Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p90
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 225038–227796

Registrar may give directions as to the procedure to be adopted in a hearing mentioned in paragraph (a).
 (2) The Registrar may determine the procedure to be adopted in a hearing under this subdivision as the Registrar sees fit, according to the circumstances in the particular case.
 (3) Regulation 21.14 does not apply to a hearing under this subdivision.
Note: Regulation 21.14 provides for the conduct of proceedings generally under these Regulations.
 (4) The Registrar may hear any person if the Registrar is satisfied that it would be reasonable to do so in all the circumstances.

17A.42D  Effect of amendment or cessation of protection by Registrar
 (1) This regulation applies if the Registrar exercises any of the powers mentioned in subregulation 17A.42A(1).
 (2) Subject to subregulation (3), the exercise by the Registrar of a power mentioned in subregulation 17A.42A(1) is taken to have had effect from the date of effect of the protection of the protected international trade mark, and in particular:
 (a) any reduction in scope of the protection is taken to apply from that date; and
 (b) any condition or limitation imposed by the Registrar is taken to have had effect from that date; and
 (c) any removal or amendment of an entry in the Record of International Registrations is taken to have had effect from that date.
Note: See regulation 17A.4 for the meaning of date of effect.
 (3) For subregulation (2), the exercise of a power mentioned in subregulation 17A.42A(1) has effect as follows:
 (a) for the application of a provision in Part 12, 13 or 14 of the Act as applied by regulation 17A.39, or a provision in Part 13 of these regulations—from the date the power is exercised;
 (b) for the application of subsection 230(2) of the Act as applied by regulation 17A.71:
 (i) in relation to a defendant who was the holder of the protected international trade mark before the exercise of the power—from the date the power is exercised; or
 (ii) in relation to a defendant who was an authorised user of the protected international trade mark before the exercise of the power—from the date the defendant becomes aware of the exercise of the power.

17A.42E  Registrar to notify Comptroller‑General of Customs
 (1) If the Registrar exercises a power mentioned in subregulation 17A.42A(1) the Registrar must notify the Comptroller‑General of Customs in writing.
 (2) Despite paragraph 17A.42D(3)(a), if the Comptroller‑General of Customs seizes under Part 13 of the Act goods in respect of which the protected international trade mark was protected before the exercise of a power mentioned in subregulation 17A.42A(1), the Commonwealth is not liable for any loss or damage suffered because of the seizure unless:
 (a) the Registrar gives the