Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) Subregulation (2) applies if:
(a) a fee mentioned in regulation 22.2B, 22.2C or 22.2D is not paid when it is payable; and
(b) the Commissioner does not give the invitation mentioned in the relevant regulation within the time allowed.
(2) The application, representation, request or other relevant document is to be treated as if the fee had been paid when the application, representation, request or other document was filed or made.
(2A) An application for a standard patent is to be treated as if the fee mentioned in regulation 22.2EB had been paid on the first examination report date if:
(a) the fee is not paid when it is payable; and
(b) the Commissioner does not give the invitation mentioned in paragraph 22.2EB(1)(b) within the 1 month period mentioned in that paragraph.
(3) Subregulation (4) applies if:
(a) a fee mentioned in regulation 22.2I is not paid when it is payable; and
(b) the Commissioner does not give the invitation mentioned in regulation 22.2I within the time allowed.
(4) The accepted application is to be treated as if the fee for acceptance mentioned in item 213 of Schedule 7 had been paid immediately after its acceptance.
(5) Subregulation (6) applies if:
(a) a fee mentioned in paragraph 22.2EA(1)(a) relating to a grant of leave to amend a complete specification is not paid when it is payable; and
(b) the Commissioner does not give the invitation mentioned in paragraph 22.2EA(1)(b) within the time mentioned in that paragraph.
(6) The request for leave to amend the complete specification is to be treated as if the fee had been paid when leave was granted to amend the complete specification.
(7) Despite subregulations (2), (2A), (4) and (6), the fee remains payable and can be recovered as a debt due to the Commonwealth.