Designs Act 2003

The Governor‑General may make regulations prescribing matters:

required or permitted to be prescribed; and

necessary or convenient to be prescribed for carrying out or giving effect to this Act; and

necessary or convenient for the conduct of any business relating to the Designs Office.

Without limiting subsection (1), that subsection includes the power to make regulations:

making provision for and in relation to the following:

the requirements for filing a document under this Act or the regulations (including the requirement that the document must be in the form (if any) specified in a direction under section 144B);

the consequences of a document not being in accordance with an approved form or not complying with the requirements referred to in subparagraph (i); and

making provision for and in relation to the consequences of not complying with a direction under section 144C; and

requiring persons to give statutory declarations in relation to applications under the Act or regulations, or in relation to proceedings under the Act (other than court proceedings); and

making provision for and in relation to the making of a declaration, or the doing of an act, under this Act on behalf of a person who, because of infancy or physical or mental disability, is unable to make the declaration or do the act; and

providing for the refund, in the whole or part of a fee paid under the Act; and

providing for the waiver, in whole or part, of a fee that would otherwise be payable under the Act; and

making provision for and in relation to the amendment of an entry in the Register to correct a clerical error or an obvious mistake, or for any other purpose; and

empowering the Registrar to require a person to inform the Registrar, within the period prescribed by the regulations, whether or not the person wishes to be heard for the purposes of a provision of the Act; and

empowering the Registrar to require a person who wishes to be heard for the purposes of a provision of the Act to appear on a day, and at a place and time, specified by the Registrar; and

providing for the contents of design applications in which one or more designs are disclosed, including, but not limited to, requirements as to common ownership of the designs; and

empowering the Registrar to direct an applicant for registration of a design to do such things as are necessary to ensure that the application is in accordance with the requirements of the regulations for filing and:

providing for the lapsing of the application if such a direction is not complied with within the period specified in the regulations; and

providing for the restoration of an application that has so lapsed; and

providing for appeals against decisions of the Registrar made under the regulations; and

making provision for and in relation to the practice and procedure of prescribed courts in proceedings under this Act, including provision prescribing the time within which any proceeding may be started or anything else may be done, and providing for the extension of any such time; and

making transitional or consequential provisions as necessary or convenient because of the repeal of the Designs Act 1906 and the enactment of this Act; and

provide for regulations under the Designs Act 1906 to continue to have effect (with any prescribed alterations) for specified purposes of this Act; and

providing for things to be done for the purposes of this Act or the regulations by means of electronic equipment or communication; and

empowering the Registrar to prepare, publish and sell such documents relating to designs as the Registrar thinks fit.

Despite the repeal of the Designs Act 1906 by this Act, regulations made under paragraph (2)(l) may provide for the continued operation of specified provisions of the Designs Act 1906 in relation to prescribed persons or matters, or in prescribed circumstances.