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DESIGNS ACT 2003 - SECT 136

Review by Administrative Appeals Tribunal

  (1)   A person may apply to the Administrative Appeals Tribunal for review of a decision of the Registrar:

  (a)   to refuse an application that does not meet the minimum filing requirements under subsection   24(2); or

  (b)   to make or refuse to make a determination under section   29; or

  (c)   to refuse an application under section   30 for a design application to proceed in the person's name; or

  (d)   to refuse to register a design under section   43; or

  (f)   to prohibit or restrict the publication of information about the subject matter of a design application under section   108; or

  (g)   to refuse an application under section   137 for an extension of time.

  (1A)   If:

  (a)   the Registrar is taken to have made a decision (the initial decision ) under paragraph   135A(2)(a); and

  (b)   under subsection   (1) of this section, a person may apply to the Administrative Appeals Tribunal for review of the initial decision; and

  (c)   the Registrar, under subsection   135A(3), substitutes a decision for the initial decision;

a person may apply to the Administrative Appeals Tribunal for review of the substituted decision.

  (2)   If, under subsection   (1) or (1A), a person may apply to the Administrative Appeals Tribunal for review of a decision and a written notice of the decision is given to a person whose interests are affected by the decision, the notice must include a statement to the effect that an application may be made to the Administrative Appeals Tribunal under the Administrative Appeals Tribunal Act 1975 for review of the decision.

  (3)   Failure to comply with subsection   (2) in relation to a decision does not affect the validity of the decision.

  (4)   In this section:

"decision" has the same meaning as in the Administrative Appeals Tribunal Act 1975 .

 


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