Commonwealth Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

TRADE MARKS REGULATIONS 1995 - REG 16.10

Decision on variation of rules

  (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 the Official Journal notice of the Commission's decision to approve or not approve a variation of the rules.

  (5)   The notice to be published in the Official Journal must include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975 , application may be made to the AAT for review of the decision to which the notice relates.

Note:   registered owner is defined in section   6 of the Act.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback