Document ID: chunk:federal_register_of_legislation:F2024C00939:front:0:p24
Version: federal_register_of_legislation:F2024C00939
Segment Type: other
Provision Reference: 
Character Range: 57230–59921

must notify the person of the Registrar's decision.

11.23  Written submissions and oral hearings

Written submissions
 (1) If the Registrar decides that a person may be heard by way of written submissions, the Registrar must:
 (a) notify the person of the period in which the submissions must be filed (being a period of at least 10 business days); and
 (b) decide the matter after considering the written submissions; and
 (c) notify the person of the Registrar's decision in relation to the exercise of the discretionary power.

Oral hearings
 (2) If the Registrar decides that a person may be heard by way of an oral hearing, the Registrar must notify the date, time and place of the hearing to the person at least 10 business days before the day the hearing is to begin.
 (3) The Registrar may adjourn an oral hearing from time to time or from place to place by notifying the person.
 (4) The Registrar may hold an oral hearing in which:
 (a) a person appears in person; or
 (b) a person participates by telephone or other means of telecommunications that the Registrar reasonably allows.
 (5) In addition to the Registrar's other powers, the Registrar may direct a person to provide a written summary of submissions.
 (6) The Registrar must notify a person who appears at the hearing of the Registrar's decision in relation to the exercise of the discretionary power.

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 practice 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  Giving of oral evidence
  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 affirmation 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 or permitted by the Act or these Regulations to be given to the Registrar must be in the approved form.
Note: Declaration forms in the approved form are available on the IP Australia website at www.ipaustralia.gov.au.
 (2) A declaration in the form of a statutory