Acts Amendment and Repeal (Courts and Legal Practice) Act 2003 (WA)

Western Australia

Acts Amendment and Repeal (Courts and Legal

Practice) Act 2003

Western Australia

Acts Amendment and Repeal (Competition

Policy) Act 2003

CONTENTS

Part 1 — Preliminary

1.	Short title	2
2.	Commencement	2
Part 2 — Repeal of *Legal*

Practitioners Act 1893 and

transitional and savings

provisions

Division 1 — Preliminary

3.	Interpretation	3
Division 2 — Repeal
4.	Legal Practitioners Act 1893 repealed	3
Division 3 — Transitional and savings

provisions

5.	Application of Interpretation Act 1984	3
6.	Legal Practice Board: transitional and savings
provisions	3
7.	Articled clerks: savings provision	5
8.	Managing clerks: savings provision	6
9.	Review of legal costs determination	6
10.	Powers in relation to transitional provisions	7

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Contents

Part 3 — Amendments to other Acts

consequential on enactment of

Legal Practice Act 2003

11.	Power to amend regulations	8
12.	Adoption Act 1994 amended	8
13.	Agricultural Practices (Disputes) Act 1995
amended	8
14.	Biological Control Act 1986 amended	9
15.	Builders’ Registration Act 1939 amended	9
16.	Censorship Act 1996 amended	11
17.	Children’s Court of Western Australia Act 1988
amended	11
18.	Chiropractors Act 1964 amended	12
19.	Civil Liability Act 2002 amended	12
20.	Coal Industry Tribunal of Western Australia
Act 1992 amended	13
21.	Commercial Arbitration Act 1985 amended	13
22.	Commercial Tribunal Act 1984 amended	14
23.	Companies (Co-operative) Act 1943 amended	15
24.	Consumer Affairs Act 1971 amended	15
25.	Coroners Act 1996 amended	15
26.	The Criminal Code amended	16
27.	Criminal Investigation (Exceptional Powers) and
Fortification Removal Act 2002 amended	16
28.	Debt Collectors Licensing Act 1964 amended	17
29.	Declarations and Attestations Act 1913 amended	17
30.	Dental Act 1939 amended	17
31.	Director of Public Prosecutions Act 1991 amended	18
32.	District Court of Western Australia Act 1969
amended	18
33.	Equal Opportunity Act 1984 amended	20
34.	Evidence Act 1906 amended	20
35.	Finance Brokers Control Act 1975 amended	20
36.	Fish Resources Management Act 1994 amended	21
37.	Fisheries Adjustment Schemes Act 1987 amended	22
38.	Gas Pipelines Access (Western Australia) Act 1998
amended	22
39.	Gender Reassignment Act 2000 amended	22

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Contents

40. Guardianship and Administration Act 1990

amended

41.

Industrial Relations Act 1979 amended

42.

Juries Act 1957 amended

43.

Justices Act 1902 amended

44.

Land Valuers Licensing Act 1978 amended

45.

Law Reform Commission Act 1972 amended

46. Law Society Public Purposes Trust Act 1985

amended

47.

Legal Aid Commission Act 1976 amended

48. Legal Practitioners Act Amendment Act 1976

amended

49.

Local Courts Act 1904 amended

50.

Long Service Leave Act 1958 amended

51.

Mental Health Act 1996 amended

52.

Mining Act 1978 amended

53. Motor Vehicle (Third Party Insurance) Act 1943

amended

54. Official Prosecutions (Defendants’ Costs) Act 1973

amended

55.

Osteopaths Act 1997 amended

56.

Psychologists Registration Act 1976 amended

57.

Public Notaries Act 1979 amended

58.

Racing Penalties (Appeals) Act 1990 amended

59. Real Estate and Business Agents Act 1978

amended

60.

Registration of Deeds Act 1856 amended

61.

Residential Tenancies Act 1987 amended

62.

Retirement Villages Act 1992 amended

63.

Royal Commission (Police) Act 2002 amended

64.

Sale of Land Act 1970 amended

65. Security and Related Activities (Control) Act 1996

amended

66.

Settlement Agents Act 1981 amended

67.

Strata Titles Act 1985 amended

68.

Suitors’ Fund Act 1964 amended

69.

Supreme Court Act 1935 amended

70. Town Planning and Development Act 1928

amended

71.

Women’s Legal Status Act 1923 amended

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Contents

72. Workers’ Compensation and Rehabilitation

Act 1981 amended

73.

Young Offenders Act 1994 amended

Part 4 — Legal Contribution Trust

Act 1967 amended and transitional provisions

74.	The Act amended	44
75.	Section 4 amended	44
76.	Sections 4A and 4B inserted	45

4A.

Application of Act to multi-disciplinary

partnerships and incorporated legal

practices

4B.

Application of this Act to interstate

practitioners and practitioners who engage

in legal practice outside the State

77.	Heading to Part III replaced	48
Part III — Interest on trust accounts paid to Fund
78.	Sections 10, 11 and 12 repealed and transitional
provision	48
79.	Section 13 replaced	49

13. Bank to pay interest on trust accounts to

Trust

80.	Section 14 amended	50
81.	Section 16 amended	50
82.	Section 17 replaced	50

17.

Investment of Guarantee Fund

83.	Section 18 amended	51
84.	Section 28 amended	51
85.	Section 51 amended	51
86.	Section 56 amended	52
87.	Transitional provisions	52
Part 5 — Amendments relating to

State Solicitor and savings

provision

88.	Bail Act 1982 amended	54
89.	The Criminal Code amended	54
90.	Crown Suits Act 1947 amended	55
91.	Escheat (Procedure) Act 1940 amended	55

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Contents

92. Financial Administration and Audit Act 1985

amended

93. The Grand Jury Abolition Act Amendment

Act 1883 amended

94.

Law Reform Commission Act 1972 amended

95.

Public Trustee Act 1941 amended

96. Workers’ Compensation and Rehabilitation

Act 1981 amended

97.

References to Crown Solicitor

Part 6 — Amendments to the Judges’

Salaries and Pensions Act 1950

98.	The Act amended	58
99.	Section 2 amended	58
100.	Section 6 amended	58
101.	Section 8B amended	59
102.	Section 11 amended	59
103.	Section 14 repealed	59
104.	Sections 16 to 19 inserted	59

16. Commutation of pension to meet

surcharge debt

17.

Benefit if no pension payable

18. Conversion of lump sum to meet

surcharge debt

19.

Administration costs

105.	Second Schedule amended	64
106.	State Superannuation (Transitional and
Consequential Provisions) Act 2000 amended	64

8A.

Reduction of spouse or de facto partner’s

pension

Part 7 — Amendments about

qualifications for appointment

107. Children’s Court of Western Australia Act 1988

amended

108.

Commercial Tribunal Act 1984 amended

109. Criminal Injuries Compensation Act 1985

amended

110.

Director of Public Prosecutions Act 1991 amended

111. District Court of Western Australia Act 1969

amended

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Contents

112.	Equal Opportunity Act 1984 amended	68
113.	Fisheries Adjustment Schemes Act 1987 amended	69
114.	Land Valuation Tribunals Act 1978 amended	69
115.	Land Valuers Licensing Act 1978 amended	70
116.	Racing Penalties (Appeals) Act 1990 amended	70
117.	Small Claims Tribunals Act 1974 amended	71

Eligibility to hold office as a referee

118.	Solicitor-General Act 1969 amended	71
119.	Supreme Court Act 1935 amended	72
120.	Transfer of Land Act 1893 amended	73
Part 8 — Amendments about the

Crown

121.	Bail Act 1982 amended	74
122.	Children’s Court of Western Australia Act 1988
amended	75
123.	The Criminal Code amended	75
124.	Director of Public Prosecutions Act 1991 amended	77
125.	District Court of Western Australia Act 1969
amended	78
126.	Family Court Act 1997 amended	79
127.	Juries Act 1957 amended	79
128.	Justices Act 1902 amended	80
129.	Local Courts Act 1904 amended	80
130.	Supreme Court Act 1935 amended	80

Western Australia

Acts Amendment and Repeal (Courts and Legal

Practice) Act 2003

No. 65 of 2003

An Act —

•	to repeal the *Legal Practitioners Act 1893*;
•	to make amendments as a consequence of that repeal and the enactment of the *Legal Practice Act 2003*;
•	for purposes related to that repeal and those amendments; and
•	to make other amendments relating to courts and legal practice.

[Assented to 4 December 2003]

The Parliament of Western Australia enacts as follows:

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Part 1	Preliminary
s. 1

Part 1 — Preliminary

1. Short title

This Act may be cited as the Acts Amendment and Repeal

(Courts and Legal Practice) Act 2003.

2. Commencement

(1)

This Act comes into operation on a day fixed by proclamation.

(2)

Different days may be fixed under subsection (1) for different

provisions.

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Repeal of Legal Practitioners Act 1893 and transitional and

Part 2

savings provisions

Preliminary

Division 1

s. 3

Part 2 — Repeal of Legal Practitioners Act 1893 and

transitional and savings provisions

Division 1 — Preliminary

3. Interpretation

In this Part —

“commencement day” means the day on which Part 1 of the

Legal Practice Act 2003 comes into operation;

“1893 Act” means the Legal Practitioners Act 1893;

“2003 Act” means the Legal Practice Act 2003.

Division 2 — Repeal

4. Legal Practitioners Act 1893 repealed

The Legal Practitioners Act 1893 is repealed.

Division 3 — Transitional and savings provisions

5. Application of Interpretation Act 1984

(1)

The provisions of the Interpretation Act 1984 about the repeal

of written laws and the substitution of other written laws for

those so repealed (for example, sections 16(1), 36 and 38) apply

to the repeal of the 1893 Act as if the 2003 Act repealed that

Act.

(2)

The other provisions of this Part are additional to the provisions

applied by subsection (1).

6. Legal Practice Board: transitional and savings provisions

(1)	In this section —
“former Board” means The Legal Practice Board established

under the 1893 Act;

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Part 2

Repeal of Legal Practitioners Act 1893 and transitional and

savings provisions

Division 3

Transitional and savings provisions

s. 6

“new Board” means the Legal Practice Board established under

the 2003 Act.

