227ATrans‑Tasman IP Attorneys Board

227A Trans‑Tasman IP Attorneys Board

(1) The body known immediately before the commencement of this subsection as the Professional Standards Board for Patent and Trade Marks Attorneys is continued in existence as the Trans‑Tasman IP Attorneys Board.

Note 1: In this Act, Board means the Trans‑Tasman IP Attorneys Board—see Schedule 1.

Note 2: See also section 25B of the Acts Interpretation Act 1901.

(2) The Board has the following functions: (a) such functions as are conferred on the Board by this Act or the Trade Marks Act 1995; (b) such functions as are conferred on the Board by regulations made for the purposes of any of the following provisions: (i) paragraph 198(4)(b) of this Act (which deals with the qualifications of patent attorneys); (ii) section 199 of this Act (which deals with the deregistration of patent attorneys); (iii) paragraph 228(2)(r) of this Act (which deals with the professional conduct of patent attorneys); (iv) paragraph 228A(4)(a) of the Trade Marks Act 1995 (which deals with the qualifications of trade marks attorneys); (v) section 228B of the Trade Marks Act 1995 (which deals with the deregistration of trade marks attorneys); (vi) paragraph 231(2)(ha) of the Trade Marks Act 1995 (which deals with the professional conduct of trade marks attorneys); (c) to do anything incidental to or conducive to the performance of any of the above functions. Membership of the Board (2A) The Board consists of the following members: (a) a Chair; (b) the Director‑General of IP Australia; (c) the New Zealand Commissioner of Patents; (d) at least 2 members nominated by the New Zealand Patents Minister to represent the New Zealand patent attorney profession; (e) at least 2 other members. (2B) The total number of members of the Board must not exceed 10. Appointment of members of the Board (2C) Each member of the Board mentioned in paragraph (2A)(a), (d) or (e) is to be appointed by the Minister by written instrument.

Note: For reappointment, see the Acts Interpretation Act 1901.

(2D) A person is not eligible for appointment as a member of the Board mentioned in paragraph (2A)(a), (d) or (e) unless the Minister is satisfied that the person has: (a) substantial experience or knowledge; and (b) significant standing; in at least one of the following fields: (c) Australian patent attorney practice; (d) New Zealand patent attorney practice; (e) Australian trade mark attorney practice; (f) the regulation of persons engaged in a prescribed occupation; (g) public administration; (h) academia. (2E) A member of the Board holds office on a part‑time basis. Period of appointment for members of the Board (2F) A member of the Board mentioned in paragraph (2A)(a), (d) or (e) holds office for the period specified in the instrument of appointment. The period must not exceed: (a) in the case of the member mentioned in paragraph (2A)(a)—3 years; or (b) otherwise—5 years.