OPC61757 - A  
 
Intellectual Property Legislation Amendment 
(Single Economic Market  and Other Measures ) 
Regulation  2016  
I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor -General  of the 
Commonwealth of Australia, acting with the advice of the Federal Executive Council, 
make the following regulation.  
Dated 10 November 2016  
Peter Cosgrove  
Governor -General  
By His Excellency’s Command  
Greg Hunt  
Minister for Industry, Innovation and Science  
 
 
 
 
   
   
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OPC61757 - A Contents  
1 Name  ................................ ................................ ................................ ...........................  1 
2 Commencement  ................................ ................................ ................................ ..........  1 
3 Authority  ................................ ................................ ................................ .....................  1 
4 Schedules  ................................ ................................ ................................ ....................  1 
Schedule  1—Single economic market amendments relating to patents  2 
Patents Regulations  1991  2 
Schedule  2—Single economic market amendments relating to trade marks  29 
Trade Marks Regulations  1995  29 
Schedule  3—Other amendments relating to the single economic market  40 
Designs Regulations  2004  40 
Plant Breeder’s Rights Regulations  1994  40 
Schedule  4—Amendments relating to international obligations  41 
Patents Regulations  1991  41 
Trade Marks Regulations  1995  41 
Schedule  5—International registrations  43 
Trade Marks Regulations  1995  43 
Schedule  6—Amendments relating to Norfolk Island  44 
Part 1—Amendments commencing day after registration  44 
Trade Marks Regulations  1995  44 
Part 2—Amendments commencing 1  July 2017  46 
Plant Breeder’s Rights Regulations  1994  46 
 
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 Intellectual Property Legislation Amendment (Singl e Economic Market and Other 
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OPC61757 - A 1  Name  
  This is the Intellectual Property Legislation Amendment (Single Economic 
Market and Other Measures) Regulation 2016 . 
2  Commencement  
 (1) Each provision of  this instrument specified in column 1 of the table commences, 
or is taken to have commenced, in accordance with column 2 of the table. Any 
other statement in column 2 has effect according to its terms.  
 
Commencement information  
Column 1  Column 2  Column 3  
Provisions  Commencement  Date/Details  
1.  Section s 1 to 
4 and anything 
in this 
instrument not 
elsewhere 
covered by this 
table  The day after this instrument is registered.  15 November 
2016  
2.  Schedules  1 
to 3 At the same time as Schedule  4 to the Intellectual Property 
Laws Amendment Act 2015  commences.  24 February 
2017  
3.  Schedules  4 
and 5  The day after this instrument is registered.  15 November 
2016  
4.  Schedule  6, 
Part 1 The day after this instrument is registered.  15 November 
2016  
5.  Schedule  6, 
Part 2 1 July 2017.  1 July 2017  
Note:  This table relates only to the provisions of this instrument as originally made. It will 
not be amended to deal with any later amendments of this instrument . 
 (2) Any information in column 3 of the table is not part of this instrument. 
Information may be inserted in this column, or information in it may be edited, in 
any published version of this instrument.  
3  Authority  
  This instrument  is made under the following:  
 (a) the Designs Act 2003 ; 
 (b) the Intellectual Property Laws Amendment Act 2015 ; 
 (c) the Patents Act 1990 ; 
 (d) the Plant Breeder’s Rights Act 1994 ; 
 (e) the Trade Marks Act 1995 . 
4  Schedules  
  Each instrument that is specified in a Schedule to this instrument  is amended or 
repealed as s et out in the applicable items in the Schedule concerned, and any 
other item in a Schedule to this instrument  has effect according to its terms.  
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OPC61757 - A Schedule  1—Single economic market a mendments  
relating to patents  
   
