exhibition; and    (ii) states the date of opening of the exhibition; and  IP/N/1/AUS/D/4 
 Page 9 
 
 
                             (iii) if the first publication or use of the design did not take place on that 
date — states the date on which the first publication or use took place; 
   has been filed. 
 
 (3) For subsection 17 (1) of the Act, the prescribed period is 6 months from the date on 
which the first publication or use of the design took place. 
 
Chapter 3 Design applications 
 
Part 3.2 Applications 
   3.01 Minimum filing requirements 
  For subsection 21 (2) of the Act, each of  the following requirements is prescribed: 
  (a) the application must include information that  indicates that what is filed is intended to 
be a design application; 
 (b) the application must include information that:  
  (i) allows the identity of the applicant to be established; and  
  (ii) allows the applicant to be contacted;   (c) the application must include a representation, or information that appears to be a 
representation, of each design. 
 
3.02 Applications covering excluded designs 
 
 For subsection 23 (2) of the Act, the prescribed period:   (a) begins immediately after the Registrar has received the request to amend the initial 
application under section 28 of the Act to exclude the excluded design or designs; and 
 (b) ends immediately before the earlier of:    (i) the lapse or withdrawal of the initial application; and                           (ii) the registration, or publication under section 57 of the Act, of a design 
disclosed in the initial application. 
 
3.03 Notice — minimum filing requirements 
 
 (1) For subsection 24 (3) of the Act, a notice under subsection 24 (1) or (2) of the Act 
must be sent to: 
 
               (a) if the applicant h as given to the Registrar an address for service — that 
address; or 
               (b) in any other case — any other contact address given by, or obtained from, the 
applicant. 
 
 (2) A notice under subsection 24 (2) of the Act must:    (a) identify each minimum filing requirement that has not been met; and IP/N/1/AUS/D/4 
Page 10  
 
                (b) include a direction that the applicant file, within 2 months from the date of 
the notice, the additional information required. 
  (3) If the minimum filing requirements are not met within the period mentioned in 
paragraph (2) (b), the application is  taken never to have been filed. 
 
3.04 Publication of receipt of application 
 
 (1) For section 25 of the Act, the details pr escribed in relation to each design application 
that meets the minimum filing requirements are the following details for each design 
disclosed in the application: 
   (a) the design number;   (b) the name of the applicant or the entitled person;   (c) the filing date of the application; 
  (d) if applicable:  
    (i) details about any basic application made in respect of the design; and                            (ii) the design number that was allocated to the excluded design in the 
initial application;  
 
              (e) if stated in the application — the product or products to which the design 
relates.  
  (2) The Registrar must publish the details in the Official Journal . 
 3.05 Filing date 
 
 For section 26 of the Act, the filing date of a design application is the day when the 
application meets the minimum filing requirements. 
 
 Note    For the filing date of a converted application, see section 160 of the Act.  
 
3.06 Priority date — designs disclosed in basic applications 
  (1) In this regulation: 
 
  basic application , in respect of a design, means an  application for protection of the 
design, being an application that is made  in a Convention country in accordance with 
these Regulations. 
 
 (2) For paragraph 27 (1) (b) of the Act, if th e design application is filed, within 6 months 
after the date on which the basic application was made, by: 
   (a) the applicant in the basic application; or   (b) the applicant’s assignee; or  
              (c) the legal personal repr esentative of the applicant or of the applicant’s 
assignee; 
  the prescribed date is the day when the basic application was made.   (3) If a copy of the basic application is not filed within 2 months after the Registrar has 
made a request (if any) for a copy, subre gulation (2) is taken not to apply to the 
design.  IP/N/1/AUS/D/4 
 Page 11 
 
 
   
Note    Under regulation 11.18, a document that is not in E nglish must be accompanied by a verified translation. 
 
 (4) For paragraph 27 (1) (b) of the Act, if subregulation (2) does not apply to the design, 
the prescribed date is the filing date of the design application. 
  (5) If 2 or more basic applications have been made in 1 or more Convention countries, a 
reference to the basic application in subregul ation (2) is taken to be a reference to the 
earlier or earliest of those applications. 
 
Note    Certain applications are to be disregarded for the purpose of this regula tion — see regulation 3.07. 
 
 (6) For subregulation (1), an application for protection in respect of a design is made in a 
Convention country: 
   (a) if: 
 
                           (i) an app lication for protection in respect of the design has been made 
under the Hague Agreement Concerni ng the International Deposit of 
Industrial Designs, done at The Hague on 6 November 1925; and 
   (ii) the application sought pr otection in the Convention country; or 
 
  (b) if: 
                            (i) an app lication for protection in respect of the design has been made 
under the Benelux Designs Convention, done at Brussels on 25 October 1966 (the Benelux Convention ); and 
                           (ii) the Convention country is a State (however described) that has 
consented to be bound by the Bene lux Convention and for which the 
Benelux Convention is in force; or 
   (c) if:  
                           (i) an app lication for protection in respect of the design has been made 
under the terms of the Treaty Esta blishing the European Community, 
done at Rome on 25 March 1957; and 
                          (ii) the Convention country is a State (however described) that has 
consented to be bound by the Treaty and for which the Treaty is in 
force.  
 
Note    For the priority date of a converted  application, see s ection 160 of the Act.  
 
3.07 Certain basic applications to be disregarded 
 
 (1) This regulation applies if:                 (a) an application for pr otection in respect of a design has been made in a 
Convention country in accordance with these Regulations; and 
               (b) the application has been withdrawn, abandoned or refused without becoming 
open to public inspection; and 
               (c) the application has not been used as the basis for cl aiming a right of priority 
in a Convention country under the law of that country corresponding to regulation 3.06; and IP/N/1/AUS/D/4 
Page 12  
 
                 (d) a later application for protection in respect of the design has been made by 
the same applicant in the Convention country in which the earlier application was made. 
  (2) The applicant may request the Registrar to disregard the earlier application for the 
purpose of identifying the basic application referred to in subregulation 3.06 (2). 
  (3) If the applicant makes a request under subregulation (2):    (a) the Registrar must disregard the earlier application for that purpose; and 
              (b) neither the applicant nor any other person is capable of making use of the 
earlier application for that purpose. 
 
3.08 Priority date — excluded designs 
  For paragraph 27 (1) (c) of the Act, the priority  date of a design that is an excluded design is 
the same priority date as it had under the initial application. 
 
Part 3.3 Amendment or withdrawal of applications 
   
3.09 Request for amendment of application 
 
 (1) For subsection 28 (2) of the Act, the request must:    (a) be in writing; and   (b) be clear that an amendment of a design application is being requested; and 
  (c) set out the nature and exte nt of the proposed amendments; and 
  (d) be accompanied by:                             (i) a substitute document or representation incorporating the proposed 
amendments; or 
                           (ii) a statement setting out the proposed amendments and the place at 
which each amendment is proposed to be made. 
  (2) If the request is not accompanied by a substitute document or representation 
incorporating the proposed amendments, the applicant must, if directed by the 
Registrar, file a substitute document or re presentation within the time allowed by the 
Registrar. 
 
3.10 Disputes between applicants — requests for determinations 
 
 For subsection 29 (2) of the Act, a request must:  
 (a) be made in the approved form; and 
 (b) include a statement of the grounds on which the request is made.  
3.11 Requests for direction specifying person s as applicants or entitled persons 
  For subsection 30 (4) of the Act, a request must: 
  (a) be made in the approved form; and  (b) include a statement of the grounds on which the request is made.   IP/N/1/AUS/D/4 
 Page 13 
 
 
  3.12 Publication of certain deta ils of amended applications 
 
 (1) This regulation applies in relation to a design application if, as a result of the design 
application having been amended under Part 3 of Chapter 3 of the Act, any of the 
details published under section 25 of the Ac t in relation to the application has 
changed. 
  (2) For section 31 of the Act, the details prescribed are the following details for each 
design in relation to which the published details has changed: 
 
  (a) the design number; 
  (b) for each detail that has changed — the detail as amended.  
3.13 Withdrawal of designs and design applications 
  (1) For subsection 32 (1) of the Act, the prescribed period: 
   (a) begins immediately after the design application is filed; and               (b) ends immediately befo re a design disclosed in the design application is 
registered or published. 
 
