(1)  If an Australian lawyer reasonably expects that his or her name will be removed from an interstate roll or that foreign regulatory action will be taken against the lawyer, the lawyer may apply to the Supreme Court for –

(a) an order that his or her name not be removed from the local roll under section 104 (Peremptory removal of local lawyer's name from local roll following removal in another jurisdiction); or

(b) an order that his or her local practising certificate not be cancelled under section 105 (Peremptory cancellation of local practising certificate following removal of name from interstate roll) or section 107 (Show cause procedure for cancellation of local practising certificate following foreign regulatory action) –

or both.

(2)  The Supreme Court may make the order or orders applied for if satisfied that –

(a) the lawyer's name is likely to be removed from the interstate roll or the foreign regulatory action is likely to be taken; and

(b) the reason for the removal of the name or the taking of the foreign regulatory action will not involve disciplinary action or the possibility of disciplinary action –

or may refuse to make an order.

(3)  An order under this section may be made subject to any conditions the Supreme Court considers appropriate and remains in force for the period specified in it.

(4)  The Supreme Court may revoke an order made under this section, and sections 104 , 105 , 106 and 107 (as relevant) then apply as if the lawyer's name were removed from the interstate roll or the foreign regulatory action were taken when the revocation takes effect.

(5)  Nothing in this section affects action being taken in relation to the lawyer under other provisions of this Act.