Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) The relevant council may impose conditions on a local practising certificate when it is granted or renewed.
(2) The relevant council may impose a condition on a local practising certificate—
(a) on the application of the applicant for grant or renewal of the practising certificate; or
(b) on its own initiative.
(3) The relevant council may impose conditions on a local practising certificate during its currency.
(4) The relevant council may impose conditions on a local practising certificate under subsection (3)—
(a) on the application of the holder of the practising certificate; or
(b) on its own initiative.
(5) A regulation may make provision in relation to an application for the imposition of a condition on a practising certificate.
(6) A condition imposed under this section must be reasonable and relevant.
(7) A condition imposed under this section may be about any of the following:
(a) requiring the holder of the practising certificate to undertake and complete—
(i) continuing legal education; or
(ii) particular legal education or training; or
(iii) a period of supervised legal practice;
(b) restricting the areas of law practised;
(c) controlling, restricting or prohibiting the operation of a trust account;
(d) restricting the holder to particular conditions concerning employment or supervision;
(e) a matter agreed to by the holder.
(8) Subsection (7) does not limit the matters about which a condition may be imposed under this section.
(9) The relevant council must not impose a condition, or recommend that a condition be imposed, that requires the holder to undertake and complete particular legal education or training unless—
(a) the council is satisfied, having regard to—
(i) the nature or currency of the holder's academic studies, legal training or legal experience; or
(ii) the holder's conduct;
that it is reasonable to require the particular legal education or training to be undertaken; or
(b) the condition is one that is imposed generally on holders of local practising certificates or any class of holders of local practising certificates.
Note A class of holders might comprise newly qualified lawyers, or lawyers returning to legal practice after suspension or an extended break.
(10) The relevant council may amend or revoke a condition imposed by it on a local practising certificate under subsection (1) or (3).
(11) If the relevant council imposes a condition on, or amends or revokes a condition of, a local practising certificate (the "action")—
(a) the council must give the applicant for, or holder of, the certificate an information notice about the action, unless the action was taken on the application of the applicant or holder; and
(b) if the action was taken during the currency of the certificate—the action takes effect when the holder is given an information notice or other written notice by the council about the action or, if the notice states a later time of effect, at that time.
(12) This section has effect subject to section 56 (Amending, suspending or cancelling local practising certificate) in relation to the imposition of a condition on a local practising certificate during its currency.