Commonwealth Consolidated Regulations

PATENTS REGULATIONS 1991 - REG 22.26

  (1)   In this regulation:

"decision" has the same meaning as in the Administrative Appeals Tribunal Act 1975 .

  (2)   Application may be made to the AAT for review of a decision of:

  (a)   the Commissioner under the following provisions:

  (i)   paragraph   3.24(1 )( b ) ( Commissioner may request samples and viability statement);

  (ii)   subregulation   3.25(2 ) ( request for Commissioner's certificate authorising release of sample of a micro - organism);

  (iia)   paragraph   4.3(2 )( b ) ( prescribed documents: public inspection);

  (iii)   regulation   5.17 or 5.18 (dismissal of opposition);

  (iv)   regulation   5.19 (determination of opposition);

  (v)   subparagraph   6.2(1 )( b )( ii ) ( prescribed period: grant of standard patent);

  (va)   subregulation   13.4(3);

  (vi)   subregulation   22.21(5 ) ( protection or compensation of certain persons); or

  (b)   the Board under the following provisions:

  (i)   regulation   20.5 (evidence of academic qualifications);

  (ii)   regulation   20.7 (evidence of knowledge requirements); or

  (c)   the Designated Manager under the following provisions:

  (i)   regulation   20.28 (failure to comply with continuing professional education requirements);

  (ii)   regulation   20.28B (suspension of registration--serious offence);

  (iii)   subregulation   20.29(3) (imposing a condition when restoring attorney's name to Register of Patent Attorneys);

  (iv)   regulation   20.31 (returning to Register of Patent Attorneys in other circumstances);

  (v)   regulation   20A.8 (failing to maintain professional indemnity insurance); or

  (d)   a Panel of the Disciplinary Tribunal under the following provisions:

  (i)   regulation   20.43 (decision of Panel of Disciplinary Tribunal );

  (ii)   regulation   20.44 (penalties -- professional misconduct);

  (iii)   regulation   20.45 (penalties -- unsatisfactory professional conduct);

  (iv)   regulation   20.46 (finding that attorney was unqualified at time of registration);

  (v)   regulation   20.47 (finding that registration obtained by fraud) ;

  (vi)   regulation   20A.18 (decision of Panel of Disciplinary Tribunal).

  (3)   If the Commissioner gives a person affected by a decision referred to in subregulation   (2) written notice of the making of the decision, the notice must include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975 , application may be made to the AAT for review of that decision by or on behalf of the person whose interests are affected by it.

  (4)   Failure to comply with subregulation   (3) in relation to a decision does not affect the validity of the decision.

  (5)   If the AAT reviews a decision of the Commissioner under subsection   224(1) of the Act and the decision is not affirmed, the Commissioner must publish a notice of the decision of the AAT in the Official Journal .