367Application of pt 3.4 to sole practitioners whose

367 Application of pt 3.4 to sole practitioners whose practising certificates lapse (a) an Australian lawyer is not an Australian legal practitioner because the lawyer’s Australian practising certificate has lapsed; and (b) the lawyer was a sole practitioner immediately before the certificate lapsed. Miscellaneous—pt 3.4 Division 3.4.10 (2) However, this section does not apply if— (a) the practising 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 or renewed. (3) For the 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. (4) Subsection (2) ceases to apply to the lawyer when whichever of the following happens first: (a) a manager or receiver is appointed under this Act for the law practice that is the lawyer as a sole practitioner; (b) the period of 6 months after the day the practising certificate actually lapsed ends; (c) the lawyer’s application for the grant or renewal of an Australian practising certificate is refused under this Act or a corresponding law.