PATENT ATTORNEYS REGULATIONS (AMENDMENT) 1987 NO. 12 PATENT ATTORNEYS REGULATIONS (AMENDMENT) 1987 NO. 12 - TABLE OF PROVISIONS 1. Principal Regulations 2. Interpretation 3. Patent Attorneys Professional Standards Board 4. Registration of patent attorneys 5. 6. Heading to Part IVA 7. Schedule 1 8. 9. SCHEDULE 1987 No. 12 PATENT ATTORNEYS REGULATIONS (AMENDMENT) - REG 1 Principal Regulations 1. In these Regulations, "Principal Regulations" means the Patent Attorneys Regulations. 1987 No. 12 PATENT ATTORNEYS REGULATIONS (AMENDMENT) - REG 2 Interpretation 2. Regulation 3 of the Principal Regulations is amended - (a) by inserting in sub-regulation (1) before the definition of "examination" the following definitions: "'appoint' includes re-appoint; 'Board' means the Patent Attorneys Professional Standards Board established by regulation 5;"; (b) by omitting from sub-regulation (1) the definition of "the Board"; (c) by adding at the end of sub-regulation (1) the following definition: "'Tribunal' means the Patent Attorneys Disciplinary Tribunal established by regulation 25"; and (d) by omitting sub-regulation (2). 1987 No. 12 PATENT ATTORNEYS REGULATIONS (AMENDMENT) - REG 3 Patent Attorneys Professional Standards Board 3. Regulation 5 of the Principal Regulations is amended - (a) by omitting from sub-regulation (1) "For the purposes of this Part, there shall be a Board of Examiners of Patent Attorneys" and substituting "There is hereby established a Board to be known as the Patent Attorneys Professional Standards Board"; (b) by omitting from sub-regulation (2) "Subject to the next succeeding sub-regulation" and substituting "Subject to sub-regulations (3) and (5)"; (c) by omitting from sub-regulation (3) "Where" and substituting "Subject to sub-regulation (5), where"; and (d) by omitting sub-regulations (4), (5) and (6) and substituting the following sub-regulations: "(4) Subject to sub-regulation (5), an appointed member of the Board shall hold office for a period of 3 years and is eligible for reappointment. "(5) The Minister may remove any member of the Board from office for misbehaviour or incapacity.". 1987 No. 12 PATENT ATTORNEYS REGULATIONS (AMENDMENT) - REG 4 Registration of patent attorneys 4. Regulation 23 of the Principal Regulations is amended - (a) by omitting from paragraph (2)(a) "a British subject" and substituting "an Australian citizen"; and (b) by omitting from paragraph 2(e) "and acquainted". 1987 No. 12 PATENT ATTORNEYS REGULATIONS (AMENDMENT) - REG 5 5. The heading to Part IV, and regulations 25 to 30 (inclusive), of the Principal Regulations are repealed and the following heading and regulations substituted: "PART IV - DISCIPLINE Patent Attorneys Disciplinary Tribunal "25. There is hereby established a Tribunal to be known as the Patent Attorneys Disciplinary Tribunal. Appointment of Tribunal "26. (1) The Tribunal shall be constituted by a person appointed by instrument signed by the Minister. "(2) Subject to regulation 30, a person appointed under sub-regulation (1) holds office for such period as is specified in the instrument of his or her appointment and is eligible for re-appointment. "(3) A copy of an instrument referred to in sub-regulation (1) shall be published in the Official Journal. Tribunal - acting appointments "27. (1) The Minister may, by instrument signed by him or her, appoint a person to act in the office of the person constituting the Tribunal - (a) during a vacancy in that office, whether or not an appointment has previously been made to that office; or (b) during any period, or during all periods, when the person holding that office is, or is expected to be, absent from duty or from Australia or is, for any other reason, unable to perform the functions of the Tribunal, but a person appointed to act during a vacancy shall not continue so to act for more than 12 months. "(2) While a person is acting in the office of the person constituting the Tribunal, that person has, and may exercise, all the powers and shall perform all the functions of the Tribunal. "(3) An appointment under sub-regulation (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment. "(4) The validity of anything done by a person purporting to act under sub-regulation (1) shall not be called in question on the ground that the occasion for his or her appointment had not arisen, that there is a defect or irregularity in or in connection with his or her appointment, that the appointment had ceased to have effect or that the occasion for the person to act had not arisen or had passed. "(5) A copy of an instrument referred to in sub-regulation (1) shall be published in the Official Journal. Qualifications for holding, or acting in, the office of Tribunal "28. A person is not qualified to be appointed