Part 20ADMINISTRATION

PART 20—ADMINISTRATION Trade Marks Office and sub-offices 208.(1) For the purposes of this Act, there is to be an office called the Trade Marks Office. (2) There is to be a sub-office of the Trade Marks Office in each State. Seal of Trade Marks Office 209. There is to be a seal of the Trade Marks Office and impressions of the seal must be judicially noticed. Registrar of Trade Marks 210.(1) There is to be a Registrar of Trade Marks. (2) The Registrar has the powers and functions that are given to him or her under this Act or any other Act (including regulations under that Act). Registrar’s powers 211. The Registrar may, for the purposes of this Act: (a) summon witnesses; and (b) receive written or oral evidence on oath or affirmation; and (c) require the production of documents or articles; and (d) award costs against a party to proceedings before the Registrar. Exercise of power by Registrar 212. The Registrar may not exercise a power under this Act in any way that adversely affects a person applying for the exercise of that power without first giving that person a reasonable opportunity of being heard. Deputy Registrar of Trade Marks 213.(1) There is to be at least one Deputy Registrar of Trade Marks. (2) Subject to any direction by the Registrar, a Deputy Registrar has all the powers and functions of the Registrar, except the powers of delegation under section 214. (3) A power or function of the Registrar, when exercised by a Deputy Registrar, is taken to have been exercised by the Registrar. (4) The exercise of a power or function of the Registrar by a Deputy Registrar does not prevent the exercise of the power or function by the Registrar. (5) If the exercise of a power or function by the Registrar is dependent on the opinion, belief or state of mind of the Registrar in relation to a matter, that power or function may be exercised by a Deputy Registrar on his or her opinion, belief or state of mind in relation to that matter. (6) If the operation of a provision of this Act or another Act is dependent on the opinion, belief or state of mind of the Registrar in relation to a matter, that provision may operate on the opinion, belief or state of mind of a Deputy Registrar in relation to that matter. Delegation of Registrar’s powers and functions 214.(1) The Registrar may by signed instrument delegate all or any of his or her powers or functions to an employee. Note: See section 34AB of the Acts Interpretation Act 1901 regarding the effect of this subsection. (2) A delegate must, if so required by the instrument of delegation, exercise or perform a delegated power or function under the direction or supervision of the Registrar or an employee specified in the instrument.