(1) A person summoned to appear before a Panel of the Disciplinary Tribunal must comply with the summons by:
(a) appearing as required by the summons; and
(b) producing documents or articles as required by the summons; and
(c) appearing and reporting to the Panel, as required.
(2) It is a defence to a prosecution for an offence against subregulation (1) if:
(a) the defendant is prevented or hindered from complying with the summons by:
(i) a circumstance mentioned in Part 2.3 of the Criminal Code ; or
(ii) any other circumstance that the Panel Chair reasonably considers is an impediment to the defendant complying with the summons; or
(b) in relation to paragraph (1)(c)--the defendant is excused by the Panel Chair.
Note: A defendant bears an evidential burden in relation to the matters mentioned in subparagraph (2)(a)(i) (see section 13.3 of the Criminal Code ).
(3) A person commits an offence if:
(a) the person:
(i) is not a registered patent attorney to whom subregulation (5) applies; and
(ii) appears as a witness before a Panel of the Disciplinary Tribunal; and
(iii) has been paid expenses and allowances in accordance with Part 2 of Schedule 8; and
(c) the person refuses:
(i) to be sworn or make an affirmation; or
(ii) to answer a question relevant to the evidence that he or she was summoned to give.
(4) Strict liability applies to the physical element of an offence against subregulation (3) that is constituted by:
(a) the circumstance mentioned in subparagraph (3)(a)(i); and
(b) the circumstance mentioned in subparagraph (3)(a)(iii).
Note: For strict liability , see section 6.1 of the Criminal Code .
(5) A person commits an offence if the person:
(a) is a registered patent attorney against whom proceedings have been instituted; and
(b) is summoned to appear at a hearing before a Panel of the Disciplinary Tribunal in respect of those proceedings; and
(c) refuses:
(i) to be sworn or to make an affirmation; or
(ii) to answer a question relevant to the evidence that he or she was summoned to give.
(6) It is a defence for a person referred to in subregulation (3) or (5) to refuse to answer a question or to produce a document or article, if the answer to the question, or the document or article, may tend to prove that he or she has committed an offence against a law of the Commonwealth or of a State or Territory.