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.