Commonwealth Consolidated Regulations

TRADE MARKS REGULATIONS 1995 - REG 20A.16

             (1)  A person commits an offence if the person:

                     (a)  is summoned to appear before a Panel of the Disciplinary Tribunal; and

                     (b)  does not comply with the summons by:

                              (i)  appearing as required by the summons; and

                             (ii)  producing documents or articles as required by the summons; and

                            (iii)  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 subparagraph (1)(b)(iii)--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 trade marks attorney director 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 to the Patents Regulations 1991 ; and

                     (c)  the person refuses:

                              (i)  to be sworn or make an affirmation; or

                             (ii)  to answer a question relevant to the evidence that the person 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 trade marks attorney director who has been summoned to appear at a hearing before a Panel of the Disciplinary Tribunal; and

                     (b)  refuses:

                              (i)  to be sworn or to make an affirmation; or

                             (ii)  to answer a question relevant to the evidence that the person was summoned to give.

Penalty:  10 penalty units.

             (6)  It is a defence to a prosecution for an offence against subregulation (3) or (5) if a person mentioned in the subregulation refused to answer a question or to produce a document or article because the answer to the question, or the document or article, may tend to prove that the person has committed an offence against a law of the Commonwealth or of a State or Territory.