Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:6:p56
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 6 (pt 56/73)
Character Range: 293533–296384

whether officers and employees of the incorporated patent 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 patent attorney's registration should be cancelled or suspended; and
 (c) be addressed and sent to the President.
 (5) The Board must give the incorporated patent attorney, as soon as practicable after the application is made to the Disciplinary Tribunal, a copy of the application.

Division 2—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 disciplinary proceedings.
 (4) Subject to subregulation 20A.11E(5), if disciplinary proceedings are commenced against an incorporated patent attorney that is incorporated in Australia or New Zealand, one of the members of the Panel that is conducting the proceedings must also be ordinarily resident in the same country as the country in which the incorporated patent attorney is registered.
Note: Regulation 20.64 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 of the Panel as the Panel Chair considers necessary for the purpose of conducting disciplinary proceedings being heard by the Panel; and
 (b) preside at all meetings of the Panel.
 (2) Subject to paragraph 20A.11D(2)(a) and subregulation 20A.11E(5), all members of a Panel of the Disciplinary Tribunal must be present at a meeting of the Panel.
 (3) A question arising at a meeting of a Panel of the Disciplinary Tribunal must be determined by a majority of the votes of the members of the Panel present and voting.
 (4) However, if, in accordance with paragraph 20A.11D(2)(a) or subregulation 20A.11E(5), a hearing of proceedings is continued with 2 members of the Panel, questions arising at the hearing must be determined by a unanimous vote of the 2 members.

20A.11B  Procedure of Panel of Disciplinary Tribunal
 (1) Subject to this Part, the procedures for convening meetings of a Panel of the Disciplinary Tribunal and for the conduct of business