Document ID: chunk:federal_register_of_legislation:C2004A03232:body:0:p32
Version: federal_register_of_legislation:C2004A03232
Segment Type: other
Provision Reference: 
Character Range: 76353–79173

Act 1979

Paragraph 9 (2) (b)—
Omit the paragraph, substitute the following paragraph:
"(b) either—
       (i) an Acting Administrator has not entered on his or her duties; or
       (ii) an Acting Administrator has entered on his or her duties but is absent from the Territory or unable by reason of illness or incapacity to perform those duties,".

Sub-section 10 (3)—
    (a) Insert "made by a person" after "affirmation".
    (b) Insert ", and may be made before the day on which the person's appointment takes effect" after "purpose".
Patents Act 1952

Section 6 (definition of "Convention country")—
Omit "Proclamation", substitute "regulation under section 140".

Sub-section 35 (1a)—
Omit ", or require the applicant to amend,".

Paragraph 40 (5) (c)—
Add at the end "and".

SCHEDULE 1—continued

Paragraph 40 (5) (d)—
Omit the paragraph.

Paragraph 40 (7) (a)—
Omit the paragraph, substitute the following paragraph:
    "(a) at any time, the requirements of paragraph (5) (c) or (e) in relation to a micro-organism cease to be satisfied; and".

Sub-section 41 (1b)—
Omit ", or require the applicant to amend,".

After sub-section 45 (4)—
Insert the following sub-section:
"(4aa) For the purposes of sub-section (4), a claim shall not be taken to be fairly based on matter disclosed in a petty patent specification or a complete specification if—
    (a) the claim claims matter that involves the use, modification or cultivation of a micro-organism other than a micro-organism referred to in sub-section 40 (4);
    (b) on the date of lodgment (in this sub-section referred to as the 'lodgment date') of the further application referred to in sub-section (4) of this section, sub-section 40 (3) applied to the specification in relation to the micro-organism;
    (c) where the lodgment date was after the expiration of the prescribed period referred to in paragraph 40 (5) (c)—some or all of the requirements of sub-section 40 (5) were not satisfied in relation to the specification in relation to the micro-organism as at the lodgment date; and
    (d) where the lodgment date was before the expiration of the prescribed period referred to in paragraph 40 (5) (c)—some or all of the requirements of paragraphs 40 (5) (a), (b) and (e) were not satisfied in relation to the specification in relation to the micro-organism as at the lodgment date.".

After sub-section 45a (2)—
Insert the following sub-section:
"(2a) For the purposes of sub-section (2), a claim shall not be taken to be fairly based on matter disclosed in a petty patent specification or a complete specification if—
    (a) the claim claims matter that involves the use, modification or cultivation of a micro-organism other than a micro-organism referred to in sub-section 40 (4);
    (b) on the date of lodgment (in this sub-section referred