Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Governor - General may make regulations:
(a) prescribing matters required or permitted by this Act to be prescribed; or
(b) prescribing matters necessary or convenient to be prescribed for carrying out or giving effect to this Act; or
(c) prescribing matters necessary or convenient to be prescribed for the conduct of any business relating to the Trade Marks Office or a sub - office of the Trade Marks Office.
(2) Without limiting subsection (1), the regulations may:
(a) provide for appeals against decisions of the Registrar made under the regulations; and
(b) require persons to make statutory declarations in support of any application, notice or request filed under this Act; and
(ba) provide for and in relation to the following:
(i) the requirements for filing a document under this Act (including the requirement that the document must be in the form (if any) specified in a direction under section 213B);
(ii) the consequences of a document not being in accordance with an approved form or not complying with the requirements referred to in subparagraph (i); and
(bb) provide for and in relation to the consequences of not complying with a direction under section 213C; and
(c) provide for the making of a declaration, or the doing of an act, under this Act on behalf of a person who, because of infancy or physical or mental disability, is unable to make the declaration or do the act; and
(d) provide for the refund, in specific circumstances, of the whole or part of a fee paid under this Act; and
(e) provide for the remission of, or the exemption of specified classes of persons from the payment of, the whole or part of a fee; and
(f) provide for the expenses and allowances to be paid to witnesses or persons attending at proceedings before the Registrar; and
(g) give power to the Registrar:
(i) to require, in specified circumstances, a person applying under Part 9 for a trade mark to be removed from the Register to give security for any costs that may arise from the proceedings; and
(ii) not to proceed with the application if security is not given; and
(iii) to refund to the applicant any amount given as security and not applied in settling costs awarded against the applicant; and
(ha) provide for the control of the professional conduct of registered trade marks attorneys and the practice of the profession and, for that purpose, make provision for and in relation to all or any of the following:
(i) making complaints, and hearing charges, against registered trade marks attorneys about their professional conduct;
(ia) assessing the professional conduct of registered trade marks attorneys by reference to standards of practice established by the Board from time to time;
(ii) imposing penalties on registered trade marks attorneys (including issuing a reprimand and suspending or cancelling registration);
(iv) requiring persons to give evidence on oath (whether orally or otherwise);
(v) administering oaths to persons giving evidence (whether orally or otherwise);
(vi) requiring persons to produce documents or articles; and
(i) prescribe as penalties for offences against the regulations fines not exceeding 10 penalty units; and
(j) make transitional or consequential provision as necessary or convenient because of the repeal of the repealed Act and the enactment of this Act; and
(k) provide for regulations made under the repealed Act to continue to have effect (with any prescribed alterations) for specified purposes of this Act.
Note: Regulations can also be made in relation to the Public Health (Tobacco and Other Products) Act 2023 under section 231A.
(3) Without limiting subsection (1), the regulations may prescribe matters relating to oppositions under sections 52, 65A, 83A and 96, including the following:
(a) rules about filing and serving documents in relation to an opposition;
(b) rules about the amendment of documents filed in relation to an opposition;
(c) the circumstances in which the Registrar may dismiss an opposition;
(d) provision for review by the Administrative Appeals Tribunal
of decisions of the Registrar made under the regulations.