Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p119
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 297690–300614

an incorporated trade marks attorney has been suspended or cancelled under this Division.

20A.10  Board may apply for cancellation or suspension of incorporated trade marks attorney's registration
 (1) The Board may apply to the Disciplinary Tribunal to cancel or suspend an incorporated trade marks attorney's registration if:
 (a) a registered trade marks attorney who is, or was, an employee or officer of the incorporated trade marks attorney has, at any time, been found guilty of professional misconduct in accordance with Division 6 of Part 20; and
 (b) the professional misconduct occurred when the registered trade marks attorney was an employee or officer of the incorporated trade marks attorney; and
 (c) the trade marks attorney's registration was cancelled or suspended in accordance with Division 6 of Part 20 because he or she was found guilty of professional misconduct.
 (2) Before applying to the Disciplinary Tribunal, the Board may request the incorporated trade marks attorney to provide the Board with information relating to the professional misconduct.
 (3) In deciding whether to apply to the Disciplinary Tribunal, the Board may consider the following:
 (a) the professional misconduct engaged in by the registered trade marks attorney;
 (b) the behaviour of the incorporated trade marks attorney's officers and employees;
 (c) whether officers and employees of the incorporated trade marks attorney have complied with the Code of Conduct;
 (d) any information provided under subregulation (2).
 (4) An application by the Board to the Disciplinary Tribunal must:
 (a) be in writing; and
 (b) set out the reasons why the Board considers the incorporated trade marks attorney's registration should be cancelled or suspended; and
 (c) be addressed and sent to the President.
 (5) The Board must give the incorporated trade marks attorney, as soon as practicable after the application is made to the Disciplinary Tribunal, a copy of the application.

Subdivision B—Proceedings in Disciplinary Tribunal

20A.11  Panel of the Disciplinary Tribunal to be constituted
 (1) Except as otherwise provided by this Part, the Disciplinary Tribunal's functions and powers in relation to disciplinary proceedings under this Part are to be performed and exercised by a Panel of the Disciplinary Tribunal.
 (2) A Panel of the Disciplinary Tribunal is to be constituted by:
 (a) a Panel Chair; and
 (b) 2 other members determined by the Panel Chair under subregulation (3).
 (3) The Panel Chair is to determine, in writing, the other members of the Disciplinary Tribunal who are to constitute the Panel that is to conduct the proceedings.
Note: Regulation 20.64 of the Patents Regulations 1991 sets out requirements relating to the disclosure of conflicts of interest.

20A.11A  Meetings of Panel of Disciplinary Tribunal
 (1) The Panel Chair of a Panel of the Disciplinary Tribunal must:
 (a) convene such meetings