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LEGAL PRACTITIONERS (MISCELLANEOUS) AMENDMENT ACT 2013 (NO 44 OF 2013) - SECT 52

52—Amendment of section 89—Proceedings before Supreme Court

        (1)         Section 89(1) and (6)—delete "Board" wherever occurring and substitute in each case:

Commissioner

        (2)         Section 89—after subsection (1) insert:

        (1a)         If the Commissioner is of the opinion that the name of a legal practitioner should be struck off the roll of legal practitioners maintained under this Act or the roll kept in a participating State that corresponds to the roll maintained under this Act because the practitioner has been found guilty of a serious offence, or for any other reason, the Commissioner may, without laying a charge before the Tribunal, institute disciplinary proceedings in the Supreme Court against the practitioner.

        (1b)         If—

            (a)         —

                  (i)         a recommendation is made by the Tribunal that disciplinary proceedings be commenced against a legal practitioner in the Supreme Court; or

                  (ii)         the Commissioner has advised a legal practitioner in writing of his or her intention to institute disciplinary proceedings against a legal practitioner in the Supreme Court; and

            (b)         the legal practitioner informs the Court in writing that he or she would consent to an order that his or her name be struck off the roll of legal practitioners maintained under this Act or the roll kept in a participating State that corresponds to the roll maintained under this Act,

the Court may, despite the fact that disciplinary proceedings have not been instituted, order that the name of the legal practitioner be struck off the roll maintained under this Act or kept in the other State (as appropriate).

        (3)         Section 89(3)—delete subsection (3)



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