under sub-regulation 26(1), 27(1) or 29(2) unless he or she is enrolled, and has for a period of not less than 7 years been enrolled, as a barrister, a solicitor, a barrister and solicitor or a legal practitioner of the High Court or of the Supreme Court of a State or Territory. Disclosure of interest "29. (1) Where a person constituting the Tribunal, or acting in the office of the person constituting the Tribunal, has or acquires any interest, pecuniary or otherwise, that could conflict with the proper performance of his or her functions in relation to proceedings instituted before the Tribunal - (a) the person shall disclose the nature of the interest to the parties to the proceedings; and (b) except with the consent of those parties, the person shall not perform those functions. "(2) Where, by virtue of the operation of sub-regulation (1), a person constituting the Tribunal, or acting in the office of the person constituting the Tribunal, is unable to perform his or her functions in relation to proceedings instituted before the Tribunal, the Minister may, by instrument signed by him or her, appoint another person to be the person constituting the Tribunal for the purposes of those proceedings. "(3) A person who holds an appointment under sub-regulation (2) for the purposes of particular proceedings may exercise all the powers, and shall perform all the functions, of the Tribunal in relation to those proceedings. "(4) A decision duly made by a person appointed under sub-regulation (2) has the same force and effect as if it were made by the Tribunal. "(5) A copy of an instrument referred to in sub-regulation (2) shall be published in the Official Journal. Removal from office "30. (1) The Minister may terminate the appointment of a person constituting the Tribunal or a person acting in the office of the person constituting the Tribunal for inefficiency, misbehaviour or physical or mental incapacity. "(2) Where a person constituting the Tribunal or acting in the office of the person constituting the Tribunal has failed, without reasonable excuse, to disclose the nature of an interest that under regulation 29 he or she is required to disclose, the Minister shall remove that person from office. Resignation from Tribunal "30A. A person constituting the Tribunal or acting in the office of the person constituting the Tribunal may resign his or her office by writing signed by him or her and delivered to the Minister. Complaints "30B. (1) The Institute of Patent Attorneys of Australia, being a body incorporated under the law of the State of Victoria, or a person whose interests are affected by the professional conduct of a patent attorney, may make a complaint in writing to the Board against that patent attorney in respect of his or her professional conduct. "(2) The Institute of Patent Attorneys of Australia or any other person may make a complaint in writing to the Board against a patent attorney in relation to the continuing registration of the patent attorney on one or both of the following grounds, namely: (a) that the patent attorney obtained his or her registration by fraud; (b) that the patent attorney did not, at the time of his or her registration, possess a qualification that, at that time, he or she was required by law to possess. "(3) A complaint against a registered patent attorney - (a) shall state the nature of the complaint; (b) shall set out the name and address of the complainant and the name and address, if that address is known to the complainant, of the patent attorney against whom the complaint is made; (c) shall be signed by the complainant; and (d) shall be accompanied by a statutory declaration setting out the facts on which the complainant relies to support his or her complaint. "(4) The Board shall furnish a patent attorney against whom a complaint has been made with a copy of the complaint and the statutory declaration accompanying the complaint and may request the patent attorney to furnish the Board within such period as it specifies, being a period of not less than 21 days, with a statement in writing replying to the complaint. "(5) The Board may request the Commissioner, the complainant or the patent attorney against whom a complaint has been made to furnish it with additional information within the period of 21 days after the day on which the request under sub-regulation (4) was made or within such longer period as the Board, within that time, allows. "(6) The Board shall consider a complaint made to it under this regulation together with any reply or additional information furnished to it under this regulation. Board to authorize institution of proceedings in certain circumstances "30C. (1) Where it appears to the Board, after consideration of a complaint under