New South Wales Consolidated Acts

LEGAL PROFESSION ACT 2004 - SECT 62

62 Operation of amendment, suspension or cancellation of local practising certificate

(1) Application of section This section applies if a decision is made to amend, suspend or cancel a local practising certificate under section 61 (Amending, suspending or cancelling local practising certificate).

(2) Action to take effect on giving of notice or specified date Subject to subsections (3) and (4), the amendment, suspension or cancellation of the 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) Grant of stay If the 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 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) Quashing of conviction If the 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.