Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p123
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 307694–310365

be sworn or make an affirmation; or
 (ii) to answer a question relevant to the evidence that the person was summoned to give.
Penalty: 10 penalty units.
 (4) Strict liability applies to the physical element of an offence against subregulation (3) that is constituted by:
 (a) the circumstance mentioned in subparagraph (3)(a)(i); and
 (b) the circumstance mentioned in subparagraph (3)(a)(iii).
Note: For strict liability, see section 6.1 of the Criminal Code.
 (5) A person commits an offence if the person:
 (a) is a trade marks attorney director who has been summoned to appear at a hearing before a Panel of the Disciplinary Tribunal; and
 (b) refuses:
 (i) to be sworn or to make an affirmation; or
 (ii) to answer a question relevant to the evidence that the person was summoned to give.
Penalty: 10 penalty units.
 (6) It is a defence to a prosecution for an offence against subregulation (3) or (5) if a person mentioned in the subregulation refused to answer a question or to produce a document or article because the answer to the question, or the document or article, may tend to prove that the person has committed an offence against a law of the Commonwealth or of a State or Territory.

20A.17  Protection of certain persons
 (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.
 (2) A member of the Board has, in exercising a power under this Part, the same protection and immunity as a Justice of the High Court.
 (3) A legal practitioner or other person appearing before a Panel of the Disciplinary Tribunal has the same protection and immunity as a barrister has in appearing for a party in proceedings in the High Court.
 (4) A person summoned to attend or appearing before a Panel of the Disciplinary Tribunal as a witness:
 (a) has the same protection; and
 (b) is, in addition to the penalties provided by this Part, subject to the same liabilities;
as a witness in proceedings in the High Court.

20A.18  Decision of Panel of Disciplinary Tribunal
 (1) After hearing an application for the cancellation or suspension of the incorporated trade marks attorney's registration, a Panel of the Disciplinary Tribunal may:
 (a) cancel the attorney's registration as an incorporated trade marks attorney; or
 (b) suspend the attorney's registration as an incorporated trade marks attorney.
 (2) The Panel may also impose conditions on the attorney's return to the Register of Trade Marks Attorneys after the cancellation has been lifted or