Regulatory Reform Omnibus Act 2026
The Regulatory Reform Omnibus Act 2026 (Act) received Royal Assent on 18 September 2026.
Schedule 1 to the Act amends the Trade Marks Act 1995, the Plant Breeder's Rights Act 1994 (PBR Act) and the Patents Act 1990 to reduce compliance burdens and ensure better IP regulation.
The measures specific to IP are outlined in Schedule 1, Parts 1 to 4 of the Act and are listed below in order of commencement timing.
For more information, see Streamlining and simplifying IP regulation.
1. Amendments taking effect on 18 March 2027
The amendments to the Trade Marks Act will ensure the Trade Marks legislation is consistent with updates to the Madrid Protocol, its regulations and the Nice Classification system.
IP Australia will seek amendments to the Trade Marks Regulations 1995 (Trade Marks Regulations) to align them with the amended provisions of the Trade Marks Act.
2. Amendments taking effect on 18 September 2027
The amendments to the PBR Act will introduce a grace period for paying PBR renewal fees and a clearer mechanism to handle an offer to surrender a PBR.
IP Australia will seek amendments to the Plant Breeder's Rights Regulations 1994 (PBR Regulations) to implement these changes.
3. New regulation-making powers to be exercised after further public consultation on draft regulations
Power to award costs in trade mark proceedings
Amendments to the Trade Marks Act empower amendments to the Trade Marks Regulations to allow the Registrar of Trade Marks to award non-scale costs in contested trade mark proceedings.
Closing the patent and trade mark attorney re-registration loophole
Amendments to the Patents Act and the Trade Marks Act empower amendments to the Patents Regulations 1991 and the Trade Marks Regulations to close the patent and trade mark attorney re‑registration loophole.
Subject to the Government's priorities, IP Australia will release an exposure draft of regulations for public consultation before they take effect.
How we consulted with you
IP Australia sought views on a range of proposals to streamline and simplify Australia's IP system, from 3 March to 2 April 2026. Read more about the proposals, consultation outcomes and any updates.
Trade Marks Amendment (International Registrations, Hearings and Oppositions) Regulations 2025
The Trade Marks Amendment (International Registrations, Hearings and Oppositions) Regulations 2025 (IRHO Regulations) amend the Trade Marks Regulations 1995.
The amendments ensure Australia's ongoing compliance with the international trade mark system (the Madrid System). They also introduce improvements focused on international trade marks, hearings and oppositions.
The IRHO Regulations are divided into 7 schedules:
- Schedules 1 and 5 take effect from 18 December
- Schedules 2–4, 6 and 7 from 19 November.
For more information, see the official notice.
Schedule 1 – Increased period for filing of notice of intention to defend
Increases the period for filing a notice of intention to defend an opposition from one month to 2 months.
Schedule 2 – Relationship between registered trade marks and protected international trade marks
Makes provision for 'partial' replacement of national trade mark registrations (registered trade marks) by protected international trade marks.
Schedule 3 – Rejecting IRDA on basis of sanctions regime
Introduces a new ground for rejecting an IRDA if its protection would result in an asset being made directly or indirectly available to, or for the benefit of, a person or entity to whom assets must not be made available under the Autonomous Sanctions Act 2011, the Charter of the United Nations Act 1945, or their regulations.
Schedule 4 – Registrar's power to revoke acceptance of IRDA
Clarifies that an IRDA will not become a protected international trade mark if the Registrar has issued a notice of intention to revoke its acceptance.
Schedule 5 – Extending period for examining trade mark applications where a hearing is requested
Provides a new ground for deferment of acceptance due to the applicant or holder requesting a hearing.
Schedule 6 – Technical amendments
Makes 2 technical amendments to the Trade Marks Regulations. The word 'and' is substituted with 'or' in subparagraphs 4.14(3)(j)(i) and 17A.22(3)(j)(i).
Schedule 7 – Application provisions
Sets out how the amendments in Schedules 1–6 will apply in certain circumstances.
Consultation on the exposure draft regulations ran from 15 to 29 September 2025. We made changes in response to submissions and will provide a formal response shortly.