(2)

The new Board is the same entity as, and a continuation of, the

former Board, and the rights and liabilities of or in relation to

the former Board continue as rights and liabilities of or in

relation to the new Board.

(3)

Despite the repeal of the 1893 Act and the enactment of the

2003 Act —

(a)	section 4(1)(d) of the 1893 Act continues to apply to the terms of office being served immediately before the commencement day by members of the former Board elected under that provision; and
(b)	the new Board is to continue to be constituted in accordance with section 4(1)(d) of the 1893 Act, and the quorum is to continue to be determined in accordance with section 4(2a) of the 1893 Act,

until the next election of Board members after the

commencement day is held and the members so elected come

into office.

(4)	Despite section 7(2) of the 2003 Act, in the case of the 12 members of the new Board first elected after the coming into operation of this section —

(a)	the 6 members first elected are to hold office for a term of 2 years from the date of becoming a member; and
(b)	the 6 members next elected are to hold office for a term of one year from the date of becoming a member.

(5)

If any 2 or more of the elected members receive the same

number of votes, and the order of election of those members is

relevant for the purposes of subsection (4), the members are to

determine by lot which of them are appointed for 2 years.

(6)

The member of the former Board holding office as chairman of the former Board immediately before the commencement day is

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Repeal of Legal Practitioners Act 1893 and transitional and

Part 2

savings provisions

Transitional and savings provisions

Division 3

s. 7

to hold office as chairperson of the new Board until a

chairperson is elected under the 2003 Act.

(7)

The member of the former Board holding office as deputy

chairman of the former Board immediately before the

commencement day is to hold office as deputy chairperson of

the new Board until a deputy chairperson is elected under the

2003 Act.

(8)

An election for chairperson and deputy chairperson of the new

Board must be held within 6 months of the commencement day.

7. Articled clerks: savings provision

(1)

Any legal practitioner who on the commencement day has an

articled clerk within the meaning of the 2003 Act is taken to

have been approved under section 20 of the 2003 Act to take,

have and retain that articled clerk.

(2)

Despite the repeal of section 15(2)(b) of the 1893 Act, any

person who —

(a)	before the coming into operation of this section has commenced serving for a term of 5 years under articles of clerkship to a practitioner; and
(b)	serves for a term of 5 years under those articles and during that term —

(i) passes the examinations (if any) prescribed for the purposes of section 15(2)(b) of the 1893 Act or by the rules under the 2003 Act for the purposes of this section; and

(ii) satisfies the requirements for practical legal training prescribed by the rules under the 2003 Act for the purposes of this section,

is taken to be qualified to be admitted under section 27

of the 2003 Act.

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Part 2

Repeal of Legal Practitioners Act 1893 and transitional and

savings provisions

Division 3

Transitional and savings provisions

s. 8

(3)

Part 3 of the 2003 Act applies to a person referred to in subsection (2) and to the articles served by that person.

(4)

Despite the repeal of section 15(2)(b) of the 1893 Act, any

person who, before the coming into operation of this section,

has served for a term of 5 years under articles of clerkship to a

practitioner as required by the 1893 Act and at any time during

that term has passed the examinations prescribed for the

purposes of section 15(2)(b) of the 1893 Act is taken to be

qualified to be admitted under section 27 of the 2003 Act.

(5)

A person referred to in subsection (2) or (4) is, after being

admitted, subject to the same restrictions under section 33 of the

2003 Act as a person qualified to be admitted under

section 27(2)(a) of that Act.

8. Managing clerks: savings provision

(1)

Despite the repeal of sections 16, 17 and 19 of the 1893 Act,

those sections, and rules made under section 17 of that Act,

continue to apply in respect of a person who is a managing clerk

immediately before the commencement day as if the sections

had not been repealed.

(2)

An appeal that has been commenced under section 83 of the

1893 Act in respect of a refusal to grant a certificate under

section 16 of that Act may be continued and dealt with as if

those sections were still in operation.

9. Review of legal costs determination

Any legal costs determination made and in force under the

1893 Act immediately before the commencement day is to be

reviewed under section 211 of the 2003 Act in the period of

2 years after it was made or last reviewed under the 1893 Act,

as the case requires.

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Repeal of Legal Practitioners Act 1893 and transitional and

Part 2

savings provisions

Transitional and savings provisions

Division 3

s. 10

10. Powers in relation to transitional provisions

(1)

If there is no sufficient provision in this Part for dealing with a

transitional matter the Governor may make regulations

prescribing all matters that are required, necessary or convenient

to be prescribed in relation to that matter.

(2)

Regulations made under subsection (1) may provide that

specific provisions of the 2003 Act —

(a)	do not apply; or
(b)	apply with specific modifications,

to or in relation to any matter.

(3)	Regulations made under subsection (1) must be made within 12 months after the commencement day.
(4)	If regulations made under subsection (1) provide that a specified state of affairs is to be taken to have existed, or not to have existed, on and from a day that is earlier than the day on which the regulations are published in the Gazette but not earlier than the commencement day, the regulations have effect according to their terms.
(5)	In subsection (4) —
“specified” means specified or described in the regulations.
(6)	If regulations contain a provision referred to in subsection (4), the provision does not operate so as —

(a)	to affect in a manner prejudicial to any person (other than the State), the rights of that person existing before the day of publication of those regulations; or
(b)	to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the day of publication of

those regulations.

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Part 3

Amendments to other Acts consequential on enactment of

Legal Practice Act 2003

s. 11

Part 3 — Amendments to other Acts consequential on enactment of Legal Practice Act 2003

11. Power to amend regulations

(1)

The Governor, on the recommendation of the Attorney General,

may make regulations amending subsidiary legislation made

under any Act.

(2)

The Attorney General may make a recommendation under

subsection (1) only if the Attorney General considers that each

amendment proposed to be made by the regulations is necessary

or desirable as a consequence of the enactment of the Legal

Practice Act 2003 or this Act.

(3)

Nothing in this section prevents subsidiary legislation from

being amended in accordance with the Act under which it was

made.

12. Adoption Act 1994 amended

(1)	The amendments in this section are to the Adoption Act 1994*.
[* Reprinted as at 2 January 2001.

For subsequent amendments see Act No. 3 of 2002.]

(2)	Section 4(1) is amended by deleting the definition of “lawyer” and inserting the following definition instead — “

“lawyer” means a certificated practitioner within the

meaning of the Legal Practice Act 2003;

”.

13. Agricultural Practices (Disputes) Act 1995 amended

(1)

The amendments in this section are to the Agricultural Practices

(Disputes) Act 1995*.

[* Act No. 26 of 1995.]

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Amendments to other Acts consequential on enactment of

Part 3

Legal Practice Act 2003

s. 14

(2)	Section 25(2)(e) is amended by deleting “order made under section 58W of the Legal Practitioners Act 1893” and inserting instead —

“

legal costs determination (as defined in the

Legal Practice Act 2003)

”.

(3)	Schedule 1 clause 8(2) is amended by deleting “certificated legal practitioner within the meaning of the Legal Practitioners Act 1893” and inserting instead — “

certificated practitioner (within the meaning of the Legal

Practice Act 2003)

”.

14. Biological Control Act 1986 amended

(1)

The amendments in this section are to the Biological Control

Act 1986*.

[* Act No. 106 of 1986.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 33.]

(2)	Section 58(3) is amended by deleting “certificated legal practitioner within the meaning of the Legal Practitioners Act 1893” and inserting instead — “

certificated practitioner (within the meaning of the

Legal Practice Act 2003)

”.

15. Builders’ Registration Act 1939 amended

(1)	The amendments in this section are to the Builders’ Registration Act 1939*.

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Part 3

Amendments to other Acts consequential on enactment of

Legal Practice Act 2003

s. 15

[* Reprinted as at 11 January 2002.]

(2)	Section 2 is amended by deleting the definition of “Legal practitioner” and inserting the following definition instead — “

“legal practitioner” means a legal practitioner as

defined in the Legal Practice Act 2003;

”.

(3)	Section 5A(2) is amended by deleting “person who is a practitioner as defined by the Legal Practitioners Act 1893 and who is” and inserting instead —
“ legal practitioner ”.
(4)	Section 5B(3) is amended by deleting “he is a practitioner as defined by the Legal Practitioners Act 1893” and inserting instead —
“ he or she is a legal practitioner ”.
(5)	Sections 5C(1a)(a) and 27(2) are amended by deleting “practitioner as defined by the Legal Practitioners Act 1893” and inserting instead —
“ legal practitioner ”.
(6)	Section 45A(4)(a) is amended by deleting “legal practitioner” and inserting instead — “

certificated practitioner (within the meaning of the

Legal Practice Act 2003)

”.

(7)	Section 45A(5) is amended in the definition of “legally qualified person” by deleting “articled law clerk” and inserting instead —
“ articled clerk (as defined in the Legal Practice Act 2003) ”.
*Acts Amendment and Repeal (Courts and Legal Practice) Act 2003*

Amendments to other Acts consequential on enactment of

Part 3

Legal Practice Act 2003

s. 16

16. Censorship Act 1996 amended

(1)	The amendments in this section are to the Censorship Act 1996*.
[* Act No. 40 of 1996.]
(2)	Section 119(2)(c) is amended by deleting “as defined in section 3 of the Legal Practitioners Act 1893” and inserting instead —
“ (within the meaning of the Legal Practice Act 2003) ”.

17. Children’s Court of Western Australia Act 1988 amended

(1)

The amendments in this section are to the Children’s Court of

Western Australia Act 1988*.

[* Reprinted as at 25 August 2000.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 51 and Act No. 27 of 2002.]

(2)

Section 32(2) is amended by deleting “Legal Practitioners

Act 1893” and inserting instead —

“ Legal Practice Act 2003 ”.

(3)

Section 32(4) is amended by deleting the definition of

“certificated practitioner” and inserting the following definition

instead —

“

“certificated practitioner” means a certificated practitioner within the meaning of the Legal Practice Act 2003;

”.

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Part 3

Amendments to other Acts consequential on enactment of

Legal Practice Act 2003

s. 18

18. Chiropractors Act 1964 amended

(1)

The amendments in this section are to the Chiropractors

Act 1964*.

