Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:6:p63
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 6 (pt 63/73)
Character Range: 311160–313902

to the appointment.
 (4) A registered patent attorney appointed under subregulation (1) or (2) may only act as a registered patent 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 patent attorney appointed under subregulation 20A.20(1) or (2) may, by written notice, request the former attorney to make available the following:
 (a) information about the patents work that the appointed attorney may reasonably require;
 (b) books, accounts or other documents about the patents work that the appointed attorney may reasonably require;
 (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 Criminal Code).

Part 6—Restoring attorney's name to Register of Patent Attorneys

20A.22  Restoring name to Register of Patent Attorneys
 (1) This regulation sets out circumstances in which the Designated Manager must restore to the Register of Patent Attorneys the name of an incorporated patent attorney that has been removed under:
 (a) regulation 20A.6, 20A.7 or 20A.8; or
 (b) subsection 201B(7) of the Act.
 (2) The Designated Manager must restore the name if:
 (a) the attorney requests the Designated Manager, in the form approved by the Designated Manager, to restore the name; and
 (b) the request includes:
 (i) the name of each patent attorney director of the company; and
 (ii) evidence that the company is a registered company under the Corporations Act 2001 or the Companies Act 1993 of New Zealand; and
 (iii) evidence that the company has adequate and appropriate professional indemnity insurance; and
 (c) the request is made:
 (i) if the name was removed under regulation 20A.7—on or before 1 September of the year that the name was removed from the Register of Patent Attorneys, or within a further period that the Designated Manager allows; or
 (ii) in