Document ID: chunk:federal_register_of_legislation:C2004A02420:body:0:p3
Version: federal_register_of_legislation:C2004A02420
Segment Type: other
Provision Reference: 
Character Range: 4947–7636

the institution of an appeal or other proceeding, be read as a reference to a prescribed court having jurisdiction with respect to matters arising under this Act in respect of which the appeal or other proceeding is instituted; and
     (b) in relation to the exercise of jurisdiction, be read as a reference to a prescribed court exercising jurisdiction in accordance with section 40g.

Crown to be bound
"5a. This Act binds the Crown in right of the Commonwealth, of each of the States, of the Northern Territory and of Norfolk Island.

Application of Act to Norfolk Island
"5b. (1) This Act extends to Norfolk Island.
"(2) An application for registration of a design is not receivable under a law (other than this Act) in force in Norfolk Island.".

Registrar and other officers
6. Section 8 of the Principal Act is amended by omitting sub-section (3) and substituting the following sub-sections:
"(3) There shall be a Deputy Registrar of Designs, who shall, subject to the control of the Registrar, have all the powers and functions of the Registrar under this Act, other than the powers of the Registrar under section 8a.
"(4) Until the Governor-General otherwise determines, the Deputy Commissioner of Patents shall be the Deputy Registrar of Designs.
"(5) A power or function conferred or imposed on the Registrar by this Act, when exercised or performed by the Deputy Registrar, shall, for all purposes, be deemed to have been exercised or performed by the Registrar.
"(6) There shall be one or more Assistant Registrars of Designs.".

7. After section 8 of the Principal Act the following section is inserted:

Delegation by Registrar
"8a. (1) The Registrar may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to an Assistant Registrar of Designs any of his powers or functions under this Act, other than this power of delegation.
"(2) A power or function so delegated, when exercised or performed by the delegate, shall, for the purposes of this Act, be deemed to have been exercised or performed by the Registrar.
"(3) A delegation under this section does not prevent the exercise of a power or the performance of a function by the Registrar.".

Repeal of Part III of Principal Act
8. Part III of the Principal Act is repealed.

New or original design may be registered
9. Section 17 of the Principal Act is amended—
     (a) by omitting sub-section (1) and substituting the following sub-sections:
     "(1) Subject to this Act, a design shall not be registered unless it is a new or original design and, in particular, shall not be registered in respect of an article if the design—
           (a) differs only in