Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) Subregulation (2) applies to a request under regulation 3.25 in relation to a patent application if:
(a) the applicant for the patent has notified the Commissioner as mentioned in subregulation 3.25A(2); and
(b) the period mentioned in subregulation 3.25A(3) has not ended; and
(c) regulation 3.25E does not apply to the request.
(2) The Commissioner must grant the certification if:
(a) the specification relating to the application is open to public inspection; and
(b) the Commissioner is reasonably satisfied that the nominated person is entitled to rely on the deposit for the purposes of the Act; and
(c) a person has been nominated as a skilled addressee by the person who made the request; and
(d) the Commissioner is reasonably satisfied that the nominated person:
(i) is appropriately skilled; and
(ii) does not have an interest in the invention; and
(e) regulation 3.25C applies to the request.
(3) Subregulation (4) applies to any other request under regulation 3.25.
(4) The Commissioner must grant the certification if:
(a) the specification relating to the application or patent is open to public inspection; and
(b) the Commissioner is reasonably satisfied that the nominated person is entitled to rely on the deposit for the purposes of the Act; and
(c) one or more of regulations 3.25C, 3.25D, 3.25E and 3.25F apply to the request.
(5) Despite subregulations (1) to (4), the Commissioner must not grant the certification if:
(a) the request relates to a micro-organism:
(i) that is the subject of a PCT application; or
(ii) the use, modification or cultivation of which is the subject of a PCT application; and
(b) the applicant of the PCT application has not complied with subsection 29A(5) of the Act.