Document ID: chunk:federal_register_of_legislation:C2004A02420:body:0:p11
Version: federal_register_of_legislation:C2004A02420
Segment Type: other
Provision Reference: 
Character Range: 24296–26935

notice, in accordance with a prescribed form, setting out any matter—
      (a) that has been published in a document in Australia before the priority date in respect of the application for registration of the design; and
      (b) that the person considers to be relevant to the question whether the design was not, at the priority date referred to in paragraph (a), a design that was new or original.
"(5) The regulations may provide that a person who lodges a notice under sub-section (4) shall lodge with the notice such number of copies as is prescribed of the document to which the notice relates.
"(6) The Registrar shall give to the owner of a design referred to in sub-section (4) notice, in writing, of any matter to which a notice lodged under that sub-section relates.
"(7) A copy of a document lodged with a notice under sub-section (4) shall, subject to the regulations, be open to public inspection.
"(8) Upon receipt of an application under sub-section (2) for extension of the period of registration of a design, the Registrar shall, subject to this Act,

extend the period of registration of the design for a period that expires on a date 6 years after the date on which the application for registration of the design was lodged under this Act.
"(9) The Registrar may, having regard to any matter (including a matter published in a document a copy of which has been lodged with a notice under sub-section (4)) that has come to his notice in connection with a design referred to in sub-section (4), refuse an application under sub-section (2) for extension of the period of registration of a design on the ground that the design was not, at the priority date in respect of the application for registration of the design, a design that was new or original.
"(10) Where the Registrar refuses an application under sub-section (2) for extension of the period of registration of a design, he shall notify the owner of the design accordingly.
"(11) An appeal lies to a prescribed court from a refusal by the Registrar of an application under sub-section (2) for extension of the period of registration of a design.
"(12) Where—
      (a) the period of registration of a design has been extended under sub-section (8); and
      (b) application is made to the Registrar for a further extension of that period of registration,
the Registrar shall, subject to this Act, extend that period of registration for a further period of 5 years.
"(13) Where—
      (a) the period of registration of a design has been extended under sub-section (12); and
      (b) application is made to the Registrar for a further extension of that period