 (2) For subsection 32 (2) of the Act, the prescribed period: 
   (a) begins immediately after the design application is filed; and               (b) ends immediately befo re the design to be withdrawn is registered or 
published. 
 
 (3) If a design is withdrawn, including a desi gn disclosed in a design application that is 
withdrawn, the Registrar must publish the design number in the Official Journal . 
 
Part 3.4 Lapsing of applications 
   
3.14 Period within which application lapses 
 
 (1) For paragraph 33 (1) (a) of the Act, the prescribed period is:                (a) if the design applica tion covers an excluded design mentioned in section 23 
of the Act — the period: 
                            (i) starting on the day when the request to exclude the design is filed; 
and 
   (ii) ending on the day when the application is filed; or  
              (b) if the design application covers a design mentioned in section 55 of the Act, 
and the period of 6 months has expired when an application is filed as mentioned in that section — the day when the application is filed; or 
  (c) in any other case — 6 months fro m the priority date of the design. 
 
 (2) For paragraph 33 (1) (b) of the Act, the prescribed period is 2 months from the later 
of: 
 IP/N/1/AUS/D/4 
Page 14  
 
                (a) the date of the first notice given by the Registrar under section 41 of the Act 
in relation to the design or designs in respect of which registration is requested; and  
              (b) the date of the first notice given by the Registrar under section 57 of the Act 
in relation to the design or designs in respect of which publication is 
requested.  
 
3.15 Form of notice 
 
 For subsection 33 (4) of the Act, the notice must: 
 
 (a) be in the form of a notice published in the Official Journal ; and 
 (b) include the design number for each design disclosed in the application that has not 
been registered or published. 
 Chapter 4 Registration or publication of designs  Part 4.2 Requests for registration or publication    4.01 Requests for registration or publication 
  (1) This regulation does not apply to a request mentioned in section 37 or 
subsection 38 (2) of the Act. 
  (2) For paragraph 35 (2) (b) of the Act, the prescribed period is:  
  (a) 6 months from the priority date of the design; or 
              (b) if the design is a design mentioned in section 55 of the Act, and the period 
of 6 months has expired when an app lication is filed as mentioned in that 
section — the day when the application is filed. 
  (3) For subsection 35 (3) of the Act, the re quest must be made in the approved form. 
 
4.02 Subsequent requests for registration — app lications in respect of more than 1 design 
 
 (1) For paragraph 36 (2) (a) of the Act, th e Registrar may determine that the applicant 
may make a request (a subsequent request ) for registration of a design (an other 
design ) in respect of which no request for registration was made in the original 
request only if: 
               (a) the applicant can satisfy  the Registrar that it was only because of an error or 
omission by the applicant or the applican t’s agent that a request was not made 
for registration of the other design; and 
              (b) the subsequent request is made before any design disclosed in the design 
application is registered or published. 
  (2) In this regulation: 
 
  original request  means the first request made under section 35  of the Act in relation 
to the design application in which the other design is disclosed. 
  IP/N/1/AUS/D/4 
 Page 15 
 
 
  4.03 Period within which replacements of request may be made 
 
 For subsection 38 (2) of the Act, the prescribed period:   (a) begins immediately after the request for registration of the design is made; and 
 (b) ends immediately before the design is registered. 
 
Part 4.3 Registration 
   
4.04 Formalities check — applications in respect of 1 design only 
 
 (1) For paragraph 39 (2) (a) of the Act, th e formalities check is confirmation, by the 
Registrar, that: 
   (a) the design application is in the approved form; and 
  (b) the design application meets the requirements of regulation 11.18; and 
              (c) the design application id entifies the product or products in relation to which 
the design is sought to be registered sufficiently to enable each product to be classified in accordance with the Locarno Agreement; and 
              (d) for a design application mentioned in subsection 23 (2) of the Act — the 
design application identifies the design number that was allocated to the 
excluded design in the initial application; and 
               (e) if a specimen is filed as a representation of the design — the specimen is of a 
kind that: 
                            (i) can be readily mounted in a flat position by affixing it to a paper of 
the size required under paragraph 1 (1) (e) of Schedule 2; and  
   (ii) can be stored without damage to other documents; and                            (iii) when mounted, is presented in a way that allows any number of 
copies of the specimen to be reproduced directly by photocopying, digital scanning, microfilming and photography; and  
 
              (f) the design application includes 5 copies of each representation of the design; 
and 
              (g) the design application co mplies substantially with the formal requirements set 
out in Schedule 2. 
 
 (2) If the Registrar is not satisfied with th e matter mentioned in paragraph (1) (e), the 
Registrar may, in giving a notice under section 41 of the Act, require the applicant to 
file another representation that complies with the paragraph. 
 
4.05 Formalities check — applications in respect of more than 1 design 
  (1) For paragraph 40 (2) (c) of the Act, th e formalities check is confirmation, by the 
Registrar, that: 
   (a) the design application is in the approved form; and   (b) the design application meets the requirements of regulation 11.18; and 
              (c) the design application identifies, for each design, the product or products in 
relation to which the design is sought to be registered sufficiently to enable 
each product to be classified in accord ance with the Locarno Agreement; and IP/N/1/AUS/D/4 
Page 16  
 
                (d) for a design application mentioned in subsection 23 (2) of the Act — the 
design application identifies the design number that was allocated to the excluded design in the initial application; and 
              (e) if a specimen is filed as a representation of a design — the specimen is of a 
kind that: 
 
                           (i) can be readily mounted in a flat position by affixing it to a paper of 
the size required under paragraph 1 (1) (e) of Schedule 2; and 
   (ii) can be stored without damage to other documents; and  
                           (iii) when mounted, is presented in a way that allows any number of 
copies of the specimen to be reproduced directly by photocopying, 
digital scanning, microfilming and photography; and 
 
              (f) the design application includes 5 copies of each representation of each design 
disclosed in the application; and 
              (g) the number of designs disclosed in the design application is the number of 
designs identified, by the applicant, as being separate designs disclosed in 
application; and 
               (h) the design application complies substantially with the formal requirements set 
out in Schedule 2. 
 
 (2) If the applicant has requested registra tion of some, but not all, of the designs 
disclosed in the design application, the formalities check is confirmation, by the Registrar, that the matters specified in subr egulation (1) are satisfied in relation to the 
part or parts of the application relating to the design or designs covered by the request. 
 
 (3) If the Registrar is not satisfied with th e matter mentioned in paragraph (1) (e), the 
Registrar may, in giving a notice under section 41 of the Act, require the applicant to 
file another representation that complies with the paragraph. 
 
4.06 Registrar must refuse to register certain designs 
 
 For paragraph 43 (1) (a) of the Act, the following classes of designs are prescribed: 
  (a) medals;  (b) designs of a kind that the Registrar mu st, under subregulation 2 (4) of the Protection 
of Word ‘Anzac’ Regulations, refuse to register; 
 (c) designs of a kind mentioned in subsection 19 (1) of the Crimes (Currency) Act 1981 ; 
 (d) designs that are scandalous, or might  reasonably be take n to be scandalous; 
 (e) the Arms, or a flag or seal, of the Commonwealth or of a State or Territory;  (f) the Arms or emblems of:  
  (i) a State or Territory; or 
  (ii) a city or town in the Commonwealth; or   (iii) a public authority or public institution in Australia;   (g) the armorial bearings, flags, State emblems or other signs of another country. 
 
4.07 Period within which Registrar must register certain designs after refusal 
 
 For section 44 of the Act, the prescribed period is 1 month from the date on which the 
Registrar was notified of the revocation of the order.  IP/N/1/AUS/D/4 
 Page 17 
 
 
   
Note    A similar arrangement is  made in regulation 8.02. 
 
4.08 Certificate of registration and notice of registration 
 
 (1) For subsection 45 (3) of the Act, the cer tificate must include the following details in 
relation to the design: 
 
  (a) the registration number; 
  (b) the filing date of the design application first disclosing the design;   (c) the initial term of the registration;   (d) the name and address of the registered owner;   (e) the product or products to which the design relates;   (f) the name of the designer; 
              (g) if a statement of newness and distinctiveness has been provided to the 
Registrar — that statement; 
  (h) if applicable:      (i) details about any basic application made in respect of the design; and 
                           (ii) the design number that was allocated to the excluded design in the 
initial application. 
 
