New South Wales Consolidated Regulations

LEGAL PROFESSION REGULATION 2005 - REG 14

14 Surrender of local practising certificate-section 79 of the Act

(1) The appropriate Council may accept from the holder of a current local practising certificate the surrender of the certificate and an application for a new certificate and, in that event, must issue a new practising certificate for the rest of the term of the surrendered certificate.

(2) The appropriate Council may also accept from the holder of a current local practising certificate the surrender of the certificate if:

(a) the Council is satisfied that there is good reason for the surrender of the certificate (for example, that the holder is retiring from practice as a barrister or solicitor in this jurisdiction), and

(b) the Council is not aware of any circumstances that would give rise to the conducting of an investigation, or the taking of disciplinary action, under the Act.

(3) The appropriate Council may, by notice in writing served on the holder of a practising certificate, require the certificate to be surrendered to the Council within a period specified in the notice.

(4) A person must not fail to comply with a requirement made under subclause (3).

Maximum penalty: 10 penalty units.

(5) The appropriate Council may require a certificate to be surrendered under subclause (3) only if satisfied that the holder of the certificate is not entitled to continue practising as a barrister or solicitor.

(6) The Council may refund the whole or a part of the fee paid in respect of a certificate surrendered under this clause if the Council considers that the refund should be made.