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LEGAL PROFESSION ACT 2007 - SECT 62 Operation of amendment, suspension or cancellation of local practising certificate

LEGAL PROFESSION ACT 2007 - SECT 62

Operation of amendment, suspension or cancellation of local practising certificate

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

(1) This section applies if a decision is made to amend, suspend or cancel a local practising certificate under section 61 or 69 .
(2) Subject to subsections (3) and (4) , the amendment, suspension or cancellation takes effect on the later of the following—
(a) the day that the information notice about the decision is given to the certificate holder;
(b) the day stated in the information notice.
(3) If the practising certificate is amended, suspended or cancelled because the certificate holder has been convicted of an offence—
(a) the tribunal may, on application of the certificate holder as provided under the QCAT Act , order that the amendment, suspension or cancellation be stayed until—
(i) the end of the time to appeal against the conviction; or
(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 for which the stay is in force.
(4) If the practising certificate is amended, suspended or cancelled because the certificate holder has been convicted of an offence and a court quashes the conviction—
(a) the amendment or suspension ceases to have effect when the court quashes the conviction; or
(b) the cancellation ceases to have effect when the court quashes the conviction and the certificate is restored as if it had merely been suspended.