Legal Profession Act 1987 No 109
Repealed version for 15 August 2005 to 30 September 2005 (accessed 25 November 2014 at 08:32)
Part 3Division 1Section 38B

38B   Appeals relating to practising certificates

(1)  If a Council:
(a)  refuses to issue a practising certificate, or
(b)  refuses to issue a practising certificate of the kind applied for, or
(c)  attaches a condition to a practising certificate or varies a condition attached to a practising certificate, or
(d)  cancels or suspends a practising certificate,
the applicant for, or holder of, the practising certificate may appeal to the Supreme Court.
(1A)  If the Commissioner:
(a)  directs a Council to refuse to issue a practising certificate, or
(b)  cancels or suspends a practising certificate,
the applicant for, or holder of, the practising certificate may appeal to the Supreme Court against the decision of the Commissioner to make the direction or to cancel or suspend the practising certificate.
(1B)  An appeal may not be made under subsection (1) against the refusal of a Council to issue a practising certificate if the refusal was at the direction of the Commissioner.
(2)  The Supreme Court may make such order in the matter as it thinks fit.
(3)  Except to the extent (if any) that may be ordered by the Supreme Court, the lodging of an appeal does not stay the effect of the refusal, cancellation or suspension, or the attaching or variation of a condition, appealed against.
(4)  This section does not apply if a Council acts in conformity with a decision of the Tribunal that is in force.
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