210ASanctions for non‑compliance with Commissioner’s requirements

#### 210A Sanctions for non‑compliance with Commissioner’s requirements (1) The Commissioner may take one or more of the actions listed in subsection (2) in relation to a person if: (a) the Commissioner summons the person to appear as a witness under paragraph 210(1)(a) or requires the person to produce a document or article under paragraph 210(1)(c); and (b) the person refuses or fails to comply with the summons or requirement; and (c) the Commissioner is satisfied, on the balance of probabilities, that it is appropriate in the circumstances to take the action. (2) The actions the Commissioner may take are: (a) if the person is an applicant for a patent—a refusal to grant the patent (see subsection 61(1); and (b) the drawing of an inference unfavourable to the person’s interest in proceedings before the Commissioner; and (c) actions of a kind that are prescribed by the regulations. (3) In deciding whether it is appropriate to take the action, the Commissioner must consider the following: (a) whether the person has a reasonable excuse for refusing or failing to comply with the summons or requirement; (b) whether the person has been offered payment of reasonable expenses associated with complying with the summons or requirement; (c) any other matter the Commissioner considers to be relevant.