Australian Capital Territory Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

LEGAL PRACTITIONERS (AMENDMENT) ACT 1993 (NO. 94 OF 1993) - SECT 8

Substitution

8. Section 15G of the Principal Act is repealed and the following sections are substituted:

“15G. If a barrister and solicitor becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for the benefit of creditors, the Law Society shall—

        (a)     refuse to issue an unrestricted practising certificate applied for; or

        (b)     cancel an unrestricted practising certificate held;

by him or her.

“15GA. (1) The Law Society may—

        (a)     refuse to issue a practising certificate applied for; or

        (b)     cancel a practising certificate held;

by a barrister and solicitor who has been sentenced to a term of imprisonment.

“(2) The Law Society may—

        (a)     refuse to issue a practising certificate applied for; or

        (b)     suspend for a specified period not exceeding 12 months a practising certificate held;

by a barrister and solicitor who—

        (c)     fails to pay a fine or any costs, fees or expenses payable by him or her to the Law Society under this Act;

        (d)     being required by the Council to explain specified conduct by him or her as a solicitor, fails without reasonable excuse to give a reasonable written explanation to the Council;

        (e)     fails to fulfil any obligations he or she has pursuant to an agreement referred to in section 28D; or

        (f)     fails to comply with a direction of the Professional Conduct Board under paragraph 36 (1) (b) or subsection 36 (2) or 36A (1).

“(3) The Law Society may—

        (a)     refuse to issue an unrestricted practising certificate applied for; or

        (b)     suspend for a specified period not exceeding 12 months an unrestricted practising certificate held;

by a barrister and solicitor—

        (c)     who fails to comply with subsection 61 (4) or section 63; or

        (d)     if a report under Division 5, 6 or 6A of Part VII discloses a deficiency in the trust moneys held by him or her (not being a deficiency that was excusable and was made good before the date of the report).

“(4) A barrister and solicitor whose practising certificate is suspended is, during the period of its suspension—

        (a)     to be taken not to hold a current practising certificate; and

        (b)     not entitled to apply for the issue of a practising certificate.

“15GB. Where the Law Society refuses to issue a practising certificate to, or cancels or suspends a practising certificate held by, a barrister and solicitor, the Law Society shall cause him or her to be given notice in writing of, and of the ground for, the refusal, cancellation or suspension.”.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback