Commonwealth Numbered Acts

TRADE MARKS ACT 1995 No. 119 of 1995 - SECT 231

231. (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 Note: For
        file see section 6.

   (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

   (h)  provide for the destruction of documents relating to a trade mark at
        least 25 years after the registration of the trade mark has ceased;
        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        convenient because of the repeal of the repealed Act and the enactment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.