The Explanatory Statement for the Regulatory Reform Omnibus Bill 2026 (Cth) - now passed - states
Schedule 1: Amendments to simplify business regulation
The amendments in Schedule 1 make regulatory improvements for businesses by simplifying business reporting obligations, adding targeted safeguards for businesses that rely on intellectual property (IP) processes and easing administrative processes for plant breeders and importers. These amendments reflect that regulation affects every business operating in Australia, and that well-targeted regulation creates productive environments to encourage business investment while maintaining important safeguards for the community.
Part 1 amends the Trade Marks Act 1995 to broaden the regulation-making power for the awarding of costs in contested proceedings before the Registrar of Trade Marks. This will enable the regulations to provide for costs to be awarded outside of the standard scale in limited circumstances, such as where a party is acting unreasonably or obstructively in a way that increases costs of another party. This is intended to deter such behaviour and ensure proceedings run efficiently and effectively.
Part 2 amends the Trade Marks Act 1995 and the Patents Act 1990 to provide a regulation making power to close the re-registration loophole for patent and trade marks attorneys. The amendments will enable complaints and disciplinary processes in relation to an attorney's conduct while registered to continue even if the attorney becomes unregistered. The amendments also enable regulations to prescribe different re-registration requirements for different classes of individuals and companies, for example by imposing more stringent requirements for those who are or were the subject of disciplinary proceedings.
Part 3 amends the Plant Breeder's Rights Act 1994 to provide a grace period for payment of renewal fees for Plant Breeder's Rights (PBR). The amendments simplify when the renewal fee must be paid and the consequences of non-payment. Part 3 also provides a simplified mechanism for handling an offer by the holder to surrender the PBR. The amendments will improve the PBR renewal and surrender process and more closely align processes with other IP rights.
Part 4 amends the Trade Marks Act 1995 so that references in the Act and its regulations to the Madrid Protocol are as in force for Australia from time to time. Part 4 also inserts a regulation-making power to apply, adopt or incorporate a matter from the Regulations under the Madrid Protocol as in force from time to time. This reduces the need for frequent amendments to the Trade Marks Regulations 1995 to keep them consistent with the Madrid system, and provides greater certainty for users of the system.
Part 4 also amends the Trade Marks Act 1995 so that the classes of goods and services for trade mark registration are the classes in the Classification established under the Nice Agreement, as in force for Australia from time to time. This change avoids the need to periodically update regulations when the Classification is updated. It also supports Australia's continued alignment with the international classification system used for trade marks.
