Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsSubsection 89(5) of the Act does not apply to an application:
(a) to which subsection 234(2) of the Act applies; and
(b) that is a PCT application in respect of which Australia has been elected under Chapter II of the PCT within the period specified in Article 39 of the PCT; and
(c) in respect of which a filed Preliminary Examination Report
made under the PCT reports that an amendment to the application goes beyond
the disclosure in the relevant international application that has been filed.