Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:6:p49
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 6 (pt 49/73)
Character Range: 276148–278812

Panel of the Disciplinary Tribunal must not appoint a registered patent attorney under subregulation (1) or (2) unless the registered patent attorney consents to the appointment.
 (4) This regulation does not allow a registered patent attorney to act as a registered patent attorney on behalf of a person without the consent of the person.

20.52  Former attorney may be required to provide assistance
 (1) A registered patent attorney appointed to carry on the practice of a former attorney may give a written notice requiring the former attorney to make available to the attorney so appointed:
 (a) any information about the practice that he or she may reasonably require; or
 (b) any books, accounts or other documents concerning the practice that he or she may reasonably require; or
 (c) any moneys held by the former attorney:
 (i) on behalf of a client; or
 (ii) that have been paid by a client in respect of services not yet performed for the client.
 (2) A former attorney who has been given a notice under subregulation (1) must not refuse to comply with a requirement in the notice.
Penalty: 5 penalty units.
 (3) It is a defence to a prosecution for an offence against subregulation (2) if the former attorney is prevented or hindered from complying with a requirement in the notice by:
 (a) a circumstance mentioned in Part 2.3 of the Criminal Code; or
 (b) any other circumstance that the Panel Chair of a relevant Panel of the Disciplinary Tribunal reasonably considers is an impediment to the defendant complying with the summons.
Note: A defendant bears an evidential burden in relation to the question of whether he or she has a reasonable excuse (see section 13.3 of the Criminal Code).

Part 9—Rights of registered patent attorneys

20.53  Lien
  A registered patent attorney has the same right of lien over documents and property of a client as a solicitor.

Part 10—Administration

Division 1—Trans‑Tasman IP Attorneys Board

20.56  Resignation and removal of members from Board
 (1) A member of the Board mentioned in paragraph 227A(2A)(a), (d) or (e) of the Act may resign by giving the Minister his or her resignation in writing.
 (2) The Minister may terminate the appointment of the Board Chair if the Board Chair:
 (a) has been absent from 3 consecutive meetings of the Board without leave given by the Board; or
 (b) is convicted in Australia or New Zealand of an offence punishable by imprisonment for at least 12 months; or
 (c) cannot perform his or her duties as Board Chair; or
 (d) has behaved in an offensive or disorderly way, or in a way that is likely to adversely affect the Board's reputation; or
 (e) has carried out his