39Formalities check—applications in respect of one design only

#### 39 Formalities check—applications in respect of one design only (1) This section applies to a design disclosed in a design application if: (a) the design is the only design disclosed in the application; and (b) the applicant has requested that the design be registered (including a request taken to have been made under subsection 35(4)). (2) The Registrar must register the design if the Registrar is satisfied that: (a) the design application satisfies the formalities check specified in the regulations; and (aa) the design application complies with the formal requirements determined in an instrument under section 149A; and (b) if the design is purportedly a common design in relation to more than one product—that the design is a common design in relation to each product; and (c) the Registrar is not required to refuse to register the design under subsection 43(1).