Federal Register of Legislation - Australian Government

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Act No. 58 of 1994 as made
An Act to amend various Acts relating to matters dealt with by the Department of Industry, Technology and Regional Development, and for related purposes
Administered by: DITR
Date of Assent 09 Apr 1994
Date of repeal 10 Mar 2016
Repealed by Amending Acts 1990 to 1999 Repeal Act 2016
 

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

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

An Act to amend various Acts relating to matters dealt with by
the Department of Industry, Technology and Regional Development,
and for related purposes

INDUSTRY, TECHNOLOGY AND REGIONAL DEVELOPMENT LEGISLATION AMENDMENT ACT 1994 No. 58 of 1994 - SECT 1
Short title

(Assented to 9 April 1994)
1. This Act may be cited as the Industry, Technology and Regional Development Legislation Amendment Act 1994.


(Minister's second reading speech made in-
Senate on 16 December 1993
House of Representatives on 2 March 1994)

INDUSTRY, TECHNOLOGY AND REGIONAL DEVELOPMENT LEGISLATION AMENDMENT ACT 1994 No. 58 of 1994 - SECT 2
Commencement

2. This Act commences on a day to be fixed by Proclamation.

INDUSTRY, TECHNOLOGY AND REGIONAL DEVELOPMENT LEGISLATION AMENDMENT ACT 1994 No. 58 of 1994 - SECT 3
Amendment of Acts

3. The Acts specified in the Schedule are amended as set out in the Schedule.

INDUSTRY, TECHNOLOGY AND REGIONAL DEVELOPMENT LEGISLATION AMENDMENT ACT 1994 No. 58 of 1994 - SECT 4
Transitional provisions

4.(1) Regulations made for the purposes of subsection 48(1) of the Designs Act 1906, and in force immediately before the commencement of this Act, have effect after that commencement as if they had been made for the purposes of that subsection as amended by this Act.


(2) Regulations made for the purposes of subsection 108(1) of the Trade Marks Act 1955, and in force immediately before the commencement of this Act, have effect after that commencement as if they had been made for the purposes of that subsection as amended by this Act.

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,".