[* Reprinted as at 7 December 2001.]

(2)

Section 7(2)(a) is amended by deleting “person who is a

practitioner within the meaning of the Legal Practitioners

Act 1893,” and inserting instead —

“

legal practitioner (as defined in the Legal

Practice Act 2003)

”.

19. Civil Liability Act 2002 amended

(1)

The amendments in this section are to the Civil Liability

Act 2002.

[* Act No. 35 of 2002.]

(2)

Section 16 is amended by deleting the definition of “legal

practitioner” and inserting the following definition instead —

“

“legal practitioner” means a legal practitioner as

defined in the Legal Practice Act 2003.

”.

(3)	Section 17(2)(a)(i) is amended by deleting “an agreement under the Legal Practitioners Act 1893 section 59” and inserting instead —

“

a costs agreement within the meaning of the

Legal Practice Act 2003

”.

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Amendments to other Acts consequential on enactment of

Part 3

Legal Practice Act 2003

s. 20

20. Coal Industry Tribunal of Western Australia Act 1992 amended

(1)

The amendments in this section are to the Coal Industry

Tribunal of Western Australia Act 1992*.

[* Act No. 37 of 1992.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 54 and Act No. 20 of 2002.]

(2)

Section 14(6) is amended by deleting “within the meaning of

the Legal Practitioners Act 1893” and inserting instead —

“ (as defined in the Legal Practice Act 2003) ”.

21. Commercial Arbitration Act 1985 amended

(1)

The amendments in this section are to the Commercial

Arbitration Act 1985*.

[* Act No. 109 of 1985.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 56.]

(2)	Sections 20(5) and (6) are repealed and the following subsections are inserted instead —

“

(5)	A person who is not a legal practitioner does not breach the Legal Practice Act 2003 or any other Act merely by representing a party in arbitration proceedings under this Act.

(6) In this section —

“legal practitioner” means a legal practitioner as

defined in the Legal Practice Act 2003 or a person

entitled to practise as a legal practitioner in any

other place;

“legally qualified person” means —

(a)	a legal practitioner; or

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Part 3

Amendments to other Acts consequential on enactment of

Legal Practice Act 2003

s. 22

(b)	any other person who, in the opinion of the arbitrator or umpire, has such qualifications or experience in law (whether acquired in

Western Australia or in any other place in or outside Australia) as would be likely to afford an advantage in the proceedings.

”.

(3)	Section 61(1)(a) is amended by deleting “determination under section 58W of the Legal Practitioners Act 1893” and inserting instead —

“

legal costs determination (as defined in the

Legal Practice Act 2003)

”.

22. Commercial Tribunal Act 1984 amended

(1)

The amendments in this section are to the Commercial Tribunal

Act 1984*.

[* Reprinted as at 10 May 2002.]

(2)

Section 11(2) is amended by deleting “practitioner as defined by

the Legal Practitioners Act 1893” and inserting instead —

“

legal practitioner (as defined in the Legal Practice

Act 2003)

”.

(3)	Section 15(3) is amended by deleting “certificated legal practitioner within the meaning of the Legal Practitioners Act 1893” and inserting instead — “

certificated practitioner (within the meaning of the

Legal Practice Act 2003)

”.

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Amendments to other Acts consequential on enactment of

Part 3

Legal Practice Act 2003

s. 23

23. Companies (Co-operative) Act 1943 amended

(1)

The amendments in this section are to the Companies

(Co-operative) Act 1943*.

[* Reprinted as at 14 January 2000.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 60 and Gazette 28 June 2002

p. 3052-4.]

(2)

Section 397(3) is amended by deleting “of the Supreme Court of

Western Australia, as defined by the Legal Practitioners’

Act 1893” and inserting instead —

“ (within the meaning of the Legal Practice Act 2003) ”.

24. Consumer Affairs Act 1971 amended

(1)

The amendments in this section are to the Consumer Affairs

Act 1971*.

[* Reprinted as at 25 March 1999.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 74.]

(2)

Section 4(2b) is amended by deleting “Part IV of the Legal

Practitioners Act 1893” and inserting instead —

“ Part 12 of the Legal Practice Act 2003 ”.

25. Coroners Act 1996 amended

(1)	The amendments in this section are to the Coroners Act 1996*.
[* Reprinted as at 3 August 2001.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 77.]

(2)	Sections 6(6) and 7(4) are amended by deleting “practitioner as defined by the Legal Practitioners Act 1893” and inserting instead —

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Part 3

Amendments to other Acts consequential on enactment of

Legal Practice Act 2003

s. 26

“

legal practitioner (as defined in the Legal Practice

Act 2003)

”.

26. The Criminal Code amended

(1)	The amendments in this section are to The Criminal Code*.
[* Reprinted as at 9 February 2001 as the Schedule to the

Criminal Code appearing as Appendix B to the Criminal

Code Compilation Act 1913.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 89 and Acts Nos. 3, 6, 8 and

27 of 2002.]

(2)	Section 570(1) is amended by deleting the definition of “lawyer” and inserting the following definition instead — “

“lawyer” means a certificated practitioner within the

meaning of the Legal Practice Act 2003;

”.

(3)	Section 570H(2)(b) is amended by deleting “practitioner (as defined in the Legal Practitioners Act 1893)” and inserting instead —

“

legal practitioner (as defined in the Legal

Practice Act 2003)

”.

27. Criminal Investigation (Exceptional Powers) and Fortification Removal Act 2002 amended

(1)

The amendments in this section are to the Criminal

Investigation (Exceptional Powers) and Fortification Removal

Act 2002*.

[* Act No. 21 of 2002.]

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Amendments to other Acts consequential on enactment of

Part 3

Legal Practice Act 2003

s. 28

(2)

Section 19(1) is amended by deleting “within the meaning of

the Legal Practitioners Act 1893” and inserting instead —

“ (as defined in the Legal Practice Act 2003) ”.

28. Debt Collectors Licensing Act 1964 amended

(1)

The amendments in this section are to the Debt Collectors

Licensing Act 1964*.

[* Reprinted as approved 2 February 1972.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 96.]

(2)	Section 4(a) is deleted and the following paragraph is inserted instead —

“

(a)	a certificated practitioner (within the meaning of the Legal Practice Act 2003)

”.

29. Declarations and Attestations Act 1913 amended

(1)

The amendments in this section are to the Declarations and

Attestations Act 1913*.

[* Reprinted as at 24 May 2002.]

(2)

The Schedule item 11 is deleted and the following item is

inserted instead —

“

11. A legal practitioner (as defined in the Legal Practice Act 2003).

”.

30. Dental Act 1939 amended

(1)	The amendment in this section is to the Dental Act 1939*.
[* Reprinted as at 25 June 1999.]

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Part 3

Amendments to other Acts consequential on enactment of

Legal Practice Act 2003

s. 31

(2)	Section 4 is amended by deleting the definition of “legal practitioner”.

31. Director of Public Prosecutions Act 1991 amended

(1)

The amendments in this section are to the Director of Public

Prosecutions Act 1991*.

[* Reprinted as at 1 June 2001.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 100 and Act No. 27 of 2002.]

(2)	Section 3 is amended by deleting the definition of “legal practitioner” and inserting the following definition instead — “

“legal practitioner” means a legal practitioner as

defined in the Legal Practice Act 2003;

”.

32. District Court of Western Australia Act 1969 amended

(1)

The amendments in this section are to the District Court of

Western Australia Act 1969*.

[* Reprinted as at 19 January 2001.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 103 and Act No. 23 of 2002.]

(2)	Section 6 is amended by inserting the following definition in the appropriate alphabetical position — “

“legal practitioner” means a legal practitioner as

defined in the Legal Practice Act 2003;

”.

(3)

Section 17(1) is amended by deleting “practitioner as defined by

the Legal Practitioners Act 1893” and inserting instead —

“ legal practitioner ”.

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Amendments to other Acts consequential on enactment of

Part 3

Legal Practice Act 2003

s. 32

(4)	Section 39(1) is amended by deleting “, as defined by the Legal Practitioners Act 1893,” and inserting instead —
“ (within the meaning of the Legal Practice Act 2003) ”.
(5)	Section 40 is amended by deleting “as defined in the Legal Practitioners Act 1893,”.
(6)	Section 53(1) is amended by deleting “practitioner as defined in the Legal Practitioners Act 1893” and inserting instead —
“ legal practitioner ”.
(7)	Section 64(1) is amended by deleting “a determination in force under section 58W of the Legal Practitioners Act 1893” and inserting instead — “

any legal costs determination (as defined in the Legal

Practice Act 2003)

”.

(8)	Section 66 is amended as follows:

(a)	by deleting “as defined in the Legal Practitioners Act 1893,”;
(b)	by deleting “according to a determination in force under section 58W of the Legal Practitioners Act 1893” and inserting instead —

“

in accordance with any legal costs determination (as

defined in the Legal Practice Act 2003)

”.

(9)	Section 88(2)(b) is amended by deleting “determinations under section 58W of the Legal Practitioners Act 1893” and inserting instead —

“

legal costs determination (as defined in the

Legal Practice Act 2003)

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Part 3

Amendments to other Acts consequential on enactment of

Legal Practice Act 2003

s. 33

”.

33. Equal Opportunity Act 1984 amended

(1)

The amendments in this section are to the Equal Opportunity

Act 1984*.

[* Reprinted as at 21 July 2000.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 118 and Acts Nos. 3 and

20 of 2002.]

(2)	Section 4(1) is amended by deleting the definition of “legal practitioner” and inserting the following definition instead — “

“legal practitioner” means a legal practitioner as

defined in the Legal Practice Act 2003;

”.

34. Evidence Act 1906 amended

(1)	The amendments in this section are to the Evidence Act 1906*.
[* Reprinted as at 4 January 2001.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 121 and Acts Nos. 3 and 27 of 2002.]

(2)

Section 122 is amended by deleting “section 76(1) of the Legal

Practitioner’s Act 1893,” and inserting instead —

“ section 123 of the Legal Practice Act 2003 ”.

35. Finance Brokers Control Act 1975 amended

(1)

The amendments in this section are to the Finance Brokers

Control Act 1975*.

[* Reprinted as at 3 March 2000.

