Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:6:p58
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 6 (pt 58/73)
Character Range: 298563–301269

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:
 (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; and
 (c) neither of the remaining members of the Panel is ordinarily resident in the same country in which the incorporated 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 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 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 Chair 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