Note    A statement of newness and distinctiveness  is described in paragraph 19 (2) (b) of the Act. 
 
 (2) For subsection 45 (4) of the Act, the notice must:    (a) be in the form of a notice published in the Official Journal ; and 
  (b) include the following details in relation to the design: 
 
   (i) the design number;  
   (ii) the registration number;    (iii) the date on which the design was registered;  
   (iv) the filing date of the design application first disclosing the design;    (v) if applicable:  
                                        (A) details about any basic application made in respect of the 
design; and 
                                         (B) the design number that was allocated to the excluded design 
in the initial application; 
   (vi) the product or products to which the design relates;  
   (vii) the Locarno Agreement classification of the product or each product;  
                           (viii) if a statement of newness and distinctiveness has been provided to 
the Registrar — that statement; 
   (ix) the name and address of the registered owner;  
   (x) the name of the designer.  
Note    A statement of newness and distinctiveness  is described in paragraph 19 (2) (b) of the Act. 
 
4.09 Renewal of registration 
 
 (1) For subsection 47 (2) of the Act, the pre scribed period is the period of 5 years and 6 
months that begins at the start of the term of registration of the design. 
 IP/N/1/AUS/D/4 
Page 18  
 
  Note     If a renewal fee is paid after 5 years, it will attr act the fee set out in paragraph (b) of column 3 of item 5 
of Schedule 4. 
 
 (2) For subsection 47 (3) of the Act, the application must:    (a) be clear that renewal of the regist ration of the design is being requested; and 
  (b) include the registration number of the design; and 
  (c) be accompanied by the fee set out in item 5 of Schedule 4.  
4.10 Surrender of registration 
 
 For paragraph 49 (3) (c) of the Act, the offer must include: 
 
 (a) a statement that an offer is made to surrender the registration of the design; and  (b) the registration number of the design. 
 
Note    Under subsection 49 (2) of the Act, if there is more than 1 registered owner, the offer must be made by all 
the registered owners. 
 
4.11 Revocation of registration on surrender 
 
 (1) For paragraph 50 (2) (a) of the Act, each other person who is entered on the Register 
as having an interest in the design is prescribed. 
 (2) For paragraph 50 (2) (b) of the Act, a person mentioned in subregulation (1) may 
make a submission: 
 
  (a) in writing; and               (b) within 1 month after the date of the notice under paragraph 50 (2) (a) of the 
Act. 
 
 (3) The Registrar must also publish, in the Official Journal , a notice of the offer received 
under section 49 of the Act. 
  (4) If an interested person wishes to be hear d in relation to the offer, he or she must, 
within 1 month after the date of publication of the notice mentioned in 
subregulation (3), give notice to the Registrar of his or her wish to be heard. 
  (5) The Registrar may, as a preliminary issu e, hear and determine the question whether a 
person is an interested person. 
  (6) If an interested person gives notice to the Registrar under subregulation (4), the 
Registrar must give the person an opportunity to be heard before exercising his or her 
powers under subsection 50 (3) of the Act. 
 
4.12 Revocation of registration on grounds relating to entitled persons 
 
 For subsection 51 (2) of the Act, the application must: 
  (a) be made in the approved form; and  (b) include a statement of the grounds on which the application is made.  
4.13 Notice of revocation of registration 
  IP/N/1/AUS/D/4 
 Page 19 
 
 
   For subsection 52 (4) of the Act, the notice must: 
  (a) be in the form of a notice published in the Official Journal ; and 
 (b) include the registration number of the design.  4.14 Applications by entitled persons afte r revocation following surrender of registration 
 
 For paragraph 54 (1) (b) of the Act, an application must be in writing.  
Part 4.4 Publication 
   
4.15 Publication of a design 
 
 (1) For subsection 57 (2) of the Act, the documents:  
  (a) must include the applicant’s name and the designer’s name; and 
  (b) must meet the requirements of regulation 11.18; and               (c) must comply substantially with the formal requirements set out in 
Schedule 2; and 
              (d) must not disclose a design that would have been refused registration under 
paragraph 43 (1) (b), (c) or (d) of the Act; and  
              (e) must not disclose a design that is of a class prescribed in paragraph 4.06 (b), 
(c) or (d). 
  (2) If the design application is in respect  of more than 1 design, the requirements 
specified in subregulation (1) are to be satisfi ed in relation to the part or parts of the 
application relating to the design or designs covered by the request. 
 
Chapter 5 Examination of designs 
     5.01 Requirements for request for examination of design 
  For subsection 64 (1) of the Act, th e following requirements are prescribed: 
  (a) the request must be made in the approved form;  (b) if the request is made by a person other than the registered owner, and contains any 
material in relation to the newness and di stinctiveness of the design — the material 
must be provided in duplicate. 
 
5.02 Grounds for revocation of registration of design 
 
 For paragraph 65 (2) (b) of the Act, a prescrib ed ground is that, under section 43 of the Act, 
the design should not have been registered. 
 
 
5.03 Examination of design — procedures 
 
 (1) For paragraph 65 (3) (a) of the Act, th e procedures set out in this regulation are 
prescribed for the conduct of an examination of a design. 
  (2) If, after considering under subsection 65 (1) of the Act whether a ground for 
revocation under subsection 65 (2) of the Act exists, the Registrar is satisfied that a IP/N/1/AUS/D/4 
Page 20  
 
  ground for revocation has been made out, the Registrar must give notice to the 
registered owner as required under subsection 66 (2) of the Act. 
 
Note    See section 67 of the Act for what is to happe n if the Registrar is satisfied that a ground for 
revocation has not been made out.  
 
 (3) A registered owner may respond to a noti ce given under subsection 66 (2) of the Act 
(including a further notice mentioned in subregulation (6)) by: 
   (a) contesting, in writing, the ground for revocation; or               (b) requesting amendment of  the Register as provided under subsection 66 (3) of 
the Act. 
 
 (4) If the registered owner responds by co ntesting the ground in writing, the Registrar 
must reconsider whether a ground for revo cation under subsection 65 (2) of the Act 
exists, taking into account the written submi ssions made by the registered owner. 
 
 (5) If the registered owner responds by re questing amendment of the Register, the 
Registrar must consider whether the ground  for revocation would be removed if the 
Register were amended as proposed in the request. 
  (6) If:  
              (a) after the reconsidera tion mentioned in subregulation (4), the Registrar 
remains satisfied that a ground for revocation has been made out; or 
              (b) after the considerati on mentioned in subregulation (5), the Registrar is 
satisfied that the ground would not be removed if the Register were amended 
as proposed; 
  the Registrar must: 
              (c) give a further notice to the registered owner under subsection 66 (2) of the 
Act; or 
              (d) give the registered owner a reasonable opportunity to be heard under 
paragraph 68 (4) (a) of the Act. 
 
 (7) A further notice mentioned in subregulati on (6) must, in addition to stating that a 
ground for revocation has been made out, include a statement to the following effect: 
               (a) if the registered owner has contested the ground in writing — that the 
Registrar has taken into account th e written submissions made by the 
registered owner; 
              (b) if the registered owne r has requested amendment of the Register — that the 
ground would not be removed if the Register were amended as proposed. 
 
Note     See section 67 of the Act for what is to ha ppen if the Registrar is satisfied that a ground for 
revocation has not been made out or that any such ground would be removed if the Register 
were amended as proposed.  
 
 (8) If the request for examination was made by  a person other than the registered owner, 
the Registrar must send a copy of the notice given under subsection 66 (2) of the Act 
(including a further notice mentioned in  subregulation (6)) to the person who 
requested the examination. 
  IP/N/1/AUS/D/4 
 Page 21 
 
 
  Note     See section 68 of the Act for what is to ha ppen if the Registrar remains satisfied that a ground 
for revocation has been made out and the ground would not be removed if the Register were 
amended as proposed.  
 
