Legal Profession Act 2007 (TAS)

Legal Profession Act 2007

An Act to provide for the regulation of legal practice in Tasmania and to facilitate the regulation of legal practice on a national basis, to repeal the Legal Profession Act 1993 and for other purposes

[Royal Assent 15 August 2007]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

Chapter 1IntroductionPART 1.1Preliminary1Short titleThis Act may be cited as the Legal Profession Act 2007. 2CommencementThe provisions of this Act commence on a day or days to be proclaimed. 3PurposesThe purposes of this Act are as follows: (a) to provide for the regulation of legal practice in this jurisdiction in the interests of the administration of justice and for the protection of consumers of the services of the legal profession and the public generally; (b) to facilitate the regulation of legal practice on a national basis across State and Territory borders. PART 1.2Interpretation4Interpretation (1)  In this Act – ADI means an authorised deposit-taking institution; admission rules means rules relating to the admission of local lawyers and associated matters made under Part 2.2 (Admission of local lawyers); admission to the legal profession means admission by a Supreme Court as – (a) a lawyer; or (b) a legal practitioner; or (c) a barrister; or (d) a solicitor; or (e) a barrister and solicitor; or (f) a solicitor and barrister – under this Act or a corresponding law, but does not include the grant of a practising certificate under this Act or a corresponding law and "admitted to the legal profession" has a corresponding meaning; affairs of a law practice includes the following: (a) all accounts and records required under this Act or the regulations to be maintained by the practice or an associate or former associate of the practice; (b) other records of the practice or an associate or former associate of the practice; (c) any transaction – (i) to which the practice or an associate or former associate of the practice was or is a party; or (ii) in which the practice or an associate or former associate of the practice has acted for a party; amend includes – (a) in relation to a practising certificate – (i) impose a condition on the certificate; and (ii) amend or revoke a condition already imposed on the certificate; and (b) in relation to registration as a foreign lawyer – (i) amend the lawyer’s registration certificate; and (ii) impose a condition on the registration; and (iii) amend or revoke a condition already imposed on the registration; approved ADI means an ADI approved under section 273 (Approval of ADIs) by the prescribed authority; approved form – see section 652 (Approved forms); associate – see section 7 (Terms relating to associates and principals of law practices); Australian lawyer – see section 5 (Terms relating to lawyers); Australian legal practitioner – see section 6 (Terms relating to legal practitioners); Australian practising certificate means a local practising certificate or an interstate practising certificate; Australian-registered foreign lawyer means a locally registered foreign lawyer or an interstate-registered foreign lawyer; Australian roll means the local roll or an interstate roll; Australian trust account means a local trust account or an interstate trust account; barrister means – (a) a local legal practitioner who holds a current local practising certificate to practise as or in the manner of a barrister; or (b) an interstate legal practitioner who holds a current interstate practising certificate that entitles the practitioner to engage in legal practice only as or in the manner of a barrister; Board means the Legal Profession Board of Tasmania established by section 589; Board of Legal Education means the Board of Legal Education continued under section 604; client includes a person to whom or for whom legal services are provided; community legal centre – see the definition of "complying community legal centre"; complying community legal centre – see section 218 (Community legal centres); conditions means conditions, limitations or restrictions; contravene includes fail to comply with; controlled money means money received or held by a law practice in respect of which the practice has a written direction to deposit the money in an account (other than a general trust account) over which the practice has or will have exclusive control;

Note. See section 245(6) (Controlled money), which prevents pooling of controlled money.

