Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:6:p59
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 6 (pt 59/73)
Character Range: 301018–303699

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.12  Notification of hearing
 (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.
 (3) The day of hearing must not be less than 21 days after the day the incorporated patent attorney is notified of the day, time and place for the hearing.

20A.13  Hearings to be public except in special circumstances
 (1) A hearing before a Panel of the Disciplinary Tribunal must be in public.
 (2) However, if the Panel Chair is reasonably satisfied that it is desirable to do so, in the public interest or because of the confidential nature of any evidence or matter, the Panel Chair may:
 (a) direct that a hearing, or a part of a hearing, is to take place in private and give directions as to the persons who may be present; and
 (b) give directions restricting or prohibiting the publication or disclosure of:
 (i) evidence given before the Panel, whether in public or in private; or
 (ii) matters contained in documents lodged with the Panel or received in evidence by the Panel.
 (3) A person commits an offence if the person:
 (a) is given a direction under paragraph (2)(a) or (b); and
 (b) does not comply with the direction.
Penalty: 5 penalty units.

20A.14  Representation before a Panel of Disciplinary Tribunal
 (1) At a hearing before a Panel of the Disciplinary Tribunal, the incorporated patent attorney must be represented by a patent attorney director of the incorporated patent attorney or a legal practitioner.
 (2) A party to proceedings before the Panel, or a representative of the party, may request the Panel Chair to summon witnesses.

20A.15  Summoning of witnesses
 (1) For the purpose of a hearing before a Panel of the Disciplinary Tribunal, the Panel Chair may, by written instrument signed by the Panel Chair:
 (a) summon a person to appear before the Panel to give evidence and to produce any documents or articles mentioned in the summons; or
 (b) summon a patent attorney director of the incorporated patent attorney to appear before the Panel:
 (i) to produce any documents or articles mentioned in the summons; and
 (ii) to give evidence to identify the documents or articles.
 (2) A patent attorney director who is summoned must appear in person.