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.