Extension of time

If you unintentionally miss a deadline for your design right application, you may be eligible to request an extension of time.

You'll need to meet several deadlines during the application process. If you need an extension, it's best to request it as soon as possible.

Am I eligible for an extension?

Extensions of time are possible in the following circumstances:

  • An error or omission by yourself, your employees, agent or attorney, or us. Forgetting to complete an action isn't considered an error or omission
  • Circumstances beyond your control, such as unavoidable sickness or accident, or delays by post or courier.

How much does it cost?

It depends on the circumstances behind your request. It costs $100 minimum. 

You won't need to pay a fee if the extension is due to an error or omission made by us. 

Extension fees

How to apply for an extension

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    1. Complete a declaration

    Your application must include a declaration that explains why the action wasn't completed by the deadline or why the fee wasn't paid.

    Your declaration must:
    - Give a full and frank disclosure of all the relevant circumstances
    - Describe the chain of events that led to the fee not being paid or the action not being taken within the required timeframe
    - Explain the error or omission made, the circumstances beyond your control, or how, in spite of you taking due care, you missed the deadline
    - Explain any delays that occurred between when you discovered the problem and when you made the application for an extension of time
    - Include copies of any documents that support your explanations.

    You may need declarations from others who have direct knowledge of events to support your case.

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    2. File your request

    We'd suggest that you apply for an extension of time to cover the period since the due date passed, and the time that you think you'll need before completing the action.

    You'll need to:
    - Log in to online services
    - Fill out your request form and upload your declaration. This should only take 15 minutes, and you can save your progress as you go
    - Pay the required fee.

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    3. See the outcome

    We'll check if your application meets the requirements of the Designs Act 2003. We'll let you know the outcome via your online services inbox.

    If it isn't successful, we'll let you know why. If there are ways to overcome the issues, we'll provide you with some options to consider.

Resources

You'll need to download and complete the below declaration form as part of your request.

Opposition to an extension

If you request time extension of more than three months, we'll advertise this in the Australian Official Journal of Designs for one month. This gives other people the opportunity to oppose the validity of the extension within the month of advertisement. 

If someone files an opposition, we'll let you know as soon as possible.

How to defend an extension