23Design applications covering excluded designs

#### 23 Design applications covering excluded designs (1) If: (a) one or more designs are disclosed in a design application (the initial application); and (b) after the initial application is filed, it is amended under section 28 to exclude one or more of those designs (the excluded designs); and (c) the initial application has not lapsed or been withdrawn; and (d) none of the designs in the initial application has been registered; the applicant may file a design application under section 21 in respect of one or more of the excluded designs. (2) An application in respect of one or more excluded designs must be filed within the period prescribed by the regulations. (3) To avoid doubt, an application in respect of one or more excluded designs must not include a design that has been withdrawn under subsection 32(2) from the initial application or refused registration.