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LEGAL PROFESSION ACT 2006 - SECT 123 Disqualification from managing incorporated legal practice

LEGAL PROFESSION ACT 2006 - SECT 123

Disqualification from managing incorporated legal practice

    (1)     The Supreme Court may, on the application of the law society council, make an order disqualifying a person from managing a corporation that is an incorporated legal practice for the period the court considers appropriate if satisfied that—

        (a)     the person is a person who could be disqualified under a relevant Corporations Act

provision from managing corporations; and

        (b)     the disqualification is justified.

    (2)     In subsection (1):

"relevant Corporations Act provision "means any of the following provisions of the Corporations Act

:

              •     section 206C (Court power of disqualification—contravention of civil penalty provision)

              •     section 206D (Court power of disqualification—insolvency and non-payment of debts)

              •     section 206E (Court power of disqualification—repeated contraventions of Act)

              •     section 206F (ASIC's power of disqualification).

    (3)     On the application of a person subject to a disqualification order under this section, the Supreme Court may revoke the order.

    (4)     A disqualification order made under this section has effect for this Act only and does not affect the application or operation of the Corporations Act

.

    (5)     A regulation may make provision in relation to the publication and notification of orders made under this section.

    (6)     A person who is disqualified from managing a corporation under provisions of a corresponding law that correspond to this section is taken to be disqualified from managing a corporation under this section.