EXPLANATORY STATEMENT
Administrative Appeals Tribunal (Patent Attorneys) Regulations
Statutory Rules 1987 No. 49
Issued by the Authority of the Attorney-General
These regulations, made under section 70 of the Administrative Appeals Tribunal Act 1975 (the Act), amend the Act by omitting Part XXIV of Schedule 1 to the Act.
Section 70 of the Act provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Paragraph 26(3)(c) of the Act provides that regulations may amend Schedule 1 to the Act by omitting any provision of the Schedule that has ceased to have effect by virtue of the operation of any other enactment. Sub-section 3(1) of the Act defines ‘enactment’ to include, inter alia, regulations.
The effect of sections 25 and 26 of the Act is that a person may apply to the Administrative Appeals Tribunal (AAT) for review of decisions provided for in Schedule 1 to the Act. Part XXIV of Schedule 1 provides that applications may be made to the AAT for review of an order by the Commissioner of Patents under regulation 27 of the Patent Attorneys Regulations (prior to their amendment) directing that the name of a patent attorney be removed from the Register of Patent Attorneys.
The Patent Attorneys Regulations have been amended by Statutory Rules No. 12 of 1987 to provide for the establishment of a Patent Attorneys Disciplinary Tribunal which has power, inter alia, to reprimand a patent attorney, or to suspend (for a period not exceeding 12 months) or cancel the registration of a patent attorney. The Patent Attorneys Regulations as amended contain separate provision for review by the AAT of decisions to reprimand a patent attorney, or to suspend or cancel the registration of a patent attorney. Therefore, Part XXIV of Schedule 1 to the Act no longer has any effect.
The Administrative Appeals Tribunal (Patent Attorneys) Regulations make amendments to the Act consequential upon the amendments to the Patent Attorneys Regulations by omitting Part XXIV of Schedule 1.
Details of the Administrative Appeals Tribunal (Patent Attorneys) Regulations are as follows -
Regulation 1 provides for the citation of the Regulations;
Sub-regulation 2(1) amends the Administrative Appeals Tribunal Act 1975 by omitting Part XXIV of Schedule 1 to the Act. Sub-regulation 2(2) a savings provision in respect of any applications to the AAT already commenced under Part XXIV of Schedule 1. Sub-regulation 2(2) provides that the omitting of Part XXIV of Schedule 1 does not affect any application made to the AAT under that Part before the commencement of the regulations, or any matter or thing arising out of, or any proceeding incidental to or connected with, any such application.
Overview
The Administrative Appeals Tribunal (Patent Attorneys) Regulations, Statutory Rules 1987 No. 49, were introduced to address the gap in the Administrative Appeals Tribunal Act 1975 (the Act) following amendments to the Patent Attorneys Regulations. These amendments established the Patent Attorneys Disciplinary Tribunal with powers to reprimand, suspend, or cancel the registration of patent attorneys, thereby rendering Part XXIV of Schedule 1 to the Act redundant. Enacted by the authority of the Attorney-General, these regulations amend the Act by omitting Part XXIV of Schedule 1, ensuring consistency with the updated disciplinary framework for patent attorneys. The policy objective is to streamline the review process by aligning the AAT's jurisdiction with the new disciplinary procedures, while preserving the rights of any ongoing applications under the former regime through a savings provision.
Scope and Application
The Administrative Appeals Tribunal (Patent Attorneys) Regulations, made under section 70 of the Administrative Appeals Tribunal Act 1975, specifically target the amendments necessary to the Act due to the changes in the Patent Attorneys Regulations. These regulations apply to any person or entity that was previously subject to the review processes outlined in Part XXIV of Schedule 1 of the Act, which pertained to the review of orders by the Commissioner of Patents regarding the removal of a patent attorney's name from the Register of Patent Attorneys. The regulations are framed to ensure that the removal of Part XXIV does not adversely affect any applications already in progress under that section prior to the commencement of these regulations, thus providing a transitional safeguard. The effect of these regulations is to streamline the review process by eliminating redundant provisions in light of the establishment of the Patent Attorneys Disciplinary Tribunal, which now has its own specific provisions for review of disciplinary actions against patent attorneys within the amended Patent Attorneys Regulations.
Key Provisions
The Administrative Appeals Tribunal (Patent Attorneys) Regulations, made under the authority of section 70 of the Administrative Appeals Tribunal Act 1975, primarily concern the amendment of Schedule 1 to the Act. Specifically, Regulation 2(1) omits Part XXIV of Schedule 1, which previously allowed for the review of decisions by the Commissioner of Patents regarding the removal of a patent attorney’s name from the Register of Patent Attorneys. This amendment is a direct response to the changes in the Patent Attorneys Regulations, which now provide for a Patent Attorneys Disciplinary Tribunal to handle disciplinary matters, including reprimands, suspensions, and cancellations of registration. This shift means that the AAT’s jurisdiction over these specific matters has been transferred to the newly established tribunal.
These regulations impose certain obligations on the entities governed by them. For instance, the savings provision in Regulation 2(2) ensures that any applications already submitted to the AAT under the former Part XXIV of Schedule 1 will not be adversely affected by the omission of that part. This provision maintains continuity for ongoing proceedings and ensures that existing rights are protected during the transition. Additionally, the regulations necessitate that all future applications regarding the disciplinary actions of patent attorneys must now be directed to the Patent Attorneys Disciplinary Tribunal, as the AAT’s jurisdiction in this area has been curtailed.
In terms of compliance, the regulations clarify the consequences of non-compliance with the disciplinary provisions now managed by the Patent Attorneys Disciplinary Tribunal. While the specific penalties and sanctions are detailed in the amended Patent Attorneys Regulations, it is clear that the legislative framework aims to ensure that patent attorneys adhere to professional standards. Failure to comply with the tribunal's decisions could lead to further disciplinary actions, such as suspension or cancellation of registration. Although the Administrative Appeals Tribunal (Patent Attorneys) Regulations themselves do not detail specific penalties, the broader context provided by the Patent Attorneys Regulations indicates that penalties may include fines, suspension of practice, or cancellation of registration, depending on the severity of the breach.