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Amendments to other Acts consequential on enactment of

Part 3

Legal Practice Act 2003

s. 36

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 126.]

(2)	Section 5(1)(f) is amended by deleting “certificated legal practitioners, within the meaning of the Legal Practitioners Act 1893,” and inserting instead —

“

certificated practitioners (within the meaning of

the Legal Practice Act 2003)

”.

(3)	Section 7(1)(c) and the “and” following is deleted and the following paragraph is inserted instead —

“

(c)	one shall be a legal practitioner (as defined in the Legal Practice Act 2003); and

”.

(4)	Section 19(6) is amended by deleting “certificated legal practitioner within the meaning of the Legal Practitioners Act 1893” and inserting instead — “

certificated practitioner (within the meaning of the

Legal Practice Act 2003)

”.

(5)

Section 19(7) is amended by deleting “legal practitioner” and

inserting instead —

“ certificated practitioner ”.

36. Fish Resources Management Act 1994 amended

(1)

The amendments in this section are to the Fish Resources

Management Act 1994*.

[* Reprinted as at 28 April 2000.

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Part 3

Amendments to other Acts consequential on enactment of

Legal Practice Act 2003

s. 37

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 141 and Act No. 2 of 2002.]

(2)

Section 153(5) is amended by deleting “within the meaning of

the Legal Practitioners Act 1893” and inserting instead —

“ (within the meaning of the Legal Practice Act 2003) ”.

37. Fisheries Adjustment Schemes Act 1987 amended

(1)	The amendments in this section are to the Fisheries Adjustment Schemes Act 1987*.
[* Reprinted as at 3 May 2002.]
(2)	Section 14U(5) is amended by deleting “within the meaning of the Legal Practitioners Act 1893” and inserting instead —
“ (within the meaning of the Legal Practice Act 2003) ”.

38. Gas Pipelines Access (Western Australia) Act 1998 amended

(1)

The amendments in this section are to the Gas Pipelines Access

(Western Australia) Act 1998*.

[* Reprinted as at 11 August 2000.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 148.]

(2)	Section 49 is amended by deleting the definition of “legal practitioner” and inserting the following definition instead — “

“legal practitioner” means a certificated practitioner

within the meaning of the Legal Practice

Act 2003.

”.

39. Gender Reassignment Act 2000 amended

(1)

The amendments in this section are to the Gender Reassignment

Act 2000*.

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Amendments to other Acts consequential on enactment of

Part 3

Legal Practice Act 2003

s. 40

[* Act No. 2 of 2000.]

(2)

Section 6(2)(a) is amended by deleting “as defined in the Legal

Practitioners Act 1893” and inserting instead —

“ (as defined in the Legal Practice Act 2003) ”.

40. Guardianship and Administration Act 1990 amended

(1)

The amendments in this section are to the Guardianship and

Administration Act 1990*.

[* Reprinted as at 21 April 1997.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 156-7 and Act No. 3 of 2002.]

(2)	Section 3(1) is amended by deleting the definition of “legal practitioner” and inserting the following definition instead — “

“legal practitioner” means a legal practitioner as

defined in the Legal Practice Act 2003;

”.

(3)	Section 6(3)(a) is amended by deleting “practitioner as defined in the Legal Practitioners Act 1893” and inserting instead —
“ legal practitioner ”.
(4)	Sections 51(3) and 70(3) are amended by deleting “Legal Practitioners Act 1893” and inserting instead —
“ Legal Practice Act 2003 ”.

41. Industrial Relations Act 1979 amended

(1)

The amendments in this section are to the Industrial Relations

Act 1979*.

[* Reprinted as at 4 February 2000.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 177 and Act No. 20 of 2002.]

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Part 3

Amendments to other Acts consequential on enactment of

Legal Practice Act 2003

s. 42

(2)	Section 7(1) is amended by deleting the definition of “legal practitioner” and inserting the following definition instead — “

“legal practitioner” means a certificated practitioner

within the meaning of the Legal Practice

Act 2003;

”.

(3)	Sections 42B(7), 97UJ(5) and 112A(3) are amended by deleting “section 77A of the Legal Practitioners Act 1893” and inserting instead —
“ section 123(3)(c) of the Legal Practice Act 2003 ”.

42. Juries Act 1957 amended

(1)

The amendments in this section are to the Juries Act 1957*.

[* Reprinted as at 3 July 2000.]

(2)

Sections 56A(1), in paragraph (b) of the definition of

“prosecuting officer”, 56B(2)(h) and 56C(2)(g) are amended by

deleting “practitioner as defined by the Legal Practitioners

Act 1893” and inserting instead —

“

legal practitioner (as defined in the Legal

Practice Act 2003)

”.

(3)	The Second Schedule Part I item 1(f) is deleted and the following paragraph is inserted instead —

“

(f)	Legal practitioner (as defined in the Legal Practice Act 2003).

”.

43. Justices Act 1902 amended

(1)	The amendments in this section are to the Justices Act 1902*.
*Acts Amendment and Repeal (Courts and Legal Practice) Act 2003*

Amendments to other Acts consequential on enactment of

Part 3

Legal Practice Act 2003

s. 44

[* Reprinted as at 8 October 2001.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 193 and Act No. 27 of 2002.]

(2)	Section 183 is amended by deleting the definition of “legal practitioner” and inserting the following definition instead — “

“legal practitioner” means a legal practitioner as

defined in the Legal Practice Act 2003;

”.

44. Land Valuers Licensing Act 1978 amended

(1)

The amendments in this section are to the Land Valuers

Licensing Act 1978*.

[* Reprinted as at 3 May 2002.]

(2)

Section 4 is amended by deleting the definition of “legal

practitioner” and inserting the following definition instead —

“

“legal practitioner” means a certificated practitioner

within the meaning of the Legal Practice

Act 2003;

”.

45. Law Reform Commission Act 1972 amended

(1)

The amendments in this section are to the Law Reform

Commission Act 1972*.

[* Reprinted as at 26 October 2001.]

(2)

Section 6(1) is amended as follows:

(a)	in paragraph (a) by deleting “within the meaning of section 3 of the Legal Practitioners Act 1893,” and inserting instead —

“

(within the meaning of the Legal Practice Act 2003)

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Part 3

Amendments to other Acts consequential on enactment of

Legal Practice Act 2003

s. 46

”;

(b)	meaning of section 3 of the Legal Practitioners

in paragraph (c) by deleting “practitioner within the “

legal practitioner (as defined in the Legal

Practice Act 2003)

”.

46. Law Society Public Purposes Trust Act 1985 amended

(1)

The amendments in this section are to the Law Society Public

Purposes Trust Act 1985*.

[* Act No. 60 of 1985.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 202.]

(2)	Section 2 is amended as follows:

(a)	by inserting before “In this Act” the subsection designation “(1)”;
(b)	by deleting the definitions of “trust account” and “trust moneys”;
(c)	in the definition of “Trust Deed” by deleting the semi-colon and inserting a full stop instead;
(d)	by adding the following subsection —

“

(2)	A word or expression used in this Act has the same meaning as it has in the Legal Practice Act 2003 unless —

(a)	this Act gives it another meaning; or
(b)	the contrary intention appears in some other way.

”.

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Amendments to other Acts consequential on enactment of

Part 3

Legal Practice Act 2003

s. 47

(3)

Section 3(1) is amended by deleting “by legal practitioners, or

firms of legal practitioners” and inserting instead —

“ under the Legal Practice Act 2003 ”.

47. Legal Aid Commission Act 1976 amended

(1)

The amendments in this section are to the Legal Aid

Commission Act 1976*.

[* Reprinted as at 5 March 1999.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 203.]

(2)	Section 4(1) is amended as follows:

(a)	by deleting the definitions of “Barristers’ Board” and “practitioner”;
(b)	by inserting the following definitions in the appropriate alphabetical positions —

“

“certificated practitioner” has the same meaning as

in the Legal Practice Act 2003;

“Legal Practice Board” means the Board established

by section 6 of the Legal Practice Act 2003;

“practitioner” means a legal practitioner as defined in

the Legal Practice Act 2003;

”;

(c)	by deleting the definition of “private practitioner” and inserting instead —

“

“private practitioner” means a certificated practitioner who is —

(a)	practising on his or her own account whether alone or in partnership;
(b)	an employee of a certificated practitioner who is so practising; or

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Part 3

Amendments to other Acts consequential on enactment of

Legal Practice Act 2003

s. 47

(c)	an employee or officer of an incorporated legal practice (as defined in the Legal Practice Act 2003);

”.

(3)	Section 14(1) is amended by deleting “Division 4 of Part VI of the Legal Practitioners Act 1893” and inserting instead —
“ Part 13 Division 3 of the Legal Practice Act 2003 ”.
(4)	Section 19(3) is amended by deleting “Legal Practitioners Act 1893” and inserting instead —
“ Legal Practice Act 2003 ”.
(5)	Section 39(1a) is amended by deleting “section 63(1) of the Legal Practitioners Act 1893” and inserting instead —
“ section 227(1) of the Legal Practice Act 2003 ”.
(6)	Section 40(4) is amended as follows:

(a)	in paragraph (b) —

(i) by inserting after “member of a firm” the following —

“

or director of an incorporated legal practice

”;

(ii) by inserting after “the firm” the following —

“ or incorporated legal practice ”;

(b)	in paragraph (c) —

(i) by inserting after “firm of private practitioners” the following —

“

or an officer or employee of an incorporated

legal practice

”;

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Amendments to other Acts consequential on enactment of

Part 3

Legal Practice Act 2003

s. 47

(ii) by deleting in the second place it occurs “or firm” and inserting instead —

“

, firm or incorporated legal practice

”.

(7)	Section 40(6a) is amended by deleting “Part IV of the Legal Practitioners Act 1893 by the Barristers’ Board” and inserting instead — “

Part 12 of the Legal Practice Act 2003 by the Legal

Practice Board

”.

(8)	Section 56(2)(f) is deleted and the following paragraph is inserted instead —

“

(f)	the Legal Practice Board,

”.

(9)

Section 61(1) is amended by deleting “Legal Practitioners

Act 1893” and inserting instead —

“ Legal Practice Act 2003 ”.

