LEGAL PROFESSION ACT 2006 - SECT 175 Refusal to grant or renew registration as foreign lawyer
LEGAL PROFESSION ACT 2006 - SECT 175
Refusal to grant or renew registration as foreign lawyer(1) The relevant council may refuse to consider an application for registration as a foreign lawyer if it is not made in accordance with this Act.
Note This Act is defined in the dictionary.
(2) The relevant council may refuse to grant or renew registration as a foreign lawyer if—
(a) the application is not accompanied by, or does not contain, the information required by this part or a regulation; or
(b) the applicant has contravened this Act or a corresponding law; or
(c) the applicant has contravened an order of the ACAT or a corresponding disciplinary body, including (for example) an order to pay any fine or costs; or
(d) the applicant has contravened an order of a regulatory authority of any jurisdiction to pay any fine or costs; or
(e) the applicant has failed to comply with a requirement under this Act to pay a contribution to, or levy for, the fidelity fund; or
(f) the applicant has contravened a requirement of or made under this Act about professional indemnity insurance; or
(g) the applicant has failed to pay any expenses of receivership payable under this Act; or
(h) the applicant's foreign legal practice is in receivership (however described).
(3) The relevant council may refuse to grant or renew registration if an authority of another jurisdiction has under a corresponding law—
(a) refused to grant or renew registration for the applicant; or
(b) suspended or cancelled the applicant's registration.
(4) The relevant council may refuse to grant registration if satisfied that the applicant is not a fit and proper person to be registered after considering—
(a) the nature of any offence for which the applicant has been convicted in Australia or a foreign country, whether before or after the commencement of this section; and
(b) how long ago the offence was committed; and
(c) the person's age when the offence was committed.
(5) The relevant council may refuse to renew registration if satisfied that the applicant is not a fit and proper person to continue to be registered after considering—
(a) the nature of any offence for which the applicant has been convicted in Australia or a foreign country, whether before or after the commencement of this section, other than an offence disclosed in a previous application to the relevant council; and
(b) how long ago the offence was committed; and
(c) the person's age when the offence was committed.
(6) The relevant council may refuse to grant or renew registration on any ground on which registration could be suspended or cancelled.
(7) If the relevant council refuses to grant or renew registration, the relevant council must, as soon as practicable, give the applicant an information notice.
(8) This section does not affect the operation of division 2.7.7 (Special powers in relation to local registration—show-cause events).