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Legal Profession Act 2006
47Conditions imposed on local practising certificate by
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47 Conditions imposed on local practising certificate by
relevant council
(1) The relevant council may impose conditions on a local practising
certificate when it is granted or renewed.
Conditions on local practising certificates Division 2.4.5
(2) The relevant council may impose a condition on a local practising
certificate—
(a) on the application of the applicant for grant or renewal of the
(3) The relevant council may impose conditions on a local practising
certificate during its currency.
(4) The relevant council may impose conditions on a local practising
certificate under subsection (3)—
(a) on the application of the holder of the practising certificate; or
(5) A regulation may make provision in relation to an application for the
imposition of a condition on a practising certificate.
(6) A condition imposed under this section must be reasonable and
relevant.
(7) A condition imposed under this section may be about any of the
(a) requiring the holder of the practising certificate to undertake and
complete—
(i) continuing legal education; or
(ii) particular legal education or training; or
(iii) a period of supervised legal practice;
(b) restricting the areas of law practised;
(c) controlling, restricting or prohibiting the operation of a trust
account;
(d) restricting the holder to particular conditions concerning
employment or supervision;
(e) a matter agreed to by the holder.
(8) Subsection (7) does not limit the matters about which a condition may
be imposed under this section.
(9) The relevant council must not impose a condition, or recommend that
a condition be imposed, that requires the holder to undertake and
complete particular legal education or training unless—
(a) the council is satisfied, having regard to—
(i) the nature or currency of the holder’s academic studies,
legal training or legal experience; or
(ii) the holder’s conduct;
that it is reasonable to require the particular legal education or
training to be undertaken; or
(b) the condition is one that is imposed generally on holders of local
practising certificates or any class of holders of local practising
Note A class of holders might comprise newly qualified lawyers, or
lawyers returning to legal practice after suspension or an extended
break.
(10) The relevant council may amend or revoke a condition imposed by it
on a local practising certificate under subsection (1) or (3).
(11) If the relevant council imposes a condition on, or amends or revokes
a condition of, a local practising certificate (the action)—
(a) the council must give the applicant for, or holder of, the
certificate an information notice about the action, unless the
action was taken on the application of the applicant or holder;
and
(b) if the action was taken during the currency of the certificate—
the action takes effect when the holder is given an information
notice or other written notice by the council about the action or,
if the notice states a later time of effect, at that time.
Conditions on local practising certificates Division 2.4.5
(12) This section has effect subject to section 56 (Amending, suspending
or cancelling local practising certificate) in relation to the imposition
of a condition on a local practising certificate during its currency.