Commonwealth Consolidated Regulations

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TRADE MARKS REGULATIONS 1995 - REG 21.35

Review of decisions

  (1)   In this regulation:

"decision" has the same meaning as in the Administrative Review Tribunal Act 2024 .

  (2)   Application may be made to the ART for review of a decision of:

  (a)   the Board under the following provisions:

  (i)   regulation   20.5 ('evidence of academic qualifications');

  (ii)   regulation   20.7 ('evidence of knowledge requirements'); or

  (b)   the Designated Manager under the following provisions of the Patents Regulations   1991 in their application to trade marks attorneys:

  (i)   regulation   20.28 ('failure to comply with continuing professional education requirements');

  (ii)   subregulation   20.29(3) (imposing a condition when restoring attorney's name to Register of Trade Marks Attorneys);

  (iii)   regulation   20.31 ('returning to the Register in other circumstances'); or

  (ba)   the Designated Manager under the following provisions:

  (i)   regulation   20.14B (suspending registration for serious offence);

  (ii)   regulation   20A.8 (failing to maintain professional indemnity insurance); or

  (bb)   a Panel of the Disciplinary Tribunal under regulation   20A.18 (decision of Panel of Disciplinary Tribunal); or

  (c)   a Panel of the Disciplinary Tribunal under the following provisions of the Patents Regulations   1991 in their application to trade marks attorneys:

  (i)   regulation   20.43 ('decision of Panel of Disciplinary Tribunal');

  (ii)   regulation   20.44 ('penalties--professional misconduct');

  (iii)   regulation   20.45 ('penalties--unsatisfactory professional conduct');

  (iv)   regulation   20.46 ('finding that attorney was unqualified at time of registration');

  (v)   regulation   20.47 ('finding that registration obtained by fraud').



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