Patents Regulations  1991  
1  Subregulation  1.3(1) (definition of Disciplinary Tribunal ) 
Repeal the definition, substitute:  
Disciplinary Tribunal  means the Trans -Tasman IP Attorneys Disciplinary 
Tribunal established by regulation  20.61.  
2  Subregulation  1.3(1) (definition of former attorneys Regulat ions) 
Repeal the definition, substitute:  
former attorneys Regulations  means the Patent Attorneys Regulations as in 
force under the 1952 Act immediately before 30 April 1991 . 
3  Subregulation  1.3(1)  
Insert:  
New Zealand  has the meaning given by section  29 of  the Inter pretation Act 1999 
of New Zealand, as in force at the commencement of this defin ition. 
ordinarily resident : a person is taken to be ordinarily resident in a country if:  
 (a) the person has his or her home in that country; or  
 (b) that country is the country of his or her permanent abode even though he or 
she is temporarily absent from that country.  
However, the person is taken not to be so resident if he or she resides in that 
country for a special or temporary purpose only.  
Panel Chair , in relati on to a Panel of the Disciplinary Tribunal,  means:  
 (a) the President; or  
 (b) if the President is unable to perform his or her functions in proceedings  of 
the Panel because of a conflict of interest —the person appointed under 
subregulation  20.64(2) to be the Panel Chair  for the proceedings . 
Panel of the Disciplinary Tribunal  means a Panel constituted under 
regulation  20.36 or 20A.11 . 
President  means the President of the Disciplinary Tribunal.  
Tribunal member  means a member of the Disciplinary Tribunal and includes the 
President.  
4  Subparagraph 3.2C(2)(a)(i)  
After “Australia”, insert “or New Zealand”.  
5  Subparagraph 3.2C(2)(a)(ii)  
Omit “another”, substitute “an”.  
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OPC61757 - A 6  Subparagraph 3.2C(2)(a)(ii)  
Omit “; and”, substitute “; or”.  
7  At the end of paragraph  3.2C(2)(a)  
Add:  
 (iii) an address for service in New Zealand to which it is practicable and 
reasonable for a person providing mail  delivery services to deliver 
mail; and  
8  After regulation  20.1A  
Insert:  
20.1B   Performance of functions and exercise of powe rs 
 (1) A function that is conferred on a person or body under this Chapter may be 
exercised in Australia or New Zealand.  
 (2) A power that is conferred on a person or body under this Chapter may be 
exercised in Australia or New Zealand.  
 (3) For the purpo ses of this Chapter  and subject to regulation  20.1C , it is immaterial  
whether an act or omission mentioned in this Chapter took place in New 
Zealand.  
 (4) For the purposes of this Chapter  and subject to regulation  20.1C , it is immaterial 
whether a matter m entioned in this Chapter concerns something that took place 
in New Zealand.  
20.1C   Conduct in New Zealand does not constitute an offence under this 
Chapter  
  A person is not liable to be prosecuted for an offence against these Regulations  if 
the act or omi ssion constituting the offence occurred in New Zealand . 
9  Subregulation  20.1(1)  
Omit “(1) In”, substitute “In”.  
10  Subregulation  20.1(1) (definition of Board ) 
Repeal the definition.  
11  Subregulation  20.1(1)  
Insert:  
Board Chair  means the Chair of the Board  mentioned in paragraph  227A(2A)(a) 
of the Act . 
12  Subregulation  20.1(1) (definition of Chairperson ) 
Repeal the definition . 
13  Subregulation  20.1(1)  
Insert:  
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OPC61757 - A NZQF  means the New Zealand Qualifications Framework established under 
section  248 of the Edu cation Act 1989 of New Zealand , as in force at the 
commencement of this definition.  
14  Subregulation  20.1(2)  
Repeal the subregulation.  
15  Paragraph 20.3(1)(a)  
Repeal the paragraph.  
16  Paragraph  20.6(1)(a)  
Omit “an AQF  qualification from the higher education sector ”, substitute “a level 5 or 
higher AQF, or NZQF, qualification” . 
17  Paragraph 20.6(1)(b)  
Omit “an AQF qualification from the higher education sector”, substitute “a level 5 or 
higher AQF, or NZQF, qualificati on”. 
18  Subregulations  20.6(2) and (3)  
After “AQF”, insert “or NZQF”.  
19  Paragraph 20.10(1)(a)  
After “ employed ”, insert “in Australia or New Zealand, or in both countries,”.  
20  Subparagraph  20.10(1)(a)(ii)  
Omit  “in Australia”, substitute  “in relation to  Australia and  New Zealand”.  
21  Subparagraph  20.10(1)(a)(iii)  
Omit “in other”, substitute “in relation to other”.  
22  Subparagraph  20.10(1)(a)(iii)  
After “Australia”, insert “and New Zealand”.  
23  Subregulation  20.10(1) (example)  
Repeal the example, subst itute:  
Note:  Examples of major trading partners for subparagraph  (1)(a)(iii) are as follows : 
(a) European Union ; 
(b) Japan;  
(c) People’s Republic of China;  
(d) Republic of Korea;  
(e) United S tates of America.  
24  After  subregulation  20.10 (2) (before  the note)  
Insert : 
 (3) For subregulation  (1), a person is employed in Australia  only if the person is, in 
accordance with the terms of his or her employment, required to undertake  (and 
does undertake ) the duties of his or her employment in Australia.  
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OPC61757 - A  (4) For subregulation  (1), a person is employed in New Zealand  only if the person 
is, in accordance with the terms of his or her employment, required to undertake 
(and does undertake) the duties of his or her employment in New Zealand.  
25  Subregulation  20.12 (1) 
Repeal the subregulation, substitute:  
 (1) An offence against any of the following Acts is a prescribed offence for 
paragraph  198(4)(e) of the Act:  
 (a) the Act; 
 (b) the Designs Act 2003 ; 
 (c) the Plant Breeder’s Rights Act 1994 ; 
 (d) the Trade Marks Act 1995 ; 
 (e) the Designs Act 1953 of New Zealand;  
 (f) the Patents Act 1953 of New Zealand;  
 (g) the Patents Act 2013 of New Zealand;  
 (h) the Plant Variety Rights Act 1987 of New Zealand;  
 (i) the Trade Marks Act 2002 of New Zealand.  
26  Paragraph 20.28B(4)(c)  
Omit “the Disciplinary”, substitute “a Panel of the Disciplinary”.  
27  Paragraph 20.28B( 5)(c) 
Omit “Disciplinary Tribunal”, substitute “President”.  
28  Subregulations  20.35(1) and (3)  
Omit “Disciplinary Tribunal”, substitute “Presi dent”.  
29  Regulation  20.36  
Repeal the regulation, substitute:  
20.36  Panel of the Disciplinary Tribunal to be constituted  
 (1) Except as otherwise provided by this Part, t he Disciplinary Tribunal’s functions 
and powers in relation to disciplinary proceedi ngs under this Part are to be 
performed and exercised  by a Panel of the Disciplinary Tribunal.  
 (2) A Panel of the Disciplinary Tribunal is to be constituted by:  
 (a) a Panel Chair ; and  
 (b) 2 other members determined by the Panel Chair  under subregulation  (3). 
 (3) The Panel Chair  is to determine, in writing, the other members of the 
Disciplinary Tribunal who are to constitute the Panel that is to conduct the 
disciplinary proceedings . 
 (4) Subject to subregulation  20.36E(5) , if disciplinary proceedings are commenced 
against a registered  patent attorney who is ordinarily resid ent in Australia or New 
Zealand, one of the members of the Panel that is conducting the proceedings  
must also be ordinarily reside nt in the same country as  the registered patent 
attorney.  
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OPC61757 - A Note:  Regulation  20.64 sets out requirements relating to the disclosure of conflicts of interest.  
20.36A  Meetings of Panel of Disciplinary Tribunal  
 (1) The Panel Chair of a Panel of the Disciplinary Tribunal must:  
 (a) convene such meetings of the Panel as the Panel Chair considers necessary 
for the purpose of conducting disciplinary proceedings being heard by the 
Panel; and  
 (b) preside at all meetings of the Panel.  
 (2) Subject to paragraph  20.36D(2)(a) and subregulation  20.36E(5) , all members of a 
Panel of the Disciplinary Tribunal must be present at a meeting of the Panel.  
 (3) A question arising at a meeting of a Panel of the Disciplinary Tribunal must be 
determined by a majority of the votes of the members of the Panel present and 
voting.  
 (4) However, i f, in accordance with paragraph  20.36 D(2)(a)  or 
subregulation  20.36 E(5), a hearing of proceedings is continued with 2 members  
of a Panel of the Disciplinary Tribunal , questions arising at the hearing must be 
determi ned by a unanimous vote of the 2 members.  
20.36B  Procedure of Panel of Disciplinary Tribunal  
 (1) Subject to this Part, the procedures for convening meetings of a Panel of the 
Disciplinary Tribunal  and for the conduct of business by a Panel of the 
Discipl inary Tribunal  are as the Panel Chair  determines.  
 (2) Proceedings before the Panel are to be conducted quickly and informally, while 
allowing for proper consideration of the matter before th e Panel.  
 (3) The Panel is not bound by the rules of evidence but  may be informed on any 
matter in the manner it chooses.  
 (4) The Panel may take evidence on oath or on affirmation and, for that purpose, the 
Panel Chair may administer an oath or affirmation.  
20.36C   Panel Chair unavailable to complete hearing  
 (1) This regulation applies if:  
 (a) a hearing of proceedings in relation to a particular matter has been 
commenced or completed by a Panel of the Disciplinary Tribunal; and  
 (b) before the matter has been determined, the Panel Chair has:  
 (i) ceased to be a member ; or 
 (ii) for any reason, ceased to be available as a member of the Panel.  
 (2) The matter is to be reheard by a new Panel constituted in accordance with 
regulation  20.36.  
 (3) The new Panel may, for the purposes of performing or exercising the 
Disciplina ry Tribunal’s functions or powers in relation to that matter, have 
regard to any record of the proceedings before the Panel as previously 
constituted for the purposes of hearing that matter.  
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OPC61757 - A 20.36D  Member other than the Panel Chair unavailable to complete  hearing  
 (1) This regulation applies if:  
 (a) a hearing of proceedings in relation to a particular matter has been 
commenced or completed by a Panel of the Disciplinary Tribunal; and  
 (b) before the matter has been  determined, one of the members (other than the 
Panel Chair) constituting the Panel  has: 
 (i) ceased to be a member; or  
 (ii) for any reason, ceased to be available as a member of the Panel.  
 (2) Subject to regulation  20.36 E, the Panel Chair may determine that:  
 (a) the hearing and determination, or the determination, of the matter is to be 
completed by the Panel constituted by the remaining members of the Panel; 
or 
 (b) the matter is to be reheard by a new Panel constituted in accordance with 
regulation  20.36.  
 (3) If a matter is re heard under paragraph  (2)(b), the new Panel may, for the 
purposes of performing or exercising the Disciplinary Tribunal’s functions or 
powers in relation to that matter, have regard to any record of the proceedings 
before the Panel as previously constitute d for the purposes of hearing that matter.  
20.36 E  No member ordinarily resident in same country as registered patent 
attorney subject to proceedings  
 (1) This regulation applies if:  
 (a) a hearing of proceedings in relation to a particular matter has been  
commenced or completed by a Panel of the Disciplinary Tribunal; and  
 (b) before the matter has been determined, one of the members (other than the 
Pane l Chair) constituting the Panel has:  
 (i) ceased to be a member; or  
 (ii) for any reason, ceased to be a vailable as a member of the Panel; and  
 (c) the registered  patent attorney who is subject to the proceedings is ordinarily 
resident in Australia or New Zealand; and  
 (d) neither of the  remaining  member s of the Panel is ordinarily resident in the 
same count ry as the registered  patent attorney who is subject to the 
proceedings.  
 (2) The Panel Chair must, as soon as practicable, give the registered patent attorney 
notice in writing that:  
 (a) one of the members constituting the Panel has ceased to be, or to be  
available as, a member of the Panel; and  
 (b) neither of the remaining members is ordinarily resident in the same country 
as the registered patent attorney; and  
 (c) the registered patent attorney may, within the period specified in the notice:  
 (i) elect  to have the matter completed by the Panel constituted by the 
remaining members of the Panel; or  
 (ii) elect to have the matter reheard by a new Panel constituted in 
accordance with regulation  20.36.  
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OPC61757 - A  (3) An election under paragraph  (2)(c) must be in writi ng and given to the Panel 
Chair  within the period specified in the notice . 
 (4) The period specified in the notice must be not less than 21 days after the day on 
which the notice is given.  
 (5) Despite subregulation  20.36(4), if the registered patent attor ney elects to have the 
matter completed by the Panel constituted by the remaining members of the 
Panel, the Panel constituted by the remaining members may hear and determine, 
or determine, the matter.  
 (6) If the Panel Chair does not receive an election wi thin the period specified in the 
notice or such longer period as the Panel Chair allows , the Panel Chair must 
arrange for the matter to be reheard by a new Panel constituted in accordance 
with regulation  20.36.  
 (7) If the matter is reheard in accordance w ith subparagraph  (2)(c)(ii) or 
subregulation  (6), the new Panel may, for the purposes of performing or 
exercising the Disciplinary Tribunal’s functions or powers in relation to that 
matter, have regard to any record of the proceedings before the Panel as 
previously constituted for the purposes of hearing that matter.  
30  Subregulations  20.37(1) and (2)  
Repeal the subregulations, substitute:  
 (1) As soon as practicable after receiving a notice  under regulation  20.35, the Panel 
Chair of a Panel of the Disciplinary Tribunal must:  
 (a) fix a day, time and place to hear the charges set out in the notice ; and  
 (b) notify the registered  patent attorney and the Board of that day, time and 
place.  
31  Subregulation  20.38( 1) 
After “before ”, insert  “a Panel of” . 
32  Subregulation  20.38(2)  
Omit “If the Disciplinary Tribunal”, substitute “If the Panel  Chair of a Panel of the 
Disciplinary Tribunal ”. 
33  Subregulation  20.38( 2) 
Omit “Tribunal  may”, substitute “ Panel Chair may ”. 
34  Subparagraph s 20.38(2)(b)(i)  and (ii)  
Omit “Tribunal”, substitute “ Panel ”. 
35  Regulation  20.39 (heading)  
Repeal the heading, substitute:  
20.39   Representation before Panel of Disciplinary Tribunal  
36  Subregulation  20.39(1) 
Omit “ the hearing of proceedings before the Disciplinary Tribunal”, substitute “ a 
hearing of proceedings before a  Panel of the Disciplinary Tribunal ”. 
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OPC61757 - A 37  Subregulation  20.39(2)  
Omit “Disciplinary Tribunal”, substitute “Panel Chair”.  
38  Subregulation  20.39(3)  
Omit “Disciplinary Tribunal”, substitute “Panel”.  
39  Subregulation  20.39(3) 
Omit “that Tribunal”, substitute “the Panel Chair ”. 
40  Subregulation  20.40(1)  
Omit “the Disciplinary Tribunal, the Tribunal may, by instrument in writing signed by 
the person constituting the Tribunal”, substitute “a Panel of the Disciplinary  Tribunal , 
