Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) If, before the commencing day:
(a) an application lapses under:
(i) section 47C or 47D of the 1952 Act; or
(ii) subregulation 7B(4) or (5) of the former patents Regulations; or
(b) a patent ceases because of failure to pay a prescribed fee within the prescribed time;
and an application is made for the restoration of the lapsed application or ceased patent, as the case may be, under:
(c) subsection 47E(2) or 97(1) of the 1952 Act; or
(d) subregulation 7B(6) of the former patents Regulations;
section 47E, subsection 97(2) or (3) or section 98 of the 1952 Act or the prescribed provisions of the former patents Regulations, as the case requires, continues to apply in relation to that lapsed application or ceased patent and the corresponding provisions of the Act and these Regulations do not so apply.
(2) There is payable to the Commissioner in respect of a lapsed application or ceased patent to which subregulation (1) applies a fee of the amount specified in column 3 of item 8 of Part 1 in Schedule 2 to the former patents Regulations.
(3) In subregulation (1), prescribed provisions means:
(a) regulations 16D, 16E, 16F, 41, 42, 43, 44, 82, 83A, 92; or
(b) Division 1 of Part XIV.