Document ID: chunk:federal_register_of_legislation:F2024C00893:reg:5:p1
Version: federal_register_of_legislation:F2024C00893
Segment Type: reg
Provision Reference: reg 5 (pt 1/8)
Character Range: 345979–348608

5     Another person who:
      (a) is an SES employee of IP Australia; and
      (b) acts with the agreement of another SES employee of IP Australia

Note: SES employee is explained in section 34 of the Public Service Act 1999. That meaning is applied generally to Commonwealth legislation by section 2B of the Acts Interpretation Act 1901.
 (3) For paragraph 223A(2)(b) of the Act, the prescribed way of publishing a declaration is on the IP Australia website.

21.24C  Period for doing certain acts—acts to which section 223A does not apply
  For subsection 223A(7) of the Act, the following acts are prescribed:
 (a) an act done in opposition proceedings, other than the filing of a notice or request with the Trade Marks Office, under the following provisions:
 (i) Part 5, 9 or 21 of the Act;
 (ii) Part 5, 9, 17A or 21 of these Regulations;
 (b) an act done in relation to proceedings in a court or a tribunal;
 (c) the filing of a notice of opposition with a court under section 96 of the Act;
 (d) an act done under Part 13 or 16 of the Act;
 (e) an act done under Part 13, 16 or 20 of these Regulations.

21.25  Extension of time—application
  For the purposes of subsections 224(2) and (3) of the Act (which deal with extensions of time), an application for an extension of time for doing a relevant act:
 (a) must be in an approved form; and
 (b) must be accompanied by a declaration stating:
 (i) the facts on which the grounds specified in the application are based; and
 (ii) if the period for doing the relevant act has ended—the reason why the application was not made before the period ended.
Note: Regulations 21.6 and 21.7 deal with making and filing declarations.

21.28  Extension of time—prescribed acts and documents
 (1) For the purposes of paragraph (a) of the definition of relevant act in subsection 224(8) of the Act, the following acts are prescribed:
 (a) complying with the requirements of subregulation 4.2(1);
 (aa) filing notice of a claim to a right of priority under subsection 29(1) of the Act;
 (b) applying for the registration of a trade mark in the circumstances described in paragraph 29(1)(b) of the Act;
 (c) making a divisional application for the registration of a trade mark under subsection 45(1) of the Act;
 (f) filing evidence under regulation 5.14, 9.16, 17A.34J or 17A.48R;
 (j) requesting that an application for the registration of a trade mark be amended under paragraph 64(b) of the Act;
 (k) requesting renewal of the registration of a trade mark under sections 79, 80D or 80G of the Act;
 (n) complying with the authorised user's request referred to in regulation 13.2;