Intellectual Property Laws Amendment (Fee Exemptions) Regulations 2020

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 11 June 2020

David Hurley

Governor‑General

By His Excellency’s Command

Karen Andrews

Minister for Industry, Science and Technology

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Plant Breeder’s Rights Regulations 1994

Trade Marks Regulations 1995

1  Name

  This instrument is the Intellectual Property Laws Amendment (Fee Exemptions) Regulations 2020.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under the following:

 (a) the Plant Breeder’s Rights Act 1994;

 (b) the Trade Marks Act 1995.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Plant Breeder’s Rights Regulations 1994

1  After regulation 4

Insert:

4A  Exemption from fees

  The Registrar may exempt specified classes of persons from the payment of the whole or a part of a fee specified in Schedule 1 if the Registrar is reasonably satisfied that the exemption is justified, having regard to all the circumstances.

Trade Marks Regulations 1995

2  After regulation 21.23

Insert:

21.23A  Exemption from fees

  The Registrar may exempt specified classes of persons from the payment of the whole or a part of a fee specified in Schedule 9 if the Registrar is reasonably satisfied that the exemption is justified, having regard to all the circumstances.