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Contents

Part I PRELIMINARY

Part II REGISTRATION OF DESIGNS

Division 1 — Registrability of Designs

Division 2 — Application for Registration

Division 3 — Miscellaneous

Part III REGISTER

Part IV EXTENSION OF PERIOD OF REGISTRATION OF DESIGN

Part V REGISTRABLE TRANSACTIONS

Part VI SURRENDER AND REVOCATION OF REGISTRATION OF DESIGN

Part VII EVIDENCE AND PROCEDURE

Part VIIA COSTS

Part VIII EXTENSION OF TIME

Part VIIIA ELECTRONIC ONLINE SYSTEM

Part IX MISCELLANEOUS PROVISIONS

Part X TRANSITIONAL PROVISIONS

FIRST SCHEDULE Fees

SECOND SCHEDULE Descriptions of Forms

THIRD SCHEDULE Classification of Articles

FOURTH SCHEDULE Scale of Costs

Legislative History

 
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Print   Link to In-Force Version
On 31/10/2014, you requested the version in force on 31/10/2014 incorporating all amendments published on or before 31/10/2014. The closest version currently available is that of 01/12/2011.
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Hours of business and excluded days
59.
—(1)  Subject to paragraph (3), any business done under the Act —
(a)
on any day after the hours of business of the Registry for that class of business; or
(b)
on any day which is an excluded day for that class of business,
shall be taken to have been done on the next following day which is not an excluded day for that class of business.
(2)  Where the time for doing any business under the Act expires on an excluded day for the doing of that class of business, that time shall be extended to the next following day which is not an excluded day for the doing of that class of business.
(3)  For the avoidance of doubt, where the time for carrying out any transaction referred to in rule 58A(2) expires on an excluded day for the carrying out of that transaction, that time shall be extended to the next following day which is not an excluded day for the carrying out of that transaction, notwithstanding the availability of the electronic online system for the carrying out of that transaction.
(4)  Where, in carrying out any transaction referred to in rule 58A(2), a document —
(a)
is transmitted to the Registry by means of the electronic online system; and
(b)
is received, by the server of that system set up to receive such transmissions, at any time before midnight on any day which is not an excluded day for the business of sending to or filing with the Registry any document by means of that system,
that document shall be treated as sent to or filed with, and received by, the Registry at that time and on that day.
(5)  For the purposes of paragraph (4), the document shall be treated as sent to or filed with, and received by, the Registry if and only if the last byte of the transmission containing the document is received by the server referred to in that paragraph.
(6)  Any person who sends or files a document by means of the electronic online system may produce a record of transmission issued through that system as evidence of —
(a)
the sending or filing of that document; and
(b)
the date and time when the sending or filing took place.
(7)  Subject to paragraph (6) of rule 6, where a document referred to in that paragraph —
(a)
is transmitted to the Registrar or Registry by means of facsimile transmission; and
(b)
is received —
(i)
by any facsimile machine designated by the Registry for the receipt of such transmissions; and
(ii)
at any time before midnight on any day which is not an excluded day for the business of sending to or filing with the Registry that document by means of facsimile transmission,
that document shall be treated as sent to or filed with, and received by, the Registry at that time and on that day.
(8)  For the purposes of paragraph (7) —
(a)
a document shall be treated as sent to or filed with, and received by, the Registry if and only if all sheets comprising the complete document are received by the facsimile machine referred to in that paragraph; and
(b)
the date and time of receipt of the document, as recorded by the facsimile machine referred to in that paragraph, shall, until the contrary is proved, be treated as the date and time when the document was sent to or filed with, and received by, the Registry.
(9)  In the Act, “excluded day”, in relation to any specific class of business, means any day on which the Registry shall be taken to be closed for the purposes of the transaction by the public of that class of business.