AustLII Tasmanian Consolidated Acts

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LEGAL PROFESSION ACT 2007 - SECT 512

Referral of matter involving crimes

(1)  If, during the course of any investigation or hearing, the Board suspects on reasonable grounds that an offence has been committed, the Board must refer the suspected offence to –
(a) the Commissioner of Police; or
(b) the Commissioner of Taxation; or
(c) the Australian Securities and Investment Commission; or
(d) the Australian Federal Police Commissioner –
as the case may require.
(2)  If the subject matter of the investigation or hearing has been referred to a person referred to in subsection (1)(a) , (b) , (c) or (d) under subsection (1) , the Board or Tribunal may –
(a) suspend that part of the hearing that relates to the crime with effect from the date of the referral until –
(i) after criminal proceedings relating to that matter are concluded; or
(ii) a person referred to in subsection (1)(a) , (b) , (c) or (d) advises the Board or Tribunal that no criminal proceedings are to be taken; or
(b) suspend the hearing with effect from the date of the referral until –
(i) after criminal proceedings relating to that matter are concluded; or
(ii) a person referred to in subsection (1)(a) , (b) , (c) or (d) advises the Board or Tribunal that no criminal proceedings are to be taken.
(3)  If a hearing is suspended, the Board or Tribunal may, if it thinks it appropriate to do so, suspend the practising certificate of the Australian legal practitioner who is the subject of the hearing for such period as the Board or Tribunal considers appropriate.
(4)  If the Board or Tribunal suspends the practising certificate of an Australian legal practitioner under subsection (3) , the Board or Tribunal must advise the prescribed authority.
(5)  If the Board or Tribunal suspends the practising certificate of an Australian legal practitioner under subsection (3) , the Australian legal practitioner may appeal to the Supreme Court.



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