Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p128
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 320380–322982

approved form; or
 (b) as having been filed, but direct the person to do such things as are necessary to ensure that the document does comply with the Act or the regulations or is in accordance with the approved form.
Note: Regulations 4.2 and 4.2A set out requirements with which applications for the registration of trade marks must comply to be taken as having been filed.
 (2) If the Registrar gives a direction under paragraph (1)(b) and the person does not comply with the direction within the period specified in the direction, the Registrar may treat the document as not having been filed.

21.5  Filing of documents—date of receipt to be marked
 (1) A document that is received for filing must be marked by the Registrar with the date on which it is received.
 (2) If the Trade Marks Office or a sub‑office (if any) provides a facility for the receipt of documents (other than documents filed electronically), when the Trade Marks Office or sub‑office (if any) is not open to the public for business, a document received by means of that facility is taken to have been received on the day on which the Trade Marks Office or sub‑office (if any) was last open to the public for business before the document was received.
 (3) Except as otherwise provided by the Act or these regulations, a document is taken to be filed at the Trade Marks Office on the date on which it is received by the Trade Marks Office.

21.5A  Consequences for evidence not meeting filing requirements
 (1) If, in relation to evidence received at the Trade Marks Office, a person does not comply with a direction under section 213C of the Act, the Registrar may treat the evidence:
 (a) as not having been filed and notify the person, including in the notification a statement indicating how the direction has not been complied with; or
 (b) as having been filed, but direct the person to do such things as are necessary to ensure that the direction is complied with.
 (2) If the Registrar gives a direction under paragraph (1)(b) and the person does not comply with the direction within the period specified in the direction, the Registrar may treat the evidence as not having been filed.

21.6  Declarations
 (1) A declaration required or permitted by the Act or these Regulations must be in an approved form.
Note: Declaration forms in the approved form are available on the IP Australia website at www.ipaustralia.gov.au.
 (2) A declaration in the form of a statutory declaration, required or permitted to be given to a person mentioned in subregulation (3), may be given to the person in an electronic form by a means