controlled money account means an account maintained by a law practice with an ADI for the holding of controlled money received by the practice; conviction – see section 11 (References to convictions for offences); corresponding authority means – (a) a person or body having functions or powers under a corresponding law; or (b) when used in the context of a person or body having functions or powers under this Act (the "local authority") – (i) a person or body having corresponding functions or powers under a corresponding law; and (ii) without limiting subparagraph (i), if the functions or powers of the local authority relate to local lawyers or local legal practitioners generally or are limited to any particular class of local lawyers or local legal practitioners, a person or body having corresponding functions or powers under a corresponding law regardless of whether they relate to interstate lawyers or interstate legal practitioners generally or are limited to any particular class of interstate lawyers or interstate legal practitioners; or (c) a person or body declared by the Minister by notice published in the Gazette to be a corresponding authority; corresponding disciplinary body means – (a) a body having functions or powers under a corresponding law that correspond to any of the functions or powers of the Board; or (b) a court or tribunal having functions or powers under a corresponding law that correspond to any of the functions or powers of the Supreme Court or Tribunal; or (c) the Supreme Court of another jurisdiction exercising – (i) its inherent jurisdiction or powers in relation to the control and discipline of any Australian lawyers; or (ii) its jurisdiction or powers to make orders under a corresponding law of the other jurisdiction in relation to any Australian lawyers; or (d) a body declared by the Minister by notice published in the Gazette to be a corresponding disciplinary body; corresponding foreign law means the following: (a) a law of a foreign country that corresponds to the relevant provisions of this Act or, if a regulation is made declaring a law of the foreign country to be a law that corresponds to this Act, the law declared under that regulation for the foreign country; (b) if the term is used in relation to a matter that happened before the commencement of the law of a foreign country that, under paragraph (a), is the corresponding law for the foreign country, a previous law applying to legal practice in the foreign country; corresponding fund means a fund in another jurisdiction that corresponds to the Guarantee Fund; corresponding law means the following: (a) a law of another jurisdiction that corresponds to the relevant provisions of this Act or, if a regulation is made declaring a law of the other jurisdiction to be a law that corresponds to this Act, the law declared under that regulation for the other jurisdiction; (b) if the term is used in relation to a matter that happened before the commencement of the law of another jurisdiction that, under paragraph (a), is the corresponding law for the other jurisdiction, a previous law applying to legal practice in the other jurisdiction; costs assessor has the meaning given in section 283; Council means the Council of the Law Society; disqualified person means any of the following persons whether the thing that has happened to the person happened before or after the commencement of this definition: (a) a person whose name has (whether or not at his or her own request) been removed from an Australian roll and who has not subsequently been admitted or re-admitted to the legal profession under this Act or a corresponding law; (b) a person whose Australian practising certificate has been suspended or cancelled under this Act or a corresponding law and who, because of the cancellation, is not an Australian legal practitioner, or in relation to whom that suspension has not finished; (c) a person who has been refused a renewal of an Australian practising certificate under this Act or a corresponding law, and to whom an Australian practising certificate has not been granted at a later time; (d) a person who is the subject of an order under this Act or a corresponding law prohibiting a law practice from employing or paying the person in connection with the relevant practice; (e) a person who is the subject of an order under this Act or a corresponding law prohibiting an Australian legal practitioner from being a partner of the person in a business that includes the practitioner’s practice; (f) a person who is the subject of an order under section 133 (Disqualification from managing incorporated legal practice) or section 158 (Prohibition on partnerships with certain partners who are not Australian legal practitioners) or under provisions of a corresponding law that correspond to section 133 or 158; document means any record of information, and includes – (a) anything on which there is writing; and (b) anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; and (c) anything from which sounds, images or writings can be reproduced with or without the aid of anything else; and (d) a map, plan, drawing or photograph –and a reference in this Act to a document (as so defined) includes a reference to – (e) any part of the document; and (f) any copy, reproduction or duplicate of the document or of any part of the document; and (g) any part of such a copy, reproduction or duplicate; engage in legal practice includes practise law; external territory means a territory of the Commonwealth (not being the Australian Capital Territory, the Jervis Bay Territory or the Northern Territory of Australia) for the government of which as a Territory provision is made by a Commonwealth Act; financial year means a year ending on 30 June; foreign country means – (a) a country other