Commonwealth Consolidated Regulations

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PATENTS REGULATIONS 1991 - REG 20.41

Offences by persons appearing before a Panel of Disciplinary Tribunal

  (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.

Penalty:   10 penalty units.

  (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.

Penalty:   10 penalty units.

  (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.

Penalty:   10 penalty units.

  (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.



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