Commonwealth Consolidated Regulations

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Suspension of registration--serious offence

  (1)   The Designated Manager may, by written notice to a registered patent attorney, suspend the registered patent attorney's registration if the Designated Manager:

  (a)   is notified under subregulation   20.28A(1); or

  (b)   becomes aware that the registered patent attorney has been charged with a serious offence.

  (2)   If the Designated Manager suspends the registered patent attorney's registration:

  (a)   the suspension takes effect when the notice is given to the registered patent attorney; and

  (b)   the Designated Manager must:

  (i)   give written notice to the Board of the suspension; and

  (ii)   by written notice, give the registered patent attorney 28 days after the date of the notice (a show cause notice ) within which to show cause why the suspension should be lifted.

  (3)   The Designated Manager must consider any information provided by the registered patent attorney in response to the show cause notice.

  (4)   The Designated Manager must immediately end the suspension if:

  (a)   the Designated Manager becomes aware that the charge is not proceeded with or the prosecution of the charge is abandoned; or

  (b)   the Designated Manager becomes aware that the proceedings have been completed without a conviction being recorded; or

  (c)   the proceedings have been completed with a conviction being recorded and a Panel of the Disciplinary Tribunal decides not to continue the suspension or cancel the registered patent attorney's registration; or

  (d)   the Designated Manager considers that the suspension is no longer necessary.

  (5)   If the Designated Manager ends the suspension, the Designated Manager must notify, in writing, each of the following that the suspension has ended:

  (a)   the registered patent attorney;

  (b)   the Board;

  (c)   the President.


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