Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:6:p45
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 6 (pt 45/73)
Character Range: 266124–268746

appearing and reporting to the Panel, as required.
Penalty: 10 penalty units.
 (2) It is a defence to a prosecution for an offence against subregulation (1) if:
 (a) the defendant is prevented or hindered from complying with the summons by:
 (i) a circumstance mentioned in Part 2.3 of the Criminal Code; or
 (ii) any other circumstance that the Panel Chair reasonably considers is an impediment to the defendant complying with the summons; or
 (b) in relation to paragraph (1)(c)—the defendant is excused by the Panel Chair.
Note: A defendant bears an evidential burden in relation to the matters mentioned in subparagraph (2)(a)(i) (see section 13.3 of the Criminal Code).
 (3) A person commits an offence if:
 (a) the person:
 (i) is not a registered patent attorney to whom subregulation (5) applies; and
 (ii) appears as a witness before a Panel of the Disciplinary Tribunal; and
 (iii) has been paid expenses and allowances in accordance with Part 2 of Schedule 8; and
 (c) the person refuses:
 (i) to be sworn or make an affirmation; or
 (ii) to answer a question relevant to the evidence that he or she 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 registered patent attorney against whom proceedings have been instituted; and
 (b) is summoned to appear at a hearing before a Panel of the Disciplinary Tribunal in respect of those proceedings; and
 (c) refuses:
 (i) to be sworn or to make an affirmation; or
 (ii) to answer a question relevant to the evidence that he or she was summoned to give.
Penalty: 10 penalty units.
 (6) It is a defence for a person referred to in subregulation (3) or (5) to refuse to answer a question or to produce a document or article, if the answer to the question, or the document or article, may tend to prove that he or she has committed an offence against a law of the Commonwealth or of a State or Territory.

20.42  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