Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p57
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 142990–145753

(iii) a copy of each response to which paragraph (3)(b) refers, and of each written submission to which subparagraph (ii) refers, that is made by another person.
 (5) If a person who is invited to attend a conference:
 (a) informs the Commission that the person does not wish to attend the conference; or
 (b) does not attend the conference;
the conference may proceed in the absence of the person.

16.5  Consideration of applications
 (1) In considering an application for registration of a certification trade mark for the purposes of making a decision under subsection 175(2), (3) or (4) of the Act (which deal with consideration of applications), the Commission must have regard to the matters specified in subregulation (2).
 (2) The Commission must have regard to:
 (a) the initial assessment; and
 (b) any response in relation to a notice under subregulation 16.3(2) or a publication under subregulation 16.3(3) that is relevant; and
 (c) any relevant submission that is made to the Commission in writing about the initial assessment, whether or not the submission is made in relation to a conference; and
 (d) any relevant oral submission made during a conference; and
 (e) any other relevant matter.

16.6  Criteria for Commission consideration of rules
  For the purposes of paragraph 175(2)(b) of the Act (which deals with criteria for rules governing use), the Commission must have regard to the following criteria:
 (a) the principles relating to restrictive trade practices set out in Part IV of the Competition and Consumer Act 2010;
 (b) the principles relating to unconscionable conduct set out in Part 2‑2 of the Australian Consumer Law (within the meaning of that Act);
 (c) the principles relating to unfair practices, safety and product information set out in Parts 3‑1, 3‑3 and 3‑4 of the Australian Consumer Law.

16.7  Matters to be included in publication of adverse decision
  For the purposes of paragraph 175(4)(b) of the Act (which deals with publication of a decision of the Commission not to give a certificate), the publication of the matter must:
 (a) be in a computer database maintained by the Trade Marks Office; and
 (b) include a statement to the effect that, subject to the Administrative Review Tribunal Act 2024, application may be made to the ART for the review of the decision to which the publication relates.

16.7A  Publication of decision to accept or reject application
  For the purposes of paragraph 176(3)(b) of the Act, the decision must be published in a computer database maintained by the Trade Marks Office.

16.8  Applications to vary rules
 (1) For the purposes of subsection 178(1) of the Act (which deals with the variation of rules), the registered owner of a certification trade mark may apply to the