Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts23. Section 41 of the Principal Act is repealed and the following sections are substituted:
“41. (1) If, on a report under section 37 or otherwise, the Supreme Court is satisfied that a barrister and solicitor is guilty of professional misconduct or unsatisfactory professional conduct, the Court may, by order, do all or any of the following:
(a) direct that his or her name be removed from the Roll of Barristers and Solicitors;
(b) suspend for such period as the Court considers appropriate his or her right to practise in the Territory as a barrister, as a solicitor or as a barrister and solicitor;
(c) impose on him or her a fine not exceeding $20,000.
“(2) In addition to the powers vested in the Supreme Court under subsection (1), the Court may exercise all the powers of the Professional Conduct Board under section 36 as if—
(a) each reference in that section to an inquiry were a reference to proceedings on a report under section 37; and
(b) each reference in that section to the Board were a reference to the Court.
“(3) Where the Supreme Court makes an order under paragraph (1) (b) in respect of a barrister and solicitor, the Court may also order that the barrister and solicitor may be employed in the practice of another barrister and solicitor for such a period and on such conditions as the Court considers appropriate.
“(4) The Law Society is entitled to be represented in proceedings for an order under this section.
“41A. (1) Where the Supreme Court makes an order under subsection 41 (1) or exercises a power under subsection 41 (2) in respect of a solicitor, the Court may, in addition to any order as to costs made in the proceedings, order that the solicitor pay to the Law Society an amount equal to the whole or a specified part of the costs of the relevant inquiry.
“(2) Where, in proceedings on a report under section 37, the Supreme Court does not make an order under subsection 41 (1) and does not exercise a power under subsection 41 (2) in respect of a solicitor, the Court may, in addition to any order as to costs made in the proceedings, order that the Law Society pay to the solicitor an amount equal to the whole or a specified part of his or her costs incurred in relation to the relevant inquiry.
“(3) For the purposes of subsection (1) or (2), the costs shall be as assessed by the Supreme Court or, if the Court directs that those costs be taxed by the Registrar, as so taxed.
“(4) An amount ordered to be paid under subsection (1) or (2) is recoverable as a debt due to the Law Society or the solicitor, as the case requires.”.