AustLII Tasmanian Consolidated Acts

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LEGAL PROFESSION ACT 2007 - SECT 188

Amending, suspending or cancelling registration

(1)  If the domestic registration authority considers reasonable grounds exist to amend, suspend or cancel a person’s registration by it as a foreign lawyer (the " action " ), the authority must give the person a notice that –
(a) states the action proposed and –
(i) if the proposed action is to amend the registration in any way, states the proposed amendment; and
(ii) if the proposed action is to suspend the registration, states the proposed suspension period; and
(b) states the grounds for proposing to take the action; and
(c) outlines the facts and circumstances that form the basis for the authority’s belief; and
(d) invites the person to make written representations to the authority, within a specified time of not less than 7 days and not more than 28 days, as to why the action proposed should not be taken.
(2)  If, after considering all written representations made within the specified time, the domestic registration authority still believes grounds exist to take the action, the authority may –
(a) if the notice under subsection (1) stated the action proposed was to amend the registration, amend the registration in the way specified or in another way the authority considers appropriate in the light of the representations; or
(b) if the notice stated the action proposed was to suspend the registration for a specified period, suspend the registration for a period no longer than the specified period; or
(c) if the notice stated the action proposed was to cancel the registration –
(i) cancel the registration; or
(ii) suspend the registration for a period; or
(iii) amend the registration in a less onerous way the authority considers appropriate because of the representations.
(3)  The domestic registration authority may, at its discretion, consider representations made after the specified time.
(4)  The domestic registration authority must give the person notice of the authority’s decision.
(5)  If the domestic registration authority amends, suspends or cancels the registration, the authority must give the person an information notice about the decision.
(6)  In this section –
amend registration means amend the registration under section 203 (Conditions imposed by domestic registration authority) during its currency, otherwise than at the request of the foreign lawyer concerned.
(7)  The domestic registration authority must advise the Board of –
(a) the amendment, suspension or cancellation of a person's registration as a foreign lawyer; and
(b) any reasons for that amendment, suspension or cancellation.



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