(1) An inventor may appeal to an Inventions Appeal Committee constituted under this regulation in the following circumstances:
(a) in the case of an invention dealt with under regulation 28(1)(a), if the inventor considers that the share of royalties or commercial proceeds offered by the Chief of Defence Force is inadequate, or if no such share is offered to the inventor:
(2) Every Inventions Appeal Committee shall consist of a District Court Judge and 2 assessors, of whom one shall be appointed by the Chief of Defence Force and one by the inventor.
(3) Any inventor wishing to appeal under subclause (1) shall give written notice of appeal to the Chief of Defence Force, specifying the name of the person whom the inventor appoints to act as assessor at the hearing of the appeal. The assessor shall give written assent to act.
(4) Within 21 days after receipt of the notice of appeal, the Chief of Defence Force shall inform the inventor of the names of the Judge before whom the appeal will be heard and the assessor appointed by the Chief of Defence Force, and shall at the same time forward to the Judge a copy of the decision appealed against and of the notice of appeal, together with a notice of the appointment of an assessor by the Chief of Defence Force.
(5) The Inventions Appeal Committee shall hear and determine the appeal at such convenient time and place as the Judge shall decide. The date shall not be more than 42 days after the receipt by the Chief of Defence Force of the notice of appeal.
(6) The Judge shall cause at least 5 days' notice of the time and place of the hearing to be given to each assessor, the Chief of Defence Force, and the inventor.
(7) At the hearing of the appeal the inventor may appear in person or be represented by some other person. The Chief of Defence Force may be represented by any person appointed by the Chief of Defence Force.
(8) The Judge may from time to time adjourn the hearing or consideration or determination of the appeal as the Judge thinks fit.
(9) If the inventor or his or her representative fails to appear at the hearing, the appeal may be determined in his or her absence on such evidence as is available. If the inventor appears, the evidence shall be taken in his or her presence or in the presence of his or her representative or both.
(10) The Inventions Appeal Committee shall not be bound to follow any formal procedure, but shall comply with the rules of natural justice. It may, in its discretion, receive such evidence as it thinks fit (whether on oath or otherwise), and may act on any statement, document, information, or matter, that in the opinion of the Committee may assist it to deal with the matter before it, whether or not the same would be legally admissible in a court of law.
(11) The determination in respect of the appeal shall be made in writing by the Judge and at least 1 of the assessors, together with their reasons for the determination, and shall be signed by them. A copy shall be forwarded by the Judge to the inventor and to the Chief of Defence Force, and the Chief of Defence Force shall forthwith give effect to the determination.
(12) If for any reason the Judge named in accordance with subclause (4) is unable to perform his or her functions under this regulation, any other Judge may perform those functions in place of that Judge.
(13) If for any reason the Judge so named is not present at the time and place fixed for the hearing of the appeal, and no other Judge is available, the assessors may from time to time adjourn the hearing of the appeal for such period, not exceeding 14 days, as they think fit.
(14) If for any reason any assessor is unable to be present at the time and place fixed for the hearing of the appeal, the Chief of Defence Force or the inventor, as the case may be, shall make a fresh appointment of an assessor, and shall forthwith give written notice of the appointment to the Judge and to the other party. The Judge may adjourn the hearing of the appeal for such period, not exceeding 14 days, as the Judge thinks fit.
(15) Any notice to be given or document to be served under this regulation may be given or served personally, or by registered letter addressed to the person to whom the notice is to be given, or the document is to be served, at that person's last known place of residence or business. In the latter case, it shall be deemed to be given or served at the time when it would be delivered in the ordinary course of post.
(16) Subject to the other provisions of this regulation, the Inventions Appeal Committee shall determine its own procedure.