the Panel Chair may, by written instrument signed by the Panel Chair”.  
41  Paragraphs 20.40(1)(a) and (b)  
Omit “Tribunal”, substitute “Panel”.  
42  Regulation  20.41 (heading)  
Repe al the heading, substitute:  
20.41   Offences by persons appearing before a Panel of Disciplinary Tribunal  
43  Subregulation  20.41(1)  
After  “before ”, insert  “a Panel of”.  
44  Paragraph 20.41(1)(c)  
Omit “Tribunal”, substitute “Panel”.  
45  Subparagraph 20.41(2 )(a)(ii)  
Omit “Disciplinary Tribunal”, substitute “Panel Chair”.  
46  Paragraph 20.41(2)(b)  
Omit “Tribunal”, substitute “Panel Chair”.  
47  Subparagraph 20.41(3)(a)(ii)  
After “before”, insert “a Panel of”.  
48  Subparagraph 20.41(3)(a)(iii)  
After “allowances”, insert “in accordance with Part  2 of Schedule  8”. 
49  Paragraph 20.41(3)(b)  
Repeal the paragraph.  
50  Paragraph 20.41(4)(b)  
Omit “ paragraph  (3)(b)’, substitute “ subparagraph  (3)(a)(iii)”.  
51  Paragraph 20.41(5)(b)  
After  “before ”, insert  “a Panel of”.  
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OPC61757 - A 52  Regulation  20.42 (heading)  
Repeal the heading, substitute:  
20.42   Protection of certain persons  
53  Subregulation  20.42(1)  
Repeal the subregulation, substitute:  
 (1) A person who is a member of a Panel of the Disciplinary Tribunal conduc ting a 
hearing of disciplinary proceedings under this Part has, in the performance of his 
or her duties as a member of the Panel , the same protection and immunity as a 
Justice of the High Court.  
54  Subregulations  20.42(3) and (4)  
After  “before ”, insert  “a Panel of”.  
55  Regulation  20.43 (heading)  
Repeal the heading, substitute:  
20.43   Decision of Panel of Disciplinary Tribunal  
56  Subregulations  20.43(1) and (2)  
After  “If”, insert “a Panel of ”. 
57  Subregulation  20.43(3)  
After “If”, insert “a Panel of”.  
58  Subregulation  20.43(3)  
Omit “that Tribunal”, substitute “ it”. 
59  Subregulation  20.43( 4) 
After “If”, insert “a Panel of”.  
60  Subregulation  20.43( 4) 
Omit “that Tribunal”, substitute “ it”. 
61  Subregulation  20.44(1)  
After  “if”, insert  “a Panel of”.  
62  Subregulation  20.44(2)  
Omit “Disciplinary Tribunal”, substitute “Panel”.  
63  Subregulation  20.44( 3) 
Omit “Disciplinary Tribunal”, substitute “Panel”.  
64  Paragraph 20.44(3)(a)  
Omit “Tribunal”, substitute “Panel”.  
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OPC61757 - A 65  Subregulation  20.44(4)  
Omit “Discipli nary Tribunal”, substitute “Panel”.  
66  Subregulation  20.45(1)  
After  “if”, insert  “a Panel of”.  
67  Subregulation  20.45(2)  
Omit “Disciplinary Tribunal”, substitute “Panel”.  
68  Subregulation  20.45(3)  
Omit “Disciplinary Tribunal”, substitute “Panel”.  
69  Paragraph 20.45(3)(a)  
Omit “Tribunal”, substitute “Panel”.  
70  Regulation  20.46  
Omit “the Disciplinary Tribunal”, substitute “a Panel of the Disciplinary Tribunal”.  
71  Regulation  20.46  
Omit “that Tribunal”, substitute “the Panel”.  
72  Regulation  20.47  
After “If”, insert  “a Panel of”.  
73  Regulation  20.47  
Omit “that Tribunal”, substitute “the Panel”.  
74  Regulation  20.48  
Repeal the regulation, substitute:  
20.48   Matters that may be considered in determining penalties  
 (1) In deciding what action to take in relation to  a registered patent attorney under 
regulation  20.44 or 20.45, a Panel of the Disciplinary Tribunal may take into 
account any findings about the conduct of the attorney in any other disciplinary 
proceedings:  
 (a) under these Regulations; or  
 (b) under the former attorneys Regulations.  
 (2) For subregulation  (1), it is immaterial when the findings were made.  
75  Regulation  20.49 (heading)  
Repeal the heading, substitute:  
20.49   Findings of Panel of Disciplinary Tribunal  
76  Subregulation  20.49(1)  
After “If”, insert  “a Panel of”.  
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OPC61757 - A 77  Subregulation  20.49(1)  
Omit “the Tribunal” (wherever occurring), substitute “the Panel”.  
78  Subregulation  20.49(4)  
Omit “Disciplinary Tribunal”, substitute “Panel”.  
79  Subregulation  20.49(4)  
Omit “that Tribun al”, substitute “the Panel”.  
80  Regulation  20.50 (heading)  
Repeal the heading, substitute:  
20.50   Notification and publication of decisions of Panel of Disciplinary Tribunal  
81  Regulation  20.50  
Omit “The Disciplinary Tribunal must, within 14 days after m aking a decision under 
regulation  20.44, 20.45, 20.46 or 20.47”, substitute “Within 14 days after a Panel of 
the Disciplinary Tribunal makes a decision under regulation  20.44, 20.45, 20.46 or 
20.47, the Panel must”.  
82  Subparagraph 20.50( a)(i) 
Omit “Tribunal”, substitute “Panel”.  
83  Paragraph 20.50(c)  
Omit “Tribunal”, substitute “Panel”.  
84  Subregulation  20.51(1)  
Omit “ under paragraph  20.44(1)(a), the Disciplinary Tribunal ”, substitute “ by a Panel 
of the Disciplinary Tribunal under paragraph  20.44( 1)(a), the Panel Chair ”. 
85  Subregulation  20.51(2)  
Omit “under paragraph  20.44(1)(b) or 20.45(1)(a), the Disciplinary Tribunal”, 
substitute “by a Panel of the Disciplinary Tribunal under paragraph  20.44(1)(b) or 
20.45(1)(a), the Panel Chair”.  
86  Subregul ation  20.51(3)  
After  “The”, insert  “Panel Chair  of a Panel of the ”. 
87  Paragraph 20.52(3)(b)  
After  “that the ”, insert “Panel Chair of a relevant Panel of the ”. 
88  Division  1 of Part  10 of Chapter  20 (heading)  
Repeal the heading, substitute:  
Division  1—Trans -Tasman IP Attorneys Board  
89  Regulations  20.54 and 20.55  
Repeal the regulations . 
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OPC61757 - A 90  Subregulation  20.56(1)  
After “Board”, insert “mentioned in paragraph  227A(2A)(a), (d) or (e) of the Act”.  
91  Subregulation  20.56(2)  
Omit “ remove the Chairperson of  the Board if the Chairperson”, substitute “ terminate 
the appointment of the Board Chair if the Board Chair”.  
92  Paragraph 20.56(2)(a)  
Omit “under regulation  20.60” . 
93  Paragraph 20.56(2)(b)  
After “Australia”, insert “or New Zealand”.  
94  Paragraphs 20.56(2)(c) and (e)  
Omit “Chairperson of the Board”, substitute “ Board  Chair”.  
95  Subregulation  20.56(3)  
Omit  “remove a member of the Board”, substitute  “terminate the appointment of a 
member of the Board mentioned in paragraph  227A(2A)(d) or  (e) of the Act”.  
96  Paragraph 20.56(3)(a)  
Omit “Chairperson”, substitute “ Board  Chair”.  
97  Paragraph 20.56(3)(b)  
After “Australia”, insert “or New Zealand”.  
98  Subregulation  20.57(2)  
Omit “Chairperson”, substitute “ Board Chair”.  
99  Subregulations  20.58(1), (2) an d (3) 
Omit “Chairperson”, substitute “ Board Chair”.  
100  Regulation  20.59  
Omit “At”, substitute “(1) At”.  
101  At the end of regulation  20.59  
Add:  
 (2) One of the members of the majority must be ordinarily reside nt in Australia and 
one of the members of the majority must be ordinarily reside nt in New Zealand.  
102  Regulation  20.60  
Repeal the regulation.  
103  Division  2 of Part  10 of Chapter  20 (heading)  
Repeal the heading, substitute:  
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OPC61757 - A Division  2—Trans -Tasman IP Attorneys Disciplinary Tribunal  
104  Regulation  20.61  
Repeal the regulation, substitute:  
20.61   Establishment of the Trans -Tasman IP Attorneys Disciplinary Tribunal  
  The Trans -Tasman IP Attorneys Disciplinary Tribunal is established.  
105  After regulation  20.61  
Insert:  
20.61A   Functions of Disciplinary Tribunal  
  The functions of the Disciplinary Tribunal are to hear and determine disciplinary 
proceeding s commenced by the Board:  
 (a) against a registered patent attorney in accordance with Part  8 of this 
Chapter or Part  5 of Chapter  20A; and  
 (b) against a registered trade marks attorney (within the meaning of the Trade 
Marks Act 1995 ) in accordance with Division  6 of Part  20 of the Trade 
Marks Regulations  1995  or Division  5 of Part  20A of those Regulations.  
106  Regulation  20.62 (heading)  
Repeal the heading, substitute:  
20.62   Membership of the Disciplinary Tribunal etc.  
107  Subregulation  20.62(1)  
Repeal the subregulation, substitute:  
 (1) The Disciplinary Tribunal consists of  the following members : 
 (a) a President;  
 (b) at least 2 other members . 
 (1A)  Each  Tribunal member is to be appointed by the Minister in writing  on a 
part-time basis.  
108  Subregulations  20.62(3) and (4)  
Omit “person so appointed”, substitute “ Tribunal member”.  
109  Subregulation  20.62(5)  
Omit “remove a person so appointed from office”, substitute “terminate the 
appointment of a Tribunal member”.  
110  Subregulation  20.62(6)  
Omit “person so appointed”, substitute “ Tribunal member”.  
111  Paragraph 20.62(6)(b)  
After “Australia”, inser t “or New Zealand”.  
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OPC61757 - A 112  Subregulation  20.62(6)  
Omit “remove the person from office”, substitute “terminate the Tribunal member’s 
appointment”.  
113  Regulation s 20.63 , 20.64 and 20.65  
Repeal the regulation s, substitute:  
20.63  Eligibility for appointment as Tribunal member  
President  
 (1) A person is not eligible to be appointed as President unless the person is enrolled 
as a legal practitioner (however described) in Australia or New Zealand and has 
been so enrolled for at leas t 7 years.  
Other Tribunal members  
 (2) A person is not eligible to be appointed as a Tribunal member (other than the 
President) unless the person:  
 (a) is a registered patent attorney in Australia or New Zeal and and has been so 
registered for at least 5 ye ars; or  
 (b) is a person who was, but is no longer, registered as a patent attorney in 
Australia or New Zealand and had been so registered for at least 5 years; or  
 (c) is a registered trade marks attorney (within the meaning of the Trade 
Marks Act 1995 ) and has been so registered for at least 5 years; or  
 (d) is a person who was, but is no longer, a registered trade marks attorney 
(within the meaning of that Act) and had been so registered for at least 5 
years; or  
 (e) satisfies both of the following : 
 (i) the person is enrolled as a legal practitioner (however described) in 
Australia or New Zealand and has been so enrolled for at least 5 
years;  
 (ii) the person is a registered patent attorney or a trade marks attorney in 
Australia or New Zealand.  
 (3) A pe rson is not eligible for appointment as a Tribunal member unless the person 
is an individual.  
20.63 A  Acting President  
 (1) The Minister may, in writing, appoint a person to act as the President:  
 (a) during a vacancy in the office of President (whether or  not an appointment 
has been previously made to the office); or  
 (b) during any period, or during all periods, when the President:  
 (i) is absent from duty or from Australia and New Zealand; or  
 (ii) is, for any reason, unable to perform the duties of the office.  
 (2) A copy of the instrument of appointment must be published in the Official 
Journal . 
 (3) The Minister:  
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OPC61757 - A  (a) may terminate the appointment at any time; and  
 (b) must terminate the appointment if the person appointed fails, without 
reasonable exc use, to disclose a conflict of interest in accordance with 
regulation  20.64.  
 (4) A person is not eligible for appointment to act as President unless the person is 
eligible for appointment as President under subregulation  20.63(1). 
20.63 B  Acting Tribunal members  
 (1) The Minister may, in writing, appoint a person to act as a Tribunal member 
(other than the President ): 
 (a) during a vacancy in the office, whether or not an appointment has been 
previously made to the office; or  
 (b) during any period, or during all periods, when the holder of the office : 
 (i) is absent from duty or from Australia and New Zealand; or  
 (ii) is, for any reason, unable to perform the duties of the office.  
 (2) A copy of the instrument of appointment must be published in the Official 
Journal . 
 (3) The Minister:  
 (a) may terminate the appointment at any time; and  
 (b) must terminate the appointment if the person appointed fails, without 
reasonable excuse, to disclose a conflict of interest in accordance with 
regulation  20.64.  
 (4) A person is not eligible for appointment to act as a Tribunal member (other than 
the President ) unless the person is eligible for appointment as a Tribunal member 
under subregulation  20.63(2). 
20.64   Disclosure of interests  
President  
 (1) If the Presid ent has or acquires an interest that could conflict with the proper 
performance of his or her functions as Panel Chair  in relation to proceedings that 
he or she is hearing or is to hear, the President : 
 (a) must tell the parties to the proceedings about th e interest; and  
 (b) must not perform those functions without the consent of the parties.  
 (2) If the President is unable to perform his or her functions because of a conflict of 
interest, the Minister may , in writing , appoint another person to be the Pane l 
Chair for the purpose of conducting or completing those proceedings.  
 (3) A person is not eligible for appointment under subregulation  (2) unless the 
person is eligible for appointment as President under subregulation  20.63(1). 
 (4) A person so appointed  may exercise all the powers and must perform all of the 
functions of the Panel Chair in relation to those proceedings.  
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OPC61757 - A Other Tribunal members  
 (5) If a Tribunal Member (other than the President ) has or acquires an interest that 
could conflict with the pro per performance of his or her functions as a member 
of a Panel of the Disciplinary Tribunal in relation to proceedings that he or she is 
hearing or is to hear, the member:  
 (a) must tell the parties to the proceedings about the interest; and  
 (b) must not perform those functions without the consent of the parties.  
 (6) If the Tribunal member is unable to perform his or her functions because of a 
conflict of interest, the Panel Chair  may in writing appoint another Tribunal 
member  for the purpose of conductin g or completing those proceedings.  
114  After regulation  20A.1  
Insert:  
20A.1A   Performance of functions and exercise of powers  
 (1) A function that is conferred on a person or body under this Chapter may be 
exercised in Australia or New Zealand.  
 (2) A pow er that is conferred on a person or body under this Chapter may be 
exercised in Australia or New Zealand.  
 (3) For the purposes of this Chapter  and subject to regulation  20A.1B , it is 
immaterial whether an act or omission mentioned in this Chapter took pla ce in 
New Zealand.  
 (4) For the purposes of this Chapter and subject to regulation  20A.1B, it is 
immaterial whether a matter mentioned in this Chapter concerns something that 
took place in New Zealand.  
20A.1B   Conduct in New Zealand does not constitute an offence under this 
Chapter  
  A person is not liable to be prosecuted for an offence against these Regulations  if 
the act or omission constituting the offence occurred in New Zealand . 
115  Subparagraph 20A.3(b)(ii)  
After “ Corporations Act 2001 ”, insert “or the Companies Act 1993 of New Zealand”.  
116  Paragraph 20A.10(1)(a)  
Omit “is found guilty”, substitute “has, at any time, been found guilty”.  
117  Paragraph 20A.10(1)(c)  
