Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:6:p40
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 6 (pt 40/73)
Character Range: 253631–256574

has been engaged in:
 (i) professional misconduct; or
 (ii) unsatisfactory professional conduct; or
 (b) at the time of his or her registration, a registered patent attorney did not hold either or both of the following:
 (i) the academic qualifications mentioned in regulation 20.6;
 (ii) the knowledge requirements mentioned in regulation 20.8; or
 (c) a registered patent attorney obtained his or her registration by fraud.
 (3) The Board may commence proceedings before the Disciplinary Tribunal against a registered patent attorney if the Board is satisfied that there is a reasonable likelihood of the attorney being found guilty of unsatisfactory professional conduct.
 (4) The Board must commence proceedings against a registered patent attorney before the Disciplinary Tribunal if the Board is satisfied that there is a reasonable likelihood of the attorney being found guilty of an offence under subregulation (2), other than of unsatisfactory professional conduct.
 (5) In deciding whether or not to commence disciplinary proceedings against a registered patent attorney, the Board may take into account patterns of behaviour of the attorney when deciding whether or not it is satisfied that there is a reasonable likelihood of the attorney being found guilty of an offence under subregulation (2).
 (6) In deciding whether or not a registered patent attorney has been engaged in:
 (a) professional misconduct; or
 (b) unsatisfactory professional conduct;
the Board must consider whether or not the attorney has complied with the Code of Conduct.

20.34  Board may require attorney to cooperate with investigation
 (1) In investigating whether or not to commence proceedings against a registered patent attorney, the Board may request the attorney who is the subject of the investigation to provide information.
 (2) The failure, without reasonable excuse, of a registered patent attorney to provide information requested by the Board under subregulation (1) is unsatisfactory professional conduct.

20.35  Commencing disciplinary proceedings
 (1) The Board must commence disciplinary proceedings by way of a notice given to the President.
 (2) A notice must be in writing and must set out the charges that are made against the registered patent attorney.
 (3) The Board must, as soon as practicable after giving a notice to the President, give a copy of the notice to the registered patent attorney who is the subject of the notice.

Division 2—Proceedings in Disciplinary Tribunal

20.36  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