Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:6:p51
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 6 (pt 51/73)
Character Range: 280819–283572

20.59  Quorum for Board meetings
 (1) At a meeting of the Board, a quorum is formed by the majority of the members of the Board.
 (2) One of the members of the majority must be ordinarily resident in Australia and one of the members of the majority must be ordinarily resident in New Zealand.

Division 2—Trans‑Tasman IP Attorneys Disciplinary Tribunal

20.61  Establishment of the Trans‑Tasman IP Attorneys Disciplinary Tribunal
  The Trans‑Tasman IP Attorneys Disciplinary Tribunal is established.

20.61A  Functions of Disciplinary Tribunal
  The functions of the Disciplinary Tribunal are to hear and determine disciplinary proceedings commenced by the Board:
 (a) against a registered patent attorney in accordance with Part 8 of this Chapter or Part 5 of Chapter 20A; and
 (b) against a registered trade marks attorney (within the meaning of the Trade Marks Act 1995) in accordance with Division 6 of Part 20 of the Trade Marks Regulations 1995 or Division 5 of Part 20A of those Regulations.

20.62  Membership of the Disciplinary Tribunal etc.
 (1) The Disciplinary Tribunal consists of the following members:
 (a) a President;
 (b) at least 2 other members.
 (1A) Each Tribunal member is to be appointed by the Minister in writing on a part‑time basis.
 (2) A copy of the instrument of appointment must be published in the Official Journal.
 (3) A Tribunal member holds the office for the period specified in the instrument.
 (4) A Tribunal member may resign in writing given to the Minister.
 (5) The Minister may terminate the appointment of a Tribunal member for inefficiency, misbehaviour or incapacity.
 (6) If a Tribunal member:
 (a) becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or
 (b) is convicted in Australia or New Zealand of an offence punishable by imprisonment for 12 months or longer; or
 (c) fails, without reasonable excuse, to disclose a conflict of interest in accordance with regulation 20.64;
the Minister must terminate the Tribunal member's appointment.

20.63  Eligibility for appointment as Tribunal member

President
 (1) A person is not eligible to be appointed as President unless the person is enrolled as a legal practitioner (however described) in Australia or New Zealand and has been so enrolled for at least 7 years.

Other Tribunal members
 (2) A person is not eligible to be appointed as a Tribunal member (other than the President) unless the person:
 (a) is a registered patent attorney in Australia or New Zealand and has been so registered for at least 5 years; or
 (b) is a person who was, but is no longer, registered as a patent attorney