Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.
Note: For reappointment, see the Acts Interpretation Act 1901 .
Appointment of deputy of Director - General of IP Australia
(2G) The Director - General of IP Australia may appoint an APS employee to be his or her deputy for the purpose of attendance at one or more specified meetings of the Board.
(2H) If:
(a) a person is the deputy of the Director - General of IP Australia for the purpose of attendance at a particular meeting of the Board; and
(b) the Director - General of IP Australia is absent from the meeting;
the person is entitled to attend the meeting and, when so attending, is taken to be a member of the Board.
(2J) A deputy of the Director - General of IP Australia is not entitled to any remuneration or allowances for attending a meeting of the Board (other than remuneration or allowances payable to the deputy in his or her capacity as an APS employee).
Appointment of deputy of New Zealand Commissioner of Patents
(2K) The New Zealand Commissioner of Patents may appoint a New Zealand patents official to be his or her deputy for the purpose of attendance at one or more specified meetings of the Board.
(2L) If:
(a) a person is the deputy of the New Zealand Commissioner of Patents for the purpose of attendance at a particular meeting of the Board; and
(b) the New Zealand Commissioner of Patents is absent from the meeting;
the person is entitled to attend the meeting and, when so attending, is taken to be a member of the Board.
(2M) A deputy of the New Zealand Commissioner of Patents is not entitled to any remuneration or allowances for attending a meeting of the Board (other than remuneration or allowances payable to the deputy in his or her capacity as a New Zealand patents official).
(3) The regulations may make provision for and in relation to:
(a) the terms and conditions on which members of the Board mentioned in paragraph (2A)(a), (d) or (e) hold office; and
(aa) the manner in which members of the Board mentioned in paragraph (2A)(a), (d) or (e) may resign their appointments; and
(ab) the termination of the appointment of members of the Board mentioned in paragraph (2A)(a), (d) or (e); and
(b) the manner in which the Board is to perform its functions; and
(c) the procedure to be followed at or in relation to meetings of the Board, including (but not limited to) matters with respect to:
(i) the convening of meetings of the Board; and
(ii) the number of members of the Board who are to constitute a quorum; and
(iii) the selection of a member of the Board to preside at a meeting of the Board; and
(iv) the manner in which questions arising at a meeting of the Board are to be decided.
(4) A member of the Board is to be paid such remuneration as is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid such remuneration as is prescribed.
(5) A member of the Board is to be paid such allowances as are prescribed.
(6) Subsections (4) and (5) have effect subject to the Remuneration Tribunal Act 1973 .
(7) The Board may perform its functions in Australia or New Zealand.