Queensland Consolidated Acts

LEGAL PROFESSION ACT 2007 - SECT 106

106 Show cause procedure for cancellation of local practising certificate following foreign regulatory action

(1) This section applies if a regulatory authority that granted or renewed a practising certificate is satisfied that—

(a) foreign regulatory action has been taken in relation to a the local legal practitioner, whether before or after the commencement of this section; and

(b) no order mentioned in section 107 (1) (b) is in force in relation to the foreign regulatory action.

(2) The regulatory authority may give the local legal practitioner a notice stating that the regulatory authority proposes to cancel the local practising certificate unless the practitioner shows cause to the authority why the certificate should not be cancelled.

(3) The regulatory authority must afford the person a reasonable opportunity to show cause why his or her practising certificate should not be cancelled.

(4) If the local legal practitioner does not satisfy the regulatory authority that the practising certificate should not be cancelled, the regulatory authority may cancel the certificate.

(5) The regulatory authority must give the local legal practitioner an information notice about its decision to cancel the practising certificate.

(6) The person may appeal to the Supreme Court against a decision of the relevant regulatory authority to cancel his or her practising certificate.

(7) The Supreme Court may make any order it considers appropriate on the appeal.