Repeal the parag raph, substitute:  
 (c) the patent attorney’s registration was cancelled or suspended under 
subregulation  20.44(1)  because he or she was found guilty of professional 
misconduct . 
118  Subregulation  20A.10(2)  
Omit “an incorporated”, substitute “the incorporat ed”. 
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OPC61757 - A 119  At the end of subregulation  20A.10(4)  
Add:  
 ; and (c)  be addressed and sent  to the President.  
120  Regulation  20A.11  
Repeal the regulation, substitute:  
20A.11   Panel of the Disciplinary Tribunal to be constituted  
 (1) Except as otherwise provided  by this Part, t he Disciplinary Tribunal’s functions 
and powers in relation to disciplinary proceedings under this Part are to be 
performed and exercised  by a Panel of the Disciplinary Tribunal.  
 (2) A Panel of the Disciplinary Tribunal is to be constitute d by:  
 (a) a Panel Chair ; and  
 (b) 2 other members determined by the Panel Chair  under subregulation  (3). 
 (3) The Panel Chair  is to determine, in writing, the other members of the 
Disciplinary Tribunal who are to constitute the Panel that is to conduct the 
disciplinary proceedings . 
 (4) Subject to subregulation  20A.11 E(5), i f disciplinary proceedings are commenced 
against an incorporated patent attorney that is incorporated in Australia or New 
Zealand, one of the members of the Panel that is conducting t he proceedings 
must also be ordinarily resident in the same country as the country in which the 
incorporated patent attorney is registered . 
Note:  Regulation  20.64 sets out requirements relating to the disclosure of conflicts of interest.  
20A.11A   Meetings of Panel of Disciplinary Tribunal  
 (1) The Panel Chair of a Panel of the Disciplinary Tribunal must:  
 (a) convene such meetings of the Panel as the Panel Chair considers necessary 
for the purpose of conducting disciplinary proceedings being heard by the 
Panel; and  
 (b) preside at all meetings of the Panel.  
 (2) Subject to paragraph  20A.11D(2) (a) and subregulation  20A.11E(5) , all members 
of a Panel of the Disciplinary Tribunal must be present at a meeting of the Panel.  
 (3) A question arising at a meeting of  a Panel of the Disciplinary Tribunal must be 
determined by a majority of the votes of the members of the Panel present and 
voting.  
 (4) However, i f, in accordance with paragraph  20A.11D(2)(a) or 
subregulation  20A.11E(5) , a hearing of proceedings is contin ued with 2 members 
of the Panel, questions arising at the hearing must be determined by a unanimous 
vote of the 2 members.  
20A.11B   Procedure of Panel of Disciplinary Tribunal  
 (1) Subject to this Part, the procedures for convening meetings of a Panel of the 
Disciplinary Tribunal and for the conduct of business by a Panel of the 
Disciplinary Tribunal are as the Panel Chair determines.  
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OPC61757 - A  (2) Proceedings before the Panel are to be conducted quickly and informally, while 
allowing for proper consideration of th e matter before that Panel.  
 (3) The Panel is not bound by the rules of evidence but may be informed on any 
matter in the manner it chooses.  
 (4) The Panel may take evidence on oath or on affirmation and, for that purpose, the 
Panel Chair may administer an  oath or affirmation.  
20A.11C   Panel Chair unavailable to complete hearing  
 (1) This regulation applies if:  
 (a) a hearing of proceedings in relation to a particular matter has been 
commenced or completed by a Panel of the Disciplinary Tribunal; and  
 (b) before the matter has been determined, the Panel Chair has:  
 (i) ceased to be a member; or  
 (ii) for any reason, ceased to be available as a member of the Panel.  
 (2) The matter is to be reheard by a new Panel constituted in accordance with 
regulation  20A.11. 
 (3) The new Panel may, for the purposes of performing or exercising the 
Disciplinary Tribunal’s functions or powers in relation to that matter, have 
regard to any record of the proceedings before the Panel as previously 
constituted for the purposes of hearing that matter.  
20A.11 D  Member other than the Panel Chair unavailable to complete hearing  
 (1) This regulation applies if:  
 (a) a hearing of proceedings in relation to a particular matter has been 
commenced or completed by a Panel of the Disciplinary  Tribunal; and  
 (b) before the matter has been determined, one of the members (other than the 
Panel Chair) constituting the Panel has:  
 (i) ceased to be a member; or  
 (ii) for any reason, ceased to be available as a member of the Panel.  
 (2) Subject to reg ulation  20A.11 E, the Panel Chair may determine that:  
 (a) the hearing and determination, or the determination, of the matter is to be 
completed by the Panel constituted by the remaining members of the Panel; 
or 
 (b) the matter is to be reheard by a new Pan el constituted in accordance with 
regulation  20A.11. 
 (3) If a matter is reheard under paragraph  (2)(b), the new Panel may, for the 
purposes of performing or exercising the Disciplinary Tribunal’s functions or 
powers in relation to that matter, have regard  to any record of the proceedings 
before the Panel as previously constituted for the purposes of hearing that matter.  
20A.11E  No member ordinarily resident in same country in which  incorporated  
patent attorney subject to proceedings  is registered  
 (1) This regulation applies if:  
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OPC61757 - A  (a) a hearing of proceedings in relation to a particular matter has been 
commenced or completed by a Panel of the Disciplinary Tribunal; and  
 (b) before the matter has been determined, one of the members (other than the 
Panel C hair) constituting the Panel has:  
 (i) ceased to be a member; or  
 (ii) for any reason, ceased to be available as a member of the Panel; and  
 (c) neither of the remaining members of the Panel is ordinarily resident  in the 
same country in which the incorpora ted patent attorney that is subject to 
the proceedings is registered . 
 (2) The Panel Chair must, as soon as practicable, give the incorporated  patent 
attorney notice in writing that:  
 (a) one of the members constituting the Panel has ceased to be, or to be  
available as, a member of the Panel; and  
 (b) neither of the remaining members is ordinarily resident in the same country 
in which the incorporated patent attorney  is registered ; and  
 (c) the incorporated patent attorney may, within the period specified i n the 
notice:  
 (i) elect to have the matter completed by the Panel constituted by the 
remaining members of the Panel; or  
 (ii) elect to have the matter reheard by a new Panel constituted in 
accordance with regulation  20A.11. 
 (3) An election under paragraph  (2)(c) must be in writing and given to the Panel 
Chair within the period specified in the notice.  
 (4) The period specified in the notice must be not less than 21 days after the day on 
which the notice is given.  
 (5) Despite subregulation  20A.11( 4), if the incorporated patent attorney elects to 
have the matter completed by the Panel constituted by the remaining members of 
the Panel, the Panel constituted by the remaining members may hear and 
determine, or determine, the matter.  
 (6) If the Panel C hair does not receive an election within the period specified in the 
notice or such longer period as the Panel Chair allows , the Panel Chair must 
arrange for the matter to be reheard by a new Panel constituted in accordance 
with regulation  20A.11. 
 (7) If the matter is reheard in accordance with  subparagraph  (2)(c)(ii) or 
subregulation  (6), the new Panel may, for the purposes of performing or 
exercising the Disciplinary Tribunal’s functions or powers in relation to that 
matter, have regard to any record of the proceedings before the Panel as 
previously constituted for the purposes of hearing that matter.  
121  Subregulation s 20A.12(1)  and (2)  
Repeal the subregulation s, substitute:  
 (1) As soon as practicable after receiving an application under regulation  20A.10 , 
the Panel Chair of a Panel of the Disciplinary Tribunal must : 
 (a) fix a day, time and place to hear the application; and  
 (b) notify the incorporated patent attorney and the Board of that day, time and 
place.  
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OPC61757 - A 122  Subregulation  20A.13(1)  
After  “before”, insert  “a Panel of”.  
123  Subregulation  20A.13(2)  
Omit “Disciplinary Tribunal”, substitute “Panel  Chair ”. 
124  Subregulation  20A.13( 2) 
Omit “Tribunal may”, substitute “Panel Chair may”.  
125  Subparagraph s 20A.13(2) (b)(i)  and (ii)  
Omit “Tribunal”  (wherever occurring) , substitute “Panel”.  
126  Regulation  20A.14 (heading)  
Repeal the heading, substitute:  
20A.14   Representation before a Panel of Disciplinary Tribunal  
127  Subregulation  20A.14(1)  
Omit “the hearing before the Disciplinary”, substitute “a hearing before a Panel of the 
Disciplinary”.  
128  Subregulation  20A.14(2)  
Omit “Disciplinary Tribunal”, substitute “Panel”.  
129  Subregulation  20A.14(2)  
Omit “the Tribunal”, substitute “the Panel Chair”.  
130  Subregulation  20A.15(1)  
Omit “the hearing befor e the Disciplinary Tribunal, the Tribunal may, by instrument 
in writing signed by the person constituting the Tribunal”, substitute “a hearing before 
a Panel of the Disciplinary Tribunal, the Panel Chair may, by written instrument 
signed by the Panel Chair ”. 
131  Paragraphs 20A.15(1)(a) and (b)  
Omit “Tribunal”, substitute “Panel”.  
132  Regulation  20A.16 (heading)  
Repeal the heading, substitute:  
20A.16  Offences by persons appearing before a Panel of Disciplinary Tribunal  
133  Paragra ph 20A.16(1)(a)  
After  “before ”, insert  “a Panel of”.  
134  Subparagraph 20A.16(1)(b)(iii)  
Omit “Tribunal”, substitute “Panel”.  
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OPC61757 - A 135  Subparagraph  20A.16(2) (a)(ii)  
Omit “Disciplinary Tribunal”, substitute “Panel Chair”.  
136  Paragraph 20A.16(2)(b)  
Repeal the paragraph, substitute:  
 (b) in relation to subparagraph  (1)(b)(iii)—the defendant is excused by the 
Panel Chair.  
137  Subparagraph 20A.16(3)(a)(ii)  
After “before”, insert “a Panel of”.  
138  Subparagraph 20A.16(3)(a)(iii)  
After “allowances”, insert “in accordance with Part  2 of Schedule  8”. 
139  Paragraph 20A.16(3)(b)  
Repeal the paragraph.  
140  Paragraph 20 A.16(4)(b)  
Omit “ paragraph  (3)(b)’, substitute “ subparagraph  (3)(a)(iii)”.  
141  Paragraph  20A.16(5) (a) 
After “before”, insert “a Panel of”.  
142  Regulation  20A.17 (heading)  
Repeal the heading, substitute:  
20A.17   Protection of certain persons  
143  Subregulation  20A.17(1)  
Repeal the subregulation, substitute:  
 (1) A person who is a member of a Panel of the Disciplinary Tribunal conducting a 
hearing of disciplinary proceedings under this Part has, in the performance of his 
or her duties as a member of the Panel , the same protection and immunity as a 
Justice of the High Court.  
144  Subregulations  20A.17(3) and (4)  
After  “before ”, insert  “a Panel of”.  
145  Regulation  20A.18 (heading)  
Repeal the heading, substitute:  
20A.18   Decision of Panel of Disciplinary Tribunal  
146  Subregulation  20A.18(1)  
Omit  “the Disciplinary ”, substitute  “a Panel of  the Disciplinary ”. 
147  Subregulation  20A.18(2)  
Omit “Disciplinary Tribunal”, substitute “Panel”.  
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OPC61757 - A 148  Subregulation  20A.18(3)  
Omit “Disciplinary Tribunal may”, substitute “Panel may”.  
149  Paragraphs 20A.18(3)(d) and (e)  
Repeal the paragraphs, substitute:  
 (d) findings made (regardless of when the findings were made) about the 
conduct of the incorporated attorney in any other proceeding s brought 
before a relevant disciplinary tribunal;  
 (e) findings made (regardless of when the findings were made) about the 
conduct of the incorporated attorney’s employees and officers in any other 
proceeding s brought before a relevant disciplinary tribunal;  
150  At the end of regulation  20A.18  
Add:  
 (4) In this regulation:  
relevant disciplinary tribunal  means  any of the following : 
 (a) the Patents and Trade Marks Attorneys Disciplinary Tribunal established 
by regulation  20.61 as in force  before the commencement of this 
subregulation;  
 (b) the Trans -Tasman IP Attorneys Disciplinary Tribunal established by 
regulation  20.61 as in force on the commencement of this subregulation ; 
 (c) the Patents and Trade Marks Attorneys Disciplinary Tribunal as continued 
in force by subregulation  23.42(1) or 23.43(1) of these Regulations or 
subregulation  22.16(1) or 22.17(1) of the Trade Marks Regulations  1995 . 
151  Regulation  20A.19 (heading)  
Repeal the heading, substitute:  
20A.19  Notification and publication of decisions of Panel of Disciplinary 
Tribunal  
152  Subregulation  20A.19(1)  
Omit “The Disciplinary Tribunal must, within 14 days after making a decision under 
regulation  20A.18 ”, substitute “Within 14 days after a Panel of  the Disciplinary 
Tribunal makes a decision under regulation  20A.18, the Panel must”.  
153  Subparagraph 20A.19(1)(a)(i)  
Omit “Tribunal”, substitute “Panel”.  
154  Paragraph 20A.19(1)(c)  
Omit “Tribunal”, substitute “Panel”.  
155  Subregulation  20A.20(1)  
After  “If”, insert  “a Panel of”.  
156  Subregulation  20A.20(1)  
Omit “the Tribunal”, substitute “the Panel Chair”.  
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OPC61757 - A 157  Subregulation  20A.20(2)  
After “If”, insert “a Panel of”.  
158  Subregulation  20A.20(2)  
Omit “the Tribunal”, substitute “the Panel Chair”.  
159  Subregulation  20A.20( 3) 
Omit “Disciplinary Tribunal”, substitute “Panel Chair”.  
160  Paragraph 20A.2 1(3)(b)  
Omit “Disciplinary Tribunal”, substitute “ relevant Panel Chair”.  
161  Subparagraph 20A.22(2)(b)(ii)  (first occurring)  
After “ Corporations Act 2001 ”, insert “or the Companies Act 1993 of New Zealand”.  
162  Subparagraph 20A.22(2)(b)(ii) (second occurring)  
Omit “(ii) evidence”, substitute “(iii) evidence”.  
163  Paragraph 22.10(1)(a)  
After “Australia”, insert “or New Zealand”.  
164  Paragraph 22.10(1)(b)  
Omit “another”, substitute “an”.  
165  At the end of subregulation  22.10(1)  
Add:  
 ; or (c)  an address in New Zealand to which it is practicable and reasonable for a 
person providing mail  delivery services to deliver mail.  
166  Subregulation  22.10(2)  
Omit “or (b)”, substitute “, (b) or (c)”.  
167  At the end of regulation  22.10  
Add:  
 (5) Service by post is a prescribed means by which a document may be served on, or 
given or sent to, a person for the purposes of subsection  221(1) of the Act.  
168  Paragraph s 22.13(3)(c)  and (d)  
Repeal the paragraphs, substitute:  
 (c) in relation to a Panel of the Disciplinary Tribunal —the Panel Chair;  
 (d) the Board.  
169  Paragraph 22.26(2)(d)  
Omit “the Disciplinary”, substitute “a Panel of the Disciplinary”.  
170  Subparagrap hs 22.26(2)(d)(i) and (vi)  
After “decision of”, insert “Panel of”.  
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OPC61757 - A 171  In the appropriate position in Chapter  23 
Insert : 
Part  3—Transitional provisions for Schedule  4 to the 
Intellectual Property Laws Amendment Act 2015 
and Schedule  1 to the Intellectual Property 
Legislation Amendment (Single Economic Market  
and Other Measures ) Regulation  2016  
   
