Commonwealth Consolidated Regulations

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Opportunity to be heard by Registrar

  (1)   This regulation applies if the Act or these Regulations provide for a person to be heard by the Registrar.

  (2)   The Registrar may give the person an opportunity to be heard by:

  (a)   asking the person for written submissions; or

  (b)   notifying the person that on request to the Registrar, the person may be heard by way of an oral hearing on a date, and at a time and place, determined by the Registrar; or

  (c)   notifying the person of the date, time and place of an oral hearing.

  (3)   A request for a hearing must be in an approved form.

  (4)   The Registrar is not bound by the rules of evidence, but may be informed on any matter that is before the Registrar in a way that the Registrar reasonably believes to be appropriate.

  (5)   The Registrar may decide a matter if each person that is a party to the matter:

  (a)   notifies the Registrar that the person does not want to be heard; or

  (b)   does not file written submissions if requested under subregulation   21.16(1); or

  (c)   does not request an oral hearing after being notified under paragraph   (2)(b); or

  (d)   does not attend an oral hearing if notified under subregulation   21.16(2).

  (6)   In the circumstances mentioned in subregulation   (5), the Registrar may make a decision by reference to relevant information that is held in the Trade Marks Office.

  (7)   If the Registrar makes a decision in any of the circumstances mentioned in subregulation   (5), the Registrar must notify each party of the Registrar's decision.

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