Commonwealth Consolidated Regulations

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TRADE MARKS REGULATIONS 1995 - REG 16.4

Holding of conferences

             (1)  If, in the period that ends 1 month after the date of the advertisement in the Official Journal of an initial assessment:

                     (a)  a person requests the Commission in writing to hold a conference on a matter included in the initial assessment; and

                     (b)  no person otherwise responds in writing to the Commission in relation to a notice under subregulation 16.3(2) or an advertisement under subregulation 16.3(3);

the Commission must hold the conference before it makes a decision on the application.

             (2)  As soon as practicable after the Commission receives a request under subregulation (1) for a conference, the Commission must:

                     (a)  invite the applicant and any other person mentioned in subregulation (1):

                              (i)  to attend the conference; and

                             (ii)  to make an oral or written submission at the conference on the views expressed by another person that are mentioned in subparagraph (b)(ii); and

                     (b)  give to the applicant and any other person mentioned in subregulation (1):

                              (i)  reasonable notice of the time, date and place of the conference; and

                             (ii)  a reasonable opportunity to express views that are relevant to the conference, either orally at, or by written submission before or during, the conference; and

                            (iii)  a copy of each written submission to which subparagraph (ii) refers that is made by another person.

             (3)  If, in the period that ends 1 month after the date of the advertisement in the Official Journal of an initial assessment:

                     (a)  a person requests the Commission in writing to hold a conference on a matter included in the initial assessment; and

                     (b)  a person otherwise responds in writing to the Commission in relation to a notice under subregulation 16.3(2) or an advertisement under subregulation 16.3(3);

the Commission must hold the conference before it makes a decision on the application.

             (4)  As soon as practicable after the Commission receives a request under subregulation (3) for a conference, the Commission must:

                     (a)  invite the applicant and any person who has responded in writing to the Commission:

                              (i)  to attend the conference; and

                             (ii)  to make an oral or written submission at the conference on the views expressed by another person that are mentioned in subparagraph (b)(ii); and

                     (b)  give to the applicant and any person who has responded in writing to the Commission:

                              (i)  reasonable notice in writing of the time, date and place of the conference; and

                             (ii)  a reasonable opportunity to express views that are relevant to the conference, either orally at, or by written submission before or during, the conference; and

                            (iii)  a copy of each response to which paragraph (3)(b) refers, and of each written submission to which subparagraph (ii) refers, that is made by another person.

             (5)  If a person who is invited to attend a conference:

                     (a)  informs the Commission that the person does not wish to attend the conference; or

                     (b)  does not attend the conference;

the conference may proceed in the absence of the person.



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