(10)

Section 61(4) is amended by deleting “Part V of the Legal

Practitioners Act 1893” and inserting instead —

“ Part 10 of the Legal Practice Act 2003 ”.

(11)

Section 64(2c) is amended by deleting “Barristers’ Board for the

purposes of the Legal Practitioners Act 1893” and inserting

instead —

“

Legal Practice Board for the purposes of the Legal

Practice Act 2003

”.

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Part 3

Amendments to other Acts consequential on enactment of

Legal Practice Act 2003

s. 48

(12)	Section 64(4)(c) is deleted and the following paragraph is inserted instead —

“

(c)	in an inquiry by the Legal Practice Board, or in proceedings before the Supreme Court, under the Legal Practice Act 2003.

”.

48. Legal Practitioners Act Amendment Act 1976 amended

Section 5 of the Legal Practitioners Act Amendment Act 1976*

is repealed.

[* Act No. 113 of 1976.]

49. Local Courts Act 1904 amended

(1)

The amendments in this section are to the Local Courts

Act 1904*.

[* Reprinted as at 12 January 2001.]

(2)

Section 83 is amended by deleting “determinations under

section 58W of the Legal Practitioners Act 1893” and inserting

instead —

“

legal costs determination (as defined in the Legal

Practice Act 2003

”.

(3)	Section 87 is amended by deleting “according to the costs fixed by determinations under section 58W of the Legal Practitioners Act 1893” and inserting instead —
“

in accordance with any legal costs determination (as

defined in the Legal Practice Act 2003)

”.

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Amendments to other Acts consequential on enactment of

Part 3

Legal Practice Act 2003

s. 50

50. Long Service Leave Act 1958 amended

(1)

The amendments in this section are to the Long Service Leave

Act 1958*.

[* Reprinted as approved 11 July 1974.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 222 and Act No. 20 of 2002.]

(2)	Section 37 is amended by deleting “legal practitioner who is a certificated practitioner under and for the purposes of the Legal Practitioners Act 1893” and inserting instead — “

certificated practitioner (within the meaning of the

Legal Practice Act 2003)

”.

51. Mental Health Act 1996 amended

(1)

The amendments in this section are to the Mental Health

Act 1996*.

[* Act No. 68 of 1996.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 231.]

(2)	Section 3 is amended by deleting the definition of “legal practitioner” and inserting the following definition instead — “

“legal practitioner” means a legal practitioner as

defined in the Legal Practice Act 2003;

”.

(3)	Schedule 2 clause 3(3) is amended by deleting “, within the meaning of the Legal Practitioners Act 1893,” and inserting instead —
“ (within the meaning of the Legal Practice Act 2003) ”.

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Part 3

Amendments to other Acts consequential on enactment of

Legal Practice Act 2003

s. 52

52. Mining Act 1978 amended

(1)	The amendments in this section are to the Mining Act 1978*.
[* Reprinted as at 7 September 2001.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 246 and Act No. 15 of 2002.]

(2)	Section 162(2)(r) is amended by deleting “determinations under section 58W of the Legal Practitioners Act 1893” and inserting instead —

“

legal costs determination (as defined in the

Legal Practice Act 2003)

”.

53. Motor Vehicle (Third Party Insurance) Act 1943 amended

(1)

The amendments in this section are to the Motor Vehicle (Third

Party Insurance) Act 1943*.

[* Reprinted as at 20 November 1998.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 252 and Act No. 7 of 2002.]

(2)	Section 27A(2) is amended by deleting “a determination in force under section 58W of the Legal Practitioners Act 1893” and inserting instead — “

any legal costs determination (as defined in the Legal

Practice Act 2003) that is in force

”.

54. Official Prosecutions (Defendants’ Costs) Act 1973 amended

(1)

The amendments in this section are to the Official Prosecutions

(Defendants’ Costs) Act 1973*.

[* Reprinted as at 19 February 1999.]

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Amendments to other Acts consequential on enactment of

Part 3

Legal Practice Act 2003

s. 55

(2)	Section 5(5) is repealed and the following is inserted instead —

“

(5)	The amount of costs ordered, other than Court fees, shall be in accordance with the scale fixed from time to time by a legal costs determination (as defined in the Legal Practice Act 2003).

”.

55. Osteopaths Act 1997 amended

(1)

The amendments in this section are to the Osteopaths

Act 1997*.

[* Act No. 58 of 1997.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 263.]

(2)	Section 3 is amended by deleting the definition of “legal practitioner” and inserting the following definition instead — “

“legal practitioner” means a legal practitioner as

defined in the Legal Practice Act 2003;

”.

56. Psychologists Registration Act 1976 amended

(1)

The amendments in this section are to the Psychologists

Registration Act 1976*.

[* Act No. 141 of 1976.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 301.]

(2)	Section 9(1)(d) is amended by deleting “practitioners within the meaning of the Legal Practitioners Act, 1893” and inserting instead —

“

legal practitioners (as defined in the Legal

Practice Act 2003)

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Part 3

Amendments to other Acts consequential on enactment of

Legal Practice Act 2003

s. 57

”.

57. Public Notaries Act 1979 amended

(1)

The amendments in this section are to the Public Notaries

Act 1979*.

[* Act No. 70 of 1979.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 303.]

(2)	Section 7(2)(a) is amended by deleting “Legal Practitioners Act, 1893” and inserting instead —
“ Legal Practice Act 2003 ”.
(3)	Section 15A is amended by deleting “by a determination under section 58W of the Legal Practitioners Act 1893” and inserting instead —
“

by legal costs determination (as defined in the Legal

Practice Act 2003)

”.

(4)

Section 16(2) is amended by deleting “Legal Practitioners

Act, 1893” and inserting instead —

“ Legal Practice Act 2003 ”.

58. Racing Penalties (Appeals) Act 1990 amended

(1)	The amendments in this section are to the Racing Penalties (Appeals) Act 1990*.
[* Reprinted as at 19 October 2001.]
(2)	Section 16(7) is amended by deleting “certificated legal practitioner within the meaning of the Legal Practitioners Act 1893” and inserting instead —
*Acts Amendment and Repeal (Courts and Legal Practice) Act 2003*

Amendments to other Acts consequential on enactment of

Part 3

Legal Practice Act 2003

s. 59

“

certificated practitioner (within the meaning of the

Legal Practice Act 2003)

”.

(3)	Section 25(2)(g) is amended by deleting “order made under section 58W of the Legal Practitioners Act 1893” and inserting instead —

“

legal costs determination (as defined in the

Legal Practice Act 2003)

”.

59. Real Estate and Business Agents Act 1978 amended

(1)

The amendments in this section are to the Real Estate and

Business Agents Act 1978*.

[* Reprinted as at 9 March 2001.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 317.]

(2)	Section 4(1) is amended by deleting the definition of “legal practitioner” and inserting the following definition instead — “

“legal practitioner” means a certificated practitioner

within the meaning of the Legal Practice

Act 2003;

”.

(3)	Section 131A is amended in the definition of “incidental expenses” by deleting paragraph (d) and inserting the following paragraph instead —

“

(d)	the costs of a legal practitioner;

”.

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Part 3

Amendments to other Acts consequential on enactment of

Legal Practice Act 2003

s. 60

60. Registration of Deeds Act 1856 amended

(1)

The amendments in this section are to the Registration of Deeds

Act 1856*.

[* Reprinted as approved 16 March 1976.]

(2)

Section 6 is amended by deleting “practitioner within the

meaning of the Legal Practitioners Act, 1893,” and inserting

instead —

“

legal practitioner (as defined in the Legal Practice

Act 2003)

”.

61. Residential Tenancies Act 1987 amended

(1)

The amendments in this section are to the Residential Tenancies

Act 1987*.

[* Reprinted as at 22 January 1999.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 321.]

(2)	Section 22(6) is amended as follows:

(a)	by deleting the definition of “legal practitioner” and inserting the following definition instead —

“

“legal practitioner” means a legal practitioner as

defined in the Legal Practice Act 2003;

”;

(b)

in the definition of “legally qualified person” by deleting “

articled clerk (as defined in the Legal Practice

Act 2003)

”.

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Amendments to other Acts consequential on enactment of

Part 3

Legal Practice Act 2003

s. 62

62. Retirement Villages Act 1992 amended

(1)

The amendments in this section are to the Retirement Villages

Act 1992*.

[* Reprinted as at 22 January 1999.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 323.]

(2)	Section 24 is amended by deleting “practitioner within the meaning of the term in the Legal Practitioners Act 1893” and inserting instead — “

legal practitioner (as defined in the Legal Practice

Act 2003)

”.

(3)	Section 47(8) is amended as follows:

(a)	by deleting the definition of “legal practitioner” and inserting the following definition instead —

“

“legal practitioner” means a legal practitioner as

defined in the Legal Practice Act 2003;

”;

(b)

in the definition of “legally qualified person” by deleting “

articled clerk (as defined in the Legal Practice

Act 2003)

”.

63. Royal Commission (Police) Act 2002 amended

(1)

The amendments in this section are to the Royal Commission

(Police) Act 2002*.

[* Act No. 10 of 2002.]

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Part 3

Amendments to other Acts consequential on enactment of

Legal Practice Act 2003

s. 64

(2)	Section 3(1) is amended by deleting the definition of “legal practitioner” and inserting the following definition instead — “

“legal practitioner” means a legal practitioner as

defined in the Legal Practice Act 2003;

”.

64. Sale of Land Act 1970 amended

(1)	The amendments in this section are to the Sale of Land Act 1970*.
[* Reprinted as at 25 January 2002.]
(2)	Section 14(2)(b)(ii) is amended by deleting “, as defined in section 3 of the Legal Practitioners Act 1893,” and inserting instead —
“ (within the meaning of the Legal Practice Act 2003) ”.

65. Security and Related Activities (Control) Act 1996 amended

(1)

The amendments in this section are to the Security and Related

Activities (Control) Act 1996*.

[* Act No. 27 of 1996.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 338.]

(2)	Section 28(2)(a) is amended by deleting “practitioner holding a current practice certificate under the Legal Practitioners Act 1893,” and inserting instead —

“

certificated practitioner (within the meaning of

the Legal Practice Act 2003)

”.

