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Olympic Insignia Protection Regulations 1993 (consolidated as of July 1, 2015), Australia

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Superseded Text  Go to latest Version in WIPO Lex
Details Details Year of Version 2015 Dates Consolidated: July 1, 2015 Entry into force: September 9, 1993 Published: September 9, 1993 Issued: September 2, 1993 Type of Text Implementing Rules/Regulations Subject Matter Industrial Designs, Copyright and Related Rights (Neighboring Rights)

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Main text(s) Main text(s) English Olympic Insignia Protection Regulations 1993 (consolidated as of July 1, 2015)        
 Olympic Insignia Protection Regulations 1993 (as consolidated on July 1, 2015)

Prepared by the Office of Parliamentary Counsel, Canberra

Olympic Insignia Protection

Regulations 1993

Statutory Rules No. 234, 1993

made under the

Olympic Insignia Protection Act 1987

Compilation No. 5

Compilation date: 1 July 2015

Includes amendments up to: SLI No. 90, 2015

Registered: 21 August 2015

Federal Register of Legislative Instruments F2015C00700

About this compilation

This compilation

This is a compilation of the Olympic Insignia Protection Regulations 1993 that

shows the text of the law as amended and in force on 1 July 2015 (the

compilation date).

This compilation was prepared on 19 August 2015.

The notes at the end of this compilation (the endnotes) include information

about amending laws and the amendment history of provisions of the compiled

law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the

compiled law. Any uncommenced amendments affecting the law are accessible

on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but

not commenced at, the compilation date are underlined in the endnotes. For

more information on any uncommenced amendments, see the series page on

ComLaw for the compiled law.

Application, saving and transitional provisions for provisions and

amendments

If the operation of a provision or amendment of the compiled law is affected by

an application, saving or transitional provision that is not included in this

compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as

modified but the modification does not amend the text of the law. Accordingly,

this compilation does not show the text of the compiled law as modified. For

more information on any modifications, see the series page on ComLaw for the

compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a

provision of the law, details are included in the endnotes.

Federal Register of Legislative Instruments F2015C00700

Olympic Insignia Protection Regulations 1993 i

Compilation No. 5 Compilation date: 1/7/15 Registered: 21/8/15

Contents 1 Name of Regulations .........................................................................1

2 Definitions.........................................................................................1

3 Application for registration of olympic design—fee .........................1

4 Application for extension of protection period—registered

olympic designs: fee ..........................................................................1

5 Times for public inspection of Register.............................................2

6 Correction of Register of Olympic Designs.......................................2

6A Period for doing certain acts—office not open for business ..............2

6B Days when office not open for business ............................................2

6C Period for doing certain acts—acts to which section 14A

does not apply....................................................................................3

7 Register of licences for copyright in the olympic symbol and

for protected designs..........................................................................3

8 Register of licences for use of protected olympic expressions ..........4

9 Period of effect of notice of objection to importation........................4

Endnotes 5

Endnote 1—About the endnotes 5

Endnote 2—Abbreviation key 6

Endnote 3—Legislation history 7

Endnote 4—Amendment history 8

Federal Register of Legislative Instruments F2015C00700

Federal Register of Legislative Instruments F2015C00700

Regulation 1

Olympic Insignia Protection Regulations 1993 1

Compilation No. 5 Compilation date: 1/7/15 Registered: 21/8/15

1 Name of Regulations

These Regulations are the Olympic Insignia Protection

Regulations 1993.

2 Definitions

In these Regulations:

Act means Olympic Insignia Protection Act 1987.

approved form means a form mentioned in subsection 14 (1) of the

Act.

Designs Regulations means the Designs Regulations 1982.

3 Application for registration of olympic design—fee

For the purposes of paragraph 10 (2) (b) of the Act, the fee for an

application for registration of an olympic design is an amount

equal to the amount of the fee prescribed under regulation 4 of the

Designs Regulations for the lodging of an application for the

registration of a design.

4 Application for extension of protection period—registered olympic

designs: fee

For the purposes of paragraph 11 (2) (b) of the Act, the fee for an

application for extension of the protection period in relation to a

registered olympic design is an amount equal to the amount of the

fee prescribed under regulation 4 of the Designs Regulations for

the lodging of a request for the second extension of the period of

registration of a design.

