256Decision on application

256 Decision on application

(1)  Subject to subregulation (3) , the regulator must grant the registration if satisfied about the matters referred to in subregulation (2) .

(2)  The regulator must be satisfied about the following:

(a) the application has been made in accordance with this Division;

(b) the design is not registered under a corresponding WHS law;

(c) if the applicant is an individual, the applicant –

(i) resides in this State; or

(ii) resides outside this State and circumstances exist that justify the grant of the registration;

(d) if the applicant is a body corporate, the applicant's registered office –

(i) is located in this State; or

(ii) is located outside this State and circumstances exist that justify the grant of the registration;

(e) the applicant is able to ensure compliance with any conditions that will apply to the registration.

(3)  The regulator must refuse to grant a registration if satisfied that, in making the application, the applicant has –

(a) given information that is false or misleading in a material particular; or

(b) failed to give any material information that should have been given.

(4)  If the regulator decides to grant the registration, it must notify the applicant within 14 days after making the decision.

(5)  If the regulator does not make a decision within 120 days after receiving the application or the additional information requested under regulation 255 , the regulator is taken to have refused to grant the registration applied for.

| Note | | A refusal to grant a registration (including under subregulation (5) ) is a reviewable decision (see regulation 676 ). |