Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p13
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 34043–36627

relation to which the request is made; and
 (f) must not relate to a matter published by the Registrar on the IP Australia website to be a matter for which an AFS request is not available; and
 (g) if the AFS request relates to a matter for which the Registrar has published conditions on the IP Australia website—must comply with the conditions.
 (4) If the fee mentioned in paragraph (2)(b) remains unpaid 5 working days after an AFS request is submitted, the AFS request is incomplete and is taken not to have been submitted.
 (5) A requester may amend an AFS request before it is assessed by the Registrar by advising the Registrar of the details of the amendments and providing:
 (a) any material to be added to the AFS request; and
 (b) any other document required by the Registrar in relation to the amendment; and
 (c) any fee prescribed in relation to the amendment.
 (6) For the fee prescribed for an amendment mentioned in paragraph (5)(c), the Registrar may:
 (a) decide to waive the fee; or
 (b) decide not to waive the fee, and require that payment of the fee be made within the period of 5 working days after that decision.
 (7) The Registrar must amend the AFS request on receipt of an amendment:
 (a) that complies with subregulation (5); and
 (b) in respect of which the fee, if any, has been paid.

3A.4  AFS request—assessment by Registrar
 (1) After receiving an AFS request the Registrar must, as soon as practicable, assess the AFS request having regard to the requirements of Part 4 of the Act and form an opinion whether or not:
 (a) the AFS request would, if submitted in that form as an application for registration under Part 4 of the Act, be in accordance with that Part; and
 (b) there would be grounds under Division 2 of Part 4 of the Act for rejecting the AFS request.
 (2) After forming an opinion the Registrar must, as soon as practicable, inform the requester of:
 (a) the opinion; and
 (b) the procedural requirements of regulation 3A.5 for making an amendment to the AFS request; and
 (c) the procedural requirements for making an application for the registration of a trade mark under Part 4 of the Act.
 (3) The Registrar may inform the requester:
 (a) in writing, by mail, fax or email; or
 (b) by telephone; or
 (c) in person.

3A.5  AFS request—formal requirements for amendment or proceeding to Part 4 application
 (1) The requester may, within 5 working days after being informed by the Registrar under subregulation 3A.4(2), or within an extended period as decided by the Registrar under regulation 3A.7:
 (a) amend the AFS request under