Federal Register of Legislative Instruments F2015C00700

Regulation 5

2 Olympic Insignia Protection Regulations 1993

Compilation No. 5 Compilation date: 1/7/15 Registered: 21/8/15

5 Times for public inspection of Register

For the purposes of subsection 12 (3) of the Act, the times at which

the Designs Office is open to the public in accordance with

regulation 53 of the Designs Regulations are prescribed.

6 Correction of Register of Olympic Designs

(1) On a request being made in the approved form, the Registrar may

amend an entry in the Register of Olympic Designs for the

purposes of correcting a clerical error or an obvious mistake.

(2) The Registrar may, of his or her own initiative, amend an entry in

the Register of Olympic Designs to correct a clerical error or an

obvious mistake.

6A Period for doing certain acts—office not open for business

For subsection 14A (1) of the Act, the circumstance is that the act

is done at the Designs Office.

Note: Subsection 14A (1) provides as follows:

‘(1) If the last day of a period provided by this Chapter (except this

section), or regulations made for the purposes of this Chapter, for

doing an act is a day when the Designs Office is not open for business,

the act may be done in prescribed circumstances on the next day when

the office is open for business.’.

6B Days when office not open for business

(1) For paragraph 14A (2) (a) of the Act, the days on which the

Designs Office is not open for business are:

(a) Saturday; and

(b) Sunday; and

(c) Australia Day; and

(d) Anzac Day.

(2) For paragraph 14A (2) (b) of the Act, the table sets out prescribed

persons.

Federal Register of Legislative Instruments F2015C00700

Regulation 6C

Olympic Insignia Protection Regulations 1993 3

Compilation No. 5 Compilation date: 1/7/15 Registered: 21/8/15

Item Person

1 The Director General of IP Australia

2 The Deputy Director General of IP Australia

3 Another person who:

(a) is an SES employee of IP Australia; and

(b) acts with the agreement of the Director General of IP Australia

4 Another person who:

(a) is an SES employee of IP Australia; and

(b) acts with the agreement of the Deputy Director General of IP Australia

5 Another person who:

(a) is an SES employee of IP Australia; and

(b) acts with the agreement of another SES employee of IP Australia

Note: SES employee is explained in section 34 of the Public Service

Act 1999. That meaning is applied generally to Commonwealth

legislation by section 2B of the Acts Interpretation Act 1901.

(3) For paragraph 14A (2) (b) of the Act, the prescribed way of

publishing a declaration is in the Official Journal of Designs.

6C Period for doing certain acts—acts to which section 14A does not

apply

For subsection 14A (7) of the Act, an act done in relation to

proceedings in a court or a tribunal is prescribed.

7 Register of licences for copyright in the olympic symbol and for

protected designs

For subsection 18A (1) of the Act the particulars for a licence that

are to be included in the Register are:

(a) the name and address of the holder of the licence; and

(b) the period for which the licence is granted; and

(c) a description of the articles to which a protected design may

be applied under the licence; and

Federal Register of Legislative Instruments F2015C00700

Regulation 8

4 Olympic Insignia Protection Regulations 1993

Compilation No. 5 Compilation date: 1/7/15 Registered: 21/8/15

(d) if the licence relates to copyright in the olympic symbol, a

statement to that effect; and

(e) if the licence relates to a protected design:

(i) a statement to that effect; and

(ii) one or more representations of the design sufficient to

give a true indication of the design.

8 Register of licences for use of protected olympic expressions

(1) For subsection 40 (1) of the Act, the particulars for a licence that

are to be included in the Register are:

(a) the name and address of the licensed user; and

(b) the period for which the licence is granted; and

(c) the protected olympic expressions that may be used under the

licence; and

(d) a description of the goods and services to which a protected

olympic expression may be applied under the licence.

Note: Subsection 28 (1) of the Act explains when an expression is applied to

goods or services.

(2) In this regulation:

licensed user has the meaning given by section 23 of the Act.

9 Period of effect of notice of objection to importation

For subsection 52 (5) of the Act, the period for a notice of

objection to importation is 4 years beginning when the notice is

given to the Comptroller-General of Customs in accordance with

section 52 of the Act.

Federal Register of Legislative Instruments F2015C00700

Endnotes

Endnote 1—About the endnotes

Olympic Insignia Protection Regulations 1993 5

Compilation No. 5 Compilation date: 1/7/15 Registered: 21/8/15

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnotes about misdescribed amendments and other matters are included in a

compilation only as necessary.

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that

has amended (or will amend) the compiled law. The information includes

commencement details for amending laws and details of any application, saving

or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at

the provision (generally section or equivalent) level. It also includes information

about any provision of the compiled law that has been repealed in accordance

with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe

the amendment to be made. If, despite the misdescription, the amendment can

be given effect as intended, the amendment is incorporated into the compiled

law and the abbreviation “(md)” added to the details of the amendment included

in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the

abbreviation “(md not incorp)” is added to the details of the amendment

included in the amendment history.

Federal Register of Legislative Instruments F2015C00700

Endnotes

Endnote 2—Abbreviation key

6 Olympic Insignia Protection Regulations 1993

Compilation No. 5 Compilation date: 1/7/15 Registered: 21/8/15

Endnote 2—Abbreviation key

A = Act o = order(s)

ad = added or inserted Ord = Ordinance

am = amended orig = original

amdt = amendment par = paragraph(s)/subparagraph(s)

c = clause(s) /sub-subparagraph(s)

C[x] = Compilation No. x pres = present

Ch = Chapter(s) prev = previous

def = definition(s) (prev…) = previously

Dict = Dictionary Pt = Part(s)

disallowed = disallowed by Parliament r = regulation(s)/rule(s)

Div = Division(s) Reg = Regulation/Regulations

exp = expires/expired or ceases/ceased to have reloc = relocated

effect renum = renumbered

F = Federal Register of Legislative Instruments rep = repealed

gaz = gazette rs = repealed and substituted

LI = Legislative Instrument s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003 Sch = Schedule(s)

(md) = misdescribed amendment can be given Sdiv = Subdivision(s)

effect SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment SR = Statutory Rules

cannot be given effect Sub-Ch = Sub-Chapter(s)

mod = modified/modification SubPt = Subpart(s)

No. = Number(s) underlining = whole or part not

commenced or to be commenced

Federal Register of Legislative Instruments F2015C00700

Endnotes

Endnote 3—Legislation history

Olympic Insignia Protection Regulations 1993 7

Compilation No. 5 Compilation date: 1/7/15 Registered: 21/8/15

Endnote 3—Legislation history

Number and year FRLI registration or

gazettal

Commencement

date

Application, saving

and transitional

provisions

1993 No. 234 9 Sept 1993 9 Sept 1993

2002 No. 12 21 Feb 2002 21 Feb 2002 —

2007 No. 40 23 Mar 2007

(F2007L00650)

r 1–10 and Sch 1, 2, 3, 5

and 6: 27 Mar 2007

(r 2(a))

Sch 4 and 8: 1 Apr 2007

(r 2 (b))

Sch 7: 27 Mar 2007 (r 2

(c))

2011 No. 62 16 May 2011

(F2011L00773)

1 July 2011 (r 2) —

2011 No. 217 29 Nov 2011

(F2011L02480)

Sch 1 (Part 2): 27 Dec

2011 (r 2(a))

90, 2015 19 June 2015

(F2015L00854)

Sch 2 (item 180): 1 July

2015 (s 2(1) item 2)

Federal Register of Legislative Instruments F2015C00700

Endnotes

Endnote 4—Amendment history

8 Olympic Insignia Protection Regulations 1993

Compilation No. 5 Compilation date: 1/7/15 Registered: 21/8/15

Endnote 4—Amendment history

Provision affected How affected

r. 1 .................................................rs. 2002 No. 12

r. 2 .................................................rs. 2002 No. 12

Heading to r. 6 ...............................rs. 2002 No. 12

r. 6A ..............................................ad. 2007 No. 40

r. 6B...............................................ad. 2007 No. 40

am. 2011 No. 62; No 217, 2011

r. 6C...............................................ad. 2007 No. 40

r. 7 .................................................ad. 2002 No. 12

r. 8 .................................................ad. 2002 No. 12

r. 9 .................................................ad. 2002 No. 12

am No 90, 2015

Federal Register of Legislative Instruments F2015C00700


Legislation Supersedes (2 text(s)) Supersedes (2 text(s)) Is amended by (2 text(s)) Is amended by (2 text(s)) Is superseded by (1 text(s)) Is superseded by (1 text(s))
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