Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p121
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 302800–305459

unavailable to complete hearing
 (1) This regulation applies if:
 (a) a hearing of proceedings in relation to a particular matter has been commenced or completed by a Panel of the Disciplinary Tribunal; and
 (b) before the matter has been determined, one of the members (other than the Panel Chair) constituting the Panel has:
 (i) ceased to be a member; or
 (ii) for any reason, ceased to be available as a member of the Panel.
 (2) The Panel Chair may determine that:
 (a) the hearing and determination, or the determination, of the matter is to be completed by the Panel constituted by the remaining members of the Panel; or
 (b) the matter is to be reheard by a new Panel constituted in accordance with regulation 20A.11.
 (3) If a matter is reheard under paragraph (2)(b), the new Panel may, for the purposes of performing or exercising the Disciplinary Tribunal's functions or powers in relation to that matter, have regard to any record of the proceedings before the Panel as previously constituted for the purposes of hearing that matter.

20A.12  Notification of hearing
 (1) As soon as practicable after receiving an application under regulation 20A.10, the Panel Chair of a Panel of the Disciplinary Tribunal must:
 (a) fix a day, time and place to hear the application; and
 (b) notify the incorporated trade marks attorney and the Board of that day, time and place.
 (3) The day of hearing must not be less than 21 days after the day the incorporated trade marks attorney is notified of the hearing.

20A.13  Hearings to be public except in special circumstances
 (1) A hearing before a Panel of the Disciplinary Tribunal must be in public.
 (2) However, if the Panel Chair is reasonably satisfied that it is desirable to do so, in the public interest or because of the confidential nature of any evidence or matter, the Panel Chair may:
 (a) direct that a hearing, or a part of a hearing, is to take place in private and give directions as to the persons who may be present; and
 (b) give directions restricting or prohibiting the publication or disclosure of:
 (i) evidence given before the Panel, whether in public or in private; or
 (ii) matters contained in documents lodged with the Panel or received in evidence by the Panel.
 (3) A person commits an offence if the person:
 (a) is given a direction under paragraph (2)(a) or (b); and
 (b) does not comply with the direction.
Penalty: 5 penalty units.

20A.14  Representation before Panel of Disciplinary Tribunal
 (1) At a hearing before a Panel of the Disciplinary Tribunal, the incorporated trade marks attorney must be represented by a trade marks attorney director of the incorporated