Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:6:p61
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 6 (pt 61/73)
Character Range: 305936–308777

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 to prove that the person has committed an offence against a law of the Commonwealth or of a State or Territory.

20A.17  Protection of certain persons
 (1) A person who is a member of a Panel of the Disciplinary Tribunal conducting a hearing of disciplinary proceedings under this Part has, in the performance of his or her duties as a member of the Panel, the same protection and immunity as a Justice of the High Court.
 (2) A member of the Board has, in exercising a power under this Part, the same protection and immunity as a Justice of the High Court.
 (3) A legal practitioner or other person appearing before a Panel of the Disciplinary Tribunal has the same protection and immunity as a barrister has in appearing for a party in proceedings in the High Court.
 (4) A person summoned to attend or appearing before a Panel of the Disciplinary Tribunal as a witness:
 (a) has the same protection; and
 (b) is, in addition to the penalties provided by this Part, subject to the same liabilities;
as a witness in proceedings in the High Court.

20A.18  Decision of Panel of Disciplinary Tribunal
 (1) After hearing an application for the cancellation or suspension of the incorporated patent attorney's registration, a Panel of the Disciplinary Tribunal may:
 (a) cancel the attorney's registration as an incorporated patent attorney; or
 (b) suspend the attorney's registration as an incorporated patent attorney.
 (2) The Panel may also impose conditions on the attorney's return to the Register of Patent Attorneys after the cancellation has been lifted or the period of suspension has elapsed.
 (3) In making a decision under this regulation, the Panel may consider the following:
 (a) the professional misconduct engaged in;
 (b) the behaviour of the incorporated patent attorney's officers and employees;
 (c) whether officers and employees of the incorporated patent attorney had complied with the Code of Conduct;
 (d) findings made (regardless of when the findings were made) about the conduct of the incorporated attorney in any other proceedings brought before a relevant disciplinary tribunal;
 (e) findings made (regardless of when the findings were made) about the conduct of the incorporated attorney's employees and officers in any other proceedings brought before a relevant disciplinary tribunal;
 (f) if the incorporated patent attorney failed, without reasonable excuse, to provide information requested by the Board under subregulation 20A.10(2)—the incorporate patent attorney's failure to provide requested information.
 (4) In this regulation:
relevant disciplinary tribunal means any