Document ID: chunk:federal_register_of_legislation:C2004A02420:body:0:p19
Version: federal_register_of_legislation:C2004A02420
Segment Type: other
Provision Reference: 
Character Range: 43845–46550

the owner of the design, and, in the case of the acquisition of a registered design, to all other persons appearing in the register as having an interest in the design, such compensation as is agreed upon between the Commonwealth and the owner or other persons, as the case may be, or as, in default of agreement, is determined by a prescribed court in an action for compensation against the Commonwealth.

Assignment of design to Commonwealth
"40e. (1) The owner of a design may assign to the Commonwealth his interest in the design and in the monopoly obtained, or to be obtained, in the design.
"(2) The assignment and all covenants and agreements contained in the assignment are valid and effectual notwithstanding any want of valuable consideration and may be enforced by action or other appropriate proceeding in the name of the Minister.

Prohibition of publication of information with respect to designs
"40f. (1) Subject to any directions of the Minister, the Registrar may, if it appears to him to be necessary or expedient so to do in the interests of the defence of the Commonwealth, by order in writing under his hand, prohibit or restrict the publication of information with respect to the subject-matter of an application for registration of a design, whether generally or to a particular person or to persons included in a class of persons.

"(2) A person shall not, except in accordance with the written consent of the Registrar, publish or communicate information in contravention of an order made under sub-section (1).
Penalty—
      (a) if the offence is prosecuted summarily—a fine not exceeding $500 or imprisonment for a term not exceeding 6 months, or both; or
      (b) if the offence is prosecuted upon indictment—a fine not exceeding $10,000 or imprisonment for a term not exceeding 2 years, or both.
"(3) Where an order is in force under this section in relation to an application for registration of a design, the application may be dealt with under this Act but a design shall not be registered on that application.
"(4) Where—
      (a) an order under this section in relation to an application for registration of a design has been revoked; and
      (b) at the date of the revocation of the order, the design would, but for the operation of sub-section (3), have been registered,
the design shall be registered within one month after that date.
"(5) Nothing in this Act prevents the disclosure of information concerning a design to a Department or authority of the Commonwealth for the purpose of obtaining advice as to whether an order under this section should be made, amended or revoked.

"PART VIb—JURISDICTION AND POWERS OF COURTS

Jurisdiction of prescribed courts