sub-regulation 30B(1), that the patent attorney to whom the complaint relates may be guilty of unsatisfactory conduct or unprofessional conduct, the Board shall authorize the complainant in writing to institute proceedings against the patent attorney before the Tribunal charging the patent attorney with unsatisfactory conduct or unprofessional conduct, as the case requires. "(2) Where it appears to the Board, after consideration of a complaint under sub-regulation 30B(2), that there are grounds for believing that a person should no longer be registered as a patent attorney, the Board shall authorize the complainant in writing to institute proceedings against the patent attorney before the Tribunal in respect of his or her registration as a patent attorney. "(3) Where the Board authorizes under sub-regulation (1) or (2) a complainant to institute proceedings against a patent attorney, it shall inform the complainant of his or her entitlement to request the Board to institute those proceedings on the complainant's behalf. "(4) A person is not entitled to institute proceedings against a patent attorney before the Tribunal unless he or she is authorized to do so under this regulation. "(5) Where a person who is authorized by the Board to institute proceedings against a patent attorney before the Tribunal - (a) informs the Board that he or she wishes the Board to institute proceedings against the patent attorney - the Board shall institute the proceedings before the Tribunal; or (b) fails to so institute proceedings within 21 days after the day on which notification of authorization is forwarded to him or her by the Board - the Board may institute the proceedings before the Tribunal. "(6) Where a person who has duly instituted proceedings before the Tribunal fails to continue the proceedings, the Board may continue those proceedings before the Tribunal in place of that person. "(7) Where the Board authorizes the institution of proceedings against a patent attorney before the Tribunal, the Board shall - (a) forward to the Tribunal copies of the complaint and all other documents in its possession relevant to the complaint; and (b) by notice in writing sent to the patent attorney, inform the patent attorney that it has so authorized the institution of proceedings against the patent attorney. "(8) Where, after consideration of a complaint made against a patent attorney under regulation 30B, the Board decides not to authorize the institution of proceedings, the Board shall give written notice of its decision to the complainant and the patent attorney. "(9) In this regulation - 'unsatisfactory conduct' means not having attained or sustained a professional standard that is consistent with the standard of practice of patent attorneys; 'unprofessional conduct' means conduct on the part of a patent attorney whereby he or she can be regarded as committing a gross failure to comply with the standards which, in the circumstances, it is reasonable to require the patent attorney to observe. Institution of proceedings "30D. (1) Proceedings against a patent attorney arising from a complaint under regulation 30B shall be instituted before the Tribunal by lodging with the Tribunal a copy of the complaint made to the Board together with, in the case of proceedings instituted by a complainant authorized by the Board under sub-regulation 30C(1) or (2), a copy of the authorization by the Board referred to in that sub-regulation. "(2) Where proceedings against a patent attorney are instituted before the Tribunal, the Tribunal shall fix a time and place for the hearing of the matter and shall inform the parties to the proceedings accordingly. "(3) The time of a hearing referred to in sub-regulation (2) shall be not less than 21 days after the day on which the patent attorney against whom the proceedings are instituted is informed, under that sub-regulation, of the time and place fixed for the hearing of the matter. Procedure of Tribunal "30E. (1) Subject to this Part, the procedure of the Tribunal shall be determined by the Tribunal. "(2) Proceedings before the Tribunal shall be conducted with as little formality and technicality and with as much expedition as the requirements of these Regulations, and a proper consideration of the matter before the Tribunal, permit. "(3) The Tribunal is not bound by any rules of evidence but may inform itself on any matter in such manner as it thinks fit. "(4) The Tribunal may take evidence on oath or affirmation and, for that purpose, the Tribunal may administer an oath or affirmation. Summoning of witnesses "30F. (1) For the purposes of a hearing before the Tribunal, the Tribunal may, by writing signed by the person constituting the Tribunal - (a) summon any person, other than the patent attorney