Australian Capital Territory Repealed Acts

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This legislation has been repealed.

LEGAL PRACTITIONERS ACT 1970 (REPEALED) - SECT 36

Suspension

    (1)     The law society may suspend for a specified period not exceeding 12 months a practising certificate held by a legal practitioner who—

        (a)     fails to pay a fine or any costs, fees or expenses payable by him or her to the law society under this Act; or

        (b)     being required by the council to explain specified conduct by him or her as a solicitor, fails without reasonable excuse to give a reasonable written explanation to the council; or

        (c)     fails to fulfil any obligations he or she has under an agreement referred to in section 46; or

        (d)     fails to comply with a direction of the professional conduct board under section 58 (1) (b), 58 (2) or 59 (1).

    (2)     The law society may suspend for a specified period not exceeding 12 months an unrestricted practising certificate held by a legal practitioner—

        (a)     if the legal practitioner fails to comply with section 78 (1); or

        (b)     if the legal practitioner fails to comply with section 104 (6) or 106; or

        (c)     if a report under division 11.5, 11.6 or 11.7 discloses a deficiency in the trust moneys held by him or her (not being a deficiency that was excusable and was made good before the date of the report).

    (3)     If the law society is satisfied that a legal practitioner whose practising certificate has been suspended has paid the levy referred to in section 78 (1) (b), the law society shall revoke the suspension.

    (4)     A legal practitioner whose practising certificate is suspended shall be taken, during the period of its suspension, not to hold a current practising certificate.

Note     Section 147H (2) also contains provisions allowing the suspension of practising certificates of solicitors required to comply with s 147E (Solicitor to have fidelity cover for regulated mortgages).



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