5.04 Period in which examination of a design must be completed 
 
 For paragraph 65 (3) (b) of the Act, the prescribed period is worked out as follows: 
  (a) if a notice is given under subsection 66 (2 ) of the Act in relation to the examination, 
the prescribed period is 6 months after the date of the first notice; 
 (b) if: 
   (i) a person provides material under section 69 of the Act; and               (ii) the Registrar gives the registered owner written notice under 
subsection 66 (2) of the Act of a ground of revocation, based on that material; 
  the prescribed period is whichever of the following periods ends later: 
              (iii) 6 months after the date of the first notice under subsection 66 (2) of the Act 
in relation to the examination;  
              (iv) 3 months after the date of the notice under subsection 66 (2) of the Act that 
first raises the ground of revocation; 
 
 (c) if: 
               (i) the Registrar disconti nues the examination of the design in accordance with 
subsection 63 (4) of the Act; or 
  (ii) if a hearing described in section 67 or 68 of the Act is requested; or 
              (iii) if an appeal is made to the Federal Court against a decision of the Registrar 
under section 67 or 68 of the Act; 
   the prescribed period is the period determined by the Registrar to allow the 
examination to be completed. 
 5.05 Amendment of registration 
 
 (1) For subsection 66 (4) of the Act:    (a) the request must be in writing; and 
              (b) the request must make it clear that an amendment of the Register is being 
requested; and 
              (c) the request must set out  the nature and extent of  the proposed amendments; 
and 
  (d) the request must be accompanied by:  
                           (i) a substitute document or representation incorporating the proposed 
amendments; or 
                           (ii) a statement setting out the proposed amendments and the place at 
which each amendment is proposed to be made; and 
 
  (e) if: 
                            (i) the request is not accompanied by a substitute document or 
representation incorporating the proposed amendments; and IP/N/1/AUS/D/4 
Page 22  
 
                             (ii) the Registrar directs the registered owner under paragraph (2) (b) to 
file a substitute document; 
   the substitute document must have been  filed in accordance with the direction. 
 
 (2) For subsection 66 (5) of the Act: 
   (a) the Registrar must notify the registered owner if:                              (i) the request does not meet the requirements mentioned in 
subregulation (1); or  
                            ( ii) the proposed amendment is of a kind prohibited under 
subsection 66 (6) of the Act; and 
               (b) if the request is not accompanied by a substitute document or representation 
incorporating the proposed amendments, the Registrar may direct the 
registered owner to file a substitute document or representation within the 
time allowed by the Registrar. 
 
5.06 Certificate of examination and notice of examination 
  (1) For paragraph 67 (3) (a) of the Act, the certificate must include: 
   (a) the registration number of the design; and   (b) the date of certification.  
 (2) For paragraph 67 (3) (c) of the Act, the notice must: 
   (a) be in the form of a notice published in the Official Journal ; and 
  (b) include the following details in relation to the design:     (i) the registration number; 
   (ii) the date of certification.  
  (3) In this regulation: 
 
  date of certification  means the date on which the Registrar is satisfied that a 
certificate of examination is to be issued under subsection 67 (3) of the Act in respect 
of the design.  
 
5.07 Revocation of registration after examination 
 
 For subsection 68 (3) of the Act, the notice must: 
 
 (a) be in the form of a notice published in the Official Journal ; and 
 (b) include the following details in relation to the design:    (i) the registration number; 
  (ii) the date on which the design was revoked.  
 
5.08 Material provided to Registrar 
 
 (1) For subsection 69 (2) of the Act, the material must:  IP/N/1/AUS/D/4 
 Page 23 
 
 
   
  (a) be provided in duplicate; and   (b) be accompanied by the approved form; and   (c) be accompanied by evidence of the publication of the material. 
 
Note     Under regulation 11.18, a document that is not  in English must be accompanied by a verified 
translation. 
 
 (2) For paragraph 69 (3) (c) of the Act, the prescribed period:    (a) begins immediately after the mate rial is provided to the Registrar; and 
  (b) ends at the end of 6 years after the term of registration of the design. 
 
Chapter 7 Jurisdiction and powers of courts 
     7.01 Application to court for compulsory licence 
  For subsection 90 (1) of the Act, the prescribed period is 3 years from the date of registration 
of the design. 
 
7.02 Revocation of registration after grant of compulsory licence 
 
 For subsection 92 (1) of the Act, the prescribed  period is 2 years from the date on which the 
licence, or the first licence (if more than 1), was granted under section 90 of the Act in 
relation to the design. 
 
Chapter 8 The Crown 
     
8.01 Acquisition of design by the Commonwealth  
 For subsection 106 (3) of the Act, notice of the acquisition must be published:   (a) in the Official Journal ; and 
 (b) in the Gazette . 
 
Note    The Commonwealth of Australia Gazette  is available in hard copy and online. 
 
8.02 Period within which designs must be registered or published after prohibition 
 
 For subsection 108 (4) of the Act, the prescrib ed period is 1 month from the date on which the 
Registrar was made aware of the revocation of the order. 
 
Note    A similar arrangement is  made in regulation 4.07. 
 
Chapter 9 The Register 
     9.01 Other particulars to be entered in the Register 
  For paragraph 111 (2) (e) of the Act, the following particulars are prescribed:   (a) the address for service of the registered owner;  (b) the name of each other person who has an interest in the design; 
 (c) the designer’s name; IP/N/1/AUS/D/4 
Page 24  
 
   (d) if a statement of newness and distinctiv eness was included in the application — that 
fact. 
 
9.02 Inspection of Register 
  For subsection 113 (1) of the Act, the prescribed  times, in relation to the Designs Office or a 
sub-office of the Designs office, are from 9 am to 5 pm on Monday to Friday other than a public holiday: 
  (a) in the place where the Designs O ffice or the sub-office is located; or 
 (b) for the purposes of the Australia n Public Service in that place. 
 
9.03 Amendments of Register to record changes of ownership 
 
 (1) For subsection 114 (3) of the Act, the prescribed period is 1 month from the date of 
the notice under paragraph 114 (3) (a) of the Act. 
  (2) For subsection 114 (4) of the Act, the request must:    (a) be made in the approved form; and   (b) be accompanied by satisfactory evidence of: 
 
   (i) the assignment of the interest in the design; or                            (ii) the person’s interest in the design by devolution by will or by 
operation of law. 
 9.04 Notice specifying amendments to Register 
 
 For paragraph 116 (b) of the Act, the Registrar must publish a notice in the Official Journal. 
 
9.05 Correction of Register 
  (1) The Registrar may, of his or her own motion, amend an entry in the Register to 
correct a clerical error or an obvious mistake. 
  (2) The Registrar may, on request made in the approved form, amend an entry in the 
Register: 
 
  (a) to correct a clerical e rror or an obvious mistake; or 
              (b) if a name or an address entered in the Register has been changed — to change 
the name or address. 
  (3) If the Registrar proposes to amend an entr y in the Register, the Registrar may give 
notice of the proposed amendment to a person who is entered in the Register as 
having an interest in the design. 
  (4) If a proposed amendment of an entry woul d materially alter the meaning or scope of 
the entry, the Registrar must publish, in the Official Journal , a notice of the request to 
amend the entry. 
  (5) If the Registrar publishes a notice under subregulation (4):   IP/N/1/AUS/D/4 
 Page 25 
 
 
                (a) a person may, by giving  written notice to the Registrar within 1 month of the 
publication of the Registrar’s notice, oppose the amendment; and 
              (b) if a person opposes the amendment under paragraph (a), the person must 
serve a copy of the notice of opposition on the person who requested the amendment; and 
  (c) the Registrar must amend the entry: 
    (i) if no person opposes the amendment — as requested; or                            (ii) if notice of opposition is given — subject to the decision of the 
Registrar or, if applicable, of a tribunal or a prescribed court in 
respect of the opposition. 
 
                Note     If a person gives a notice of opposition to the Re gistrar after the period set out in paragraph (a), 
the person will need an extension of time under section 137 of the Act.  
 
