97Publication of notice of final determination

97 Publication of notice of final determination

(1) The Presiding Member of the Geographical Indications Committee must publish a notice, stating that a final determination has been made and setting out the terms of the determination, in any manner that the Committee thinks appropriate. (2) The Presiding Member of the Geographical Indications Committee must also give the notice to: (a) the person who applied for the determination under section 60; and (b) any person who made an objection to the proposed item that was considered by the Register of Trade Marks under Division 3. (3) The notice must include a statement to the effect that: (a) subject to the Administrative Appeals Tribunal Act 1975, application may be made, by or on behalf of any person whose interests are affected by the determination, to the Administrative Appeals Tribunal for review of the determination; and (b) unless subsection 28(4) of that Act applies, application may be made in accordance with section 28 of that Act by or on behalf of that person for a statement in writing setting out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the determination; and (c) if a decision has been made under section 71, 72 or 85 of this instrument before the final determination: (i) no application to the Administrative Appeals Tribunal may be made in respect of that decision; and (ii) an appeal lies to the Federal Court in respect of that decision under section 89 of this instrument. (4) If final determinations are made of both a GI and a translation of the GI, the Presiding Member may publish a single notice in relation to both determinations. (5) Any failure to comply with subsection (3) in relation to a determination does not affect the validity of the determination.