23.38   Definitions  
  In this Part:  
commencement day  means the day on which Schedule  4 to the Intellectual 
Property Laws Amendment Act 2015  commences.  
old regulations  means these Regulations as in force immediately before the 
commencement day.  
23.39  Removal of name from Register if New Zealand court determines person 
should not practise as a patent attorney in New Zealand  
 (1) This regulation is made for se ction  199 of the Act and applies if:  
 (a) an individual is a registered patent attorney; and  
 (b) immediately before the commencement day the individual was registered 
as a patent attorney in New Zealand (whether or not the individual  was also 
a registered  patent attorney in Australia; and  
 (c) on or after that commencement  day, the New Zealand Commissioner of 
Patents advises the Designated Manager that:  
 (i) a New Zealand court has determined that the individual  should not 
practise as a patent attorney in New Zealand; and  
 (ii) all rights of appeal in relation to the court’s determination have been 
exhausted or have expired; and  
 (iii) the conduct giving rise to the court’s determination occurred before 
the commencement day. 
 (2) The Designated Manager must  remove the name of the individual from the 
Register of Patent Attorneys as soon as practicable after receiving the advice.  
23.40  Restoring attorney’s name after advice from New Zealand Commissioner 
of Patents  
  For paragraph  198(4)(g) of the Act, i f an i ndividual’s name is removed from the 
Register of Patent Attorneys under regulation  23.39, the Designated Manager 
must not enter the individual’s name in the Register unless the Designated 
Manager has received written advice from the New Zealand Commissione r of 
Patents that a New Zealand court has determined that the individual’s name may 
be entered in the Register.  
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26 Intellectual Property Legislation Amendment (Single Economic Market and Other 
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OPC61757 - A 23.41  Transitional —registration as a patent attorney  
 (1) This regulation applies in relation to a person if  he or she satisfies the following 
requirements:  
 (a) the person has passed each relevant New Zealand examination  mentioned 
in subregulation  (4); 
 (b) the person passed at least one of those examinations before the 
commencement day;  
 (c) the person passed the remainder of those examinations before the end of 
the 4 -year period beginning on the commencement day.  
 (2) For the purposes of subsection  198(4) of the Act (as affected by item  82 of 
Schedule  4 to the Intellectual Property Laws Amendment Act 2015 ), the person 
must meet the requirements set out in subregulation  (3) instead of the 
requirements set out in regulations  20.2, 20.3, 20.5, 20.6, 20.7 and 20.8.  
 (3) The person’s application for registration  as a patent attorney must  be: 
 (a) in writing, in a fo rm approved by the Designated Manager; and  
 (b) accompanied by the statements and declarations mentioned in paragraphs 
20.3(1)(d), (e) and (f); and  
 (c) accompanied by a written declaration signed by the person that he or she 
satisfies the requirements mentioned in  subregulation  (1); and  
 (d) accompanied by the fee mentioned in item  104 of Schedule  7. 
 (4) For paragraph  (1)(a), the relevant examinations are the following examinations 
jointly arranged and conducted by the New Zealand Commissioner of Patents 
and the Council of the New Zealand Institute of Patent Attorneys under Part  30 
of the Patents Regulations  1954 of New Zealand:  
 (a) an examination on the subject of New Zealand law and practice relating to 
patents and designs;  
 (b) an examination on the su bject of New Zealand law and practice relating to 
trade marks;  
 (c) an examination on the subject of foreign patent law;  
 (d) an examination on the subject of preparation of specifications for New 
Zealand patents;  
 (e) an examination on the subject of pate nt attorney practice in New Zealand, 
including the interpretation and criticism of patent specifications.  
Note:  Under subitem  82(2) of Schedule  4 to the Intellectual Property Laws Amendment Act 
2015 , an individual who passes these examinations must apply f or registration as a 
patent attorney under section  198 of the Patents Act 1990  within 6 months after the 
completion of the last of the examinations.  
23.42  Continuation of certain d isciplinary proceedings —individuals  
 (1) This regulation applies if:  
 (a) before the commencement day disciplinary proceeding s had been 
commenced against a registered patent attorney by the Professional 
Standards Board for Patent and Trade Marks Attorneys under Part  8 of 
Chapter  20 of the old regulations; and  
 (b) the proceedings  had not been completed under the old regulations before 
the commencement day. 
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OPC61757 - A  (2) Despite the amendments and repeals made by Schedule  1 to the Intellectual 
Property Legislation Amendment (Single Economic Market  and Other Measures ) 
Regulation  2016 , on and  after the commencement day: 
 (a) Part 8 of Chapter  20, and Division  2 of Part  10 of Chapter  20, of the old 
regulations continue to apply in relation to the proceedings; and  
 (b) the appointment of the person constituting the Patents and Trade Marks 
Attorneys Disciplinary Tribunal conducting the proceedings is continued in 
force for the purpose of completing the proceedings; and  
 (c) the Minister may , if necessary,  appoint a person under regulation  20.63 or 
20.64 of the old regulations in the circumst ances mentio ned in those 
regulations  for the purpose of completing the proceedings; and  
 (d) for the purposes of the proceeding s, references in Part  8 of Chapter  20 of 
the old regulations to the Professional Standards Board for Patent and 
Trade Marks Attor neys are taken to be references to the Trans -Tasman IP 
Attorneys Board.  
23.43  Continuation of certain d isciplinary proceedings —incorporated patent 
attorneys  
 (1) This regulation applies if:  
 (a) before the commencement day disciplinary proceeding s had bee n 
commenced against an incorporated patent attorney by the Professional 
Standards Board for Patent and Trade Marks Attorneys under Part  5 of 
Chapter  20A of the old regulations; and  
 (b) the proceedings had not been completed under the old regulations befor e 
the commencement day. 
 (2) Despite the amendments and repeals made by Schedule  1 to the Intellectual 
Property Legislation Amendment (Single Economic Market  and Other Measures ) 
Regulation  2016 , on and after the commencement day: 
 (a) Division  2 of Part  10 of Chapter  20, and Part 5 of Chapter  20A, of the old 
regulations continue to apply in relation to the proceedings; and  
 (b) the appointment of the person constituting the Patents and Trade Marks 
Attorneys Disciplinary Tribunal conducting the proceedings i s continued in 
force for the purpose of completing the proceedings; and  
 (c) the Minister may, if necessary, appoint a person under regulation  20.63 or 
20.64 of the old regulations in the circumstances mentioned in those 
regulations for the purpose of comp leting the proceedings; and  
 (d) for the purposes of the proceedings, references in Part  5 of Chapter  20A of 
the old regulations to the Professional Standards Board for Patent and 
Trade Marks Attorneys are taken to be references to the Trans -Tasman IP 
Attorneys Board.  
23.44   Termination of appointment of Patents and Trade Marks Attorneys 
Disciplinary Tribunal upon completion of all proceedings  
  The Minister must, in writing, terminate the appointment of the person 
constituting the Patents and Trade Mar ks Attorneys Disciplinary Tribunal 
conducting proceedings mentioned in any of the following provisions as soon as 
practicable after the Minister is satisfied that all such proceedings (including all 
appeals) have been finalised : 
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28 Intellectual Property Legislation Amendment (Single Economic Market and Other 
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OPC61757 - A  (a) subregulation  23.42(1) ; 
 (b) subregulation  23.43(1);  
 (c) subregulation  22.16(1) of the Trade Marks Regulations  1995 ; 
 (d) subregulation  22.17(1) of the Trade Marks Regulations  1995 . 
23.45   Transitional —exemptions from patents knowledge requirements  
 (1) This regulation applies  in relation to an applicant who, before 1  January 2018 : 
 (a) has passed a course of study that has outcomes that are the same as, or 
similar to, those of a knowledge requirement mentioned in Schedule  5 to 
the old  regulations; and  
 (b) has passed the cours e of study at a satisfactory level.  
 (2) Despite the amendments of Schedule  5 made by Schedule  1 to the Intellectual 
Property Legislation Amendment (Single Economic Market  and Other Measures ) 
Regulation  2016 , Schedule  5 to the old regulations  continues to apply for the 
purpose of the Board making a decision to grant an exemption to the applicant 
under regu lation 20.9. 
172  Clause  2 of Part  2 of Schedule  5 
Repeal the clause, substitute:  
 2. A course of study must provide for a student to have an appropriate level of 
understanding of the Australian and New Zealand legal systems and how 
intellectual property rights may be protected.  
173  Clause  5 of Part  5 of Schedule  5 
Omit “system of protecting and exploiting trade marks, patents and designs, both in 
Australia and”, substitute “systems of protecting and exploiting trade marks, patents 
and designs, both in Aust ralia and New Zealand, and in”.  
174  Schedule  8 (note to Schedule heading ) 
Repeal the note, substitute:  
Note:  See subregulations 20.41(3) and 20A .16(3) and regulation  22.8.  
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OPC61757 - A Schedule  2—Single economic market a mendments  
relating to trade marks  
   
