The amendments made by Part 3 of Schedule 1 to the Intellectual Property Laws Amendment (Regulator Performance) Regulations 2024 apply as set out in the following table.
Transitional provisions | ||
Item | Column 1 The amendments made by: | Column 2 apply in relation to: |
1 | items 4 and 5 | an AFS request made under regulation 3A.3 if the request is: (a) submitted after the commencement of this regulation; or (b) amended after the commencement of this regulation |
2 | item 6 | an application made under section 27 of the Act if the application: (a) is filed after the commencement of this regulation; or (b) was filed before the commencement of this regulation, but has not been published as at that commencement |
3 | items 7, 8 and 11 | a decision made under section 33 of the Act in relation to an application made under section 27 of the Act, if the decision: (a) is made after the commencement of this regulation (whether the application is made before, on or after that commencement); or (b) was made before the commencement of this regulation, but has not been advertised as at that commencement |
4 | items 9 and 10 | a request for amendment made under section 65A of the Act if the request is made after the commencement of this regulation |
5 | item 12 | a trade mark registered under section 68 of the Act if the trade mark is registered after the commencement of this regulation |
6 | items 13 and 14 | a request for amendment made under section 83A of the Act if the request is made after the commencement of this regulation |
7 | items 16, 17, 40 and 41 | an application made under section 92 of the Act if the application is made after the commencement of this regulation |
8 | item 18 | a recording or registration made under section 110 of the Act in relation to an application made under section 109 of the Act, if the recording or registration is made after the commencement of this regulation (whether the application is made before, on or after that commencement) |
9 | items 19 to 29 and 49 | an initial assessment made under regulation 16.3 in relation to an application under section 27 of the Act, if the initial assessment: (a) is made after the commencement of this regulation (whether the application is made before, on or after that commencement); or (b) was made before the commencement of this regulation, but has not been advertised as at that commencement |
10 | item 30 | a decision made under section 175 of the Act in relation to an application made under section 27 of the Act, if the decision: (a) is given after the commencement of this regulation (whether the application is made before, on or after that commencement); or (b) was given before the commencement of this regulation, but has not been advertised as at that commencement |
11 | items 31 and 34 | a decision made under section 176 of the Act in relation to an application made under section 27 of the Act, if the decision: (a) is made after the commencement of this regulation (whether the application is made before, on or after that commencement); or (b) was made before the commencement of this regulation, but has not been advertised as at that commencement |
12 | items 32 and 33 | a decision made under section 178 of the Act in relation to an application made under regulation 16.8, if the decision: (a) is made after the commencement of this regulation (whether the application is made before, on or after that commencement); or (b) was made before the commencement of this regulation, but has not been published as at that commencement |
13 | items 35 to 37 | a decision made under regulation 17A.24, if the decision: (a) is made after the commencement of this regulation (whether the application is made before, on or after that commencement); or (b) was made before the commencement of this regulation, but the decision has not been notified as at that commencement |
14 | item 38 | a trade mark that becomes a protected international trade mark under regulation 17A.36 if the trade mark becomes protected after the commencement of this regulation |
15 | item 42 | a decision made under regulation 20A.18 in relation to an application made under 20A.10, if the decision: (a) is made after the commencement of this regulation (whether the application is made before, on or after that commencement); or (b) was made before the commencement of this regulation, but has not been published as at that commencement |
16 | item 43 (new regulation 21.3A) | a determination made under section 213A of the Act if the determination is made after the commencement of this regulation |
17 | item 43 (new regulation 21.3B) | a direction given under section 213B of the Act if the direction is given after the commencement of this regulation |
18 | item 43 (new regulation 21.3C) | a direction given under section 213C of the Act if the direction is given after the commencement of this regulation |
19 | item 44 | an application, notice or request withdrawn in accordance with regulation 21.9, if the application, notice or request: (a) is withdrawn after the commencement of this regulation; or (b) was withdrawn before the commencement of this regulation, but the withdrawal has not been advertised as at that commencement |
20 | items 45 and 46 | an application made under section 224 of the Act if the application is made after the commencement of this regulation |
21 | item 47 | a determination made under section 223AA of the Act if the determination is made after the commencement of this regulation |
22 | item 48 | a declaration made under section 223A of the Act if the declaration is made after the commencement of this regulation |