Commonwealth Consolidated Regulations

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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.



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