than Australia; or (b) a state, province or other part of a country other than Australia; foreign roll means an official roll of lawyers (whether admitted, practising or otherwise) kept in a foreign country, but does not include a prescribed roll or a prescribed kind of roll; functions includes duties; general trust account means an account maintained by a law practice with an approved ADI for the holding of trust money received by the practice, other than controlled money or transit money; grant of a practising certificate includes the issue of a practising certificate; GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth; Guarantee Fund means the Solicitors’ Guarantee Fund continued under section 358; home jurisdiction – see section 8 (Home jurisdiction); incorporated legal practice has the same meaning as in Part 2.5 (Incorporated legal practices and multi-disciplinary partnerships); information notice – see section 10 (Information notices); insolvent under administration means – (a) a person who is an undischarged bankrupt within the meaning of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of a foreign country or external territory); or (b) a person who has executed a deed of arrangement under Part X of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of a foreign country or external territory) if the terms of the deed have not been fully complied with; or (c) a person whose creditors have accepted a composition under Part X of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of a foreign country or external territory) if a final payment has not been made under that composition; or (d) a person for whom a debt agreement has been made under Part IX of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of a foreign country or external territory) if the debt agreement has not ended or has not been terminated; or (e) a person who has executed a personal insolvency agreement under Part X of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of a foreign country or external territory) but not if the agreement has been set aside or terminated or all of the obligations that the agreement created have been discharged; interstate lawyer – see section 5 (Terms relating to lawyers); interstate legal practitioner – see section 6 (Terms relating to legal practitioners); interstate practising certificate means a current practising certificate granted under a corresponding law; interstate-registered foreign lawyer means a person who is registered as a foreign lawyer under a corresponding law; interstate roll means a roll of lawyers maintained under a corresponding law; interstate trust account means a trust account maintained under a corresponding law; jurisdiction means a State or Territory of the Commonwealth; law firm means a partnership consisting only of – (a) Australian legal practitioners; or (b) one or more Australian legal practitioners and one or more Australian-registered foreign lawyers; Law Foundation of Tasmania means the company limited by guarantee incorporated under that name on 1 July 1980; law practice means – (a) an Australian legal practitioner who is a sole practitioner; or (b) a law firm; or (c) a multi-disciplinary partnership; or (d) an incorporated legal practice; or (e) a complying community legal centre; Law Society means the Law Society of Tasmania; lay associate – see section 7 (Terms relating to associates and principals of law practices); lay person means a person who is not an Australian lawyer; legal costs means amounts that a person has been or may be charged by, or is or may become liable to pay to, a law practice for the provision of legal services, including disbursements but not including interest; legal practitioner associate – see section 7 (Terms relating to associates and principals of law practices); legal practitioner director, in relation to an incorporated legal practice, has the meaning given in Part 2.5 (Incorporated legal practices and multi-disciplinary partnerships); legal practitioner partner in relation to a multi-disciplinary partnership, has the meaning given in Part 2.5 (Incorporated legal practices and multi-disciplinary partnerships); legal profession rules means rules relating to legal practice made under this Act; legal services means work done, or business transacted, in the ordinary course of legal practice; local lawyer – see section 5 (Terms relating to lawyers); local legal practitioner – see section 6 (Terms relating to legal practitioners); local practising certificate means a practising certificate granted under this Act; local roll means the roll of lawyers maintained under this Act; local trust account means a trust account maintained under this Act; locally registered foreign lawyer means a person who is registered as a foreign lawyer under this Act; managed investment scheme has the same meaning as in Chapter 5C of the Corporations Act 2001 of the Commonwealth; modifications includes modifications by way of alteration, omission, addition or substitution; mortgage means an instrument under which an interest in real property is charged, encumbered or transferred as security for the payment or repayment of money, and includes – (a) any instrument of a kind that is prescribed by the regulations as being a mortgage; and (b) a proposed mortgage; mortgage financing means facilitating a loan secured or intended to be secured by mortgage by – (a) acting as an intermediary to match a prospective lender and borrower; or (b) arranging the loan; or (c) receiving or dealing with payments for the purposes of, or under, the loan – but does not include providing legal advice, legal services or preparing an instrument for the loan; mortgage investment scheme means – (a) a scheme in which – (i) more than one person contributes money to the scheme; and (ii) that