For subsection 223A(1) of the Act, the circumstance is that the act is done at:
(a) the Trade Marks Office; or
(b) a sub - office (if any) of the Trade Marks Office;
that was not open for business.
Note: Subsection 223A(1) provides as follows:
'(1) If the last day of a period provided by this Act (except this section) for doing an act is a day when the Trade Marks Office, or a sub - office of the Trade Marks Office, is not open for business, the act may be done in prescribed circumstances on the next day when the office or sub - office is open for business.'.