AustLII Tasmanian Consolidated Acts

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LEGAL PROFESSION ACT 2007 - SECT 107

Show cause procedure for cancellation of local practising certificate following foreign regulatory action

(1)  This section applies if the prescribed authority is satisfied that –
(a) foreign regulatory action has been taken in relation to a local legal practitioner; and
(b) no order referred to in section 108(1)(b) (Order for non-removal of name or non-cancellation of local practising certificate) is in force in relation to the action taken.
(2)  The prescribed authority may serve on the practitioner a notice stating that the prescribed authority proposes to cancel his or her local practising certificate unless the practitioner shows cause to the prescribed authority why his or her practising certificate should not be cancelled.
(3)  The prescribed authority must afford the practitioner a reasonable opportunity to show cause why his or her local practising certificate should not be cancelled.
(4)  If the practitioner does not satisfy the prescribed authority that the local practising certificate should not be cancelled, the prescribed authority may cancel the certificate.
(5)  The prescribed authority must, as soon as practicable, give the practitioner an information notice about its decision to cancel the local practising certificate.
(6)  The practitioner may appeal to the Supreme Court against a decision of the prescribed authority to cancel the local practising certificate.
(7)  The Supreme Court may make any order it considers appropriate on the appeal.
(8)  The prescribed authority must advise the Board of the cancellation of a local practising certificate under this section.



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