Document ID: chunk:federal_register_of_legislation:C2004A02553:body:0:p12
Version: federal_register_of_legislation:C2004A02553
Segment Type: other
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Character Range: 29326–31970

the Principal Act is amended by inserting in paragraph (1) (a) "(last occurring)" after" 'may'".

PART XI—AMENDMENTS OF THE DESIGNS AMENDMENT ACT 1981

Principal Act
38. The Designs Amendment Act 198110 is in this Part referred to as the Principal Act.

Amendment of section 5
39. Section 5 of the Principal Act is amended by inserting the following definition after the definition of "design" in sub-section (1) of the new section 4 that is proposed to be substituted for section 4 of the Designs Act 1906:
      " 'legal personal representative', in relation to a deceased person, means a person to whom probate of the will of the deceased person, letters of administration of the estate of the deceased person or other like grant has been granted, whether in Australia or elsewhere, but does not include such a person who, by reason of the terms of the grant, is not entitled to do an act in relation to which the expression is used;".

Amendments of section 11
40. Section 11 of the Principal Act is amended—
      (a) by adding at the end of the new section 20 that is proposed to be inserted in the Designs Act 1906 the following sub-sections:
     "(6) Where the owner of a design wishes to register the design in respect of more than one article, the owner shall make a separate application for registration of the design in respect of each article.
     "(7) For the purposes of sub-section (6), a set of articles shall be deemed to be one article."; and
      (b) by inserting after sub-section (1) of the new section 22b that is proposed to be inserted in the Designs Act 1906 the following sub-section:
     "(1a) An amendment under sub-section (1) shall not be made if, as a result of the amendment, the scope of the application for registration would be increased by the inclusion of matter that was not in substance disclosed in the application for registration as lodged.".

Amendments of section 15
41. Section 15 of the Principal Act is amended—
      (a) by omitting from paragraph (3) (a) of the new section 27a that is proposed to be inserted in the Designs Act 1906 "at least one month";
      (b) by omitting sub-section (14) of that new section and substituting the following sub-section:
       "(14) An application under sub-section (12) or (13) —
            (a) shall be made before the expiration of the period of registration of the design as extended under sub-section (8) or (12), as the case may be, or within such period after that expiration as is prescribed; and
            (b) shall be made in the manner prescribed for the purposes of sub-section (12) or (13), as the case may be.";
      (c) by omitting