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LEGAL PROFESSION ACT 2006 - SECT 97 Show-cause procedure for cancellation of local practising certificate following foreign

LEGAL PROFESSION ACT 2006 - SECT 97

Show-cause procedure for cancellation of local practising certificate following foreign regulatory action

    (1)     This section applies if the relevant council is satisfied that—

        (a)     foreign regulatory action has been taken in relation to a local legal practitioner; and

        (b)     no order mentioned in section 97A (1) (a) (Order for non-removal of name or non-cancellation of local practising certificate) is in force in relation to the action taken.

    (2)     The relevant council may serve on the practitioner a written notice stating that the council proposes to cancel the practitioner's practising certificate unless the practitioner shows cause to the council why the practitioner's practising certificate should not be cancelled.

Note     For how documents may be served, see the Legislation Act

, pt 19.5.

    (3)     The relevant council must give the practitioner a reasonable opportunity to show cause why the practitioner's practising certificate should not be cancelled.

    (4)     If the practitioner does not satisfy the relevant council that the practising certificate should not be cancelled, the council may cancel the certificate.

    (5)     The relevant council must, as soon as practicable, give the practitioner an information notice about its decision to cancel the practising certificate.

    (6)     The practitioner may appeal to the Supreme Court against a decision of the authority to cancel the practising certificate.

    (7)     On an appeal under this section, the Supreme Court may make the order it considers appropriate.