(1) A registered trade marks attorney appointed under subregulation 20A.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 ).