Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p99
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 247569–250268

copy of any evidence filed by a party under this regulation to the other party:
 (a) before the end of the relevant evidentiary period, if the Registrar considers it appropriate to do so; or
 (b) after the evidentiary period ends.

Evidence in support
 (3) An opponent must file any evidence in support of the opposition within 3 months from the day the opponent is given a copy of the notice of intention to defend the application for cessation of protection.

Evidence in answer
 (4) If the opponent files evidence in support of the opposition, the applicant must file any evidence in answer to the opponent's evidence within 3 months from the day the Registrar:
 (a) gives the applicant:
 (i) all the evidence in support; or
 (ii) if the opponent files the evidence in support in instalments—the final instalment of the evidence in support; and
 (b) notifies the applicant that all the evidence in support has been filed.
 (5) If the opponent does not file any evidence in support of the opposition, regulation 17A.48S applies.

Evidence in reply
 (6) If the applicant files evidence in answer under subregulation (4), the opponent must file any evidence in reply to the evidence in answer within 2 months from the day the Registrar:
 (a) gives the opponent:
 (i) all the evidence in answer; or
 (ii) if the applicant files the evidence in answer in instalments—the final instalment of the evidence in answer; and
 (b) notifies the opponent that all the evidence in answer has been filed.

17A.48S  Request for hearing and circumstances in which opposition taken to have ended
 (1) If an opponent requests the Registrar, within the period for filing evidence in support mentioned in subregulation 17A.48R(3), to hear the opposition, the Registrar must do so.
 (2) The opposition is taken to have ended, but not to have been discontinued or dismissed, if the opponent does not:
 (a) file evidence in support in accordance with subregulation 17A.48R(3); or
 (b) ask for a hearing under subregulation (1).
 (3) The application for cessation of protection is taken to be unopposed if:
 (a) the opposition is taken to have ended under subregulation (2); and
 (b) the Registrar is satisfied that the application for cessation of protection is in order.
Note 1: See section 97 of the Act in relation to what the Registrar must do if the application for cessation of protection is unopposed.
Note 2: Regulations 21.15 and 21.16 deal with hearings.

17A.48T  Extension of time for filing
 (1) A party may request the Registrar to extend a period for filing evidence mentioned in regulation 17A.48R.
 (2) The Registrar may extend the period only if the Registrar is satisfied that:
 (a) the party:
 (i) has