Document ID: chunk:federal_register_of_legislation:F2024C00939:front:0:p10
Version: federal_register_of_legislation:F2024C00939
Segment Type: other
Provision Reference: 
Character Range: 23772–26558

respect of a design excluded from certain transitional applications, see also regulation 12.03.
 (2) If the applicant has requested registration of some, but not all, of the designs disclosed in the design application, the formalities check is confirmation, by the Registrar, that the matters specified in subregulation (1) are satisfied in relation to the part or parts of the application relating to the design or designs covered by the request.
 (3) If the Registrar is not satisfied with the matter mentioned in paragraph (1)(e), the Registrar may, in giving a notification under section 41 of the Act, require the applicant to file another representation that complies with the paragraph.

4.06  Registrar must refuse to register certain designs
  For paragraph 43(1)(a) of the Act, the following classes of designs are prescribed:
 (a) medals;
 (b) designs of a kind that the Registrar must, under subregulation 2(4) of the Protection of Word 'Anzac' Regulations, refuse to register;
 (c) designs of a kind mentioned in subsection 19(1) of the Crimes (Currency) Act 1981;
 (d) designs that are scandalous, or might reasonably be taken to be scandalous;
 (e) the Arms, or a flag or seal, of the Commonwealth or of a State or Territory;
 (f) the Arms or emblems of:
 (i) a State or Territory; or
 (ii) a city or town in the Commonwealth; or
 (iii) a public authority or public institution in Australia;
 (g) the armorial bearings, flags, State emblems or other signs of another country.

4.07  Period within which Registrar must register certain designs after refusal
  For section 44 of the Act, the prescribed period is 1 month from the date on which the Registrar was notified of the revocation of the order.
Note: A similar arrangement is made in regulation 8.02.

4.08  Certificate of registration and notice of registration
 (1) For subsection 45(3) of the Act, the certificate must include the following details in relation to the design:
 (a) the registration number;
 (b) the filing date of the design application first disclosing the design;
 (c) the initial term of the registration;
 (d) the name and address of the registered owner;
 (e) the product or products to which the design relates;
 (f) the name of the designer;
 (g) if a statement of newness and distinctiveness has been provided to the Registrar—that statement;
 (h) if applicable:
 (i) details about any basic application made in respect of the design; and
 (ii) the design number that was allocated to the excluded design in the initial application.
Note 1: A statement of newness and distinctiveness is described in paragraph 19(2)(b) of the Act.
Note 2: For a design application in respect of a design excluded from certain transitional applications, see also regulation 12.03.
 (2) For subsection 45(4)