South Australian Current Acts

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

LEGAL PRACTITIONERS ACT 1981 - SECT 20AE

20AE—Operation of amendment, suspension or cancellation of practising certificate

        (1)         This section applies if an order is made to amend, suspend or cancel a practising certificate under section 20AD.

        (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 notice of the order is given to the holder of the certificate;

            (b)         the day specified in the notice.

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

            (a)         the Supreme Court may, on the application of the holder, 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 respect of 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 merely been suspended.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback