5.1.4. Applicant name: Government entity

Whether a government entity can apply for and be the registered owner of a design depends on its legal status. The applicant must be a legal person, such as the Crown or a statutory authority established by legislation.

Where the applicant is a government department, the application should identify the relevant Crown rather than the department alone. For example, the applicant may be named as:

• The Crown in Right of the Commonwealth;

• The Crown in Right of the State of X; or

• The State of X.

A reference to the relevant department may also be included, for example:

• The State of X acting through the Department of Y; or

• The State of X c/- the Department of Y.

Using the name of a department alone is generally discouraged, as government administrative arrangements may change over time and the department name may not accurately identify the legal owner of the design.

If the application names only a government department and it is unclear whether the applicant has been correctly identified, a written notice should be issued seeking clarification.

Statutory authorities and other government entities

Some government-related entities are established by legislation as separate legal persons and may own designs in their own right. For example, the Australian Securities and Investments Commission is established under the Australian Securities and Investments Commission Act 2001 (Cth).

Applications may identify these entities by their legal name and, where appropriate, may also refer to the legislation under which they are established. For example:

• Luna Park Reserve Trust, a New South Wales corporation established under subsection 9(2) of the Crown Land Act 1989 (NSW).

Any descriptive information beyond the entity's name should not ordinarily be entered on the Register.