Document ID: chunk:federal_register_of_legislation:F2024C00893:reg:5:p4
Version: federal_register_of_legislation:F2024C00893
Segment Type: reg
Provision Reference: reg 5 (pt 4/8)
Character Range: 353267–356255

to do an act or thing, sign a document, make a declaration or file or give to the Registrar a document or evidence; and
 (b) the Registrar is reasonably satisfied that the person cannot comply with the requirement;
subject to any condition that the Registrar may reasonably impose, the Registrar may dispense with the requirement.

21.35  Review of decisions
 (1) In this regulation:
decision has the same meaning as in the Administrative Review Tribunal Act 2024.
 (2) Application may be made to the ART for review of a decision of:
 (a) the Board under the following provisions:
 (i) regulation 20.5 ('evidence of academic qualifications');
 (ii) regulation 20.7 ('evidence of knowledge requirements'); or
 (b) the Designated Manager under the following provisions of the Patents Regulations 1991 in their application to trade marks attorneys:
 (i) regulation 20.28 ('failure to comply with continuing professional education requirements');
 (ii) subregulation 20.29(3) (imposing a condition when restoring attorney's name to Register of Trade Marks Attorneys);
 (iii) regulation 20.31 ('returning to the Register in other circumstances'); or
 (ba) the Designated Manager under the following provisions:
 (i) regulation 20.14B (suspending registration for serious offence);
 (ii) regulation 20A.8 (failing to maintain professional indemnity insurance); or
 (bb) a Panel of the Disciplinary Tribunal under regulation 20A.18 (decision of Panel of Disciplinary Tribunal); or
 (c) a Panel of the Disciplinary Tribunal under the following provisions of the Patents Regulations 1991 in their application to trade marks attorneys:
 (i) regulation 20.43 ('decision of Panel of Disciplinary Tribunal');
 (ii) regulation 20.44 ('penalties—professional misconduct');
 (iii) regulation 20.45 ('penalties—unsatisfactory professional conduct');
 (iv) regulation 20.46 ('finding that attorney was unqualified at time of registration');
 (v) regulation 20.47 ('finding that registration obtained by fraud').

Part 22—Application, saving and transitional provisions

Division 1—General

22.1  Application of the Act
 (1) If:
 (a) an application for the registration of a trade mark is lodged under the Trade Marks Act 1955; and
 (b) the Registrar has issued a report on the application under the Trade Marks Act 1955; and
 (c) immediately before the commencement of these regulations, the application is pending and has not been accepted;
the report is taken to have been issued by the Registrar under the Act on the date on which it was issued under the Trade Marks Act 1955.
 (2) If:
 (a) an application under the Trade Marks Act 1955 for the registration of a trade mark is amended under the Trade Marks Act 1955; and
 (b) immediately before the commencement of these regulations, the application is pending and has not been accepted;
the amendment is taken to have been made under the Act on the date on which it was made under the Trade Marks Act 1955.
 (3) If the particulars of an application for