Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) The Board has the sole responsibility for commencing and conducting disciplinary proceedings against a registered patent attorney.
(2) The role of the Board in commencing disciplinary proceedings includes investigating, either as a result of information received or of its own motion, whether:
(a) a registered patent attorney 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.