Trade Marks Regulations  1995  
1  Regulation  2.1 (definition of Board ) 
Repeal the definition.  
2  Regulation  2.1 (definition of Disciplinary Tribunal ) 
Repeal the definition, substitute:  
Disciplinary Tribunal  means the Trans -Tasman IP Attorneys Disciplinary 
Tribunal established by regulation  20.61 of the Patents Regulations  1991 . 
3  Regulation  2.1 
Insert:  
Panel Chair , in relation to a Panel of the Disciplinary T ribunal, means:  
 (a) the President; or  
 (b) if the President is unable to perform his or her functions in relation to 
proceedings  of the Panel because of a conflict of interest —the person 
appointed under subregulation  20.64(2) of the Patents Regulations  1991 to 
be the Panel Chair  for the proceedings . 
Panel of the Disciplinary Tribunal  means a Panel constituted under 
regulation  20A.11 . 
President  means the President of the Disciplinary Tribunal.  
4  At the end of paragraph  17A.16(3)(b)  
Add “or New Zealand”.  
5  At the end of subregulation  17A.17(3)  
Add “or New Zealand”.  
6  Subregulation  17A.34H(2)  
After “Australian”, insert “or New Zealand”.  
7  At the end of subregulation  17A.34H(5)  
Add “ or New Zealand”.  
8  At the end of subregulation  17A.37(3)  
Add “or New Zealand”.  
9  Paragraph 17A.42B(1)(a)  
After “Australia”, insert “or New Zealand”.  
10  At the end of subregulation  17A.48H(2)  
Add “or New Zealand”.  
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OPC61757 - A 11  At the end of subregulation  17A.50(5)  
Add “or New Zealand”.  
12  Subregulation  17A.74(2)  
Repeal the subregu lation , substitute:  
Address for service  
 (2) An address for service for the person must be:  
 (a) an address in Australia or New Zealand at which a document under the Act 
or these Regulations may be given to the person personally or to the 
person’s represen tative; or  
 (b) an address in Australia to which it is practicable and reasonable for 
Australia Post, or a person acting on behalf of Australia Post, to deliver 
mail; or  
 (c) an address in New Zealand to which it is practicable and reasonable for a 
person providing mail  delivery services to deliver mail.  
13  Subregulation  20.1(1)  
Omit “(1) In”, substitute “In”.  
14  Subregulation  20.1(2)  
Repeal the subregulation.  
15  Paragraph 20.6(a)  
Repeal the paragraph, substitute:  
 (a) a level 5 or higher AQF qualification; or  
16  Paragraph 20.6(b)  
Omit “an AQF qualification from the higher education sector”, substitute “a level 5 or 
higher AQF qualification”.  
17  Regulation  20.11  
Omit all the words after “first time”, substitute:  
  as if:  
 (a) item 2 in Part  2 of that Schedule provided:  
 ‘2. A course of study must provide for a student to have an appropriate 
level of understanding of the Australian legal system and how 
intellectual property rights may be protected. ’; and  
 (b) item 5 in Part  5 of that Schedule provided:  
 ‘5. A course of study must provide for a student to have an appropriate 
level of understanding of the system of protecting and exploiting trade 
marks, both in Australia and other countries ’. 
18  At the end of regulation  20.15  
Add:  
 ; and (f)  subregulation  20.36(4) of the Patents Regulations  1991  were omitted ; and  
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OPC61757 - A  (g) the words ‘or subregulation  20.36E(5)’  in subregulation  20.36A(4) of the 
Patents Regulation  1991  were omitted; and  
 (h) the words ‘Subject to regulation  20.36E, the Panel’  in 
subregulation  20.36 D(2) of the Patents Regulation  1991  were omitted  and 
the words ‘The Panel ’ substituted; and  
 (i) regulation  20.36E of the Patents Regulation  1991  were omitted.  
19  Paragraph 20A.10(1)(a)  
Omit “is found guilty  of professional misconduct under Division  5 of Part  20”, 
substitute “has, at any time, been found guilty  of professional misconduct in 
accordance with Division  6 of Part  20”. 
20  Paragraph 20A.10(1)(c)  
Repeal the paragraph, substitute:  
 (c) the trade mark s attorney’s registration was cancelled or suspended in 
accordance with  Division  6 of Part  20 because he or she was found guilty 
of professional misconduct . 
21  Subregulation  20A.10(2)  
Omit “an incorporated”, substitute “the incorporated”.  
22  At the end of subregulation  20A.10(4)  
Add:  
 ; and (c)  be addressed and sent  to the President.  
23  Regulation  20A.11  
Repeal the regulation, substitute:  
20A.11   Panel of the Disciplinary Tribunal to be constituted  
 (1) Except as otherwise provided by this Part, t he Disciplinary Tribunal’s functions 
and powers in relation to disciplinary proceedings under this Part are to be 
performed and exercised by a Panel of the Disciplinary Tribunal.  
 (2) A Panel of the Disciplinary Tribunal is to be constituted by:  
 (a) a Panel Chair ; and  
 (b) 2 other members determined by the Panel Chair  under subregulation  (3). 
 (3) The Panel Chair  is to determine, in writing, the other members of the 
Disciplinary Tribunal who are to constitute the Panel that is to conduct the 
proce edings . 
Note:  Regulation  20.64 of the Patents Regulations  1991  sets out requirements relating to the 
disclosure of conflicts of interest.  
20A.11A   Meetings of Panel of Disciplinary Tribunal  
 (1) The Panel Chair of a Panel of the Disciplinary Tribunal must:  
 (a) convene such meetings of the Panel as the Panel Chair considers necessary 
for the purpose of conducting disciplinary proceedings being heard by the 
Panel; and  
 (b) preside at all meetings of the Panel.  
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OPC61757 - A  (2) Subject to paragraph  20A.11D(2) (a), all mem bers of a Panel of the Disciplinary 
Tribunal  must be present at a meeting of the Panel.  
 (3) A question arising at a meeting of a Panel of the Disciplinary Tribunal must be 
determined by a majority of the votes of the members of the Panel present and 
votin g. 
 (4) However, i f, in accordance with paragraph  20A.11D(2)(a) , a hearing of 
proceedings is continued with 2 members of the Panel, questions arising at the 
hearing must be determined by a unanimous vote of the 2 members.  
20A.11B   Procedure of Panel of Dis ciplinary Tribunal  
 (1) Subject to this Part, the procedures for convening meetings of a Panel of the 
Disciplinary Tribunal and for the conduct of business by a Panel of the 
Disciplinary Tribunal are as the Panel Chair determines.  
 (2) Proceedings before t he Panel are to be conducted quickly and informally, while 
allowing for proper consideration of the matter before th e Panel.  
 (3) The Panel is not bound by the rules of evidence but may be informed on any 
matter in the manner it chooses.  
 (4) The Panel may  take evidence on oath or on affirmation and, for that purpose, the 
Panel Chair may administer an oath or affirmation.  
20A.11C   Panel Chair unavailable to complete hearing  
 (1) This regulation applies if:  
 (a) a hearing of proceedings in relation to a particular matter has been 
commenced or completed by a Panel of the Disciplinary Tribunal; and  
 (b) before the matter has been determined, the Panel Chair has:  
 (i) ceased to be a member; or  
 (ii) for any reason, ceased to be available as a member of the P anel.  
 (2) The matter is to be reheard by a new Panel constituted in accordance with 
regulation  20A.11.  
 (3) The new Panel may, for the purposes of performing or exercising the 
Disciplinary Tribunal’s functions or powers in relation to that matter, have 
regard to any record of the proceedings before the Panel as previously 
constituted for the purposes of hearing that matter.  
20A.11 D  Member s other than the Panel Chair unavailable to complete hearing  
 (1) This regulation applies if:  
 (a) a hearing of proceed ings in relation to a particular matter has been 
commenced or completed by a Panel of the Disciplinary Tribunal; and  
 (b) before the matter has been determined, one of the members (other than the 
Panel Chair) constituting the Panel has:  
 (i) ceased to be a  member; or  
 (ii) for any reason, ceased to be available as a member of the Panel.  
 (2) The Panel Chair may determine that:  
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OPC61757 - A  (a) the hearing and determination, or the determination, of the matter is to be 
completed by the Panel constituted by the remaining  members of the Panel; 
or 
 (b) the matter is to be reheard by a new Panel constituted in accordance with 
regulation  20A.11.  
 (3) If a matter is reheard under paragraph  (2)(b), the new Panel may, for the 
purposes of performing or exercising the Disciplinary  Tribunal’s functions or 
powers in relation to that matter, have regard to any record of the proceedings 
before the Panel as previously constituted for the purposes of hearing that matter.  
24  Subregulations  20A.12(1) and (2)  
Repeal the subregulations, sub stitute:  
 (1) As soon as practicable after receiving an application under regulation  20A.10, 
the Panel Chair of a Panel of the Disciplinary Tribunal must:  
 (a) fix a day, time and place to hear the application; and  
 (b) notify the incorporated trade marks  attorney and the Board of that day, time 
and place.  
25  Subregulation  20A.13(1)  
After  “before ”, insert  “a Panel of”.  
26  Subregulation  20A.13(2)  
Omit “Disciplinary Tribunal”, substitute “Panel Chair”.  
27  Subregulation  20A.13( 2) 
Omit “Tribunal may”, substitute “Panel Chair may”.  
28  Subparagraph s 20A.13(2)(b)(i)  and (ii)  
Omit “Tribunal”  (wherever occurring) , substitute “Panel”.  
29  Regulation  20A.14 (heading)  
Repeal the heading, substitute:  
20A.14   Representation before Panel of Disciplinary Tribunal  
30  Subregulation  20A.14(1)  
Omit “ the hearing before the Disciplinary”, substitute “ a hearing before a Panel of the 
Disciplinary”.  
31  Subregulation  20A.14(2)  
Omit  “Disciplinary Tribunal ”, substitute  “Panel”.  
32  Subregulation  20A.14(2)  
Omit “the Tribunal” , substitute “the Panel Chair”.  
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OPC61757 - A 33  Subregulation  20A.15(1)  
Omit “the hearing before the Disciplinary Tribunal, the Tribunal may, by instrument 
in writing signed by the person constituting the Tribunal”, substitute “a hearing before 
a Panel of the Discipli nary Tribunal, the Panel Chair may, by written instrument 
signed by the Panel Chair”.  
34  Paragraphs 20A.15(1)(a) and (b)  
Omit “Tribunal”, substitute “Panel”.  
35  Regulation  20A.16 (heading)  
Repeal the heading, substitute:  
20A.16   Offences by persons appearing before a Panel of Disciplinary Tribunal  
36  Paragraph 20A.16(1)(a)  
After  “before ”, insert  “a Panel of”.  
37  Subparagraph 20A.16(1)(b)(iii)  
Omit “Tribunal”, substitute “Panel”.  
38  Subparagraph 20A.16(2)(a)(ii)  
Omit “Disciplinary Tribunal”, substitute “Panel Chair”.  
39  Paragraph 20A.16(2)(b)  
Repeal the paragraph, substitute:  
 (b) in relation to subparagraph  (1)(b)(iii)—the defendant is excused by the 
Panel Chair.  
40  Subparagraph 20A.16(3)(a)(ii)  
After  “before ”, insert “a Panel of”.  
41  Subparagraph 20A.16(3)(a)(iii)  
After “allowances”, insert “in accordance with Part  2 of Schedule  8 to the Patents 
Regulations  1991 ”. 
42  Paragraph 20A.16(3)(b)  
Repeal the paragraph.  
43  Paragraph 20 A.16(4)(b)  
Omit “ paragraph  (3)(b)’, s ubstitute “ subparagraph  (3)(a)(iii)”.  
44  Paragraph  20A.16(5) (a) 
After  “before ”, insert  “a Panel of”.  
45  Regulation  20A.17 (heading)  
Repeal the heading, substitute:  
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OPC61757 - A 20A.17   Protection of certain persons  
46  Subregulation  20A.17(1)  
Repeal the subregulation, substitute:  
 (1) A person who is a member of a Panel of the Disciplinary Tribunal conducting a 
hearing of disciplinary proceedings under this Part has, in the performance of his 
or her duties as a member of the Panel , the same protection and  immunity as a 
Justice of the High Court.  
47  Subregulations  20A.17(3) and (4)  
After  “before ”, insert  “a Panel of”.  
48  Subregulation  20A.18(heading)  
Repeal the heading, substitute:  
20A.18   Decision of Panel of Disciplinary Tribunal  
49  Subregulation  20A.1 8(1) 
Omit “the Disciplinary”, substitute “a Panel of the Disciplinary”.  
50  Subregulation  20A.18(2)  
Omit “Disciplinary Tribunal”, substitute “Panel”.  
51  Subregulation  20A.18(3)  
Omit “Disciplinary Tribunal may”, substitute “Panel may”.  
52  Paragraphs 20A.1 8(3)(d) and (e)  
Repeal the paragraphs, substitute:  
 (d) findings made (regardless of when the findings were made) about the 
conduct of the incorporated attorney in any other proceedings brought 
before a relevant disciplinary tribunal;  
 (e) findings made (r egardless of when the findings were made) about the 
conduct of the incorporated attorney’s employees and officers in any other 
proceedings brought before a relevant disciplinary tribunal;  
53  At the end of regulation  20A.18  
Add:  
 (4) In this regulation:  
relevant disciplinary tribunal  means any of the following:  
 (a) the Patents and Trade Marks Attorneys Disciplinary Tribunal established 
by regulation  20.61 of the Patents Regulations  1991  as in force before the 
commencement of this subregulation;  
 (b) the Tr ans-Tasman IP Attorneys Disciplinary Tribunal established by 
regulation  20.61 of the Patents Regulations  1991  as in force on the 
commencement of this subregulation;  
 (c) the Patents and Trade Marks Attorneys Disciplinary Tribunal as continued 
in force by subregulation  23.42(1) or 23.43(1) of the Patents 
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OPC61757 - A Regulations  1991  or subregulation  22.16(1) or 22.17(1) of these 
Regulations.  
54  Regulation  20A.19 (heading)  
Repeal the heading, substitute:  
20A.19   Notification and publication of decisions of Panel of Dis ciplinary 
Tribunal  
55  Subregulation  20A.19(1)  
Omit “The Disciplinary Tribunal must, within 14 days after making a decision under 
regulation  20A.18”, substitute “Within 14 days after a Panel of the Disciplinary 
Tribunal makes a decision under regulation  20A.18, the Panel must”.  
56  Subparagraph 20A.19(1)(a)(i)  
Omit “Tribunal”, substitute “Panel”.  
57  Paragraph 20A.19(1)(c)  
Omit “Tribunal”, substitute “Panel”.  
58  Subregulation  20A.20(1)  
After  “If”, insert  “a Panel of”.  
59  Subregulation  20A.20(1)  
Omit “the Tribunal”, substitute “the Panel Chair”.  
60  Subregulation  20A.20(2)  
After  “If”, insert  “a Panel of”.  
61  Subregulation  20A.20(2)  
Omit “the Tribunal”, substitute “the Panel Chair”.  
62  Subregulation  20A.20( 3) 
After  “The”, insert  “Panel Chair  of a Panel of the ”. 
63  Paragraph 20A.2 1(3)(b)  
Omit “Disciplinary Tribunal”, substitute “ relevant Panel Chair”.  
64  Paragraph s 21.6(3)(c)  and (d)  
Repeal the paragraphs, substitute:  
 (c) in relation to a Panel of the Disciplinary Tribunal —the Panel Chair;  
 (d) the Board.  
65  After regulation  21.7 
Insert:  
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OPC61757 - A 21.7A   Service by post  
  Service by post is a prescribed means by which a document may be served on, or 
given or sent to, a person for the purposes of paragraphs 215(6)(a) and (b) of the 
Act. 
66  Paragraph 21.35 (2)(bb)  
Repeal the paragraph, substitute:  
 (bb) a Panel of the Disciplinary Tribunal under regulation  20A.18 (decision of 
Panel of Disciplinary Tribunal) ; or 
67  Paragraph 21.35(2)(c)  
Omit “the Disciplinary”, substitute “a Panel of the Disciplinary”.  
68  Subparagraph 21.35(2)(c)(i)  
Omit “Disciplinary”, substitute “Panel of Disciplinary”.  
69  In the appropriate position in Part  22 
Insert : 
Division  3—Transitional provisions for Schedule  4 to the Intellectual 
Property Laws Amendment Act 2015  and Schedule  2 to the 
Intellectual Property Legislation Amendment (Single 
Economic Market  and Other Measures ) Regulation  2016  
22.14  Definitions  
  In this Division:  
commencement day  means the day on which Schedule  4 to the Intellectual 
Property Laws Amendment Act 2015  comme nces.  
old Patent s regulations  means the Patents Regulations  1991  as in force 
immediately before the commencement day.  
old regulations  means these Regulations as in force immediately before the 
commencement day.  
22.15  Transitional —registration as a trade marks attorney  
 (1) This regulation is made for item  84 of Schedule  4 (the amending Schedule ) to 
the Intellectual Property Laws Amendment Act 2015 . 
 (2) For paragraph s 84(1)(c) and (d) of the amending  Schedule, an application for 
registration as a trade marks attorney must:  
 (a) be in writing, in a form approved by the Designated Manager; and  
 (b) be accompanied by a statement of experience as mentioned in 
subregulation  (3) of this regulation that satisfies the Designated Manager 
that the applicant’s level of competenc y in trade marks law and practi ce is 
sufficient to warrant the applicant becoming a registered trade marks 
attorney ; and  
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OPC61757 - A  (c) be accompanied by a declaration signed by the applicant th at the applicant:  
 (i) has not, in the 5 years preceding the application, been convicted of  an 
offence mentioned in  subregulation  (4) of this regulation ; and  
 (ii) is not under sentence of imprisonment for an offence mentioned in  
subregulation  (5) of this regulation ; and 
 (d) be accompanied by the fee mentioned in item  28 of Schedule  9. 
 (3) For paragraph  (2)(b), the statement of experience must : 
 (a) set out details  of the applicant’s experience in the following activities in the 
5 years preceding the appl ication : 
 (i) searching trade marks records;  
 (ii) preparing, filing and prosecuting trade marks applications in relation 
to Australia and New Zealand ; 
 (iii) preparing, filing and prosecuting trade marks  applications in relation 
to other countries and organisations, particularly countries and 
organisations that are regarded as major trading partners with 
Australia and New Zealand;  
 (iv) providing advice on the validity and infringement of trade marks ; and  
 (b) contain a declaration, signed by the applicant, that the details of the 
applicant’s experience set out in the statement of experience are true and 
correct; and  
 (c) be accompanied by evidence of such experience.  
Note:  Examples of major trading partners for subparagraph  (3)(a)(iii) are as follows : 
(a) European Union ; 
(b) Japan;  
(c) People’s Republic of China;  
(d) Republic of Korea;  
(e) United S tates of America.  
 (4) An offence against any of the following Acts is a prescribed offence for 
paragraph  84(1)(e) of the amending Schedule : 
 (a) the Act;  
 (b) the Designs Act 2003 ; 
 (c) the Patents  Act 199 0. 
 (5) An offence of dishonesty, whether committed in Australia or New Zealand and 
whether committed before or after the commencement day, for which the 
maximum penalty is imprisonment for  at least 2 years is a prescribed offence for 
paragraph  84(1)(f) of the amending Schedule.  
22.16  Continuation of certain d isciplinary proceedings —individuals  
 (1) This regulation applies if:  
 (a) before the commencement day disciplinary proceeding s had be en 
commenced against a registered trade marks  attorney  by the Professional 
Standards Board for Patent and Trade Marks Attorneys under Part  8 of 
Chapter  20 of the old Patents regulations (as that Part applie d to the 
registered trade marks attorney because o f Division  6 of Part  20 of the old 
regulations ); and  
 (b) the proceedings had not been completed before the commencement  day. 
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 Intellectual Property Legislation Amendment (Singl e Economic Market and Other 
Measures) Regulation  2016  39 
OPC61757 - A  (2) Despite the amendments and repeals made by Schedule  2 to the Intellectual 
Property Legislation Amendment (Single Economic Mar ket and Other Measures ) 
Regulation  2016 , on and after the commencement day: 
 (a) Part 8 of Chapter  20 of the old Patent s regulations (as th at Part applie d to a 
registered trade marks attorney because of  Division  6 of Part  20 of the old 
regulations ) continue s to apply in relation to the proceedings; and  
 (b) the appointment of the person constituting the Patents and Trade Marks 
Attorneys Disciplinary Tribunal conducting the proceedings is continued in 
force for the purpose of completing the proceeding s; and  
 (c) for the purposes of the proceeding s, references in Part  8 of Chapter  20 of 
the old Patents regulations (as th at Part applie d to the registered trade 
marks attorney because of  Division  6 of Part  20 of the old regulations ) to 
the Professional Standards Board for Patent and Trade Marks Attorneys are 
taken to be references to the Trans -Tasman IP Attorneys Board.  
22.17  Continuation of certain disciplinary proceedings —incorporated trade 
marks  attorneys  
 (1) This regulation applies if:  
 (a) before the commencement day disciplinary proceeding s had been 
commenced against an incorporated trade marks  attorney under Division  5 
of Part 20A of the old regulations by the Professional Standards Board for 
Patent and Trade Marks Attorneys; and  
 (b) the proceed ings had not been completed under the old regulations before 
the commencement day. 
 (2) Despite the amendments and repeals made by the Schedule  2 to the Intellectual 
Property Legislation Amendment (Single Economic Market  and Other Measures ) 
Regulation  2016 , on and after the commencement day: 
 (a) Division  5 of Part 20A of the old regulations continues to apply in relation 
to the proceedings; and  
 (b) the appointment of the person constituting the Patents and Trade Marks 
Attorneys Disciplinary Tribunal conducting the proceedings is continued in 
force for the purpose of completing the proceedings; and  
 (c) for the purposes of the proceedings, references in Division  5 of Part 20A of 
the old regulations to the Professional Standards Board for Patent and 
Trade Marks Attorneys are taken to be references to the Trans -Tasman IP 
Attorneys Board.  
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40 Intellectual Property Legislation Amendment (Single Economic Market and Other 
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OPC61757 - A Schedule  3—Other amendments  relating to the single 
economic market  
   
