Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:6:p46
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 6 (pt 46/73)
Character Range: 268544–271282

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) Subject to this Part, 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.

20.43  Decision of Panel of Disciplinary Tribunal
 (1) If a Panel of the Disciplinary Tribunal has heard a charge of professional misconduct against a registered patent attorney, it may find the attorney guilty of professional misconduct.
 (2) If a Panel of the Disciplinary Tribunal has heard a charge of unsatisfactory professional conduct against a registered patent attorney, it may find the attorney guilty of unsatisfactory professional conduct.
 (3) If a Panel of the Disciplinary Tribunal has heard a charge that a registered patent attorney was unqualified at the time of his or her registration, it may find the attorney guilty of being unqualified at the time of registration.
 (4) If a Panel of the Disciplinary Tribunal has heard a charge that a registered patent attorney obtained his or her registration by fraud, it may find the attorney guilty of obtaining his or her registration by fraud.

20.44  Penalties—professional misconduct
 (1) Subject to subregulation (2), if a Panel of the Disciplinary Tribunal finds a registered patent attorney guilty of professional misconduct, it may:
 (a) cancel the attorney's registration as a patent attorney; or
 (b) suspend the attorney's registration as a patent attorney for a period of between 6 and 12 months.
 (2) The Panel may, in addition to cancelling or suspending a registered patent attorney's registration under subregulation (1), impose conditions on the attorney's return to the Register of Patent Attorneys after the cancellation has been lifted or the period of suspension has elapsed.
 (3) Without limiting subregulation (2), the conditions that the Panel may impose include either or both of the following:
 (a) that the attorney undertake additional continuing professional education, as specified by the Panel;
 (b) that the attorney work for a period of time, not exceeding 2 years, under the supervision of a person who has been a registered patent attorney for a period not less than 5 years.
 (4)