money is pooled in a fund to make investments in property or other securities; and (iii) the securities arising from the money invested are controlled by a person who has the day-to-day control of the scheme, including the authority to acquire mortgage securities or other securities; or (b) such other scheme as may be prescribed; multi-disciplinary partnership has the meaning given in Part 2.5 (Incorporated legal practices and multi-disciplinary partnerships); practical legal training means – (a) legal training by participation in course work; or (b) supervised legal training, whether involving articles of clerkship or otherwise – or a combination of both; principal – see section 7 (Terms relating to associates and principals of law practices); professional misconduct – see section 421 (Professional misconduct); Register means the Register of Disciplinary Action referred to in section 497; Registrar means the Registrar of the Supreme Court; regulatory authority means – (a) in relation to this jurisdiction – (i) a person or body having functions or powers under this Act; or (ii) a person or body prescribed by the regulations as a regulatory authority of this jurisdiction; or (b) in relation to another jurisdiction – (i) if there is only one regulatory authority for the other jurisdiction, that regulatory authority, unless subparagraph (iii) applies; or (ii) if there are separate regulatory authorities for the other jurisdiction for different branches of the legal profession or for persons who practise in a particular style of legal practice, the regulatory authority relevant to the branch or style concerned, unless subparagraph (iii) applies; or (iii) if the regulations specify or provide for the determination of one or more regulatory authorities for the other jurisdiction either generally or for particular purposes, the regulatory authority or authorities specified or determined in accordance with the regulations; rules includes "admission rules", "legal profession rules" and Board of Legal Education rules made under section 608; serious offence means an offence whether committed in or outside this jurisdiction that is – (a) an indictable offence against a law of the Commonwealth or any jurisdiction (whether or not the offence is or may be dealt with summarily); or (b) an offence against a law of another jurisdiction that would be an indictable offence against a law of this jurisdiction if committed in this jurisdiction (whether or not the offence could be dealt with summarily if committed in this jurisdiction); or (c) an offence against a law of a foreign country that would be an indictable offence against a law of the Commonwealth or this jurisdiction if committed in this jurisdiction (whether or not the offence could be dealt with summarily if committed in this jurisdiction); show cause event, in relation to a person, means – (a) his or her becoming bankrupt or being served with notice of a creditor’s petition presented to the Court under section 43 of the Bankruptcy Act 1966 of the Commonwealth; or (b) his or her presentation (as a debtor) of a declaration to the Official Receiver under section 54A of the Bankruptcy Act 1966 of the Commonwealth of his or her intention to present a debtor’s petition or his or her presentation (as a debtor) of such a petition under section 55 of that Act; or (c) his or her applying to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounding with his or her creditors or making an assignment of his or her remuneration for their benefit; or (d) his or her conviction for a serious offence or a tax offence, whether or not – (i) the offence was committed in or outside this jurisdiction; or (ii) the offence was committed while the person was engaging in legal practice as an Australian legal practitioner or was practising foreign law as an Australian-registered foreign lawyer, as the case requires; or (iii) other persons are prohibited from disclosing the identity of the offender; sole practitioner means an Australian legal practitioner who engages in legal practice on his or her own account; solicitor means – (a) a local legal practitioner who holds a current local practising certificate to practise as a barrister and solicitor; or (b) an interstate legal practitioner who holds a current interstate practising certificate that does not restrict the practitioner from engaging in legal practice only as or in the manner of a barrister; suitability matter – see section 9 (Suitability matters); supervised legal practice means legal practice by a person who is an Australian legal practitioner – (a) as an employee of a law practice, where – (i) at least one partner, legal practitioner director or other employee of the law practice is an Australian legal practitioner who holds an unrestricted practising certificate; and (ii) the person engages in legal practice under the supervision of an Australian legal practitioner referred to in subparagraph (i); or (b) as a partner in a law firm, where – (i) at least one other partner is an Australian legal practitioner who holds an unrestricted practising certificate; and (ii) the person engages in legal practice under the supervision of an Australian legal practitioner referred to in subparagraph (i); or (c) in a capacity approved under a legal profession rule; [Section 4 Subsection (1) amended by No. 2 of 2022, Sched. 