Document ID: chunk:federal_register_of_legislation:C2004A02585:schedule:1:p15
Version: federal_register_of_legislation:C2004A02585
Segment Type: schedule
Provision Reference: sch 1 (pt 15/24)
Character Range: 137823–140586

the following sub-section:
    "(2) Where an action or proceeding is transferred from a court in pursuance of this section—
         (a) all documents filed of record in that court shall be transmitted by the Registrar or other proper officer of that court to the Registrar or other proper officer of the court to which the action or proceeding is transferred; and
         (b) the court to which the action or proceeding is transferred shall proceed as if the action or proceeding had been originally instituted in that court and as if the same proceedings had been taken in that court as had been taken in the court from which the action or proceeding was transferred.".

Appeals
186. Section 148 of the Principal Act is amended by adding at the end of sub-section (1) "or 121".

Application for review
187. Section 151 of the Principal Act is amended—
    (a) by omitting paragraph (a) and substituting the following paragraph:
         "(a) a decision of the Commissioner under section 47e, sub-section 59 (1), section 66, sub-section 77 (4), section 82 or 98, sub-section 106 (1) or section 154, 159c or 160; or"; and
    (b) by adding at the end thereof the following sub-section:
    "(2) In this section, 'decision' has the same meaning as in the Administrative Appeals Tribunal Act 1975.".

Fees
188. Section 176 of the Principal Act is amended—
    (a) by inserting after sub-section (1) the following sub-section:
    "(1a) Without limiting the generality of sub-section (1), different fees may be prescribed in respect of the doing of an act, or the taking of a step, according to the time at which the act is done or the step taken, as the case may be."; and
    (b) by adding at the end thereof the following sub-section:
    "(5) The regulations may make provision for the remission of, or for exempting persons from the payment of, the whole or any part of a fee.".

Regulations
189. Section 177 of the Principal Act is amended by inserting after paragraph (ac) the following paragraph:
    "(ad) requiring persons to furnish statutory declarations in relation to patent applications or patents or in proceedings under this Act (not being proceedings in a court);".

Formal amendments
190. The Principal Act is amended as set out in Schedule 3.

Transitional
191. (1) Notwithstanding the repeal of section 49a of the Patents Act 1952 effected by section 17 of the Patents Amendment Act 1979, the provisions of that first-mentioned section continue to apply, after the commencement of this sub-section, in relation to applications made by virtue of that first-mentioned section before the commencement of this sub-section as if that first-mentioned section had not been repealed.

(2) The following provisions of this section apply to an invention