Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actssubstitute
96 Show-cause procedure for removal of lawyer's name from local roll following foreign regulatory action
(1) This section applies if the relevant council is satisfied that—
(a) foreign regulatory action has been taken in relation to a local lawyer (other than a local legal practitioner); and
(b) no order mentioned in section 97A (1) (a) (Order for non-removal of name or non-cancellation of local practising certificate) is in force in relation to the action taken.
(2) The relevant council may serve on the lawyer a written notice stating that the council will apply to the Supreme Court for an order that the lawyer's name be removed from the local roll unless the lawyer shows cause to the council why his or her name should not be removed.
(3) If the lawyer does not satisfy the relevant council that the lawyer's name should not be removed from the local roll, the council may apply to the Supreme Court for an order that the lawyer's name be removed from the local roll.
(4) Before applying for an order that the lawyer's name be removed, the relevant council must give the lawyer a reasonable opportunity to show cause why his or her name should not be removed.
(5) The Supreme Court may, on application made under this section, order that the lawyer's name be removed from the local roll.
(6) The lawyer is entitled to appear before and be heard by the Supreme Court at a hearing in relation to an application under this section.
(7) In this section:
"relevant council "means—
(a) if the lawyer holds a local practising certificate that is a barrister practising certificate—the bar council; or
(b) if the lawyer holds a local practising certificate that is an unrestricted practising certificate or restricted practising certificate—the law society council; or
(c) if the lawyer holds an interstate practising certificate—the bar council or law society council; or
(d) if the lawyer does not hold a local practising certificate—the law society council.
97 Show-cause procedure for cancellation of local practising certificate following foreign regulatory action
(1) This section applies if the relevant council is satisfied that—
(a) foreign regulatory action has been taken in relation to a local legal practitioner; and
(b) no order mentioned in section 97A (1) (a) (Order for non-removal of name or non-cancellation of local practising certificate) is in force in relation to the action taken.
(2) The relevant council may serve on the practitioner a written notice stating that the council proposes to cancel the practitioner's practising certificate unless the practitioner shows cause to the council why his or her practising certificate should not be cancelled.
(3) The relevant council must give the practitioner a reasonable opportunity to show cause why his or her practising certificate should not be cancelled.
(4) If the practitioner does not satisfy the relevant council that the practising certificate should not be cancelled, the council may cancel the certificate.
(5) The relevant council must, as soon as practicable, give the practitioner an information notice about its decision to cancel the practising certificate.
(6) The practitioner may appeal to the Supreme Court against a decision of the authority to cancel the practising certificate.
(7) On an appeal under this section, the Supreme Court may make the order it considers appropriate.
97A Order for non-removal of name or non-cancellation of local practising certificate
(1) If an Australian lawyer reasonably expects that his or her name will be removed from an interstate roll or that foreign regulatory action will be taken against the lawyer, the lawyer may apply to the Supreme Court for either or both of the following orders:
(a) an order that his or her name not be removed from the local roll under section 94 (Peremptory removal of local lawyer's name from local roll following removal in another jurisdiction) or section 96 (Show-cause procedure for removal of lawyer's name from local roll following foreign regulatory action);
(b) an order that his or her local practising certificate not be cancelled under section 95 (Peremptory cancellation of local practising certificate following removal of name from interstate roll).
(2) The Supreme Court may make an order if satisfied that—
(a) the lawyer's name is likely to be removed from the interstate roll; and
(b) the reason for its removal from the interstate roll will not involve disciplinary action or the possibility of disciplinary action.
(3) An order under this section may be made subject to any conditions the Supreme Court considers appropriate and remains in force for the period stated in it.
(4) The Supreme Court may revoke an order made under this section, and either or both of section 94 and section 95 (as relevant) then apply as if the lawyer's name were removed from the interstate roll when the revocation takes effect.
(5) This section does not affect action being taken in relation to the lawyer under other provisions of this Act.