Queensland Consolidated Acts

LEGAL PROFESSION ACT 2007 - SECT 415

415 Application of part to Australian lawyers whose practising certificates have lapsed

(1) This section applies if an Australian lawyer is not an Australian legal practitioner because his or her Australian practising certificate has lapsed and the lawyer was a sole practitioner immediately before the certificate lapsed, but does not apply where—

(a) the certificate has been suspended or cancelled under this Act or a corresponding law; or

(b) the lawyer’s application for the grant or renewal of an Australian practising certificate has been refused under this Act or a corresponding law and the lawyer would be an Australian legal practitioner had it been granted.

(2) For other provisions of this part, the practising certificate is taken not to have lapsed, and accordingly the lawyer is taken to continue to be an Australian legal practitioner.

(3) Subsection (2) ceases to apply whenever the first of the following happens—

(a) a manager or receiver is appointed under this Act or a corresponding law for the law practice;

(b) the end of 6 months after the practising certificate actually lapses;

(c) the lawyer’s application for the grant or renewal of an Australian practising certificate is refused under this Act or a corresponding law.