against whom the proceedings were instituted, to appear at the hearing to give evidence of the charge and to produce such documents, if any, as are referred to in the summons; or (b) summon the patent attorney against whom the proceedings were instituted to appear at the hearing - (i) to produce such documents, if any, as are referred to in the summons; and (ii) to give evidence for the purpose only of identifying those documents. "(2) A summons under sub-regulation (1) to a person shall be served on the person. "(3) A patent attorney summoned under this regulation to appear at a hearing shall appear in person. Representation before Tribunal "30G. (1) At a hearing of proceedings before the Tribunal, a party to the proceedings may appear in person or be represented by a legal practitioner or, with the leave of the Tribunal, by another person. "(2) A party to proceedings before the Tribunal, or a legal practitioner or other person representing such a party, may request the Tribunal to summon witnesses to attend a hearing of the proceedings and may examine witnesses appearing at the hearing and address the Tribunal. Offences by persons appearing before the Tribunal "30H. (1) A person summoned to appear before the Tribunal shall not, without reasonable excuse, and after tender of reasonable expenses - (a) fail to appear as required by the summons; (b) fail to produce documents or articles as required by the summons; or (c) fail to appear and report to the Tribunal from day to day unless excused by the Tribunal. Penalty: $1,000 or imprisonment for 6 months, or both. "(2) A person appearing as a witness at a hearing before the Tribunal, whether summoned to appear or not, shall not, without reasonable excuse - (a) refuse or fail to be sworn or to make an affirmation; or (b) refuse or fail to answer a question that he or she is required by the Tribunal to answer. Penalty: $1,000 or imprisonment for 6 months, or both. "(3) A patent attorney against whom proceedings have been instituted who is summoned to appear at a hearing before the Tribunal in respect of those proceedings shall not, without reasonable excuse - (a) refuse or fail to be sworn or to make an affirmation; or (b) refuse or fail to answer a question relevant to the evidence that he or she was summoned to give. Penalty: $1,000 or imprisonment for 6 months, or both. "(4) It is a reasonable excuse for a person referred to in sub-regulation (2) or (3) to refuse or fail to answer a question or to produce a document or article, if the answer to the question, or the document, may tend to prove that he or she has committed an offence against a law of the Commonwealth or of a State or Territory. Protection of members of Tribunal, witnesses, &c. "30J. (1) A person - (a) constituting the Tribunal; (b) acting in the office of the person constituting the Tribunal; or (c) appointed under sub-regulation 29(2), has, in the exercise of his or her powers and the performance of his or her functions under this Part, the same protection and immunity as a Justice of the High Court. "(2) A member of the Board has, in considering complaints under this Part and authorizing the institution of proceedings before the Tribunal, the same protection and immunity as a Justice of the High Court. "(3) A legal practitioner or other person appearing before the Tribunal has the same protection and immunity as a barrister has in appearing for a party in proceedings in the High Court. "(4) Subject to this Part, a person summoned to attend or appearing before the Tribunal as a witness has the same protection, and is, in addition to the penalties provided by this Part, subject to the same liabilities, as a witness in proceedings in the High Court. Hearings to be public except in special circumstances "30K. (1) Subject to sub-regulation (2), a hearing before the Tribunal shall be in public. "(2) Where the Tribunal is satisfied that it is desirable to do so in the public interest or by reason of the confidential nature of any evidence or matter, the Tribunal may - (a) direct that a hearing, or a part of a hearing, shall take place in private and give directions as to the persons who may be present; and (b) give directions restricting or prohibiting the publication or disclosure - (i) of evidence given before the Tribunal, whether in public or in private; (ii) of any matters contained in documents lodged with the Tribunal or received in evidence by the Tribunal; or (iii) of any finding or decision of the Tribunal in relation to the proceedings. "(3) A person who contravenes or fails to comply with a direction under this regulation that is applicable to him or to her is guilty of an offence punishable, on conviction, by a fine not exceeding $500. Decision of Tribunal "30L. (1) Where