Legal Practitioners (Amendment) Act 1982 (NSW)

LEGAL PRACTITIONERS (AMENDMENT) ACT, 1982, No. 5

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Act No. 5, 1982.

An Act to amend the Legal Practitioners Act, 1898, so as to make pro- visions with respect to Queen's Counsel, applications for certain practising certificates and the membership of The Solicitors' Statutory Committee. [Assented to, 29th March, 1982.]

2   Act No. 5, 1982.

Legal Practitioners {Amendment).

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:—

Short title.

1.     This Act may be cited as the "Legal Practitioners (Amendment) Act,

1982".

Principal Act.

2. The Legal Practitioners Act, 1898, is referred to in this Act as the

Principal Act.

Amendment of Act No. 22, 1898.

3.      The Principal Act is amended in the manner set forth in Schedule 1.

SCHEDULE 1.

(Sec. 3.)

AMENDMENTS TO THE PRINCIPAL ACT.

(1) Section 14 (1A) —

After section 14 (1), insert:—

( I A ) NO law or practice prevents a person who was Queen's Counsel immediately before his admission as a solicitor from being eligible—-

(a) to be Queen's Counsel at the time of that admission: or

(b) to be, or to be appointed as, Queen's Counsel while he is a solicitor.

Act No. 5, 1982. 3

Legal Practitioners {Amendment).

SCHEDULE 1—continued.

AMENDMENTS TO THE PRINCIPAL ACT—continued.

(2) (a) Section 69—

After "fee" where lastly occurring, insert ", the additional fee, if any, payable by him under subsection (2)".

(b) Section 69 (2), (3 )—

At the end of section 69, insert:—

(2) Subject to subsection (3) , where an application by a solicitor for a practising certificate to be in force for 12 months commencing with 1st July in any year is lodged with the Society after the last day fixed by the regulations for the lodging of the application but before that 1st July, such additional fee as may be determined from time to time by the council, being not more than 50 per cent of the amount of the annual practising fee for the time being payable by the solicitor under subsection (1) , shall be paid by him to the Society.

(3) The council may, for such reason as it thinks fit, waive

any requirement made of a solicitor by subsection (2).

(3) Section 70 (1)—

Omit "section 69", insert instead "section 69 (1) and the additional

fee, if any, payable by him under section 69 (2),".

(4) Section 75 (3) (b) —

Omit "other than solicitors", insert instead "none of whom is a barrister or solicitor".

4   Act No. 5, 1982.

Legal Practitioners (Amendment).

SCHEDULE 1—continued.

AMENDMENTS TO THE PRINCIPAL ACT—continued.

(5) Section 86 (1) (b) (ivb)—

After section 86 (1) (b) (iva), insert:—

(ivb) empowering the council to extend, beyond the last day fixed for the purpose by the regulations, the time within which applications for annual practising certificates shall be lodged;