Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For subsection 43AA(1) of the Act, the following documents that relate to a basic application are prescribed:
(a) a copy of the specification filed for, and at the same time as, the basic application;
(b) a copy of any other document filed for the basic application, whether filed at the same time as, or after, the basic application is filed;
(c) a document mentioned in paragraph (a) or (b) that has been certified by the competent authority of the Convention country in which the basic application was made;
(d) if the application relates to a micro - organism--a copy of a receipt for the deposit of the micro - organism issued by a prescribed depository institution;
(e) if a document mentioned in paragraphs (a) to (d) is not in English--a translation of the document into English.
(2) For subsection 43AA(4) of the Act, if the Commissioner requires that a prescribed document relating to a basic application be made available to the Commissioner:
(a) the prescribed means for making the document available are:
(i) filing the document with the Australian Patent Office; or
(ii) making the document available through an approved digital library; and
(b) the prescribed period for making the document available is 3 months from the day the Commissioner requires the document be made available.
(3) However, if the Commissioner is satisfied that:
(a) a document was made available for inspection by the Commissioner in an approved digital library within the period mentioned in paragraph (2)(b); and
(b) the document is no longer available for inspection;
the prescribed period is 2 months after the day the Commissioner notifies the applicant or patentee that the Commissioner has not been able to inspect the document in the approved digital library.