1, Applied:18 Mar 2022] Tasmania Legal Aid means the commission constituted under section 4 of the Legal Aid Commission Act 1990; tax offence means any offence under the Taxation Administration Act 1953 of the Commonwealth, whether committed in or outside this jurisdiction; this jurisdiction means this State; Tribunal means the Disciplinary Tribunal established by section 610; Trust means the Solicitors’ Trust continued under section 633; trust account means an account maintained by a law practice with an approved ADI to hold trust money; trust money has the meaning given in Part 3.2 (Trust money and trust accounts); trust property means property entrusted to a law practice in the course of or in connection with the provision of legal services by the practice, but does not include trust money referred to in section 232; unrestricted practising certificate means an Australian practising certificate that is not subject to any condition under this Act or a corresponding law requiring the holder to engage in supervised legal practice or restricting the holder to practise as or in the manner of a barrister; unsatisfactory professional conduct – see section 420 (Unsatisfactory professional conduct). (2)  Notes included in this Act do not form part of this Act. 5Terms relating to lawyersFor the purposes of this Act – (a) an "Australian lawyer" is a person who is admitted to the legal profession under this Act or a corresponding law; and (b) a "local lawyer" is a person who is admitted to the legal profession under this Act (whether or not the person is also admitted under a corresponding law); and (c) an "interstate lawyer" is a person who is admitted to the legal profession under a corresponding law, but not under this Act. 6Terms relating to legal practitionersFor the purposes of this Act – (a) an "Australian legal practitioner" is an Australian lawyer who holds a current local practising certificate or a current interstate practising certificate; and (b) a "local legal practitioner" is an Australian lawyer who holds a current local practising certificate; and (c) an "interstate legal practitioner" is an Australian lawyer who holds a current interstate practising certificate, but not a local practising certificate. 7Terms relating to associates and principals of law practices (1)  For the purposes of this Act, an "associate" of a law practice is – (a) an Australian legal practitioner who is – (i) a sole practitioner (in the case of a law practice constituted by the practitioner); or (ii) a partner in the law practice (in the case of a law firm); or (iii) a legal practitioner director in the law practice (in the case of an incorporated legal practice); or (iv) a legal practitioner partner in the law practice (in the case of a multi-disciplinary partnership); or (v) an employee of, or consultant to, the law practice; or (b) an agent of the law practice who is not an Australian legal practitioner; or (c) an employee of the law practice who is not an Australian legal practitioner; or (d) an Australian-registered foreign lawyer who is a partner in the law practice; or (e) a person (not being an Australian legal practitioner) who is a partner in a multi-disciplinary partnership; or (f) an Australian-registered foreign lawyer who has a relationship with the law practice, being a relationship that is of a class prescribed by the regulations. (2)  For the purposes of this Act – (a) a "legal practitioner associate" of a law practice is an associate of the practice who is an Australian legal practitioner; and (b) a "lay associate" of a law practice means an associate of the practice who is not an Australian legal practitioner. (3)  For the purposes of this Act, a "principal" of a law practice is an Australian legal practitioner who is – (a) a sole practitioner (in the case of a law practice constituted by the practitioner); or (b) a partner in the law practice (in the case of a law firm); or (c) a legal practitioner director in the law practice (in the case of an incorporated legal practice); or (d) a legal practitioner partner in the law practice (in the case of a multi-disciplinary partnership). 8Home jurisdiction (1)  This section has effect for the purposes of this Act. (2)  The "home jurisdiction" for an Australian legal practitioner is the jurisdiction in which the practitioner’s only or most recent current Australian practising certificate was granted. (3)  The "home jurisdiction" for an Australian-registered foreign lawyer is the jurisdiction in which the lawyer’s only or most recent current registration was granted. (4)  The "home jurisdiction" for an associate of a law practice who is neither an Australian legal practitioner nor an Australian-registered foreign lawyer is – (a) where only one jurisdiction is the home jurisdiction for the only associate of the practice who is an Australian legal practitioner or for all the associates of the practice who are Australian legal practitioners, that jurisdiction; or (b) where no one jurisdiction is the home jurisdiction for all the associates of the practice who are Australian legal practitioners – (i) the jurisdiction in which the office is situated at which the associate performs most of his or her duties for the law practice; or (ii) if a jurisdiction cannot be determined under subparagraph (i), the jurisdiction in which the associate is enrolled under a law of the jurisdiction to vote at elections for the jurisdiction; or (iii) if a jurisdiction can be determined under neither subparagraph (i) nor subparagraph (ii), the jurisdiction determined in accordance with criteria specified or referred to in the regulations. 9Suitability matters (1)  Each of the following is a "suitability matter" in relation to a natural person: (a) whether the person is currently of good fame and character; (b) whether the person is or has been an insolvent under administration; (c) whether the person has been convicted of an offence in Australia or a foreign country, and, if so – (i) the nature of the offence; and (ii) how long ago the offence was committed; and (iii) the person’s age when the offence was committed;

Note. The rules may make provision for the convictions that must be disclosed by an applicant and those that need not be disclosed.

