Document ID: chunk:federal_register_of_legislation:C2025C00117:section:40t
Version: federal_register_of_legislation:C2025C00117
Segment Type: section
Provision Reference: s 40T
Character Range: 169683–170857

40T  Making of determinations
 (1) In determining a geographical indication, the Committee must:
 (a) identify in the determination the boundaries of the area or areas in the region or locality to which the determination relates; and
 (b) determine the indication to be used to indicate that area or those areas; and
 (c) determine any conditions of use that are to be applicable to the geographical indication.
 (2) If the regulations prescribe criteria for use by the Committee in determining a geographical indication, the Committee is to have regard to those criteria.
 (3) When making a determination as a result of an application, the Committee may do either or both of the following:
 (a) determine an area or areas having boundaries different from those stated in the application;
 (b) determine an indication to be used to indicate the area or areas constituting the geographical indication that is different from an indication proposed in the application.
 (4) In determining a geographical indication, the Committee must not consider any submission to the extent that the submission asserts a trade mark right in respect of the proposed geographical indication.