Legal Practitioners Act 1974 (ACT)

No. 5 of 1974

AN ORDINANCE

To amend the Legal Practitioners Ordinance 1970-1973.

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Ordinance under

the Seat of Government (Administration) Act 1910-1973.

Dated this nineteenth day of March, 1974.

PAUL HASLUCK Governor-General.

By His Excellency's Command,

LIONEL MURPHY

Attorney-General.

LEGAL PRACTITIONERS ORDINANCE 1974

1 . (1) This Ordinance may be cited as the Legal Practitioners

Ordinance 1974.*

(2 ) The Legal Practitioners Ordinance 1970-1973,t as amended by this Ordinance, may be cited as the Legal Practitioners	Ordinance
1970-1974.

2. Section 15E of the Legal Practitioners Ordinance 1970-1973 is amended by omitting sub-section (3) and substituting the following sub-sections:—

" (3) Notwithstanding sub-section ( 1 ) , the Law Society may issue an unrestricted practising certificate to a barrister and solicitor who has previously held a practising certificate in the Territory if the Society is satisfied that he has gained such experience that an unrestricted prac­ tising certificate should be issued to him.

t Ordinance N o . 43, 1970, as amended by N o . 51 , 1970; N o . 9, 1971; N o . 4, 1972; and N o . 2, 1973.

" (4) Notwithstanding sub-section ( 1 ) , the Law Society may issue an unrestricted practising certificate to a barrister and solicitor if it is satisfied —

(a) that he has, during the period of ten years immediately pre­ ceding the date of his application for a practising certificate, for a period of not less than three years or for periods which, in the aggregate, are not less than three years—

(i)   practised or been employed as a solicitor in a State or the Northern Territory of Australia; or

* Notified in the Australian Government Gazette on 26 March 1974.

(ii)   practised or been employed as a legal practitioner (however described) in a prescribed country;

(b)	that he has, during the period of three years immediately preceding the date of his application for a practising certi­ ficate, been employed by a barrister and solicitor in the Territory for a continuous period of not less than six months; and
(c)	that he has gained such experience that an unrestricted practising certificate should be issued to him.

" (5) For the purposes of sub-section ( 4 ) , 'prescribed country '

means—

(a) England;
(b) Scotland;
(c) Northern Ireland;
(d) New Zealand;
(e) a province or territory of Canada; or
(f) Papua New Guinea.".

3 . Section 15F of the Legal Practitioners Ordinance 1970-1973 is amended by omitting the words " not being a person referred to in sub­ section (3) of the last preceding section " and substituting the words " not being a person who was, immediately before the commencement of this Part, practising in the Territory as a solicitor on his own account or in partnership with another barrister and solicitor ".