1Name of Regulations
These Regulations are the Olympic Insignia Protection Regulations 1993.
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These Regulations are the Olympic Insignia Protection Regulations 1993.
In these Regulations:
Act means Olympic Insignia Protection Act 1987.
approved form means a form mentioned in subsection 14 (1) of the Act.
For the purposes of the provision of the Act mentioned in column 1 of an item of the following table, the fee mentioned in column 2 of the item is prescribed:
| Fees | ||
|---|---|---|
| Item | Column 1 Provision of the Act | Column 2 Fee |
| 1 | Paragraph 10(2)(b) (application to register design) | $400 |
| 2 | Paragraph 11(2)(b) (application for extension of protection period) | $450 |
For the purposes of section 12 of the Act, the prescribed times for the Register of Olympic Designs to be open to the inspection of the public are the times prescribed, from time to time, for the purposes of subsection 113(1) of the Designs Act 2003 for the Register of Designs to be available for inspection.
On a request being made in the approved form, the Registrar may amend an entry in the Register of Olympic Designs for the purposes of correcting a clerical error or an obvious mistake.
The Registrar may, of his or her own initiative, amend an entry in the Register of Olympic Designs to correct a clerical error or an obvious mistake.
For subsection 14A (1) of the Act, the circumstance is that the act is done at the Designs Office.
Note: Subsection 14A (1) provides as follows:
‘(1) If the last day of a period provided by this Chapter (except this section), or regulations made for the purposes of this Chapter, for doing an act is a day when the Designs Office is not open for business, the act may be done in prescribed circumstances on the next day when the office is open for business.’.
For paragraph 14A (2) (a) of the Act, the days on which the Designs Office is not open for business are:
Saturday; and
Sunday; and
Australia Day; and
Anzac Day.
For paragraph 14A (2) (b) of the Act, the table sets out prescribed persons.
Item | Person |
|---|---|
1 | The Director General of IP Australia |
2 | The Deputy Director General of IP Australia |
3 | Another person who: (a) is an SES employee of IP Australia; and (b) acts with the agreement of the Director General of IP Australia |
4 | Another person who: (a) is an SES employee of IP Australia; and (b) acts with the agreement of the Deputy Director General of IP Australia |
5 | Another person who: (a) is an SES employee of IP Australia; and (b) acts with the agreement of another SES employee of IP Australia |
SES employee is explained in section 34 of the Public Service Act 1999. That meaning is applied generally to Commonwealth legislation by section 2B of the Acts Interpretation Act 1901.
For paragraph 14A (2) (b) of the Act, the prescribed way of publishing a declaration is in the Official Journal of Designs.
For subsection 14A (7) of the Act, an act done in relation to proceedings in a court or a tribunal is prescribed.
For subsection 18A (1) of the Act the particulars for a licence that are to be included in the Register are:
the name and address of the holder of the licence; and
the period for which the licence is granted; and
a description of the articles to which a protected design may be applied under the licence; and
if the licence relates to copyright in the olympic symbol, a statement to that effect; and
if the licence relates to a protected design:
a statement to that effect; and
one or more representations of the design sufficient to give a true indication of the design.
For subsection 40 (1) of the Act, the particulars for a licence that are to be included in the Register are:
the name and address of the licensed user; and
the period for which the licence is granted; and
the protected olympic expressions that may be used under the licence; and
a description of the goods and services to which a protected olympic expression may be applied under the licence.
Note: Subsection 28 (1) of the Act explains when an expression is applied to goods or services.
In this regulation:
licensed user has the meaning given by section 23 of the Act.
For subsection 52 (5) of the Act, the period for a notice of objection to importation is 4 years beginning when the notice is given to the Comptroller‑General of Customs in accordance with section 52 of the Act.