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Amendments to other Acts consequential on enactment of

Part 3

Legal Practice Act 2003

s. 66

66. Settlement Agents Act 1981 amended

(1)

The amendments in this section are to the Settlement Agents

Act 1981*.

[* Reprinted as at 3 November 2000.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 341.]

(2)	Section 3(1) is amended by deleting the definition of “legal practitioner” and inserting the following definition instead — “

“legal practitioner” means a certificated practitioner

within the meaning of the Legal Practice

Act 2003;

”.

(3)

Section 46(5) is amended by deleting “provisions of the Legal

Practitioners Act 1893” and inserting instead —

“ Legal Practice Act 2003, ”.

67. Strata Titles Act 1985 amended

(1)

The amendments in this section are to the Strata Titles

Act 1985*.

[* Reprinted as at 1 July 1999.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 363 and Act No. 24 of 2002.]

(2)	Section 72 is amended by deleting “practitioner within the meaning of the term in the Legal Practitioners Act 1893” and inserting instead — “

legal practitioner (as defined in the Legal Practice

Act 2003)

”.

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Part 3

Amendments to other Acts consequential on enactment of

Legal Practice Act 2003

s. 68

68. Suitors’ Fund Act 1964 amended

(1)

The amendments in this section are to the Suitors’ Fund

Act 1964*.

[* Reprinted as at 29 October 1999.]

(2)

Section 8(2)(c) is amended by deleting “Barristers’ Board

constituted under the Legal Practitioners Act 1893” and

inserting instead —

“

Legal Practice Board established by the Legal

Practice Act 2003

”.

69. Supreme Court Act 1935 amended

(1)

The amendments in this section are to the Supreme Court

Act 1935*.

[* Reprinted as at 9 February 2001.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 370 and Act No. 23 of 2002.]

(2)	Section 4 is amended by inserting the following definition in the appropriate alphabetical position — “

“legal practitioner” means a legal practitioner as

defined in the Legal Practice Act 2003;

”.

(3)	Section 11A(2)(a) is amended by deleting “practitioner as defined in the Legal Practitioners Act 1893” and inserting instead —
“ legal practitioner ”.
(4)	Section 11A(2)(b) is amended by deleting “person who has been admitted as a practitioner under the Legal Practitioners Act 1893” and inserting instead —
*Acts Amendment and Repeal (Courts and Legal Practice) Act 2003*

Amendments to other Acts consequential on enactment of

Part 3

Legal Practice Act 2003

s. 70

“ legal practitioner ”.

(5)	Section 11A(2a)(a) is amended by deleting “practitioner as defined in the Legal Practitioners Act 1893” and inserting instead —
“ legal practitioner ”.
(6)	Section 49(1) is amended by deleting “practitioner of the Supreme Court” and inserting instead —
“ legal practitioner ”.
(7)	Section 154(1) is amended by deleting “practitioner as defined by the Legal Practitioners Act 1893” and inserting instead —
“ legal practitioner ”.
(8)	Section 167(1) is amended as follows:

(a)

section 58W of the Legal Practitioners Act 1893” and

in paragraph (d) by deleting “determinations under “

legal costs determination (as defined in the

Legal Practice Act 2003)

”;

(b)	in paragraph (da) by deleting “the subject of a determination under section 58W of the Legal Practitioners Act 1893” and inserting instead —

“

fixed by legal costs determination (as defined in

the Legal Practice Act 2003)

”.

70. Town Planning and Development Act 1928 amended

(1)	The amendments in this section are to the Town Planning and Development Act 1928*.

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Part 3

Amendments to other Acts consequential on enactment of

Legal Practice Act 2003

s. 71

[* Reprinted as at 3 November 2000.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 382 and Acts Nos. 25 of 2001

and 24 of 2002.]

(2)	Section 42(2)(a) is amended by deleting “practitioner as defined by the Legal Practitioners Act 1893” and inserting instead —

“

legal practitioner (as defined in the Legal

Practice Act 2003)

”.

71. Women’s Legal Status Act 1923 amended

(1)

The amendments in this section are to the Women’s Legal Status

Act 1923*.

[* Act No. 56 of 1923.]

(2)

Section 2 is amended by deleting “practitioner within the

meaning of that term in the Legal Practitioners Act 1893” and

inserting instead —

“

legal practitioner (as defined in the Legal Practice

Act 2003)

”.

72. Workers’ Compensation and Rehabilitation Act 1981 amended

(1)

The amendments in this section are to the Workers’

Compensation and Rehabilitation Act 1981*.

[* Reprinted as at 14 September 2001.]

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Amendments to other Acts consequential on enactment of

Part 3

Legal Practice Act 2003

s. 73

(2)	Sections 84X(2)(a), 84ZL(2)(a), 84ZQ(1)(a) and 87(2) are amended by deleting “a determination in force under section 58W of the Legal Practitioners Act 1893” and inserting instead —

“

any legal costs determination (as defined in the

Legal Practice Act 2003)

”.

73. Young Offenders Act 1994 amended

(1)

The amendments in this section are to the Young Offenders

Act 1994*.

[* Reprinted as at 8 December 2000.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 423.]

(2)	Section 152(5)(b) is amended by deleting “practitioner as defined in the Legal Practitioners Act 1893” and inserting instead —

“

legal practitioner (as defined in the Legal

Practice Act 2003)

”.

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Part 4

Legal Contribution Trust Act 1967 amended and transitional

provisions

Part 4 — Legal Contribution Trust Act 1967 amended

and transitional provisions

74. The Act amended

The amendments in this Part are to the Legal Contribution Trust

Act 1967*.

[* Reprinted as at 5 February 1999.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 204.]

75. Section 4 amended

Section 4 is amended as follows:

(a)	by inserting before “In this Act” the subsection designation “(1)”;
(b)	by deleting the definition of “Board”;
(c)	by inserting in the appropriate alphabetical positions the following definitions —

“

“bank” means —

(a)	an ADI (authorised deposit-taking institution) as defined in section 5 of the Banking Act 1959 of the Commonwealth; or
(b)	a bank constituted by a law of a State or the Commonwealth;

“prescribed” means prescribed by the regulations;

”;

(d)	by deleting the definition of “practitioner” and inserting instead —

“

“practitioner” has the same meaning as “legal

practitioner” in the Legal Practice Act 2003 and,

for the purposes of Parts III and IV, where a

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Legal Contribution Trust Act 1967 amended and transitional

Part 4

provisions

s. 76

practitioner practises in partnership with other

practitioners, and no other person, the expression

includes the partnership;

”;

(e)	in the definition of “professional defalcation” by deleting “clerks or servants” and inserting instead —

“ employees ”;

(f)	in the definition of “trust account” by deleting “Legal Practitioners Act 1893” and inserting instead —

“ Legal Practice Act 2003 ”.

(2)	At the end of section 4 the following subsection is inserted —

“

(2)	A word or expression used in this Act has the same meaning as it has in the Legal Practice Act 2003 unless —

(a)	this Act gives it another meaning; or

(b) the contrary intention appears.

”.

76. Sections 4A and 4B inserted

After section 4 the following sections are inserted in Part I —

“

4A.

Application of Act to multi-disciplinary

partnerships and incorporated legal practices

(1)

Subject to subsections (2) and (3) and any regulations

that provide otherwise, this Act applies to incorporated

legal practices and multi-disciplinary partnerships in

the same way as it applies to practitioners, as if a

reference in this Act to “practitioner” included a

reference to “incorporated legal practice” and

“multi-disciplinary partnership”.

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Part 4

Legal Contribution Trust Act 1967 amended and transitional

provisions

s. 76

(2)	For the purposes of the application of this Act to incorporated legal practices, unless the regulations provide otherwise, a reference in this Act to “professional defalcation” is taken to include the stealing or fraudulent conversion, by —

(a) an incorporated legal practice;

(b)	any one or more of the officers or employees of the incorporated legal practice; or
(c)	a person with whom the incorporated legal practice shares receipts (other than as principal and agent),

of money or other property at any time entrusted to the

incorporated legal practice, a person referred to in

paragraph (b) or (c), or any of them, but only if the

defalcation occurs in the course of the provision of

legal services.

(3)	For the purposes of the application of this Act to multi-disciplinary partnerships, unless the regulations provide otherwise, a reference in this Act to “professional defalcation” is taken to include the stealing or fraudulent conversion, by —

(a) a multi-disciplinary partnership;

(b)	any one or more of the partners or employees of the multi-disciplinary partnership; or
(c)	a person with whom the multi-disciplinary partnership shares receipts (other than as principal and agent),

of money or other property at any time entrusted to the

multi-disciplinary partnership, a person referred to in

paragraph (b) or (c), or any of them, but only if the

defalcation occurs in the course of the provision of

legal services.

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Legal Contribution Trust Act 1967 amended and transitional

Part 4

provisions

s. 76

(4)	Nothing in this section limits the application of this Act to a person who is a practitioner.

4B.

Application of this Act to interstate practitioners

and practitioners who engage in legal practice

outside the State

(1)	In this section —
“contributing interstate practitioner” means an

interstate practitioner within the meaning of the

Legal Practice Act 2003 who —

(i) has complied with sections 91 and 93 of that Act; and

(ii) maintains a trust account in this State.

(2)

Subject to subsection (3) and any regulations that provide otherwise, this Act applies to contributing interstate practitioners in the same way as it applies to

practitioners, as if a reference in this Act to

“practitioner” included a reference to “contributing

interstate practitioner”.

(3)

Subject to this Act and any regulations that provide

otherwise, a claim lies against the Guarantee Fund —

(a)	in relation to a pecuniary loss occurring wholly in this State from a professional defalcation by a local practitioner (whether or not in the
course of engaging in legal practice in this State);
(b)	in relation to a pecuniary loss occurring wholly in this State from a professional defalcation by a contributing interstate practitioner (whether or
not in the course of engaging in legal practice in this State);
(c)	in relation to a pecuniary loss from a professional defalcation by a local practitioner

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Part 4

Legal Contribution Trust Act 1967 amended and transitional

provisions

s. 77

(whether or not in the course of engaging in

legal practice in this State), if —

(i) the loss occurred both in this State and in another State; or

(ii) the loss occurred in this State or another State or both, but it cannot be determined precisely where the loss occurred;

(d)	in the circumstances where an agreement or arrangement under subsection (4) provides that a claim is payable.