Chapter 10 Administration 
  
10.01 Delegation by Registrar  
 For subsection 124 (1) of the Act, th e prescribed classes of employees are: 
  (a) for any of the powers or functions of the Registrar under the Act (other than the 
powers or functions under paragraphs 127 (1) (a) and (c) of the Act) — an employee 
employed at, or performing duties at, any of the following classifications: 
   (i) Executive Level 2;   (ii) Executive Level 1;   (iii) APS level 6; 
  (iv) APS level 5; 
  (v) APS level 4;   (vi) APS level 3; 
(vii) APS level 2; and 
 
Note     Under paragraphs 127 (1) (a) and (c) of the Ac t, the Registrar may summon witnesses and require the 
production of documents or articles.  
 
 (b) for all or any of the powers or functions of the Registrar under the Olympic Insignia 
Protection Act 1987 — an employee employed at, or performing the duties at, any of 
the following classifications: 
   (i) Executive Level 2; 
  (ii) Executive Level 1; 
  (iii) APS level 6. 
 
Note    For the meaning of employee , see section 5 of the Act.  
 
10.02 Costs (Act s 127) 
 
 (1) A party to proceedings before the Regi strar may apply to the Registrar, in the 
approved form, for an award of cost s in respect of the proceedings. 
 
 (2) The application must be made:  IP/N/1/AUS/D/4 
Page 26  
 
    (a) during the proceedings; or 
  (b) within 3 months from:                             (i) th e day when the Registrar makes a decision that ends the 
proceedings; or 
                           (ii) the da te of the Registrar’s notice to the party that the proceedings 
have been discontinued. 
  (3) The Registrar may award costs only in r espect of a matter mentioned in Schedule 3. 
 
 (4) Before awarding costs for an amount other than for an amount mentioned in 
Schedule 3 in respect of the proceedings, the Registrar must give each party to the proceedings a reasonable opportunity to be heard in relation to the award of costs. 
  (5) If a bill of costs is to be filed in rela tion to the proceedings, the bill must be filed 
within 3 months from the day when the costs are awarded. 
  (6) The amount of costs must be taxed, allowed and certified, in accordance with 
Schedule 3, by the Registrar. 
  (7) The Registrar may review the taxation of  costs carried out by a delegate of the 
Registrar or a person authorised to act for the Registrar. 
 
Chapter 11 Miscellaneous 
 Part 11.2 Fees 
   
11.01 Fees payable  
 (1) For subsection 130 (1) of the Act, the fee to be paid for a matter mentioned in an item 
in Schedule 4 is specified in the item. 
 
 (2) For subsection 130 (3) of the Act, the fee mentioned in an item in Schedule 4 is 
payable as set out in this regulation. 
 
  Who pays 
  (3) A fee specified in an item is payable by  the person (if any) who is specified in the 
item as the person by whom the fee is payable. 
 
  To whom is it payable 
 
 (4) The fee is payable to the Registrar. 
 
  When is it payable 
 
 (5) The fee is payable at the following time:  
              (a) if it is for filing an  application, request or other document — when the 
application, request or other document is filed; 
  (b) if it is for appearing at a hearing:     (i) for the first day — immediately before the hearing; and  IP/N/1/AUS/D/4 
 Page 27 
 
 
                             (ii) for each day or part of a day after the first day — immediately after 
the completion of the hearing. 
 
  How is it paid 
  (6) The fee must be paid in the manne r that the Registrar reasonably directs. 
 
11.02 Failure to pay — fee for filing a design application 
 
 (1) This regulation applies if: 
 
              (a) the fee mentioned in item 1 in Schedule 4 is not paid on the day when it is 
payable; and 
              (b) within 1 month after that day, the Registrar invites the applicant to pay the 
fee within 2 months after the date of the invitation; and 
  (c) the fee is not paid within the 2 month period. 
  (2) The application lapses, or the registrati on of each design disclosed in the application 
that has been registered ceases, at the end of the 2 month period. 
 
11.03 Failure to pay — fee for filing a request for registration covering a further design 
 
 (1) This regulation applies if:                (a) the fee mentioned in item 2 in Schedule 4 is not paid on the day when it is 
payable; and 
              (b) within 1 month after th e date of the first notice given under section 41 of the 
Act in relation to the further design, th e Registrar invites the applicant to pay 
the fee within 2 months after the date of the invitation; and 
  (c) the fee is not paid in accordance with the 2 month period.   (2) The application lapses, or the registrati on of each design disclosed in the application 
that has been registered ceases, at the end of the 2 month period. 
 
11.04 Failure to pay — fee payable by the registered owner for filing a request for 
examination 
  (1) This regulation applies if: 
               (a) the fee mentioned in item 3 in Schedule 4 is not paid on the day when it is 
payable; and 
              (b) within 1 month after that  day, the Registrar invites the registered owner to 
pay the fee within 2 months after the date of the invitation; and 
  (c) the fee is not paid within the 2 month period. 
  (2) The registration of the design ceases, at the end of the 2 month period.  
11.05 Failure to pay — fee payable by the regis tered owner in relation to a request for 
examination filed by another person 
 
 (1) This regulation applies if:  IP/N/1/AUS/D/4 
Page 28  
 
                (a) the fee mentioned in para graph (b) in column 3 of item 4 in Schedule 4 is not 
paid on the day when it is payable; and 
              (b) within 1 month after the fee mentioned in paragraph (a) of item 4 in 
Schedule 4 is paid, the Registrar invit es the registered owner to pay the fee 
within 2 months after the date of the invitation; and 
  (c) the fee is not paid within the 2 month period. 
  (2) The registration of the design ceases at the end of the 2 month period.  
11.06 Failure to pay — certain other fees for filing 
 
 (1) This regulation applies if:    (a) the fee mentioned in:  
   (i) paragraph (a) in column 3 of item 4 in Schedule 4; or  
    (ii) item 7, 8, 9 or 10 in Schedule 4;     is not paid on the day when it is payable; and                (b) within 1 month after th e fee is payable, the Registrar invites the person who 
files the request, application or notice to pay the fee within 2 months after the 
date of the invitation; and 
               (c) the fee is not paid within the 2 month period.   (2) The request, application or notice is taken not to have been filed.  11.07 Failure to pay — fee for requesting a hearing 
 
 (1) This regulation applies if the fee menti oned in item 11 in Schedule 4 is not paid when 
it is payable. 
  (2) No hearing as requested is to be  held until the fee has been paid. 
 
 (3) If:                (a) within 1 month after th e fee is payable, the Registrar invites the person who 
files the request to pay the fee: 
 
   (i) within 2 months after the date of the invitation; or                            (ii) if the date of the hearing occurs before the 2 months period — before 
the date of the hearing; and 
  (b) the fee is not paid in accord ance with the Registrar’s invitation; 
  the request is taken not to have been filed. 
 
11.08 Failure to pay — fee for appearing at a hearing 
 
 If the fee mentioned in paragraph (a) in column  3 of item 12 in Schedule 4 is not paid when it 
is payable, a person cannot appear at the hearing. 
 
11.09 Failure to pay — fees for requesting supply of documents by the Registrar 
 
 (1) This regulation applies if the fee menti oned in item 13, 14 or 15 in Schedule 4 is not 
paid when it is payable.  IP/N/1/AUS/D/4 
 Page 29 
 
 
   
 (2) The Registrar must not process th e request until the fee has been paid. 
  (3) If:  
              (a) the Registrar invites the person who files the request to pay the fee within 2 
months after the date of the invitation; and 
  (b) the fee is not paid within the 2 month period;   the request is taken not to have been filed.  11.10 Consequences if Registrar does not invite payment 
 
 (1) This regulation applies if:                (a) the fee mentioned in item 1,  2, 3, 4, 7, 8, 9 or 10 in Schedule 4 is not paid 
when it is payable; and 
              (b) the Registrar does not give the invitation mentioned in regulation 11.02, 
11.03, 11.04, 11.05 or 11.06 within the time mentioned in that regulation for giving the invitation. 
  (2) The request, application or notice is to be  treated as if the fee had been paid when it 
was payable. 
 
11.11 Exemption from fees (Act s 149) 
 
 The Registrar may exempt a person from the paymen t of the whole or any pa rt of a fee, if the 
Registrar is satisfied on reasonable grounds that th e action is justified having regard to all the 
circumstances.  
 
11.12 Recovery of fees 
 
 A fee payable under these Regulations is rec overable as a debt due to the Commonwealth. 
 
