Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p78
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 194926–197591

may grant a request to:
 (a) amend a ground of opposition; or
 (b) add a new ground of opposition;
only if the Registrar is satisfied that the amendment or addition relates to information of which the opponent could not reasonably have been aware at the time of filing the statement.
 (4) If the Registrar grants the request, the Registrar must give a copy of the amended statement to the IRDA holder.

17A.34H  Filing of notice of intention to defend
 (1) The IRDA holder must file a notice of intention to defend within one month from the day the Registrar notifies the International Bureau under subregulation 17A.32(2).
 (2) The holder must file an Australian or New Zealand address for service with the notice.
 (3) The Registrar must give a copy of the notice to the opponent.
 (4) If the holder does not file the notice within the period mentioned in subregulation (1) or that period as extended, the Registrar may decide to:
 (a) take the opposition to have succeeded; and
 (b) refuse protection to the holder.
 (5) The Registrar is not required to take any action in response to a notice of intention to defend filed under subregulation (1) unless the holder has notified the Registrar, in writing, of the holder's address for service in Australia or New Zealand.
 (6) A requirement to:
 (a) give a document to a person; or
 (b) give a person an opportunity to make written representations or to be heard;
does not apply if no address for service of the person is recorded in the Record of International Registrations.
 (7) The Registrar must notify the parties of the Registrar's decision.

17A.34HA  Extension of time for filing—application
 (1) A person may apply to the Registrar to extend the period for filing a notice of intention to defend.
 (2) The application must be made before the end of the period of 2 months beginning on the day after the end of the period mentioned in subregulation 17A.34H(1).
 (3) The application must:
 (a) be in the approved form; and
 (b) be accompanied by a declaration stating the facts and circumstances forming the basis for the grounds for making the application.
Note: Regulations 21.6 and 21.7 deal with making and filing declarations.
 (4) The application may be made only on either or both of the following grounds:
 (a) an error or omission by the person, the person's agent, the Registrar or an employee;
 (b) circumstances beyond the control of the person, other than an error or omission by the person, the person's agent, the Registrar or an employee.

17A.34HB  Extension of time for filing—grant
 (1) The Registrar may grant an application under subregulation 17A.34HA(1) for an extension of time only