Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:6:p41
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 6 (pt 41/73)
Character Range: 256342–259088

to be performed and exercised by a Panel of the Disciplinary Tribunal.
 (2) A Panel of the Disciplinary Tribunal is to be constituted by:
 (a) a Panel Chair; and
 (b) 2 other members determined by the Panel Chair under subregulation (3).
 (3) The Panel Chair is to determine, in writing, the other members of the Disciplinary Tribunal who are to constitute the Panel that is to conduct the disciplinary proceedings.
 (4) Subject to subregulation 20.36E(5), if disciplinary proceedings are commenced against a registered patent attorney who is ordinarily resident in Australia or New Zealand, one of the members of the Panel that is conducting the proceedings must also be ordinarily resident in the same country as the registered patent attorney.
Note: Regulation 20.64 sets out requirements relating to the disclosure of conflicts of interest.

20.36A  Meetings of Panel of Disciplinary Tribunal
 (1) The Panel Chair of a Panel of the Disciplinary Tribunal must:
 (a) convene such meetings of the Panel as the Panel Chair considers necessary for the purpose of conducting disciplinary proceedings being heard by the Panel; and
 (b) preside at all meetings of the Panel.
 (2) Subject to paragraph 20.36D(2)(a) and subregulation 20.36E(5), all members of a Panel of the Disciplinary Tribunal must be present at a meeting of the Panel.
 (3) A question arising at a meeting of a Panel of the Disciplinary Tribunal must be determined by a majority of the votes of the members of the Panel present and voting.
 (4) However, if, in accordance with paragraph 20.36D(2)(a) or subregulation 20.36E(5), a hearing of proceedings is continued with 2 members of a Panel of the Disciplinary Tribunal, questions arising at the hearing must be determined by a unanimous vote of the 2 members.

20.36B  Procedure of Panel of Disciplinary Tribunal
 (1) Subject to this Part, the procedures for convening meetings of a Panel of the Disciplinary Tribunal and for the conduct of business by a Panel of the Disciplinary Tribunal are as the Panel Chair determines.
 (2) Proceedings before the Panel are to be conducted quickly and informally, while allowing for proper consideration of the matter before the Panel.
 (3) The Panel is not bound by the rules of evidence but may be informed on any matter in the manner it chooses.
 (4) The Panel may take evidence on oath or on affirmation and, for that purpose, the Panel Chair may administer an oath or affirmation.

20.36C  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, the Panel Chair has:
 (i) ceased