Document ID: chunk:federal_register_of_legislation:F2024C00939:front:0:p25
Version: federal_register_of_legislation:F2024C00939
Segment Type: other
Provision Reference: 
Character Range: 59682–62333

or these Regulations to be given to the Registrar must be in the approved form.
Note: Declaration forms in the approved form are available on the IP Australia website at www.ipaustralia.gov.au.
 (2) A declaration in the form of a statutory declaration, required or permitted to be given to the Registrar, may be given to the Registrar in an electronic form by a means of electronic communication approved by the Registrar.
Note: A declaration that is not in the form of statutory declaration may also be given in an electronic form by means of an electronic communication: see section 11 of the Electronic Transactions Act 1999.

11.27  Non compliance in relation to documents other than design applications
 (1) This regulation applies in relation to a document other than a design application.
 (2) A document filed at the Designs Office must comply with the formal requirements determined in an instrument under section 149A of the Act and must be in the form (if any) specified in a direction under section 144B of the Act.
 (3) If a document does not comply with subregulation (2), or is not in accordance with any applicable approved form, the Registrar must, depending on the nature and deficiency of the document:
 (a) return the document to the person from whom the document was received, with a statement indicating in what way the document does not comply with subregulation (2) or is not in accordance with the approved form; or
 (b) direct that person to do the things specified in the direction to ensure that the document will comply with subregulation (2) or will be in accordance with the approved form; or
 (c) treat the document as complying with subregulation (2) or as being in accordance with the approved form.
 (4) If the Registrar returns a document under paragraph (3)(a), the document is taken not to have been filed.
 (5) If the Registrar gives a direction under paragraph (3)(b), the document is taken to have been filed unless the person to whom the direction was given does not comply with the direction within 2 months from the day when it was given.

11.27A  Consequences for evidence not meeting filing requirements
 (1) If, in relation to evidence received at the Designs Office, a person does not comply with a direction under section 144C of the Act, the Registrar may treat the evidence:
 (a) as not having been filed and notify the person, including in the notification a statement indicating how the direction has not been complied with; or
 (b) as having been filed, but direct the person to do such things as are necessary to ensure that the direction is complied with.
 (2) If the Registrar gives a direction