Commonwealth Consolidated Regulations

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PATENTS REGULATIONS 1991 - REG 20.64

Disclosure of interests

President

  (1)   If the President has or acquires an interest that could conflict with the proper performance of his or her functions as Panel Chair in relation to proceedings that he or she is hearing or is to hear, the President:

  (a)   must tell the parties to the proceedings about the interest; and

  (b)   must not perform those functions without the consent of the parties.

  (2)   If the President is unable to perform his or her functions because of a conflict of interest, the Minister may, in writing, appoint another person to be the Panel Chair for the purpose of conducting or completing those proceedings.

  (3)   A person is not eligible for appointment under subregulation   (2) unless the person is eligible for appointment as President under subregulation   20.63(1).

  (4)   A person so appointed may exercise all the powers and must perform all of the functions of the Panel Chair in relation to those proceedings.

Other Tribunal members

  (5)   If a Tribunal Member (other than the President) has or acquires an interest that could conflict with the proper performance of his or her functions as a member of a Panel of the Disciplinary Tribunal in relation to proceedings that he or she is hearing or is to hear, the member:

  (a)   must tell the parties to the proceedings about the interest; and

  (b)   must not perform those functions without the consent of the parties.

  (6)   If the Tribunal member is unable to perform his or her functions because of a conflict of interest, the Panel Chair may in writing appoint another Tribunal member for the purpose of conducting or completing those proceedings.

 


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