Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p125
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 312825–315583

incorporated trade marks attorney is suspended, the Designated Manager must note the suspension and its duration in the Register of Trade Marks Attorneys.
 (3) If the registration of an incorporated trade marks attorney is cancelled, the Designated Manager must remove the name of the incorporated trade marks attorney from the Register of Trade Marks Attorneys.

20A.20  Completion of outstanding business
 (1) If a Panel of the Disciplinary Tribunal cancels the registration of an incorporated trade marks attorney, the Panel Chair may appoint a registered trade marks attorney to complete the unfinished trade marks work of the former attorney.
 (2) If a Panel of the Disciplinary Tribunal suspends the registration of an incorporated trade marks attorney, the Panel Chair may appoint a registered trade marks attorney to carry on the former attorney's trade marks work for:
 (a) the period of the suspension; or
 (b) a specified period, not longer than the period of suspension.
 (3) The Panel Chair of a Panel of the Disciplinary Tribunal must not appoint a registered trade marks attorney under subregulation (1) or (2) unless the registered trade marks attorney consents to the appointment.
 (4) A registered trade marks attorney appointed under subregulation (1) or (2) may only act as a registered trade marks attorney for a client of the former attorney if the client has given consent for the appointed attorney to act.

20A.21  Former attorney may be required to provide assistance
 (1) A registered trade marks attorney appointed under subregulation 20A.20(1) or (2) may, by written notice, request the former attorney to make available:
 (a) information about the trade marks work that the appointed attorney may reasonably require; or
 (b) books, accounts or other documents about the trade marks work that the appointed attorney may reasonably require; or
 (c) money held by the former attorney:
 (i) on behalf of a client; or
 (ii) that has been paid by a client in relation to services not yet performed for the client.
 (2) A person commits an offence if the person:
 (a) is a former attorney; and
 (b) is given a notice under subregulation (1); and
 (c) fails to comply with 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 request in the notice by:
 (a) a circumstance mentioned in Part 2.3 of the Criminal Code; or
 (b) any other circumstance that the relevant Panel Chair 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