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LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 92
Designated show cause events--action by local regulatory authority
92 Designated show cause events--action by local regulatory authority
(1) If the holder provides a statement required by this Subdivision, the
designated local regulatory authority must determine whether the person
concerned is a fit and proper person to hold a certificate.
(2) The
designated local regulatory authority may vary, suspend or cancel, or may
refuse to renew, a certificate if the holder-- (a) fails to provide a
statement as required by this Subdivision; or
(b) has provided a statement in
accordance with this Subdivision but the designated local regulatory authority
does not consider that the holder has shown in the statement that, despite the
show cause event, he or she is a fit and proper person to hold a certificate
(or can be considered such a fit and proper person if the designated local
regulatory authority is satisfied that doing so is warranted in the
circumstances); or
(c) has failed without reasonable excuse to comply with a
requirement under Chapter 7 made in connection with an investigation of the
show cause event concerned or has committed an offence under that Chapter in
connection with any such investigation.
(3) If the designated local
regulatory authority determines that the person is such a fit and proper
person (or can be considered such a fit and proper person if the designated
local regulatory authority is satisfied that doing so is warranted in the
circumstances), it must take no further action in relation to the show cause
event but may impose a discretionary condition that it considers appropriate
in the circumstances.
(4) If the designated local regulatory authority
determines that the person is not such a fit and proper person (or cannot be
so considered such a fit and proper person), it may take the action specified
in the notice referred to in section 90 or take less onerous action that the
designated local regulatory authority considers appropriate.
(5) In
determining a matter under this section, the designated local regulatory
authority-- (a) may, but need not, conduct an investigation into the matter;
and
(b) is not limited to making its determination, or conducting any such
investigation, on the basis of just the designated show cause event concerned;
and
(c) may have regard to the facts and circumstances that surround, arise
in connection with, relate to or give rise to the designated show cause event
concerned.
(6) The designated local regulatory authority is not to deal with
a matter under this section if the matter has previously been the subject of
investigation or determination under this Law unless the designated local
regulatory authority is satisfied there are exceptional circumstances for
doing so.
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