New South Wales Repealed Regulations

This legislation has been repealed.

LEGAL PROFESSION REGULATION 2002 - REG 8

8 Surrender of certificate

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

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

(a) the Council is satisfied that there is a good reason for the surrender of the certificate (for example, that the holder is retiring from practising as a barrister or solicitor or no longer intends to practise as a barrister or solicitor in New South Wales), and

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

(2A) 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.

(2B) A person must not fail to comply with a requirement made under subclause (2A).

Maximum penalty: 10 penalty units.

(2C) The appropriate Council may require a certificate to be surrendered under subclause (2A) only if satisfied that the holder of the certificate is not entitled to continue practising as a barrister or solicitor.

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