(4)

The Legal Contribution Trust may make agreements or

arrangements with a regulatory authority of another

State for the payment of claims arising from

professional defalcations by local practitioners or

interstate practitioners who are required to contribute to

a fidelity fund in this State and in that other State.

(5)

This section applies despite anything to the contrary in

this Act.

”.

77. Heading to Part III replaced

The heading to Part III is deleted and the following heading is

inserted instead —

“

Part III — Interest on trust accounts paid

to Fund

”.

78. Sections 10, 11 and 12 repealed and transitional provision

(1)	Sections 10, 11 and 12 are repealed.
*Acts Amendment and Repeal (Courts and Legal Practice) Act 2003*

Legal Contribution Trust Act 1967 amended and transitional

Part 4

provisions

s. 79

(2)	Despite section 11 of The Criminal Code, a person may be punished after the commencement of subsection (1) for an offence against repealed section 11.

79. Section 13 replaced

Section 13 is repealed and the following section is inserted

instead —

“

13. Bank to pay interest on trust accounts to Trust

(1)	In this section —
“relevant period” means —

(a)	the 6 months ending on 31 December; and
(b)	the 6 months ending on 30 June,

in each financial year, or such other period as is

prescribed.

(2)

Each bank with which a trust account is maintained

shall pay to the Trust the prescribed percentage of the

interest earned on the moneys in the trust account

during the relevant period.

(3)

The interest shall be paid to the Trust by the bank at

such times as prescribed.

(4)

The rate of interest payable on moneys in the trust

account shall be —

(a)	the rate prescribed by, or determined in accordance with, the regulations; or
(b)	if no regulations are made as to such a rate, the rate agreed between the bank and the Trust.

(5)	This section does not apply in respect of a trust account if, during the relevant period, the lowest balance of the trust account, or where more than one trust account is

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Part 4

Legal Contribution Trust Act 1967 amended and transitional

provisions

s. 80

maintained by the same practitioner, the lowest sum of

the balance of the trust accounts is less than $500.

”.

80. Section 14 amended

Section 14(1) is amended by deleting “resulting from

investments made” and inserting instead —

“ received ”.

81. Section 16 amended

Section 16(2)(d) and “and” following are deleted and the

following paragraph is inserted instead —

“

(d)	moneys paid to the Trust under section 93 or 146 of the Legal Practice Act 2003; and

”.

82. Section 17 replaced

Section 17 is repealed and the following section is inserted

instead —

“

17. Investment of Guarantee Fund

(1)	The Trust may, with the approval of the Minister, invest that portion of the Guarantee Fund that is not immediately required for the purposes of this Part —

(a)	on deposit with a bank in the State, bearing interest at a rate agreed between the bank and the Trust;
(b)	on loan to the Treasurer at a rate of interest that is agreed with the Treasurer; or
(c)	as trust funds may be invested under Part III of the Trustees Act 1962.

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Legal Contribution Trust Act 1967 amended and transitional

Part 4

provisions

s. 83

(2)	The Trust shall apply the moneys resulting from investment under subsection (1) in the manner provided by section 14.

”.

83. Section 18 amended

Section 18(1) is amended by deleting “section 58D(b) of the

Legal Practitioners Act 1893” and inserting instead —

“

section 151(1)(b) of the Legal Practice Act 2003

”.

84. Section 28 amended

(1)	Section 28(1) is amended by deleting “practitioner” in the 3 places where it occurs and substituting in each place —
“ person ”.
(2)	Section 28(2) is amended by deleting “practitioner” and inserting instead —
“ person ”.

85. Section 51 amended

Section 51(2) is repealed and the following subsection is

inserted —

“

(2)	An action shall not lie against a practitioner or a bank by reason of anything done by the bank in compliance with section 13.

”.

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Court of another State or a Territory of not less than 8 years’ standing and practice.

”.

110. Director of Public Prosecutions Act 1991 amended

(1)

The amendments in this section are to the Director of Public

Prosecutions Act 1991*.

[* Reprinted as at 1 June 2001.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 100 and Act No. 27 of 2002.]

(2)	Section 5(2) is amended by inserting after “legal practitioner” — “

or a barrister or solicitor of the Supreme Court of

another State or a Territory

”.

111. District Court of Western Australia Act 1969 amended

(1)

The amendments in this section are to the District Court of

Western Australia Act 1969*.

[* Reprinted as at 19 January 2001.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 103 and Act No. 23 of 2002.]

(2)

Section 6 is amended by inserting before “In this Act” the

subsection designation (1).

(3)

At the end of section 6 the following subsection is inserted —

“

(2)	For the purposes of this Act, “legal experience” is —

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Part 7

Amendments about qualifications for appointment

s. 112

(a)	standing and practice in the State as a legal practitioner;
(b)	standing and practice in another State or a Territory as a barrister or solicitor of the Supreme Court of that State or Territory;
(c)	judicial service (including service as a judge of a court, a magistrate or other judicial officer) in the State or elsewhere in a common law

jurisdiction; or

(d)	a combination of 2 or more kinds of legal experience defined in this subsection.

”.

(4)	Section 10(2) is repealed and the following subsection is inserted instead —

“

(2)	A person is eligible for appointment as a District Court Judge if that person —

(a)	is or has been a legal practitioner and has had not less than 8 years’ legal experience; or
(b)	is a practising barrister of the High Court of Australia and has had not less than 8 years’ legal experience.

”.

112. Equal Opportunity Act 1984 amended

(1)

The amendments in this section are to the Equal Opportunity

Act 1984*.

[* Reprinted as at 21 July 2000.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 118 and Acts Nos. 3 and 20

of 2002.]

(2)

Section 96(2)(a) is amended by inserting after “legal

practitioner” —

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Amendments about qualifications for appointment	Part 7
s. 113

“

or a barrister or solicitor of the Supreme Court of

another State or a Territory

”.

113. Fisheries Adjustment Schemes Act 1987 amended

(1)	The amendments in this section are to the Fisheries Adjustment Schemes Act 1987*.
[* Reprinted as at 3 May 2002.]
(2)	Section 14O(2)(a) is amended by deleting “practitioner as defined in the Legal Practitioners Act 1893” and inserting instead —
“

legal practitioner (as defined in the Legal Practice Act 2003) or a barrister or solicitor of the Supreme Court of another State or a Territory

”.

114. Land Valuation Tribunals Act 1978 amended

(1)

The amendments in this section are to the Land Valuation

Tribunals Act 1978*.

[* Act No. 75 of 1978.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 201.]

(2)	Section 6(1)(a) is amended by deleting “practitioner as defined by the Legal Practitioners Act, 1893” and inserting instead —

“

legal practitioner (as defined in the Legal

Practice Act 2003) or a barrister or solicitor of

the Supreme Court of another State or a

Territory

”.

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Part 7	Amendments about qualifications for appointment
s. 115

115. Land Valuers Licensing Act 1978 amended

(1)

The amendments in this section are to the Land Valuers

Licensing Act 1978*.

[* Reprinted as at 3 May 2002.]

(2)

Section 6(1)(a) is amended by inserting after “legal

practitioner” —

“

or a barrister or solicitor of the Supreme Court

of another State or a Territory

”.

(3)	Section 6(4)(a) is amended by inserting after “legal practitioner” —

“

or barrister or solicitor of the Supreme Court of

another State or a Territory

”.

116. Racing Penalties (Appeals) Act 1990 amended

(1)

The amendments in this section are to the Racing Penalties

(Appeals) Act 1990*.

[* Reprinted as at 19 October 2001.]

(2)

Section 5(1) is amended by deleting “practitioner, as defined by

the Legal Practitioners Act 1893” and inserting instead —

“

legal practitioner (as defined in the Legal Practice Act 2003) or a barrister or solicitor of the Supreme Court of another State or a Territory

”.

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Amendments about qualifications for appointment	Part 7
s. 117

117. Small Claims Tribunals Act 1974 amended

(1)

The amendments in this section are to the Small Claims

Tribunals Act 1974*.

[* Reprinted as approved 2 July 1999.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 344.]

(2)	Section 7 is repealed and the following section is inserted instead —

“

7. Eligibility to hold office as a referee

Any person who is a legal practitioner (as defined in

the Legal Practice Act 2003) or a barrister or solicitor

of the Supreme Court of another State or a Territory

may be appointed and hold office as a referee.

”.

118. Solicitor-General Act 1969 amended

(1)

The amendments in this section are to the Solicitor-General

Act 1969*.

[* Act No. 38 of 1969.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 346.]

(2)	Section 3(2) is repealed and the following subsection is inserted instead —

“

(2)	A person is not eligible for appointment as Solicitor-General unless he or she is a legal practitioner (as defined in the Legal Practice Act 2003) or a barrister or solicitor of the Supreme Court of another State or a Territory of not less than eight years’ standing and practice.

”.

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Part 7	Amendments about qualifications for appointment
s. 119

119. Supreme Court Act 1935 amended

(1)

The amendments in this section are to the Supreme Court

Act 1935*.

[* Reprinted as at 9 February 2001.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 370 and Act No. 23 of 2002.]

(2)

Section 4 is amended by inserting before “In this Act” the

subsection designation (1).

(3)

At the end of section 4 the following subsection is inserted —

“

(2)	For the purposes of this Act, “legal experience” is —

(a)	standing and practice in the State as a legal practitioner;
(b)	standing and practice in another State or a Territory as a barrister or solicitor of the Supreme Court of that State or Territory;
(c)	judicial service (including service as a judge of a court, a magistrate or other judicial officer) in the State or elsewhere in a common law

jurisdiction; or

(d)	a combination of 2 or more kinds of legal experience defined in this subsection.

”.

(4)	Section 8(1) is repealed and the following subsection is inserted instead —

“

(1)	A person is eligible for appointment as a Judge of the Court if that person —

(a)	is or has been a legal practitioner and has had not less than 8 years’ legal experience; or

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Amendments about qualifications for appointment	Part 7
s. 120

(b)	is a practising barrister of the High Court of Australia and has had not less than 8 years’ legal experience.

