QLDIn ForceAct
Legal Profession Act 2007
sec.104Peremptory cancellation of local practising certificate following removal of name from interstate roll
Start here
Get a plain-English read of sec.104
Turn the raw legal text into a practical explanation grounded in Legal Profession Act 2007.
### sec.104 Peremptory cancellation of local practising certificate following removal of name from interstate roll
This section applies if—
a person’s name is removed from an interstate roll but he or she remains an Australian lawyer; and
the person is the holder of a local practising certificate; and
no order under section 107 (1) (b) is, at the time of that removal, in force in relation to the person’s local practising certificate.
The relevant regulatory authority must cancel the local practising certificate.
The relevant regulatory authority may, but need not, give the person notice of the date on which it proposes to cancel the local practising certificate.
The relevant regulatory authority must give the person notice of the cancellation, unless notice of the date of the proposed cancellation was previously given.
Nothing in this section prevents the former local lawyer from applying for a local practising certificate at a later time.
(sec.104-ssec.1) This section applies if— a person’s name is removed from an interstate roll but he or she remains an Australian lawyer; and the person is the holder of a local practising certificate; and no order under section 107 (1) (b) is, at the time of that removal, in force in relation to the person’s local practising certificate.
(sec.104-ssec.2) The relevant regulatory authority must cancel the local practising certificate.
(sec.104-ssec.3) The relevant regulatory authority may, but need not, give the person notice of the date on which it proposes to cancel the local practising certificate.
(sec.104-ssec.4) The relevant regulatory authority must give the person notice of the cancellation, unless notice of the date of the proposed cancellation was previously given.
(sec.104-ssec.5) Nothing in this section prevents the former local lawyer from applying for a local practising certificate at a later time.
- (a) a person’s name is removed from an interstate roll but he or she remains an Australian lawyer; and
- (b) the person is the holder of a local practising certificate; and
- (c) no order under section 107 (1) (b) is, at the time of that removal, in force in relation to the person’s local practising certificate.