Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) A person summoned to appear before 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 Tribunal, 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 Disciplinary Tribunal 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 Tribunal.
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 the Disciplinary Tribunal; and
(iii) has been paid expenses and allowances; and
(b) the expenses and allowances have been determined by the Tribunal 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 paragraph (3) (b).
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 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.