Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p112
Version: federal_register_of_legislation:F2024C00893
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whom the Registrar may delegate all or any of the Registrar's powers or functions under the Act.

Part 20—Registered trade marks attorneys

Division 1—General

20.1A  Application of Part
  This Part applies to:
 (a) a trade marks attorney who is not an incorporated trade marks attorney; and
 (b) an individual applying for registration as a trade marks attorney.

20.1  Interpretation
  In this Part:
AQF means the Australian Qualifications Framework.
serious offence means an offence that:
 (a) involves obtaining property or a financial advantage by deception or fraudulent conduct; and
 (b) is either:
 (i) an indictable offence against a law of the Commonwealth, a State or a Territory (whether or not the offence may be dealt with summarily); or
 (ii) an offence against a law of a foreign country that would be an indictable offence against a law of the Commonwealth, a State or a Territory if committed in Australia (whether or not the offence could be dealt with summarily if committed in Australia).
unsatisfactory professional conduct has the meaning given by regulation 20.32 of the Patents Regulations 1991.

Division 2—Obtaining registration for first time

20.2  Form of application
  An application for registration as a trade marks attorney must:
 (a) be in writing, in a form approved by the Designated Manager; and
 (b) be accompanied by evidence and material mentioned in regulation 20.3; and
 (c) be accompanied by the fee mentioned in item 28 of Schedule 9.

20.3  Evidence that applicant meets registration requirements
 (1) An application for registration as a trade marks attorney must be accompanied by the following:
 (a) evidence that the Board is satisfied that the applicant has, or is entitled to the award of, an academic qualification of a kind mentioned in regulation 20.6;
 (b) evidence that the Board is satisfied that the applicant has the knowledge of intellectual property law and practice that is required for a person to practise as a trade marks attorney;
 (c) a declaration, by the applicant, that he or she:
 (i) has not, in the 5 years preceding the application, committed an offence prescribed by subregulation 20.10(1); and
 (ii) is not under sentence of imprisonment for an offence prescribed by subregulation 20.10(2);
 (d) a declaration, by another person, that the applicant is of good fame, integrity and character.
 (2) A declaration under paragraph (1)(d) must contain details of the basis of the opinion that the applicant is of good fame, integrity and character.

20.4  Certificate of registration
  If the Designated Manager registers a person as a trade marks attorney, the Designated Manager must give the person a certificate of registration.

20.5  Evidence of academic qualifications
 (1) The Board must be satisfied that a person has a qualification mentioned in regulation 20.6 if: