40DAcquisition of designs by the Commonwealth

##### 40D Acquisition of designs by the Commonwealth (1) The Governor‑General may direct that a design the subject of an application for registration, or a registered design, shall be acquired by the Commonwealth from the owner, and, thereupon, the design or registered design, and all rights in respect of the design or registered design, are, by force of this section, transferred to and vested in the Commonwealth. (2) Notice of the acquisition shall be given to the owner and be published in the Official Journal and the Gazette unless, in the case of the acquisition of a design the subject of an application for registration, an order is in force under section 40F in relation to the application. (3) The Commonwealth shall pay to the owner of the design, and, in the case of the acquisition of a registered design, to all other persons appearing in the register as having an interest in the design, such compensation as is agreed upon between the Commonwealth and the owner or other persons, as the case may be, or as, in default of agreement, is determined by a prescribed court in an action for compensation against the Commonwealth.