Part 11.5 Extensions of time 
   11.13 Extensions of time for doing a relevant act 
  (1) For subsection 137 (2) of the Act, an application must: 
   (a) be made in the approved form; and               (b) be accompanied by a declaration  setting out the grounds on which the 
application is made. 
 
 (2) For subsection 137 (4) of the Act, the Re gistrar must advertise an application in the 
Official Journal.  
 
 (3) For subsection 137 (5) of the Act, the person must: 
 
              (a) file a notice of his or her opposition in the appr oved form within 1 month 
after the application was advertised; and 
  (b) serve a copy of the notice on the person who applied for the extension.  IP/N/1/AUS/D/4 
Page 30  
 
   (4) If the Registrar grants an extension of ti me under section 137 of the Act, the Registrar 
must publish details of the extension in the Official Journal . 
 
11.14 Consequence of extension — notice of restoration 
  For paragraph 138 (2) (b) of the Act, the Registrar must publish a notice in the Official 
Journal. 
 
Part 11.6 Other 
   
11.15 Agents (Act s 141)  
 (1) This regulation applies if a person (an agent ) acts on behalf of another person (the 
principal ). 
 
 (2) If the agent signs a document on behalf of the principal, the agent must note that fact 
(including the principal’s name) on the document. 
  (3) If the agent is not a legal practitioner, he  or she must not do the following on behalf 
of the principal: 
 
  (a) prepare any document that is to be filed in, or issued from, a court; 
  (b) transact business, or conduct proceedings, in a court.  
11.16 Right of lien of registered patent attorneys (Act s 142) 
  A registered patent attorney has, in relation to  documents and property of a client in a matter 
relating to designs, the same right of lien that a solicitor has in relation to the documents and 
property of a client. 
 
11.17 Filing of documents 
  For paragraph 144 (b) of the Act, a documen t may be filed by facsimile transmission. 
 
11.18 Documents to be in English 
 
 (1) An approved form being filed must be in English. 
 
 (2) Any other document being filed must:    (a) be in English; or               (b) if it is not in English — be accompanied by a translation of the document into 
English that has with it a certificate of verification. 
 
 (3) However, subregulation (2) does not apply to text that forms part of a design.   (4) In this regulation: 
 
  certificate of verification , in relation to a translation,  means a statement, dated and 
signed by a person, to the effect that the tr anslation is, to the best of the knowledge of 
the person, a true and complete tran slation of the accompanying document. 
  IP/N/1/AUS/D/4 
 Page 31 
 
 
  11.19 Service of documents 
 
 (1) If provision is made in an approved form  to state an address for service, the person 
completing the form must state an address for service 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. 
  (2) A person may file a notice of change of his or her address for service.   (3) If a notice of opposition is filed, a party to the opposition proceedings who has filed a 
notice under subregulation (2) must serve a copy of the notice on each other party to 
the proceedings. 
  (4) If a person serves a document on a person othe r than the Registrar, he or she must, as 
soon as practicable after serving the document on the other person, file: 
 
  (a) a notice of the service in the approved form; and   (b) a copy of the document served.  
11.20 Address for correspondence 
  (1) If provision is made in an approved form to state an address for correspondence, the 
person completing the form may state an address to which all correspondence from 
the Registrar can be sent. 
  (2) A person may file a notice of change  of his or her address for correspondence. 
 
 (3) The address for correspondence need not be in Australia.  
11.21 Death of applicant or registered owner (Act s 146, s 147) 
 
 (1) This regulation applies to: 
 
              (a) a legal representativ e who wishes to proceed with the application in 
accordance with section 146 of the Act; or 
              (b) a person who wishes to have the Register amended in accordance with 
section 147 of the Act. 
 
 (2) The legal representative or the person must file:    (a) a request in the approved form; and               (b) any other document that the Registrar reasonably considers to be necessary to 
support the request. 
 
11.22 Exercise of discretionary powers by Registrar (Act s 148)  
 
 (1) The Registrar must not exercise a discretionary power under these Regulations 
adversely to a person without giving that  person an opportunity to be heard. 
 
 Note    Section 148 of the Act provides similarly for the exercise of discretionary power under the Act.  
 IP/N/1/AUS/D/4 
Page 32  
 
   (2) For section 148 of the Act and subregulation (1), the Registrar must give notice of the 
date, time and place of the heari ng to the person as required under 
subregulation 11.23 (2). 
  (3) The Registrar may exercise the discretionary power if the person: 
 
  (a) gives notice to the Registrar that he  or she does not wish to be heard; or 
  (b) does not attend the hearing; or               (c) being an applicant or a registered owner — requests the Registrar to exercise 
the power without the applicant or registered owner appearing at a hearing. 
 
 (4) A request under paragraph (3) (c):    (a) must be in the approved form; and   (b) may be accompanied by written submissions. 
 
 (5) The Registrar must, in exercising the disc retionary power, have regard to any written 
submission given to him or her under paragraph (4) (b). 
  (6) The Registrar must notify a person who has given notice under paragraph (3) (a) of 
his or her decision in relation to the exercise of the discretionary power. 
 
 Note    A person who wishes to be hear d will be notified under regulation 11.23. 
 
11.23 Hearings  
 
 (1) If, under the Act or these Regulations , a person must be given a reasonable 
opportunity to be heard in respect of a matter, the Registrar must, before proceeding to make a determination on the matte r, advise the person, in writing that: 
 
  (a) the person has the opportunity to be heard; and  
              (b) the person must notify the Registrar whether or not the person wishes to be 
heard within a reasonable period,  specified in the notice; and 
              (c) if the person does not notify the Registrar, the Registrar may determine the 
matter without hearing the person. 
 
 (2) The Registrar must give notice of the date, time and place of the hearing to each party 
to the hearing at least 10 days before the day when the hearing is to begin. 
  (3) The Registrar may adjourn the hearing from time to time and from place to place by 
notifying the parties to the hearing accordingly. 
 
 (4) The Registrar may hold a hearing:    (a) at which the parties appear before him or her in person; or               (b) in which a party participates by telephone or other means of 
telecommunications that the Registrar reasonably allows. 
  (5) If a party to a hearing does not intend to appear at the hearing, the party may give a 
written submission to the Registrar before the hearing begins. 
  (6) The Registrar must, in deciding the matte r being heard, have regard to any written 
submission given to him or her under subregulation (5) as if:  IP/N/1/AUS/D/4 
 Page 33 
 
 
   
  (a) the party were present or otherw ise participating in the hearing; and 
              (b) the matter of the submission were presented by the party in the Registrar’s 
presence. 
 
 (7) The Registrar must notify each party to the hearing of his or her decision on the 
matter heard. 
 
11.24 Practice and procedure in relation to applications, oppositions and other matters 
  (1) This regulation applies in relation to: 
               (a) applications, oppositions and matters that the Registrar is authorised, under 
the Act or these Regulations, to hear and decide; and 
  (b) matters being decided on the motion of the Registrar. 
 
 (2) Subject to these Regulations, the prac tice and procedure to be followed for the 
purposes of enabling the application or matter to be decided is to be determined by 
the Registrar. 
  (3) A person to be heard at a hearing may apply to the Registrar in respect of the practice 
and procedure relating to the hearing to  be determined by the Registrar. 
 
11.25 Evidence  
 
 (1) If evidence is given in writing to the Re gistrar for the purposes of the Act or these 
Regulations, the evidence must be in the form of a declaration. 
  (2) The Registrar may:                (a) require a person who has made a declaration to appear before him or her to 
give evidence orally on oath or affirm ation in substitution for, or addition to, 
the evidence contained in the declaration; and 
  (b) allow the person to be cross-examined on the declaration.  
11.26 Declarations 
  (1) A declaration required by the Act or these Regulations to be given to the Registrar 
must:                (a) be headed with the title of the matter in respect of which the declaration is 
made; and 
  (b) be expressed in the first person; and 
              (c) state the name of the person making the declaration and, if applicable, the 
name of the person on whose behalf it is made;  and 
              (d) state the nature and place of business, or the residential address and 
occupation, of the person making the declaration; and 
              (e) be divided into para graphs, each of which must be numbered consecutively 
and, as far as practicable, be confined to 1 subject; and 
              (f) show the name and title of the person before whom the declaration is made; 
and 
  (g) state the date on which, and the place where, the declaration is made.  IP/N/1/AUS/D/4 
Page 34  
 
   (2) A declaration must be made before: 
   (a) a magistrate; or   (b) a justice of the peace; or   (c) a commissioner for affidavits; or 
  (d) a commissioner for declarations; or 
  (e) a notary public; or               (f) an Australian Consular Officer or Australian Diplomatic Officer (within the 
meaning of the Consular Fees Act 1955 ); or 
              (g) a person before whom a statutory d eclaration may be made under the law of 
the State, Territory or foreign country where the declaration is made. 
 
