Australian Capital Territory Numbered Regulations

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LEGAL PROFESSION REGULATION 2007 (NO 27 OF 2007) - REG 14

Suspending or cancelling local practising certificate—additional grounds—Act, s 55 (2)

    (1)     Each of the following is a ground for suspending a local practising certificate:

        (a)     the holder fails to pay any fine, or any costs, fees or expenses, payable by the holder under the Act;

        (b)     if requested, in writing, by the relevant council to explain stated conduct by the holder as a legal practitioner, the holder fails, without reasonable excuse, to give a reasonable written explanation to the council about the conduct;

        (c)     for the holder of an unrestricted practising certificate—a report under the Act, section 237 (Investigator's report) or the Act, section 247 (External examiner's report) discloses a deficiency in any trust money of a law practice of which the practitioner is an associate and for which the practitioner did not have a reasonable excuse;

        (d)     the holder fails to comply with a direction of the relevant council under the Act, section 413 (2) (d) (Summary conclusion of complaint procedure by fine etc);

        (e)     the holder fails to comply with an order of the disciplinary tribunal under the Act, section 430 (6) (b), (c), (d), (e) or (h) (Decisions of disciplinary tribunal—unsatisfactory professional conduct or professional misconduct);

        (f)     the holder fails to comply with an order of the disciplinary tribunal under the Act, section 431 (1) (a) or (b) (Decisions of disciplinary tribunal—unsatisfactory employment conduct).

    (2)     Each of the following is a ground for cancellation of a local practising certificate:

        (a)     the holder is sentenced to a term of imprisonment;

        (b)     for the holder of an unrestricted practising certificate—the holder becomes bankrupt or executes a personal insolvency agreement.



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