Commonwealth Consolidated Acts

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TRADE MARKS ACT 1995 - SECT 223

Fees

  (1)   The regulations may prescribe the fees to be paid for the purposes of this Act and may prescribe different fees in respect of the doing of an act according to the time when the act is done.

  (2)   Prescribed fees are payable in accordance with the regulations.

  (2A)   Without limiting subsection   (1), different fees may be prescribed for filing a document with the Trade Marks Office according to the means by which the document is filed.

  (2B)   Without limiting subsection   (1), different amounts of a fee may be prescribed according to the means by which the fee is paid.

Means of paying fee

  (2C)   A fee that must be paid to the Registrar must be paid by a means determined in an instrument under subsection   223AA(1).

Consequences of failure to pay fee

  (3)   The regulations may provide for the consequences (for the purposes of this Act) of failing to pay a fee in accordance with the regulations.

  (4)   In particular, the regulations may provide that, for the purposes of this Act:

  (a)   an act is not to be done, or is taken not to have been done, if the fee for doing the act is not paid in accordance with the regulations; or

  (b)   a document is not filed, or is taken not to have been filed, if the fee for filing the document is not paid in accordance with the regulations; or

  (c)   an application for registration of a trade mark lapses, or is taken to have lapsed, if the fee for filing the application is not paid in accordance with the regulations.

  (5)   Subsection   (4) does not limit subsection   (3).


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