Document ID: chunk:federal_register_of_legislation:C2004A02420:body:0:p16
Version: federal_register_of_legislation:C2004A02420
Segment Type: other
Provision Reference: 
Character Range: 36644–39394

from sub-section (1) "registered owner of a design" and substituting "owner of a registered design"; and
      (b) by omitting from paragraphs (1) (a) and (b) "registered" (wherever occurring).

22. Section 38 of the Principal Act is repealed and the following sections are substituted:

Registration of assignments, transmissions, &c.
"38. Where a person becomes entitled to a registered design by assignment, transmission or other operation of law, he shall apply to the Registrar to register his title, and the Registrar shall, on receipt of the application, and on

proof to the satisfaction of the Registrar of the title of the applicant, cause the name of the applicant to be entered in the register as the owner of the design.

Registration of mortgages, licences, &c.
"38a. Where a person becomes entitled as mortgagee, licensee or otherwise to an interest in a registered design, he shall apply to the Registrar to register his title, and the Registrar shall, on receipt of the application, and on proof to the satisfaction of the Registrar of the title of the applicant, cause notice of the interest to be entered in the register, together with particulars of the instrument creating the interest.

Unregistered instruments not to be admitted in evidence
"38b. Except in the case of an application under section 39, a document or instrument in respect of which no entry has been made in the register in accordance with the provisions of this Act is not, unless the court otherwise directs, admissible in evidence in a court in proof of title to a design or to an interest in a design.".

Rectification of register
23. Section 39 of the Principal Act is amended—
      (a) by omitting from sub-section (1) "the Supreme Court" and substituting "a prescribed court";
      (b) by inserting in paragraph (1) (b) "or amendment" after "expunging";
      (c) by omitting sub-section (1a) and substituting the following sub-section:
     "(1a) The reference in sub-section (1) to the expunging of an entry wrongly remaining on the register includes a reference to the expunging of an entry effecting the registration of a design where that design ceases to be in force by reason of sub-section 27a (16)."; and
      (d) by adding at the end thereof the following sub-section:
     "(3) An office copy of an order under this section shall be served on the Registrar, who shall, upon receipt of the order, take such steps as are necessary to give effect to the order.".

24. Section 40 and Part VIa of the Principal Act are repealed and the following Parts substituted:

"PART VIa—THE CROWN

Interpretation
"40. (1) In this Part, 'State' includes the Northern Territory.
"(2) In this Part, a reference to the Commonwealth shall be read as including a