Commonwealth Consolidated Acts

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DESIGNS ACT 2003 - SECT 108

Prohibition of publication of information about designs

  (1)   The Registrar may, if it appears to the Registrar to be necessary or expedient to do so in the interests of the defence of the Commonwealth, by written order, prohibit or restrict the publication of information about the subject matter of a design application.

  (2)   The Registrar is subject to any directions by the Minister in making an order under subsection   (1).

  (3)   If an order is in force under subsection   (1) in relation to an application, the application may be dealt with under this Act, but a design disclosed in the application must not be registered.

  (4)   If:

  (a)   an order under subsection   (1) has been revoked; and

  (b)   at the date of the revocation of the order, the design would, but for the operation of subsection   (3), have been registered;

the design must be registered within the prescribed period.

  (5)   Nothing in this Act prevents disclosing information about a design to an Agency or Commonwealth authority for the purpose of obtaining advice as to whether an order under this section should be made, amended or revoked.


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