Document ID: chunk:federal_register_of_legislation:C2004A02420:body:0:p23
Version: federal_register_of_legislation:C2004A02420
Segment Type: other
Provision Reference: 
Character Range: 53590–56346

Act the following sections are inserted:

Exercise of discretionary power by Registrar
"46. Where a discretionary power is by this Act given to the Registrar, he shall not exercise that power adversely to a person without giving to that person an opportunity of being heard.

Objection to validity of design not to be taken in certain circumstances
"46a. Objection shall not be taken to an application for registration of a design, and a registered design is not invalid, by reason only of the design having been published or used before the priority date in respect of the application for registration of the design, if the Registrar or the prescribed court is satisfied that—
      (a) the publication was made or the user took place without the knowledge and consent of the applicant or owner, as the case may be;
      (b) the subject of the publication or user was derived or obtained from the applicant or owner; and
      (c) if, before the priority date in respect of the application for registration of the design, the applicant or owner became aware of the publication or user, he made application for registration of the design with all reasonable diligence after so becoming aware of the publication or user.

Notice of appeal to prescribed court to be given to Registrar, &c.
"46b. (1) Notice of an appeal under this Act to a prescribed court from a decision of the Registrar shall be given to the Registrar.

"(2) The Registrar is entitled to appear and be heard upon the hearing of the appeal and shall appear if so directed by the prescribed court.".

Exhibiting of designs at official or international exhibitions
30. Section 47 of the Principal Act is amended by omitting from sub-section (1) "copyright" and substituting "monopoly".

31. Sections 48 and 49 of the Principal Act are repealed and the following sections substituted:

Convention countries
"48. (1) The Governor-General may, with a view to the fulfilment of a treaty, convention, arrangement or engagement between the Commonwealth and another country, by Proclamation, declare that a country specified in the Proclamation is a Convention country for the purposes of this Act.
"(2) The Governor-General may, by Proclamation, declare a part of the Queen's dominions which has made satisfactory provision for the protection in that part of designs to be a Convention country for the purposes of this Act.
"(3) Where the Governor-General, by Proclamation, declares that an application for protection in respect of a design is, in accordance with the terms of a treaty subsisting between 2 or more Convention countries, equivalent to an application made in one of those Convention countries, the first-mentioned application shall, for the purposes of this Act, be deemed to have