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 61or 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.