Designs Regulations  2004  
1  Paragraph 11.19(1)(a)  
After “Australia”, insert “or New Zealand”.  
2  Paragraph 11.19(1)(b)  
Omit “another”, substitute “an”.  
3  At the end of subregulation  11.19(1)  
Add:  
 ; or (c)  an address in New Zealand to which it is practicable and reasonable for a 
person providing mail  delivery services to deliver mail.  
4  Subregulation  11.19(2)  
Omit “or (b)”, substitute “, (b) or (c)”.  
5  At the end of regulation  11.19  
Add:  
 (5) Service by post is a prescribed means by which a document may be served on, or 
given or sent to, a person for the purposes of subsection  145(1) o f the Act.  
Plant Breeder’s Rights Regulations  1994  
6  After regulation  3D 
Insert:  
3DA   Service of documents  
  Service by post is a prescribed means by which a document may be served on, or 
given or sent to, a person for the purposes of section  73 of the Ac t. 
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 Intellectual Property Legislation Amendment (Singl e Economic Market and Other 
Measures) Regulation  2016  41 
OPC61757 - A Schedule  4—Amendments relating to international 
obligations  
   
Patents Regulations  1991  
1  At the end of subregulation  4.4(7)  
Add:  
 ; (c) a document setting out any information that was not transmitted to the 
International Bureau in accordance with Rule  26bis.3(h -bis) of the PCT;  
 (d) a document setting out any information in respect of which the 
International Bureau has, under Rule  48.2(n) of the PCT, notified the 
Commissioner that it has omitted that information from international 
publication;  
 (e) a document setting out any information in respect of which the 
International Bureau has, under Rule  94.1(f) of the PCT, notified the 
Commissioner that it has omitted that information from public access.  
2  After subregulation  4.4(7)  
Insert:  
 (7A)  However, if  the Commissioner makes a copy of a document mentioned in 
paragraph  (7)(c), (d) or (e) in a form that does not contain information of the 
kind mentioned in those paragraphs then, unless the copy is covered by 
paragraph  (7)(a) or (b), it is open for public inspection under paragraph  (6)(b).  
Trade Marks Regulations  1995  
3  After paragraph  4.15(d)  
Insert:  
 (da) a representation of a flag of a country that is a member of the International 
Union for the Protection of Industrial Property;  
4  Part 1 of Schedule  1 (table item  6) 
Repeal the item, substitute:  
 
