(1) The Commissioner may rectify the Register if the Commissioner is satisfied, on the balance of probabilities, whether on application or otherwise, of any of the following:
(a) the omission of an entry from the Register;
(b) an entry made in the Register without sufficient cause;
(c) an entry wrongly existing in the Register;
(d) an error or defect in an entry in the Register.
(2) The Commissioner must, on application, make a declaration as to a person's entitlement to a patent, or a share in a patent, if the Commissioner is satisfied, on the balance of probabilities, that the Register does not properly record a person's entitlement to a patent, or a share in a patent:
(a) because the patent, or a share in the patent, was granted to a person who was not entitled to it; or
(b) because the patent, or a share in the patent, was not granted to a person who was entitled to it; or
(c) for any other reason.
(3) If the Commissioner makes a declaration under subsection (2), the Commissioner must rectify the Register accordingly.
(4) The Commissioner must not make a declaration under subsection (2), or rectify the Register under subsection (3), without first giving the following persons a reasonable opportunity to be heard:
(a) the person whose entitlement is not properly recorded by the Register;
(b) any person whose entitlement to the patent, or a share in the patent, is recorded in the Register.
(5) The Commissioner must not make a declaration or rectify the Register under this section while relevant proceedings in relation to the patent are pending.
(6) An appeal lies to the Federal Court against a decision of the Commissioner:
(a) to make, or refuse to make, a declaration; or
(b) to rectify, or not rectify, the Register;
under this section.