the Tribunal, after the hearing of a charge against a patent attorney of unsatisfactory conduct or unprofessional conduct, finds that the patent attorney has been guilty of unsatisfactory conduct, the Tribunal may - (a) reprimand the patent attorney; or (b) determine that the registration under Part XV of the Act of the patent attorney be suspended for a period not exceeding 12 months. "(2) Where the Tribunal, after the hearing of a charge against a patent attorney of unsatisfactory conduct or unprofessional conduct, finds that the patent attorney has been guilty of unprofessional conduct, the Tribunal may - (a) determine that the registration under Part XV of the Act of the patent attorney be cancelled; (b) determine that the registration under Part XV of the Act of the patent attorney be suspended for a period not exceeding 12 months; or (c) reprimand the patent attorney. "(3) In exercising its powers referred to in sub-regulation (1) or (2), the Tribunal may take into account its findings in relation to the conduct of the patent attorney in any other proceedings instituted before the Tribunal in respect of that patent attorney. "(4) Where the Tribunal, after conducting a hearing in respect of proceedings instituted before it in respect of the registration of a person as a patent attorney, finds that the patent attorney obtained his or her registration by fraud, the Tribunal shall determine that the registration under Part XV of the Act of the patent attorney be cancelled. "(5) Where the Tribunal, after conducting a hearing in respect of proceedings instituted before it in respect of the registration of a person as a patent attorney, finds that the patent attorney did not, at the time of his or her registration, possess a qualification that, at that time, he or she was required by law to possess, the Tribunal may - (a) in a case where the patent attorney has subsequently obtained the qualification or is no longer required to possess the qualification - reprimand the patent attorney; or (b) in any other case - determine that the registration under Part XV of the Act of the patent attorney be cancelled. "(6) The Tribunal shall, upon the completion of proceedings instituted before it, cause to be sent to the parties to the proceedings and to the Commissioner notice in writing of the findings of the Tribunal in relation to the proceedings and, if the Tribunal has reprimanded the patent attorney or made a determination in relation to the patent attorney, of the reprimand or determination, as the case may be. Suspension or cancellation of registration "30M. (1) Where the Tribunal determines that the registration under Part XV of the Act of a patent attorney be suspended, the registration of that patent attorney is suspended for the period specified in the determination and the Commissioner shall note the fact of the suspension and its duration on the Register. "(2) Where the Tribunal determines that the registration under Part XV of the Act of a patent attorney be cancelled, the registration of that patent attorney is cancelled accordingly and the Commissioner shall remove the name of the person from the Register. Publication of decision of Tribunal "30N. The Tribunal may direct the Commissioner to publish in the Official Journal a copy of a notice sent under sub-regulation 30L (6) or an extract from such a notice and, where the Commissioner is so directed, the Commissioner shall so publish that copy or extract as soon as practicable. Completion of outstanding business of former patent attorneys "30P. (1) In this regulation and in regulation 30Q, a reference to a former patent attorney shall be read as a reference to a patent attorney whose registration under Part XV of the Act has been suspended or cancelled by virtue of a determination made under sub-regulation 30L (1), (2), (3), (4) or (5) by the Tribunal. "(2) Subject to this regulation, where the Tribunal, under regulation 30L, determines that the registration under Part XV of the Act of a patent attorney be suspended or cancelled, the Tribunal may appoint another patent attorney, with the consent of that other patent attorney, to complete any outstanding business of the former patent attorney that the former patent attorney had commenced to undertake but had not completed before his or her registration was suspended or cancelled. "(3) An appointment under sub-regulation (2) of a patent attorney may be expressed to have effect - (a) in the case of the appointment of a patent attorney to complete the outstanding business of a former patent attorney whose registration under Part XV of the Act has been suspended - for the duration of the period of that suspension; or (b) in the case of the appointment of a patent attorney to complete the outstanding