Commonwealth Numbered Acts

INDUSTRY, TECHNOLOGY AND REGIONAL DEVELOPMENT LEGISLATION AMENDMENT ACT 1994 No. 58 of 1994 - SCHEDULE

SCHEDULE
AMENDMENTS OF ACTS
Designs Act 1906
Subsection 8(1): Omit the subsection, substitute:

"(1) There is to be a Registrar of Designs.

"(1A) The Registrar has such powers and functions as are conferred on him or
her under this Act or any other Act.".
Subsections 8(4) and (5): After "this Act", insert "or any other Act".
Subsection 8(5A): After "this Act", insert "or any other Act".
Subsection 8(5B): After "this Act" (wherever occurring), insert "or any other
Act".
Subsection 8(6): Omit the subsection.
Section 8A: Omit the section, substitute: Delegation by Registrar

"8A.(1) The Registrar may, by writing, delegate all or any of the Registrar's
powers under this Act or any other Act to:

   (a)  a prescribed person, or a prescribed class of persons, holding or
        performing the duties of an Australian Public Service office in the
        Designs Office; or

   (b)  a prescribed employee, or a prescribed class of employees, employed in
        the Designs Office.

"(2) In this section:
'employee' has the same meaning as in the Public Service Act 1922.".
After subsection 37(1): Insert:

"(1A) The Registrar may, in accordance with the regulations, amend or alter an
entry in the register to correct a clerical error or an obvious mistake.

"(1B) An amendment or alteration under subsection (1A) may be made:

   (a)  on the request made in the prescribed manner by the owner of a
        registered design; or

   (b)  on the Registrar's own initiative.".
Subsection 48(1): Omit from subsection (1) ", with a view to the fulfilment of
a treaty, convention, arrangement or engagement between the Commonwealth and
another country,".
Industry Research and Development Act 1986
Paragraph 28(2)(a): Omit "30 June 1994", substitute "31 December 1995".
Paragraph 31(2)(a): Omit "30 June 1994", substitute "31 December 1995".
Patents Act 1990
Subsection 207(2): Omit the subsection, substitute:

"(2) The Commissioner has such powers and functions as are conferred on him or
her under this Act or any other Act.".
Subsections 208(2) and (3): After "this Act" (wherever occurring), insert "or
any other Act".
Subsection 208(4): After "this Act", insert "or any other Act".
Subsection 208(5): After "this Act" (wherever occurring), insert "or any other
Act".
Subsection 209(1): Omit "to an employee", substitute "or any other Act to a
prescribed employee, or a prescribed class of employees".
Schedule 1 (paragraphs (a) and (b) of the definition of "employee"): Omit
"under the control of the Commissioner", substitute "in the Patent Office".
Trade Marks Act 1955
Subsection 10(1): Omit the subsection, substitute:

"(1) There is to be a Registrar of Trade Marks.

"(1A) The Registrar has such powers and functions as are conferred on him or
her under this Act or any other Act.".
Subsection 10(2): Omit the subsection.
Subsections 10(3A) and (3B): After "this Act" (wherever occurring), insert "or
any other Act".
Subsection 10(3C): After "this Act", insert "or any other Act".
Subsection 10(4): After "this Act" (wherever occurring), insert "or any other
Act".
Subsection 10(5): Omit the subsection.
Section 11: Omit the section, substitute: Delegation by Registrar

"11.(1) The Registrar may, by writing, delegate all or any of the Registrar's
powers under this Act or any other Act to:

   (a)  a prescribed person, or a prescribed class of persons, holding or
        performing the duties of an Australian Public Service office in the
        Trade Marks Office; or

   (b)  a prescribed employee, or a prescribed class of employees, employed in
        the Trade Marks Office.

"(2) In this section:
'employee' has the same meaning as in the Public Service Act 1922.".
Subsection 108(1): Omit ", with a view to the fulfilment of a treaty,
convention, arrangement or engagement between the Commonwealth and another
country,".