Australian Capital Territory Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

LEGAL PROFESSION ACT 2006 - SECT 57

Operation of amendment, suspension or cancellation of local practising certificate

    (1)     This section applies if a decision is made to amend, suspend or cancel a local practising certificate under section 56.

    (2)     Subject to subsections (3) and (4), the amendment, suspension or cancellation of the practising certificate takes effect on the later of the following:

        (a)     the day written notice of the decision is given to the holder;

        (b)     the day stated in the notice.

    (3)     If the practising certificate is amended, suspended or cancelled because the holder has been convicted of an offence—

        (a)     the Supreme Court may, on the holder's application, order that the operation of the amendment, suspension or cancellation of the practising certificate be stayed until—

              (i)     the end of the time to appeal against the conviction; and

              (ii)     if an appeal is made against the conviction—the appeal is finally decided, lapses or otherwise ends; and

        (b)     the amendment, suspension or cancellation does not have effect during any period in relation to which the stay is in force.

    (4)     If the practising certificate is amended, suspended or cancelled because the holder has been convicted of an offence and the conviction is quashed—

        (a)     the amendment or suspension ceases to have effect when the conviction is quashed; or

        (b)     the cancellation ceases to have effect when the conviction is quashed and the certificate is restored as if it had only been suspended.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback