Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:6:p44
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 6 (pt 44/73)
Character Range: 263691–266364

the registered patent attorney is notified of the time and place for the hearing.

20.38  Hearings to be public except in special circumstances
 (1) Subject to subregulation (2), a hearing before a Panel of the Disciplinary Tribunal must be in public.
 (2) If the Panel Chair of a Panel of the Disciplinary Tribunal 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 it.
 (3) A person must comply with a direction given to him or her under this regulation.
Penalty: 5 penalty units.

20.39  Representation before Panel of Disciplinary Tribunal
 (1) At a hearing of proceedings before a Panel of the Disciplinary Tribunal, a party to the proceedings may appear in person or be represented by a legal practitioner.
 (2) The Panel Chair may allow a person to be represented by a person who is not a legal practitioner.
 (3) A party to proceedings before the Panel, or his or her representative, may request the Panel Chair to summon witnesses.

20.40  Summoning of witnesses
 (1) For the purpose of the hearing of a charge against a registered patent attorney before a Panel of the Disciplinary Tribunal, the Panel Chair may, by written instrument signed by the Panel Chair:
 (a) summon any person, other than the attorney, to appear before the Panel to give evidence about the charge and to produce any documents or articles mentioned in the summons; or
 (b) summon the 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 registered patent attorney summoned under this regulation must appear in person.

20.41  Offences by persons appearing before a Panel of Disciplinary Tribunal
 (1) A person summoned to appear before a Panel of the Disciplinary Tribunal must comply with the summons by:
 (a) appearing as required by the summons; and
 (b) producing documents or articles as required by the summons; and
 (c) 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: