Commonwealth Consolidated Regulations

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TRADE MARKS REGULATIONS 1995 - REG 20A.21

Former attorney may be required to provide assistance

  (1)   A registered trade marks attorney appointed under subregulation   2 0A.20(1) or (2) may, by written notice, request the former attorney to make available:

  (a)   information about the trade marks work that the appointed attorney may reasonably require; or

  (b)   books, accounts or other documents about the trade marks work that the appointed attorney may reasonably require; or

  (c)   money held by the former attorney:

  (i)   on behalf of a client; or

  (ii)   that has been paid by a client in relation to services not yet performed for the client.

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

  (a)   is a former attorney; and

  (b)   is given a notice under subregulation   (1); and

  (c)   fails to comply with the notice.

Penalty:   5 penalty units.

  (3)   It is a defence to a prosecution for an offence against subregulation   (2) if the former attorney is prevented or hindered from complying with a request in the notice by:

  (a)   a circumstance mentioned in Part   2.3 of the Criminal Code ; or

  (b)   any other circumstance that the relevant Panel Chair reasonably considers is an impediment to the defendant complying with the summons.

Note:   A defendant bears an evidential burden in relation to the question of whether he or she has a reasonable excuse (see section   13.3 of the Criminal Code ).


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