”.

120. Transfer of Land Act 1893 amended

(1)

The amendments in this section are to the Transfer of Land

Act 1893*.

[* Reprinted as at 9 February 2001.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 385.]

(2)	Section 5 is amended by deleting “barrister or solicitor of the English Irish or Colonial Courts” and inserting instead — “

legal practitioner (as defined in the Legal Practice Act 2003) or a barrister or solicitor of the Supreme Court of another State or a Territory

”.

(3)	Section 6(2) is amended by deleting “he is a practitioner, as defined by the Legal Practitioners Act 1893” and inserting instead —
“

he or she is a legal practitioner (as defined in the Legal

Practice Act 2003) or a barrister or solicitor of the

Supreme Court of another State or a Territory

”.

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Part 8	Amendments about the Crown
s. 121

Part 8 — Amendments about the Crown

121. Bail Act 1982 amended

(1)	The amendments in this section are to the Bail Act 1982*.
[* Reprinted as at 27 August 1999.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 27 and Acts Nos. 6 and 27 of

2002.]

(2)

Section 3(1) is amended by deleting the definition of

“prosecutor” and inserting instead —

“

“prosecutor” includes —

(a)	in the case of an offence charged in a complaint, the complainant;
(b)	in the case of an offence charged in an indictment, the State or the Commonwealth, as the case may be;

”.

(3)

Each of the provisions in the Table to this subsection is

amended by deleting “Crown” in each place where it occurs and

in each case inserting instead —

“ State ”.

Table

s. 19(2)(b)	s. 58(1)
s. 49(1)	s. 58(2)
s. 49(3)	s. 59 (2 places)
s. 57(1)	Schedule 1 Part D cl. 1(2)(e)
s. 57(3)

(4)

Section 63 is amended by deleting “Crown” and inserting

instead —

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Amendments about the Crown	Part 8
s. 122

“ State or the Commonwealth ”.

122. Children’s Court of Western Australia Act 1988 amended

(1)

The amendments in this section are to the Children’s Court of

Western Australia Act 1988*.

[* Reprinted as at 25 August 2000.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 51 and Act No. 27 of 2002.]

(2)	Section 19B(4)(b) is amended by deleting “Crown” and inserting instead —
“ State ”.
(3)	Section 19E is amended by deleting “the Crown in the right of ”.
(4)	Section 32(2)(a)(i) is amended by deleting “Crown” and inserting instead —
“ State ”.
(5)	Section 32(4) is amended in the definition of “public authority” by deleting “the Crown in right of ”.
(6)	Schedule 1 is amended by deleting “our Sovereign Lady Queen Elizabeth the Second, Her Heirs and Successors” in the 2 places where it occurs and in each place inserting instead —
“ the State of Western Australia ”.

123. The Criminal Code amended

(1)	The amendments in this section are to The Criminal Code*.
[* Reprinted as at 9 February 2001 as the Schedule to the

Criminal Code appearing as Appendix B to the Criminal

Code Compilation Act 1913.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 89 and Acts Nos. 3, 6, 8 and

27 of 2002.]

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Part 8	Amendments about the Crown
s. 123

(2)

Each of the provisions in the Table to this subsection is

amended by deleting “Crown” in each place where it occurs and

in each case inserting instead —

“ prosecutor ”.

Table

s. 577 (2 places)	s. 632A
s. 616(1)	s. 646
s. 617A	s. 651A(5)
s. 618(3)

(3)	Section 581 is amended by deleting “Crown” in the 2 places where it occurs and in each place inserting instead —
“ State ”.
(4)	Section 584(14) is amended by deleting “Her Majesty” and inserting instead —
“ the State ”.
(5)	Section 609 is amended by deleting “Crown” and inserting instead —
“ State or the Commonwealth ”.
(6)	Section 628 is amended as follows:

(a)	by deleting “Crown” in the first and third places where it occurs and in each place inserting instead —

“ prosecutor ”;

(b)	in paragraph (2) by deleting “Crown” and inserting instead —

“ State or the Commonwealth, as the case may be, ”.

(7)

Section 633 is amended by deleting “Crown” and inserting

instead —

“ State or the Commonwealth, as the case may be, ”.

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Amendments about the Crown	Part 8
s. 124

(8)	Section 637 is amended by deleting “counsel for the Crown” in the 4 places where it occurs and in each place inserting instead —
“ prosecutor ”.
(9)	Section 693A(4) is amended by deleting “Crown” and inserting instead —
“ State ”.
(10)	Section 701(2) is amended by deleting “for the Crown thereon”.
(11)	Section 720 is amended by deleting “Queen” and inserting instead —
“ State ”.
(12)	Section 729(3) is amended by deleting “Crown” in the 3 places where it occurs and in each place inserting instead —
“ prosecution ”.
(13)	Section 746A(1) is amended as follows:

(a)	by deleting “prosecution” and inserting instead —

“ State ”;

(b)	by deleting “Crown” and inserting instead —

“ State ”.

(14)

Section 746A(4) is amended by deleting “Crown” and inserting

instead —

“ State ”.

124. Director of Public Prosecutions Act 1991 amended

(1)

The amendments in this section are to the Director of Public

Prosecutions Act 1991*.

[* Reprinted as at 1 June 2001.

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003

Part 8	Amendments about the Crown
s. 125

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 100 and Act No. 27 of 2002.]

(2)

Section 10(1)(a) is amended by deleting “Crown” and inserting

instead —

“ State ”.

125. District Court of Western Australia Act 1969 amended

(1)

The amendments in this section are to the District Court of

Western Australia Act 1969*.

[* Reprinted as at 19 January 2001.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 103 and Act No. 23 of 2002.]

(2)	Section 6 is amended as follows:

(a)	in the definition of “action” by deleting “by the Crown”;
(b)	in the definition of “cause” by deleting “by the Crown”.

(3)	Section 10(1) is amended by deleting “in Her Majesty’s name” and inserting instead —
“ under the Public Seal of the State ”.
(4)	Section 11(1) is amended by deleting “Her Majesty” and inserting instead —
“ the Governor ”.
(5)	Section 18A(1) is amended by deleting “in Her Majesty’s name” and inserting instead —
“ under the Public Seal of the State ”.
(6)	Section 18A(3) is amended by deleting “in Her Majesty’s name” and inserting instead —
“ under the Public Seal of the State ”.
*Acts Amendment and Repeal (Courts and Legal Practice) Act 2003*

Amendments about the Crown	Part 8
s. 126

(7)	Section 24(1) is amended by deleting “in Her Majesty’s name” and inserting instead —
“ under the Public Seal of the State ”.
(8)	The Schedule is amended by deleting “our Sovereign Lady Queen Elizabeth the Second Her Heirs and Successors” in the 2 places where it occurs and in each place inserting instead —
“ the State of Western Australia ”.

126. Family Court Act 1997 amended

(1)

The amendments in this section are to the Family Court Act

1997*.

[* Act 40 of 1997.

For subsequent amendments see 2001 Index to Legislation of Western Australia, Table 1, p. 124 and Acts Nos. 3 and 25 of 2002.]

(2)

Schedule 1 item 1 is amended by deleting “Her Majesty Queen

Elizabeth the Second, Her heirs and successors” in each place

where it occurs and in each place inserting instead —

“ the State of Western Australia ”.

127. Juries Act 1957 amended

(1)	The amendments in this section are to the Juries Act 1957*.
[* Reprinted as at 3 July 2000.]
(2)	Section 38(1) is amended by deleting “those prosecuting for the Crown” and inserting instead —
“ the prosecution ”.
(3)	Section 52(1) is amended by deleting “Crown” and inserting instead —
“ prosecution ”.

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Part 8	Amendments about the Crown
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128. Justices Act 1902 amended

(1)	The amendments in this section are to the Justices Act 1902*.
[* Reprinted as at 8 October 2001.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 193 and Act No. 27 of 2002.]

(2)	Section 154A(1) is amended by deleting “Crown” in the 2 places where it occurs and in each place inserting instead —
“ State ”.
(3)	Section 154A(3) is amended by deleting “Crown” and inserting instead —
“ State ”.
(4)	Section 206D is amended by deleting “Crown” and inserting instead —
“ State ”.

129. Local Courts Act 1904 amended

(1)	The amendments in this section are to the Local Courts Act 1904*.
[* Reprinted as at 12 January 2001.]
(2)	Section 3 is amended in the definition of “Minister” by deleting “Crown” and inserting instead —
“ State ”.

130. Supreme Court Act 1935 amended

(1)

The amendments in this section are to the Supreme Court

Act 1935*.

[* Reprinted as at 9 February 2001.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 370 and Act No. 23 of 2002.]

(2)	Section 4 is amended as follows:
*Acts Amendment and Repeal (Courts and Legal Practice) Act 2003*

Amendments about the Crown	Part 8
s. 130

(a)	in the definition of “Action” by deleting “by the Crown”;
(b)	in the definition of “Cause” by deleting “by the Crown”.

(3)	Section 9(1) is amended by deleting “Her Majesty” and inserting instead —
“ the Governor ”.
(4)	Section 15(1) is amended by deleting “Royal Arms” and inserting instead —
“ armorial bearings of the State ”.
(5)	Section 37(2) is repealed and the following subsection is inserted instead —

“

(2)	Nothing in this section shall alter the practice in proceedings in relation to the prerogative and criminal jurisdiction of the Court.

”.

(6)	Section 50(1) is amended by deleting “by the Crown”.
(7)	Section 51(1) is amended by deleting “by the Crown”.
(8)	Section 56(1) is amended by deleting “by the Crown”.
(9)	Section 119 is amended by deleting “to Her Majesty or any of her subjects, or other persons entitled in like manner as subjects”.

(10)

Section 154(1) is amended by deleting “Her Majesty’s” and

inserting instead —

“ The ”.

(11)

Section 154(3), (4), (5) and (6) are each amended by deleting

“Crown” in each place where it occurs and in each place

inserting instead —

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Part 8	Amendments about the Crown
s. 130

“ State ”.

(12)	The Second Schedule is amended by deleting “our Sovereign Lady Queen Elizabeth the Second, Her Heirs and successors” and inserting instead —
“ the State of Western Australia ”.