Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) The Commission may approve a variation of the rules if the Commission is satisfied that the rules, as varied:
(a) would not be to the detriment of the public; and
(b) are satisfactory having regard to the criteria prescribed in regulation 16.6; and
(c) provide that the attributes a person must have to become an approved certifier are sufficient to enable the person to assess competently whether goods or services meet the certification requirements.
(2) If the Commission approves a variation of the rules, the Commission must:
(a) notify the registered owner, in writing, of its decision to approve a variation of the rules; and
(b) certify in writing that it is satisfied of the matters mentioned in subsection 178(3) of the Act and in subregulation (1); and
(c) send a copy of the certificate to the Registrar; and
(d) send a certified copy of the rules as varied to the Registrar.
(3) If the Commission decides not to approve a variation of the rules, the Commission must notify the Registrar and the registered owner, in writing, of its decision not to approve a variation of the rules.
(4) The Registrar must publish in a computer database maintained by the Trade Marks Office notice of the Commission's decision to approve or not approve a variation of the rules.
(5) The notice published under subregulation (4) must include a statement to the effect that, subject to the Administrative Review Tribunal Act 2024 , application may be made to the ART for review of the decision to which the notice relates.
Note: registered owner is defined in section 6 of the Act.