Document ID: chunk:federal_register_of_legislation:C2004A03839:body:0:p8
Version: federal_register_of_legislation:C2004A03839
Segment Type: other
Provision Reference: 
Character Range: 18732–21473

TO THE ADMINISTRATION OF THE DESIGNS ACT 1906, THE PATENTS ACT 1952 AND THE TRADE MARKS ACT 1955
Designs Act 1906

Subsection 8 (1):
Add at the end ", who shall, under the Minister, have the chief control of the Designs Office".

After subsection 8 (5):
Insert the following subsections:
"(5a) The exercise of a power, or the performance of a function, of the Registrar under this Act by the Deputy Registrar does not prevent the exercise of the power, or the performance of the function, by the Registrar.
"(5b) Where, under this Act, the exercise of a power or function by the Registrar, or the operation of a provision of this Act, is dependent upon the opinion, belief or state of mind of the Registrar in relation to a matter, that power or function may be exercised by the Deputy Registrar, or that provision may operate, as the case may be, upon the opinion, belief or state of mind of the Deputy Registrar in relation to that matter.".

Section 8a:
Repeal the section, substitute the following section:

Delegation by Registrar
"8a. The Registrar may, by writing, delegate all or any of the Registrar's powers under this Act to:
     (a) a person holding or performing the duties of a specified Australian Public Service office under the control of the Registrar; or
     (b) an employee (within the meaning of the Public Service Act 1922) who is employed under the control of the Registrar.".
Patents Act 1952

Section 6 (definition of "Examiner"):
Omit the definition, substitute the following definition:
" 'Examiner' means an Examiner of Patents holding office under this Act;".

Section 6 (definition of "the Commissioner"):
Omit the definition.

SCHEDULE 1—continued

Section 6:
Insert the following definition:
     " 'Commissioner' means the Commissioner of Patents holding office under this Act;".

After subsection 10 (2):
Insert the following subsections:
"(2a) A power or function of the Commissioner under this Act, when exercised or performed by the Deputy Commissioner of Patents, shall, for the purposes of this Act, be taken to have been exercised or performed by the Commissioner.
"(2b) The exercise of a power, or the performance of a function, of the Commissioner under this Act by the Deputy Commissioner of Patents does not prevent the exercise of the power, or the performance of the function, by the Commissioner.".

Subsection 10 (5):
Omit "Supervising Examiners of Patents and".

Subsection 10 (6):
Omit the subsection, substitute the following subsection:
"(6) The offices of Examiners of Patents may be divided into classes and, if such a division occurs, all of the offices with a particular title (being a title that consists of, or that includes, the words 'Examiner of Patents') shall be taken to form