Document ID: chunk:federal_register_of_legislation:F2024C00944:front:0:p55
Version: federal_register_of_legislation:F2024C00944
Segment Type: other
Provision Reference: 
Character Range: 141260–144199

begun under subregulation 5.4(1):
 (i) the applicant's complete specification is being re‑examined; and
 (ii) the re‑examination is not completed as required by regulation 9.5.
 (4) The Commissioner must make the amendment if:
 (a) subregulation (3) does not apply; and
 (b) the Commissioner is satisfied that the amendment should be made.
 (5) The Commissioner must, as soon as practicable:
 (a) notify the parties of the Commissioner's decision; and
 (b) if the Commissioner decides to make the amendment—give the applicant a copy of the amended statement.

Part 5.4—Dismissal of opposition

5.17  Dismissal on request
 (1) An applicant may request the Commissioner to dismiss an opposition:
 (a) within one month from the day the Commissioner gives the applicant a copy of the statement of grounds and particulars under subregulation 5.5(3), 5.6(3) or 5.11(3); or
 (b) if the applicant's complete specification is re‑examined under subsection 97(1) of the Act—within one month from the day the re‑examination is completed as required by regulation 9.5.
 (2) The request must be in the approved form.
 (3) The Commissioner must give the opponent a copy of the request as soon as practicable.
 (4) If the Commissioner decides to dismiss the opposition, the Commissioner must, as soon as practicable, notify the parties of the decision.
Note: For the requirements the Commissioner must satisfy when exercising a discretionary power adversely to a person, see regulation 22.22.

5.18  Dismissal on initiative of Commissioner
 (1) The Commissioner may dismiss an opposition if the Commissioner considers it appropriate to do so.
 (2) The grounds on which the Commissioner may dismiss the opposition include an opponent's failure to file a statement of grounds and particulars or document mentioned in the statement in accordance with regulation 5.5, 5.6 or 5.11.
 (3) If the Commissioner decides to dismiss the opposition, the Commissioner must notify the parties of the decision as soon as practicable.
Note: For the requirements the Commissioner must satisfy when exercising a discretionary power adversely to a person, see regulation 22.22.

Part 5.5—Hearing of opposition

5.19  Hearing and decision—re‑examination
 (1) This regulation applies to an opposition if:
 (a) the applicant's complete specification is re‑examined under subsection 97(1) of the Act; and
 (b) the re‑examination is completed as required by regulation 9.5.
 (2) The Commissioner may hear and decide the opposition:
 (a) on the Commissioner's own initiative, if the Commissioner considers it appropriate to do so; or
 (b) at the opponent's request, if the request is made:
 (i) less than one month after the re‑examination is completed as required by regulation 9.5; and
 (ii) in the approved form.
 (3) The Commissioner must give the applicant a copy of a request under paragraph (2)(b) as soon as practicable.
 (4) The Commissioner must notify the parties of