Industrial Design
[No. 22 of 2016
555
PART XVI
GENERAL PROVISIONS
94. Subject to the other provisions this Act, where any
discretionary or other power is given to the Registrar, the Registrar
shall not exercise that power adversely or arbitrarily and a person
challenging a decision of the Registrar shall have the right to apply
to the court.
Exercise of
discretionary
power
95. (1) The Registrar may sit with such number number of
assessors, in all proceedings brought before the Registrar.
Registrar
may sit with
assessors in
determining
a matter
(2) The Registrar may appoint the assessors, referred to in
subsection (1), as and when required and such assessors shall be
remunerated by the Agency as the Minister may, in consultation
with the Minister responsible for finance, prescribe.
96. (1) A certificate purporting to be signed by the Registrar
and certifying that an entry, which the Registrar is authorised in
accordance with this Act to make, has or has not been made or
that any other thing which the Registrar is so authorised to do, has
or has not been done, shall be prima facie evidence of the matters
so certified.
Evidence of
certain
entries and
documents
(2) A copy of any entry in the Register or any other register
maintained in accordance with this Act or any document or an
extract from the Register or any such register or document certified
by the Registrar shall be admitted in evidence without further proof
and without production of the original.
97. Subject to this Act, the Registrar shall, on the request of a
person and on payment of the prescribed fee, furnish copies of a
document which is open to public inspection and which is lodged in
the Register or any other register, which is maintained in accordance
with this Act, or furnishes a certificate in respect of the document.
Requests for
information
98. If, due to circumstances beyond the control of a person,
an act is required by this Act to be done within a prescribed time is
not or cannot be done within that time, the Registrar may, on
application by the person, extend the time for doing the act.
Extension of
time
99. Where the Registrar is required in this Act to do any act or
thing and no time or period is provided within which the act or thing
is to be done, the Registrar is to do the act or thing as soon as
practicable.
Registrar to
act as soon
as
practicable
100. (1) Where an aggrieved person appeals to the court,
the Registrar shall act in accordance with the decision of the court,
subject to any further appeal.
Registrar to
act in
accordance
with court
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