11.27 Non compliance in relation to docume nts other than design applications 
 
 (1) This regulation applies in relation to a document other than a design application. 
 
 (2) A document filed at the Designs Office mu st substantially comply with Schedule 2. 
  (3) If a document does not substantially comply  with Schedule 2, or is not in accordance 
with any applicable approved form, the Re gistrar must, depending on the nature and 
deficiency of the document: 
 
              (a) return the document to the person from whom the document was received, 
with a statement indicating in what way the document does not comply, or is not in accordance; or 
              (b) direct that person to do th e things specified in the direction to ensure that the 
document will comply, or will be in accordance. 
  (4) If the Registrar returns a document under pa ragraph (3) (a), the document is taken not 
to have been filed. 
  (5) If the Registrar gives a direction under pa ragraph (3) (b), the document is taken to 
have been filed unless the person to whom the direction was given does not comply 
with the direction within 2 months from the day when it was given. 
 
11.28 Directions for actions not otherwise prescribed  
  If: 
  (a) the Registrar reasonably believes that it is necessary, for the proper prosecution or 
completion of proceedings before the Registra r, for a person to perform an act, file a 
document or produce evidence; and 
 (b) that action is not specified elsewhere in the Act or these Regulations; 
 the Registrar may give notice to the person directing the person to perform the act, file the 
document or produce the evidence. 
 
11.29 Acting for persons unable to act 
  (1) If a person is incapable of doing anythi ng required or permitted by the Act or these 
Regulations to be done because of infancy, mental disability, physical disability or disease, a court may, on the application by a person acting for the incapable person or 
by any other person interested in the doing of the thing: 
  IP/N/1/AUS/D/4 
 Page 35 
 
 
    (a) do that thing in the name of, and on behalf of, the incapable person; or 
              (b) appoint a person to do the thing in the name of, and on behalf of, the 
incapable person. 
 (2) A thing done in the name of, and on beha lf of, an incapable person is taken to have 
been done by that person as if he or she had not been incapable when the thing was 
done. 
  (3) In this regulation: 
 
  mental disability means a disturbance or defect, to a severely disabling degree, of 
perceptual interpretation, comprehension,  reasoning, learning, judgment, memory, 
motivation or emotion. 
 
11.30 Requirements that cannot be complied with for reasonable causes 
   If: 
              (a) a person is required, under these Regulations, to sign a document, make a 
declaration, file or give to the Registrar a document or evidence, or to do any other act or thing; and 
             (b) the Registrar is satisfied  that the person cannot reasonably comply with the 
requirement; 
  the Registrar may, subject to any condition that he or she reasonably directs, dispense 
with the requirement. 
 
11.31 Review of decisions 
 
 (1) In this regulation: 
 
  decision has the same meaning as in the Administrative Appeals Tribunal Act 1975. 
 
  Tribunal means the Administrative Appeals Tribunal. 
 
 (2) Application may be made to the Tribuna l for review of a decision of the Registrar 
under subparagraph 9.05 (5) (c) (ii). 
  (3) If the Registrar gives a person affected by a decision mentioned in subregulation (2) 
written notice of the making of the decision, the notice must include a statement to 
the effect that, subject to the Administrative Appeals Tribunal Act 1975 , application 
may be made to the Tribunal for review of that decision by or on behalf of the person whose interests are affected. 
  (4) Failure to comply with subregulation (3) in relation to a decision does not affect the 
validity of the decision. 
 
Chapter 12 Repeal, transitional and saving provisions 
     12.01 Conversion of transitional applications 
 
 (1) For paragraph 159 (2) (a) of the Act, the prescribed period:    (a) begins on the commencement of this subregulation; and   (b) ends immediately before: IP/N/1/AUS/D/4 
Page 36  
 
   
   (i) the design is registered; or    (ii) the application lapses or is withdrawn or refused.   (2) For paragraph 159 (2) (c) of the Act, th e request must be made in the approved form. 
 
12.02 Former Designs Regulations — transitional 
 
 Despite the repeal of the Designs Regulations 1982 , those Regulations continue to have effect 
to the extent necessary to give effect to Part 2 of Chapter 12 of the Act.  IP/N/1/AUS/D/4 
 Page 37 
 
 
  Schedule 1  Convention countries 
   (regulation 1.05) 
 
Albania Algeria Andorra Angola 
Antigua and Barbuda 
Argentina Armenia  
Austria Azerbaijan Bahamas 
Bahrain 
Bangladesh Barbados Belarus Belgium 
Belize 
Benin Bhutan Bolivia Bosnia and Herzogovina 
Botswana 
Brazil Brunei Darussalam Bulgaria Burkina Faso 
Burundi 
Cambodia  
Cameroon Canada Central African Republic Chad 
Chile 
China Colombia Congo Costa Rica 
Côte d’Ivoire 
Croatia Cuba Cyprus Czech Republic 
Democratic Republic of the Congo  
Denmark (including Faroe Islands) 
Djibouti Dominica Dominican Republic Ecuador 
Egypt 
El Salvador Equatorial Guinea 
Estonia Fiji Finland 
France (including all Overseas Departments and 
Territories) 
Gabon Gambia Georgia Germany 
Ghana 
Greece Grenada Guatemala Guinea 
Guinea-Bissau 
Guyana  
Haiti Holy See Honduras 
Hong Kong, China 
Hungary Iceland India Indonesia 
Iran, Islamic Republic of 
Iraq Ireland Israel Italy Jamaica 
Japan 
Jordan Kazakhstan Kenya Korea, Democratic People’s Republic of 
Korea, Republic of 
Kuwait Kyrgyzstan Lao People’s Democratic Republic Latvia 
Lebanon 
Lesotho Liberia  
Libyan Arab Jamahiriya Liechtenstein Lithuania 
Luxembourg 
Macau, China IP/N/1/AUS/D/4 
Page 38  
 
  Madagascar 
Malawi Malaysia Maldives Mali 
Malta 
Mauritania Mauritius Mexico Moldova  
Monaco 
Mongolia Morocco Mozambique Myanmar 
Namibia 
Nepal Netherlands (including the Netherlands Antilles 
and Aruba) 
New Zealand (excluding the Cook Islands, Niue 
and Tokelau) 
Nicaragua Niger Nigeria Norway Oman 
Pakistan 
Panama Papua New Guinea Paraguay Peru 
Philippines 
Poland Portugal Qatar Romania 
Russian Federation 
Rwanda Saint Kitts and Nevis Saint Lucia Saint Vincent and the Grenadines San Marino 
Sao Tome and Principe  
 Saudi Arabia 
Senegal Serbia and Montenegro  
Seychelles Sierra Leone 
Singapore  
Slovak Republic  
Slovenia Solomon Islands South Africa 
Spain 
Sri Lanka Sudan Suriname Swaziland 
Sweden 
Switzerland Syrian Arab Republic Taiwan Tajikistan 
Tanzania 
Thailand The former Yugoslav Republic of Macedonia Togo Tonga Trinidad and Tobago 
Tunisia 
Turkey Turkmenistan Uganda Ukraine 
United Arab Emirates 
United Kingdom (including the Isle of Man) United States of America (including all territories 
and possessions, including the Commonwealth 
of Puerto Rico) 
Uruguay Uzbekistan Venezuela Viet Nam Zambia 
Zimbabwe 
 
    
 
   IP/N/1/AUS/D/4 
 Page 39 
 
 
  Schedule 2  Formal requirements 
   (regulations 4.04, 4.05, 4.15 and 11.27) 
   
1 Fitness for reproduction 
 
 (1) Each sheet included in a document must:  
              (a) be presented in a way that allows any number of copies of the sheet to be 
reproduced directly by photocopying , digital scanning, microfilming and 
photography; and 
  (b) not be folded, creased or cracked; and   (c) subject to subclause 5 (4), have its  content presented in a vertical format; and 
  (d) be durable, flexible, smooth, st rong, white and have a matt finish; and 
  (e) be of international sheet size A4; and 
  (f) be printed on 1 side only.   (2) A document must be free from any erasures, alterations, overwriting and 
interlineations that, in the reasonable opinion of the Registrar, would: 
 
  (a) compromise the authenticity of the document; or   (b) reduce the likelihood of clear reproduction of the document.  
2 Separate sheets 
  (1) The sheets included in an application must be connected so that they may: 
   (a) be readily turned to be read; and   (b) be readily separated for the purpo ses of reproduction and be readily rejoined. 
 