business of a former patent attorney whose registration under Part XV of the Act has been cancelled by the Tribunal - until that business is completed or otherwise disposed of, or for such lesser period as the Tribunal specifies in the instrument of appointment. "(4) Nothing in this regulation authorizes a patent attorney to act as a patent attorney on behalf of a person without the consent of that person. Former patent attorneys to provide information concerning their outstanding business "30Q. (1) A patent attorney appointed under sub-regulation 30P(2) to complete any outstanding business of a former patent attorney may, by notice in writing sent to the former patent attorney, require the former patent attorney to make available to him or her - (a) any information concerning that business that he or she may reasonably require; (b) any books, accounts and other documents concerning that business that he or she may reasonably require; and (c) any moneys held by the former patent attorney on behalf of a client or moneys held by the former patent attorney being moneys that have been paid in respect of services that have not been rendered to or on behalf of that client. "(2) A former patent attorney to whom a notice under sub-regulation (1) has been sent who, without reasonable excuse, fails to comply with the requirements set out in the notice is guilty of an offence punishable, on conviction, by a fine not exceeding $500. Service of notices "30R. (1) A notice, summons or document that under this Part is required to be sent to, or served on, a person may be - (a) delivered to the person personally; or (b) sent to the person by post addressed to him or her at his or her last known place of business or residence. "(2) A notice, summons or document that under this Part is required to be sent to, or served on, a patent attorney may be sent to him or her at his or her address as shown in the Register. Review by Administrative Appeals Tribunal "30S. (1) An application may be made to the Administrative Appeals Tribunal for review of a decision of the Board referred to in sub-regulation 30C (8) or for review of a decision of the Tribunal under regulation 30L. "(2) Where the Board or the Tribunal makes a decision referred to in sub-regulation (1), it shall cause a notice in writing to be given to the person whose interests are adversely affected by the decision - (a) setting out the decision, the findings on material questions of fact, referring to the evidence or other material on which those findings were based, and giving the reasons for the decision; and (b) including a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, the person to whom the notice is addressed is entitled to apply to the Administrative Appeals Tribunal for a review of the decision. "(3) The validity of a decision referred to in sub-regulation (1) shall not be taken to be affected by a failure to include in a notice for the purpose of sub-regulation 30C (8) or 30L (6) or for the purposes of sub-regulation (2) a statement in accordance with paragraph (2)(b). "(4) In this regulation 'decision' has the same meaning as in the Administrative Appeals Tribunal Act 1975.". 1987 No. 12 PATENT ATTORNEYS REGULATIONS (AMENDMENT) - REG 6 Heading to Part IVA 6. Before regulation 31 of the Principal Regulations the following heading is inserted: "PART IVA - PAYMENT OF REGISTRATION FEE". 1987 No. 12 PATENT ATTORNEYS REGULATIONS (AMENDMENT) - REG 7 Schedule 1 7. The First Schedule to the Principal Regulations is amended - (a) by omitting "FIRST SCHEDULE" and substituting "SCHEDULE 1"; and (b) by omitting Form 6 and substituting the following form: FORM 6 Sub-regulation 23(1) COMMONWEALTH OF AUSTRALIA Patents Act 1952 FORM OF APPLICATION FOR REGISTRATION AS A PATENT ATTORNEY TO THE COMMISSIONER OF PATENTS: I, , of (here insert business address), hereby apply for registration as a patent attorney. 2. I was born at on the day of 19 . 3. I am an Australian citizen by reason of . 4. I have passed in all the subjects of the examination prescribed by regulation 10 of the Patent Attorneys Regulations for the purposes of paragraph 133(3)(c) of the Patents Act 1952. or I have passed in all the subjects of the examination prescribed by regulation 10 of the Patent Attorneys Regulations for the purposes of paragraph 133(3)(c) of the Patents Act 1952, being the subjects that under sub-regulation 11(1) or (2) I am required to pass. or I have passed in all the subjects of the examination prescribed by sub-regulation 19(2) of the Patent Attorneys Regulations for the purposes of paragraph 133(3)(c) of the Patents Act 1952. 