Legal Assistance Act Amendment Act 1970 (Qld)

534 Queenslanar ANNO NONODECIMO ELIZABETHAE SECUNDAE REGINAE No. 46 of 1970 An Act to Amend The Legal Assistance Act of 1965 in certain particulars [ASSENTED TO 21ST DECEMBER, 1970] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Legal Assistance Act Amendment Act 1970. (2) The Legal Assistance Act of 1965 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Legal Assistance Act 1965-1970. 2. Commencement . Save as is otherwise expressly provided, this Act shall come into operation on the day on which it receives the Royal Assent.

Legal Assistance Act Amendment Act 1970, No. 46 535 3. Amendment of s. 10 - Solicitors Trust Bank Accounts, etc. (1) Section 10 of the Principal Act is amended- (a) by inserting in subsection (1) after the words " that is to say- the following definition:- " Balance "-In relation to a bank account, the amount standing to the credit of the account in excess of nil; "; (b) by omitting from subsection (1) the definition " Commencing date " and inserting in its stead the following definition:- " " Commencing date "-The first day of January One thousand nine hundred and seventy-one or, in the case of a solicitor who commences practice after the said first day of January, the first day of January in the calendar year next following the calendar year in which he commenced practice; "; (c) by omitting from subsection (2) the word " one-half " (wherever occurring) and inserting in its stead the word " two-thirds "; (d) by inserting after subsection (2) the following subsections:- " (2A) Where in order to comply with the provisions of subsection (2) of this section in respect of any year after the first year a solicitor is required to deposit with the Society a sum additional to the amount standing upon deposit by the solicitor with the society during the last preceding year in compliance with the said subsection, the solicitor shall be deemed to have complied with the said provisions if the additional sum is deposited with the Society within twenty days after the first day of January in the year in question. (2B) A solicitor is deemed to have complied with the provisions of subsection (2) of this section if the sum deposited and kept deposited with the Society is not less than the sum in even hundreds of dollars next below the sum that is the minimum sum that he is required to deposit and keep deposited with the Society in order to comply with the said subsection."; (e) by omitting from subparagraph (ii) of paragraph (b) of subsection (5) the words " three hundred thousand pounds " and inserting in their stead the words " six hundred thousand dollars "; and (f) by omitting from subsection (8) the words " one thousand five hundred pounds " and inserting in their stead the words " three thousand dollars ". (2) Notwithstanding the provisions of subsection (2) of section 10 of the Principal Act as amended by this Act, that subsection shall apply in relation to a solicitor who immediately before the coming into operation of this section was required pursuant to subsection (2) of section 10 of the Principal Act to keep deposited with the Society the sum prescribed in his regard by that subsection, as if- (a) the year commencing on the commencing date was not the first year but was a year to which paragraph (c) of the first- mentioned subsection applies; and (b) the expression " (as then in force) " were inserted in subparagraph (i) of the said paragraph (c), after the words " this subsection ". (3) A solicitor who, on the coming into operation of this section, is required to comply with subsection (2) of section 10 of the Legal Assistance Act 1965-1970 and who, immediately before that coming

536 Legal Assistance Act Amendment Act 1970, No. 46 into operation, was required, pursuant to section 10 of the Principal Act, to keep deposited with the Society the sum prescribed in his regard by subsection (2) of the lastmentioned section shall, until he first complies with subsection (2) of the firstmentioned section, keep deposited with the Society in terms of section 10 of the Principal Act the sum that but for the amendment of that section by this Act he would have been required to keep so deposited and, for the purposes of this subsection, section 10 of the Principal Act shall be deemed to apply as if this Act had not been enacted. (4) This section shall come into operation on the first day of January, one thousand nine hundred and seventy-one.