AustLII Tasmanian Consolidated Acts

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LEGAL PROFESSION ACT 2007 - SECT 67

Operation of amendment, suspension or cancellation of local practising certificate

(1)  This section applies if a decision is made to amend, suspend or cancel a local practising certificate under section 65 (Amending, suspending or cancelling local practising certificate).
(2)  Subject to subsections (3) and (4) , the amendment, suspension or cancellation of the local practising certificate takes effect on the later of the following:
(a) the day notice of the decision is given to the holder;
(b) the day specified in the notice.
(3)  If the local practising certificate is amended, suspended or cancelled because the holder 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 local 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 local 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.



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