Document ID: chunk:federal_register_of_legislation:F2024C00939:reg:5:p1
Version: federal_register_of_legislation:F2024C00939
Segment Type: reg
Provision Reference: reg 5 (pt 1/5)
Character Range: 66583–69428

5     Another person who:
      (a) is an SES employee of IP Australia; and
      (b) acts with the agreement of another SES employee of IP Australia

Note: SES employee is explained in section 34 of the Public Service Act 1999. That meaning is applied generally to Commonwealth legislation by section 2B of the Acts Interpretation Act 1901.
 (3) For paragraph 136A(2)(b) of the Act, the prescribed way of publishing a declaration is in the Official Journal of Designs.

11.34  Period for doing certain acts—acts to which section 136A does not apply
  For subsection 136A(7) of the Act, an act done in relation to proceedings in a court or a tribunal is prescribed.

Chapter 12—Application, saving and transitional provisions

Part 1—General

12.01  Conversion of transitional applications
 (1) For paragraph 159(2)(a) of the Act, the prescribed period:
 (a) begins on the commencement of this subregulation; and
 (b) ends immediately before:
 (i) the design is registered; or
 (ii) the application lapses or is withdrawn or refused.
 (2) For paragraph 159(2)(c) of the Act, the request must be made in the approved form.

12.02  Former Designs Regulations—transitional
  Despite the repeal of the Designs Regulations 1982, those Regulations continue to have effect to the extent necessary to give effect to Part 2 of Chapter 12 of the Act.

12.03  Designs excluded from transitional applications that are not converted applications
 (1) This regulation applies if:
 (a) 1 or more designs are disclosed in a transitional application; and
 (b) the transitional application is amended under section 22B of the old Act to exclude 1 or more of those designs; and
 (c) the transitional application is not a converted application; and
 (d) before the registration, or the refusal of the registration, of the design or designs in the transitional application, the applicant files a design application under section 21 of the Act in respect of 1 or more of the designs excluded from the transitional application (the excluded transitional designs).
Note: For a transitional application that is a converted application, see section 160 of the Act.
 (2) A design application in respect of excluded transitional designs must include a request for registration or publication of all the designs disclosed in the application.
 (3) In applying these Regulations (other than regulations 1.04 and 3.02) in relation to an excluded transitional design:
 (a) a reference to an excluded design is taken to be a reference to the excluded transitional design; and
 (b) a reference to an initial application is taken to be a reference to the transitional application; and
 (c) a reference to 'the design number that was allocated to the excluded design in the initial application' is taken to be a reference to 'the application number of the transitional application