Document ID: chunk:federal_register_of_legislation:C2024C00455:section:210a
Version: federal_register_of_legislation:C2024C00455
Segment Type: section
Provision Reference: s 210A
Character Range: 243719–245040

210A  Sanctions for non‑compliance with Commissioner's requirements
 (1) The Commissioner may take one or more of the actions listed in subsection (2) in relation to a person if:
 (a) the Commissioner summons the person to appear as a witness under paragraph 210(1)(a) or requires the person to produce a document or article under paragraph 210(1)(c); and
 (b) the person refuses or fails to comply with the summons or requirement; and
 (c) the Commissioner is satisfied, on the balance of probabilities, that it is appropriate in the circumstances to take the action.
 (2) The actions the Commissioner may take are:
 (a) if the person is an applicant for a patent—a refusal to grant the patent (see subsection 61(1); and
 (b) the drawing of an inference unfavourable to the person's interest in proceedings before the Commissioner; and
 (c) actions of a kind that are prescribed by the regulations.
 (3) In deciding whether it is appropriate to take the action, the Commissioner must consider the following:
 (a) whether the person has a reasonable excuse for refusing or failing to comply with the summons or requirement;
 (b) whether the person has been offered payment of reasonable expenses associated with complying with the summons or requirement;
 (c) any other matter the Commissioner considers to be relevant.