Commonwealth Consolidated Acts

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DESIGNS ACT 2003 - SECT 137

Extensions of time

  (1)   The Registrar must extend the time for doing a relevant act that is required to be done within a certain time if the act is not, or cannot be, done within that time because of an error or omission by:

  (a)   the Registrar or a Deputy Registrar; or

  (b)   a person employed in the Designs Office; or

  (c)   a person providing, or proposing to provide, services for the benefit of the Designs Office.

  (2)   The Registrar may, on application by a person concerned in accordance with the regulations, extend the time for doing a relevant act if, because of:

  (a)   an error or omission by the person, or by the person's agent; or

  (b)   circumstances beyond the control of the person;

the relevant act that is required to be done within a certain time is not, or cannot be, done within that time.

  (3)   The time for doing a relevant act may be extended, whether before or after that time has expired.

  (4)   The Registrar must advertise an application for an extension of time of more than 3 months in the manner prescribed by the regulations.

  (5)   Subject to subsection   (6), a person may, as prescribed, oppose the granting of the application.

  (6)   If the Registrar is satisfied that an application under subsection   (2) would not be granted, even in the absence of opposition under subsection   (5):

  (a)   the Registrar need not advertise the application in accordance with subsection   (4); and

  (b)   the application cannot be opposed; and

  (c)   the Registrar must refuse the application.

  (7)   In this section:

"relevant act" means an action (other than a prescribed action) in relation to:

  (a)   a registered design; or

  (b)   an application for registration of a design; or

  (c)   any proceedings under this Act (other than court proceedings).


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