6 Common metals and their alloys; metal building materials; 
transportable buildings of metal; materials of metal for railway 
tracks; non -electric cables and wires of common metal; ironmongery, 
small items of met al hardware; pipes and tubes of metal; safes; ores  
5  Part 1 of Schedule  1 (table item  14) 
Repeal the item, substitute:  
 
14 Precious metals and their alloys; jewellery, precious stones; 
horological and chronometric instruments  
6  Part 1 of Schedule  1 (table items  16, 17 and 18)  
Repeal the items, substitute:  
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42 Intellectual Property Legislation Amendment (Single Economic Market and Other 
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OPC61757 - A  
16 Paper and cardboard; printed matter; bookbinding material; 
photographs; stationery; adhesives for stationery or household 
purposes; artists’ materials; paintbrushes; typewriters and office 
requi sites (except furniture); instructional and teaching material 
(except apparatus); plastic materials for packaging; printers’ type; 
printing blocks  
17 Unprocessed and semi -processed rubber, gutta -percha, gum, asbestos, 
mica and substitutes for all these ma terials; plastics in extruded form 
for use in manufacture; packing, stopping and insulating materials; 
flexible pipes, not of metal  
18 Leather and imitations of leather; animal skins, hides; trunks and 
travelling bags; umbrellas and parasols; walking sticks; whips, 
harness and saddlery  
7  Part 1 of Schedule  1 (table items  20, 21 and 22)  
Repeal the items, substitute:  
 
20 Furniture, mirrors, picture frames; unworked or semi -worked bone, 
horn, ivory, whalebone or mother -of-pearl; shells; meerschaum; 
yellow amber  
21 Household or kitchen utensils and containers;  combs and sponges; 
brushes (except paintbrushes); brush -making materials; articles for 
cleaning purposes; steelwool; unworked or semi -worked glass 
(except glass used in building); glassware, po rcelain and earthenware  
22 Ropes and string, nets; tents, awnings and tarpaulins, sails; sacks; 
padding and stuffing materials (except of paper, cardboard, rubber or 
plastics); raw fibrous textile materials  
8  Part 1 of Schedule  1 (table item  24) 
Repeal the item, substitute:  
 
24 Textiles and substitutes for textiles; bed covers; table covers  
9  Part 1 of Schedule  1 (table item  28) 
Repeal the item, substitute:  
 
28 Games and playthings; gymnastic and sporting articles; decorations 
for Christmas trees  
10  Part 1 of Schedule  1 (table item  31) 
Repeal the item, substitute:  
 
31 Agricultural, horticultural and forestry products; raw and unprocessed 
grains and seeds; fresh fruits and vegetables; natural plants and 
flowers; live animals; foodstuffs for animals; malt 
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 Intellectual Property Legislation Amendment (Singl e Economic Market and Other 
Measures) Regulation  2016  43 
OPC61757 - A Schedule  5—International registrations  
   
Trade Marks Regulations  1995  
1  At the end of regulation  17A.14  
Add:  
 (3) If the Registrar is reasonably satisfied that a term to be used in an IRDA to 
specify goods or services in respect of which protection  is sought:  
 (a) is too vague for the purposes of determining the scope of that protection; or  
 (b) is incomprehensible; or  
 (c) is linguistically incorrect;  
then the term must not be used in the IRDA to specify the goods or services in 
respect of which protection is sought.  
2  In the appropriate position in  Part 22 
Insert : 
22.13  Amendment made by Schedule  5 to the Intellectual Property Legislation 
Amendment (Single Economic Market and Other Measures) 
Regulation  2016  
  The amendment of these Regulations made by item  1 of Schedule  5 to the 
Intellectual Property Legislation Amendment (Single Economic Market and 
Other Measures) Regulation  2016  applies in relation to an IRDA if notification 
of the IRDA is received by the Registra r from the International Burea u on or 
after commencement of that item.  
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Part 1   Amendments commencing day after registration  
 
 
44 Intellectual Property Legislation Amendment (Single Economic Market and Other 
Measures) Regulation  2016   
OPC61757 - A Schedule  6—Amendments relating to Norfolk Island  
Part 1—Amendments commencing day after registration  
Trade Marks Regulations  1995  
1  Schedule  3 (after the heading)  
Insert:  
Note  See regulation  13.7.  
2  Item 1 of Sche dule 3 
Repeal the item, substitute:  
1  After section  131 
Insert:  
131A   Definitions  
  In this Part:  
Customs Act 1901 (NI) means the Customs Act 1901  in its application to 
Norfolk Island in accordance with the Norfolk Island Customs Ordinance 2016 . 
designated owner , in relation to goods imported into Norfolk Island, means:  
 (a) the person identified as the owner of the goods on the entry made in 
relation to the goods under section  68 of the Customs Act 1901  (NI); or  
 (b) if no such entry exists —the p erson determined to be the owner of the goods 
under section  133A of the Act.  
3  Item 2 of Schedule  3 
Omit “ Customs Act 1913  of Norfolk Island”, substitute “ Customs Act 1901  (NI)”.  
4  Item 3 of Schedule  3 
Repeal the item, substitute:  
3  Section  133A  
Omit “ Customs Act 1901 ”, substitute “ Customs Act 1901  (NI)”.  
5  After item  3 of Schedule  3 
Insert:  
3A  Section  133A (note)  
Omit “section  6”, substitute “section  131A”.  
3B  Subsection  134(1) (note)  
Repeal the note, substitute:  
Note 1:  For designated owner  see sect ion 131A.  
Note 2:  For objector  see section  6. 
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Amendments commencing day after registration   Part 1  
 
 
 Intellectual Property Legislation Amendment (Singl e Economic Market and Other 
Measures) Regulation  2016  45 
OPC61757 - A 3C  Subsection  134A(1) (note)  
Repeal the note, substitute:  
Note 1:  For designated owner  see section  131A.  
Note 2:  For objector  and seized goods  see section  6. 
3D  Subsection  135(2) (note)  
Repeal the note, subst itute:  
Note 1:  For designated owner  see section  131A.  
Note 2:  For seized goods , objector  and notified trade mark  see section  6. 
3E  Subsection  136(1) (note)  
Repeal the note, substitute:  
Note 1:  For designated owner  see section  131A.  
Note 2:  For seized goods  see section  6. 
3F  Subsections  136C(1) and 136D(1) (note)  
Repeal the note, substitute:  
Note 1:  For designated owner  see section  131A.  
Note 2:  For objector  and seized goods  see section  6. 
3G  Section  136E (note)  
Repeal the note, substitute:  
Note 1:  For designated owner  see section  131A.  
Note 2:  For seized goods  see section  6. 
3H  Subsection  137(3) (note)  
Repeal the note, substitute:  
Note 1:  For designated owner  see section  131A.  
Note 2:  For seized goods  see section  6. 
6  Items  4, 6 and 7 of Schedule  3 
Repeal the items.  
7  Schedule  4 (after the heading)  
Insert:  
Note  See regulation  13.8.  
8  Schedule  5 (after the heading)  
Insert:  
Note  See regulation  13.9.  
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Part 2   Amendments commencing 1 July 2017  
 
 
46 Intellectual Property Legislation Amendment (Single Economic Market and Other 
Measures) Regulation  2016   
OPC61757 - A Part 2—Amendments commencing 1  July 2017  
Plant Breeder’s Rights Regulations  1994  
9  After regulation  3 
Insert:  
3AA   Extension of Act to Norfolk Island  
  For the purposes of section  9B of the Act, this regulation prescribes that the Act 
extends to Norfolk Island.  
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