Document ID: chunk:federal_register_of_legislation:C2004A02420:body:0:p22
Version: federal_register_of_legislation:C2004A02420
Segment Type: other
Provision Reference: 
Character Range: 51214–53833

the Registrar such fees as are prescribed in respect of the doing of an act by the Registrar, or the lodging of a document, under this Act.
"(2) Where, in accordance with the regulations, a fee is payable in respect of the doing of an act by the Registrar under this Act, the Registrar shall not do that act until the fee has been paid.
"(3) Where, in accordance with the regulations, a fee is payable in respect of the doing of an act by a person other than the Registrar, the act shall be deemed not to have been done until the fee has been paid.
"(4) Where, in accordance with the regulations, a fee is payable in respect of the lodging of a document under this Act, the document shall be deemed not to have been lodged until the fee has been paid.

Powers of Registrar
"42a. The Registrar may, for the purposes of this Act—
      (a) summon witnesses;
      (b) receive evidence on oath, whether orally or otherwise;
      (c) require the production of documents or articles; and
      (d) award costs against a party to proceedings before him.

Disobedience to summons an offence
"42b. (1) A person who has been summoned to appear as a witness before the Registrar shall not, without lawful excuse, and after tender of reasonable expenses, fail to appear in obedience to the summons.

"(2) A person who has been required by the Registrar to produce a document or article shall not, without lawful excuse, and after tender of reasonable expenses, fail to produce the document or article.
Penalty: $100.

Refusal to give evidence an offence
"42c. A person who appears before the Registrar as a witness shall not, without lawful excuse, refuse to be sworn or to make an affirmation, or to produce documents or articles, or to answer questions, that he is lawfully required to produce or answer.
Penalty: $100.

Recovery of costs
"42d. Costs awarded by the Registrar may, in default of payment, be recovered in a court of competent jurisdiction as a debt due by the person against whom the costs were awarded to the person in whose favour they were awarded.".

Registrar may recognize agents
27. Section 44 of the Principal Act is amended by omitting "industrial".

False representation that a design is registered
28. Section 45 of the Principal Act is amended by omitting from sub-section (1) "Forty dollars" and substituting "$200".

29. After section 45 of the Principal Act the following sections are inserted:

Exercise of discretionary power by Registrar
"46. Where a discretionary power is by this Act given to the Registrar, he shall not exercise that power adversely to a person without giving to that person