Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:6:p60
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 6 (pt 60/73)
Character Range: 303458–306164

attorney to appear before the Panel:
 (i) to produce any documents or articles mentioned in the summons; and
 (ii) to give evidence to identify the documents or articles.
 (2) A patent attorney director who is summoned must appear in person.

20A.16  Offences by persons appearing before a Panel of Disciplinary Tribunal
 (1) A person commits an offence if the person:
 (a) is summoned to appear before a Panel of the Disciplinary Tribunal; and
 (b) does not comply with the summons by:
 (i) appearing as required by the summons; and
 (ii) producing documents or articles as required by the summons; and
 (iii) appearing and reporting to the Panel, as required.
Penalty: 10 penalty units.
 (2) It is a defence to a prosecution for an offence against subregulation (1) if:
 (a) the defendant is prevented or hindered from complying with the summons by:
 (i) a circumstance mentioned in Part 2.3 of the Criminal Code; or
 (ii) any other circumstance that the Panel Chair reasonably considers is an impediment to the defendant complying with the summons; or
 (b) in relation to subparagraph (1)(b)(iii)—the defendant is excused by the Panel Chair.
Note: A defendant bears an evidential burden in relation to the matters mentioned in subparagraph (2)(a)(i)(see section 13.3 of the Criminal Code).
 (3) A person commits an offence if:
 (a) the person:
 (i) is not a patent attorney director to whom subregulation (5) applies; and
 (ii) appears as a witness before a Panel of the Disciplinary Tribunal; and
 (iii) has been paid expenses and allowances in accordance with Part 2 of Schedule 8; and
 (c) the person refuses:
 (i) to be sworn or make an affirmation; or
 (ii) to answer a question relevant to the evidence that the person was summoned to give.
Penalty: 10 penalty units.
 (4) Strict liability applies to the physical element of an offence against subregulation (3) that is constituted by:
 (a) the circumstance mentioned in subparagraph (3)(a)(i); and
 (b) the circumstance mentioned in subparagraph (3)(a)(iii).
Note: For strict liability, see section 6.1 of the Criminal Code.
 (5) A person commits an offence if the person:
 (a) is a patent attorney director who has been summoned to appear at a hearing before a Panel of the Disciplinary Tribunal; and
 (b) refuses:
 (i) to be sworn or to make an affirmation; or
 (ii) to answer a question relevant to the evidence that the person was summoned to give.
Penalty: 10 penalty units.
 (6) It is a defence to a prosecution for an offence against subregulation (3) or (5) if a person mentioned in the subregulation refused to answer a question or to produce a document or article because the answer to the question, or the document or article, may tend