Commonwealth Consolidated Acts

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TRADE MARKS ACT 1995 - SECT 205

Deputy Registrar of Trade Marks

  (1)   There is to be at least one Deputy Registrar of Trade Marks.

  (2)   Subject to any direction by the Registrar, a Deputy Registrar has all the powers and functions of the Registrar, except the powers of delegation under section   206.

  (3)   A power or function of the Registrar, when exercised by a Deputy Registrar, is taken to have been exercised by the Registrar.

  (4)   The exercise of a power or function of the Registrar by a Deputy Registrar does not prevent the exercise of the power or function by the Registrar.

  (5)   If the exercise of a power or function by the Registrar is dependent on the opinion, belief or state of mind of the Registrar in relation to a matter, that power or function may be exercised by a Deputy Registrar on his or her opinion, belief or state of mind in relation to that matter.

  (6)   If the operation of a provision of this Act or another Act is dependent on the opinion, belief or state of mind of the Registrar in relation to a matter, that provision may operate on the opinion, belief or state of mind of a Deputy Registrar in relation to that matter.


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