 (2) Representations must be on a separate sheet  or separate sheets to any other documents 
filed in relation to the application. 
 
3 Margins 
  (1) Each sheet must have a margin of at least 2.5 cm on each side. 
  (2) A sheet of representations must not c ontain a frame surrounding the representations. 
 
4 Textual matter 
  (1) All textual matter must: 
   (a) be typewritten; or   (b) if it cannot be typewritten — be  in large and legible handwriting. 
 
 (2) The lines of any typewritten text must be 1½ spaced or double spaced
  
  (3) The text must:    (a) be presented in letters the capitals of which are at least 0.21 cm high; and 
  (b) be presented in a dark colour; and 
  (c) be indelible. IP/N/1/AUS/D/4 
Page 40  
 
   
5 Additional requirements for representations 
 
 (1) A single representation must not exceed a single sheet.  
 (2) A single sheet may include more than 1 representation. 
  (3) Subject to subclause (4), if there are 2 or more representations on a sheet, each 
representation must be presented in a vertical format and be separated from each other. 
 
 (4) If the representations on a sheet cannot be presented in a vertical format, each 
representation must be presented in a horizontal format with the top of the representation towards the left of the sheet  (when viewed in a vertical format). 
 
 (5) Each sheet of representations must be numbered using a pair of numbers (written in 
Arabic numerals) separated by ‘/’, the 1st number being the sheet number (beginning with ‘1’) and the 2nd number being the tota l number of sheets of representations (eg 
1/10, 2/10 and 3/10). 
  (6) If: 
 
  (a) the application is for 1 design; and               (b) the design is a common design in relation to more than 1 product;   the representations must show the design in relation to each product identified in the 
application 
 
 (7) If the application is for more than 1 design:    (a) each design must be separately and clearly indicated; and   (b) a single sheet cannot be used to show more than 1 design.  
 (8) Originals and copies of drawings must be executed in durable, black, dense, dark, 
uniformly thick and well-defined lines and strokes without colouring. 
  (9) A line in a drawing must generally be drawn with the aid of drafting instruments.  
 (10) A cross-section must be indicated by oblique hatching that does not impede the clear 
reading of reference letters, num bers or signs and leading lines. 
  (11) The scale of a representation and the di stinctness of its execution must enable all 
details to be distinguished without diffi culty on a photographic reproduction of the 
representation with a 2/3 linear reduction in size. 
 
 (12) Each representation must be shown in  proper proportion to each other representation, 
except when the use of a different pr oportion is necessary for clarity of the 
representation. 
 
 (13) A letter, number or reference line shown on a representation must be presented 
simply and be clear. 
  (14) Brackets, braces, circles or inverted commas must not be used in association with 
letters or numbers.  IP/N/1/AUS/D/4 
 Page 41 
 
 
   (15) A representation must not include descr iptive text, other than any word or words 
necessary for the understanding of the representation. 
  (16) The height of a letter or a number in  a representation must be at least 0.32 cm. 
 6 Photographs and digital images 
 
 (1) Photographs must be original and clear.   (2) Photographs of specimens must be taken against a neutral and contrasting 
background. 
  (3) Photographs must be mounted on paper as follows:                (a) the paper and mounting adhesive must be of a nature that will not cause 
deterioration of the photograph; 
              (b) the paper and mounting must allow any number of copies of the photograph 
to be reproduced directly by photocopying, digital scanning, microfilming and photography; 
  (c) the photograph and paper must not be folded, creased or cracked;               (d) subject to subclause 5 (4), the photograph must be mounted in a vertical 
format; 
  (e) the photograph must be mounted:                             (i) on pape r that is durable, flexible, smooth, strong, white and have a 
matt finish; and 
   (ii) on paper that is of international sheet size A4; and 
   (iii) on 1 side of the paper only.   (4) Representations printed from a digital im ages must be clear and of high definition. 
 
7 Electronic documents 
 
 A document that is filed in electronic form must be in the approved form.  
8 Scandalous matter 
  An application must not contain any scandalous  matter, or matter that might reasonably be 
taken to be scandalous. IP/N/1/AUS/D/4 
Page 42  
 
  Schedule 3  Costs 
   (regulation 10.02) 
 
 
Part 1  Costs 
 
Item Matter Amount 
1 Preparing a notice of opposition  $180 
2 Receiving and perusing notice of opposition $90 
3 Preparation of case for hearing $360 4 Attendance at hearing by a registered patent attorney or solicitor 
without counsel $180 an hour, but not 
more than $810 a day 
5 Attendance at hearing by a registered patent attorney or solicitor 
instructing counsel $145 an hour, but not 
more than $650 a day  
6 Counsel fees for attendance at hearing $240 an hour, but not 
more than $1 080 a day  
 
 
Part 2  Expenses and allowances 
 
Division 1 Expenses 
 
1 A person who has paid a fee prescribed in these Regulations in relation to proceedings before 
the Registrar may be paid the amount of the fee. 
 
Note     If the person wishes to be paid, the person mu st apply for an award of costs in respect of the 
proceedings: see regulation 10.02.  
 
2 A person attending proceedings befo re the Registrar must be paid: 
  (a) a reasonable amount for allowances for tr ansport between the person’s usual place of 
residence and the place where he or she attends the proceedings; and 
 (b) if the person is required to be absen t overnight from his or her usual place of 
residence — a reasonable amount for allowances up to a daily maximum of $405 for meals and accommodation. 
 
Division 2 Allowances 
 
3 A person who, because of his or her professional, scientific or other special skill or 
knowledge, is summoned to appear as a witn ess before the Registrar must be paid: 
  (a) if the person is remunerated in his or her occupation by wages, salary or fees — an 
amount equal to the amount of wages, salary or fees not paid to the person because of 
his or her attendance as a witness; or 
 (b) in any other case — an amount of not less than $95, or more than $475, for each day 
when he or she so attends. 
 4 A person summoned to appear as a witness, othe r than a witness referred to in clause 3, before 
the Registrar must be paid: 
  IP/N/1/AUS/D/4 
 Page 43 
 
 
   (a) if the person is remunerated in his or her occupation by wages, salary or fees — an 
amount equal to the amount of wages, salary or fees not paid to the person because of his or her attendance as a witness; or 
 (b) in any other case — an amount of not less than $54, or more than $89, for each day 
when he or she so attends. IP/N/1/AUS/D/4 
Page 44  
 
  Schedule 4 Fees 
       (regulation 11.01) 
 
 
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 $360 
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 — $180; and 
 (b) payable by the registered owner — 
$180 
5 Filing an application for renewal of the 
registration of a design  (a) $275; and 
 (b) 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 
  (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;   IP/N/1/AUS/D/4 
 Page 45 
 
 
  Item Matter Fee 
  (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 $500 
12 Appearing at a hearing  (a) for the first day — $500 less any 
amount paid under item 9 or 10 in relation to the hearing; and 
   (b) if the hearing runs for more than a 
day — $500 for each day or part of a day after the first day 
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) $25 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) $25 for the document; or 
 (b) if a search is required for the 
document — $100 for the document  
 
Note 
 
1. Notified in the Commonwealth of Australia Gazette  on 11 June 2004. 
__________