5. I possess the other qualifications prescribed by regulation 20 of the Patent Attorneys Regulations for the purposes of paragraph 133(3)(d) of the Patent Act 1952. In the case of an application by a legal practitioner - 6. I am a legal practitioner having been admitted as a at on the day of 19 . In the case of an application by a person registered as a patent agent in the United Kingdom - 7. I am a person registered as a patent agent in the United Kingdom having been so registered on the day of 19 . 8. I have been employed by of , a person registered as a patent attorney under Part XV of the Patents Act 1952, as a technical assistant in the conduct of his or her practice in matters arising under that Act or the Acts repealed by that Act from the day of 19 , to the day of 19 or the date of this application. 9. I am a person of good fame and character and I furnish herewith certificates by - (a) , of ; (b) , of ; and (c) , of , to whom I have been known for not less than 12 months. 10. I also furnish the following evidence in support of the statements made in paragraphs 2, 3, 4, 5, 6, 7 and 8 (strike out 6 or 7, or both, if not applicable) of this application: Dated 19 . Signature of applicant 1987 No. 12 PATENT ATTORNEYS REGULATIONS (AMENDMENT) - REG 8 8. The Principal Regulations are further amended as set out in the Schedule. 1987 No. 12 PATENT ATTORNEYS REGULATIONS (AMENDMENT) - REG 9 9. (1) A person who, immediately before the commencement of these Regulations, was an elected member of the Board of Examiners of Patent Attorneys established by the Patent Attorneys Regulations shall be, on the date of commencement of these Regulations, a member of the Patent Attorneys Professional Standards Board as if he or she had been elected under paragraph 5(1)(b) of those Regulations as amended by these Regulations and shall hold office for the unexpired portion of the term for which he or she was elected to the Board of Examiners of Patent Attorneys. (2) A person who, immediately before the commencement of these Regulations was an appointed member of the Board of Examiners of Patent Attorneys shall be, on the date of commencement of these Regulations, a member of the Patent Attorneys Professional Standards Board as if he or she had been appointed under paragraph 5(1)(c) of the Patent Attorneys Regulations as amended by these Regulations and shall hold office for the unexpired portion of the period of 3 years commencing on the date of his or her appointment. (3) Any determination made, or any instruction, notification, recognition or approval given, by the Board of Examiners of Patent Attorneys and in force immediately before the date of commencement of these Regulations, and any certificate issued by that Board, has effect on and after that date as if it had been made, given or issued, as the case may be, by the Patent Attorneys Professional Standards Board under the Patent Attorneys Regulations as amended by these Regulations. 1987 No. 12 PATENT ATTORNEYS REGULATIONS (AMENDMENT) - SCHEDULE SCHEDULE Regulation 8 FORMAL AMENDMENTS ------------------------------------------------------------------------------ - Provision Amendment ------------------------------------------------------------------------------ - Sub-regulation 4(1) . . . . . . . Omit "the Second Schedule to these Regulations", substitute "Schedule 2". Sub-regulation 31(1) . . . . . . . Omit "the Second Schedule to these Regulations", substitute "Schedule 2". Sub-regulation 31(2) . . . . . . . Omit "the Second Schedule to these Regulations within fourteen", substitute "Schedule 2 within 14". Sub-regulation 32(1) . . . . . . . Omit "the Second Schedule", substitute "Schedule 2". The Schedules . . . . . . . . . . Omit "THE SCHEDULES.". First Schedule . . . . . . . . . . (a) Omit "FIRST SCHEDULE.", substitute "SCHEDULE 1". (b) Omit "Regulation 3(2).". (c) Omit "AUSTRALIA." from the headings to Forms 1, 2, 3, 3A, 3B, 4, 5, 7, 8 and 9, substitute " COMMONWEALTH OF AUSTRALIA". (d) Omit "Board of Examiners of Patent Attorneys" (wherever occurring) from Forms 1, 2, 3, 3A, 3B, 4 and 5, substitute "Patent Attorneys Professional Standards Board". (e) Omit "BOARD OF EXAMINERS OF PATENT ATTORNEYS" from the heading to Forms 3A, 3B, 4 and 5, substitute "PATENT ATTORNEYS PROFESSIONAL STANDARDS BOARD". Second Schedule . . . . . . . . . Omit "SECOND SCHEDULE", substitute "SCHEDULE 2". ------------------------------------------------------------------------------ - - NOTES 1987 No. 12*1* PATENT ATTORNEYS REGULATIONS*2* (AMENDMENT) *1*Notified in the Commonwealth of Australia Gazette on 4 February 1987. *2*Statutory Rules 1954 No. 40 as amended by 1957 No. 2; 1960 No. 14; 1964 No. 3 1969 No. 213; 1974 No. 206; 1975 No. 200; 1976 No. 237; 1977 No. 178; 1982 No. 233; 1983 No. 207; 1986 No. 260. 1969 No. 213; 1974 No. 206; 1975 No. 200; 1976 No. 237; 1977 No. 178; 1982 No. 233; 1983 No. 207; 1986 No. 260.