Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:6:p42
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 6 (pt 42/73)
Character Range: 258847–261517

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, the Panel Chair has:
 (i) ceased to be a member; or
 (ii) for any reason, ceased to be available as a member of the Panel.
 (2) The matter is to be reheard by a new Panel constituted in accordance with regulation 20.36.
 (3) 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 that matter.

20.36D  Member other than the Panel Chair unavailable to complete hearing
 (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.
 (2) Subject to regulation 20.36E, the Panel Chair may determine that:
 (a) the hearing and determination, or the determination, of the matter is to be completed by the Panel constituted by the remaining members of the Panel; or
 (b) the matter is to be reheard by a new Panel constituted in accordance with regulation 20.36.
 (3) If a matter is reheard under paragraph (2)(b), 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 that matter.

20.36E  No member ordinarily resident in same country as registered patent attorney subject to proceedings
 (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) the registered patent attorney who is subject to the proceedings is ordinarily resident in Australia or New Zealand; and
 (d) neither of the remaining members of the Panel is ordinarily resident in the same country as the registered patent attorney who is subject to the proceedings.
 (2) The Panel Chair must, as soon as practicable,