Commonwealth Consolidated Acts

TRADE MARKS ACT 1995 - SECT 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

                   (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;

                             (ii)  imposing penalties on registered trade marks attorneys (including issuing a reprimand and suspending or cancelling registration);

                            (iii)  summoning witnesses;

                            (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 Tobacco Plain Packaging Act 2011 under section 231A.