[DA 46] Restoration of lapsed registration46 

46
(1) This section applies if the period of right in a registered design has ended by reason of a failure to make an application under section 14(2) or to pay the prescribed fee under section 14(2), or both.
(2) The Commissioner may, on a request made in the prescribed manner and in accordance with sections 47 to 51, by order extend the period of registration of a design for a second period of 5 years as provided for in section 14(2) if the Commissioner is satisfied that the relevant failure to comply with section 14(2) was unintentional.
(3) A request for an order under this section must contain a statement that fully sets out the circumstances that led to the relevant failure to comply with section 14(2).
(4) The Commissioner may require the person who makes the request to provide any further evidence that the Commissioner thinks fit.
(5) An appeal to the court may be made from any decision of the Commissioner under this section or sections 47 to 51.