5Definitions

#### 5 Definitions In this Act, unless the contrary intention appears: > Agency has the same meaning as in the Public Service Act 1999. > artistic work has the same meaning as in the Copyright Act 1968. > Australia includes each external Territory. > authority, in relation to the Commonwealth, a State or a Territory, means a body established for a public purpose by or under a law of the Commonwealth, State or Territory. > certificate of examination means a certificate of examination of a registered design issued under Chapter 5. > Commonwealth includes a Commonwealth authority. > complex product means a product comprising at least 2 replaceable component parts permitting disassembly and re‑assembly of the product. > continental shelf means the continental shelf of Australia as defined in the Seas and Submerged Lands Act 1973. > Convention country has the meaning given by section 5A. > corresponding design, in relation to an artistic work, has the same meaning as in Division 8 of Part III of the Copyright Act 1968. > Deputy Registrar means a Deputy Registrar appointed under section 123. > design, in relation to a product, means the overall appearance of the product resulting from one or more visual features of the product. > Note: See also section 8. > design application means an application filed under section 21. > Designs Office means the Designs Office established by section 125. > employee means a person, other than the Registrar or a Deputy Registrar, who: (a) is a person engaged under the Public Service Act 1999 and is employed in the Designs Office; or (b) is not such a person but performs services, in the Designs Office, for or on behalf of the Commonwealth. > entitled person, in relation to a design, means a person entitled under section 13 to be entered in the Register as the registered owner of the design. > examination, in relation to a design, means examination of the design under section 65. > exclusive licensee has the meaning given by section 5B. > Federal Court means the Federal Court of Australia. > file means file with the Designs Office. > Note: Section 144 deals with filing. > filing date has the meaning given by section 26. > head, in relation to the Designs Office of a Convention country, means the official chief (however described) of that Office. > infringement proceedings means an action or proceedings for the infringement of a registered design. > initial application has the meaning given by section 23. > legal personal representative, in relation to a deceased person, means a person to whom: (a) probate of the will of the deceased person; or (b) letters of administration of the estate of the deceased person; or (c) other like grant; has been granted, whether in Australia or elsewhere. > legal practitioner means a barrister or solicitor of the High Court of Australia or of the Supreme Court of a State or Territory. > Locarno Agreement means the Agreement establishing an International Classification for Industrial Design, signed at Locarno on 8 October 1968. > minimum filing requirements has the meaning given by section 21. > PPSA security interest (short for Personal Property Securities Act security interest) means a security interest within the meaning of the Personal Property Securities Act 2009 and to which that Act applies, other than a transitional security interest within the meaning of that Act. > Note 1: The Personal Property Securities Act 2009 applies to certain security interests in personal property. See the following provisions of that Act: (a) section 8 (interests to which the Act does not apply); (b) section 12 (meaning of security interest); (c) Chapter 9 (transitional provisions). > Note 2: For the meaning of transitional security interest, see section 308 of the Personal Property Securities Act 2009. > preferred means: (a) in relation to filing a document with the Designs Office—means the means specified under subsection 144A(4); or (b) in relation to paying a fee—means the means specified under subsection 130A(4). > prescribed court means the following: (a) the Federal Court of Australia; (aa) the Federal Circuit and Family Court of Australia (Division 2); (b) the Supreme Court of a State; (c) the Supreme Court of the Australian Capital Territory; (d) the Supreme Court of the Northern Territory; (e) the Supreme Court of Norfolk Island. > prior art base has the meaning given by section 15. > priority date, in relation to a design, means the priority date of the design under section 27. > product has the meaning given by section 6. > Register means the Register of Designs mentioned in section 111. > registered means registered under this Act. > registered design, at a particular time, means a design that is registered at that time. > registered owner has the meaning given by section 14. > registered patent attorney has the same meaning as in the Patents Act 1990. > registered trade marks attorney has the same meaning as in the Trade Marks Act 1995. > registrable design has the meaning given by section 15. > Registrar means the Registrar of Designs holding office under this Act. > relevant authority means: (a) in relation to the use of a design by or for the Commonwealth—the Commonwealth; or (b) in relation to the use of a design by or for a State—that State; or (c) in relation to the use of a design by or for a Territory—that Territory. > relevant Minister has the meaning given by subsection 96(5). > relevant parties, in relation to the examination of a design under Chapter 5, means: (a) the registered owner of the design; and (b) the person who requested the examination; and (c) each person who is entered on the Register as having an interest in the design. > relevant proceedings, in relation to a registered design, means court proceedings: (a) for infringement of the registered design; or (b) for revocation of the registration of the design; or (c) in which the validity of the registration of the design is in dispute. > representation means a drawing, tracing or specimen of a product embodying a design or a photograph of such a drawing, tracing or specimen. > services of a relevant authority has a meaning affected by subsection 95(5). > State includes a State authority. > term of registration has the meaning given by section 46. > Territory includes a Territory authority. > used for Crown purposes has the meaning given by subsection 95(2). > visual feature has the meaning given by section 7.