Document ID: chunk:federal_register_of_legislation:F2024C00939:front:0:p18
Version: federal_register_of_legislation:F2024C00939
Segment Type: other
Provision Reference: 
Character Range: 43472–45960

The application must be made:
 (a) during the proceedings; or
 (b) within 3 months from:
 (i) the day when the Registrar makes a decision that ends the proceedings; or
 (ii) the date of the Registrar's notification to the party that the proceedings have been discontinued.
 (3) The Registrar may award costs only in respect 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 relation 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
 (ii) for each day or part of a day after the first day—immediately after the completion of the hearing.

Publication
 (6) For the purposes of subsection 130A(3) of the Act, the Registrar must publish the notice in the Official Journal.

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