Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:6:p43
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 6 (pt 43/73)
Character Range: 261284–263934

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, give the registered 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 as the registered patent attorney; and
 (c) the registered 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 20.36.
 (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 20.36(4), if the registered 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 20.36.
 (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 that matter.

20.37  Notification of hearing of disciplinary proceedings
 (1) As soon as practicable after receiving a notice under regulation 20.35, the Panel Chair of a Panel of the Disciplinary Tribunal must:
 (a) fix a day, time and place to hear the charges set out in the notice; and
 (b) notify the registered patent attorney and the Board of that day, time and place.
 (3) The time of hearing must not be less than 21 days after the day on which the registered patent attorney is notified of the time and place for the hearing.

20.38  Hearings to be public except in special circumstances
 (1) Subject to subregulation (2), a hearing before a Panel of the Disciplinary Tribunal must be in