(d) whether the person engaged in legal practice in Australia – (i) when not admitted to the legal profession, or not holding a practising certificate, as required under this Act or a previous law of this jurisdiction that corresponds to this Act or under a corresponding law; or (ii) if admitted to the legal profession, in contravention of a condition on which admission was granted; or (iii) if holding an Australian practising certificate, in contravention of a condition of the certificate or while the certificate was suspended; (e) whether the person has practised law in a foreign country – (i) when not permitted by or under a law of that country to do so; or (ii) if permitted to do so, in contravention of a condition of the permission; (f) whether the person is currently subject to an unresolved complaint, investigation, charge or order under any of the following: (i) this Act or a previous law of this jurisdiction that corresponds to this Act; (ii) a corresponding law or corresponding foreign law; (g) whether the person – (i) is the subject of current disciplinary action, however expressed, in another profession or occupation in Australia or a foreign country; or (ii) has been the subject of disciplinary action, however expressed, relating to another profession or occupation that involved a finding of guilt; (h) whether the person’s name has been removed from – (i) a local roll, and has not since been restored to or entered on a local roll; or (ii) an interstate roll, and has not since been restored to or entered on an interstate roll; or (iii) a foreign roll; (i) whether the person’s right to engage in legal practice has been suspended or cancelled in Australia or a foreign country; (j) whether the person has contravened, in Australia or a foreign country, a law about trust money or trust accounts; (k) whether, under this Act, a law of the Commonwealth or a corresponding law, a supervisor, manager or receiver, however described, is or has been appointed in relation to any legal practice engaged in by the person; (l) whether the person is or has been subject to an order, under this Act, a law of the Commonwealth or a corresponding law, disqualifying the person from being employed by, or a partner of, an Australian legal practitioner or from managing a corporation that is an incorporated legal practice; (m) whether the person is currently unable to satisfactorily carry out the inherent requirements of practice as an Australian legal practitioner. (2) A matter is a suitability matter even if it happened before the commencement of this section. 10Information noticesFor the purposes of this Act, an information notice is a written notice to a person about a decision stating – (a) the decision; and (b) the reasons for the decision; and (c) the rights of appeal or review available to the person in respect of the decision and the period within which any such appeal or review must be made or applied for. 11References to convictions for offences (1) A reference in this Act to a conviction includes a finding of guilt, or the acceptance of a guilty plea, whether or not a conviction is recorded. (2)  Without limiting subsection (1), a reference in this Act to the quashing of a conviction for an offence includes a reference to the quashing of – (a) a finding of guilt in relation to the offence; or (b) the acceptance of a guilty plea in relation to the offence. (3) However, a reference in this Act to the quashing of a conviction for an offence does not include a reference to the quashing of a conviction where – (a) a finding of guilt in relation to the offence; or (b) the acceptance of a guilty plea in relation to the offence – remains unaffected. Chapter 2General requirements for engaging in legal practicePART 2.1Reservation of Legal Work and Legal TitlesDivision 1Preliminary12PurposesThe purposes of this Part are as follows: (a) to protect the public interest in the proper administration of justice by ensuring that legal work is carried out only by those who are properly qualified to do so; (b) to protect consumers by ensuring that persons carrying out legal work are entitled to do so. Division 2General prohibitions on unqualified practice13Prohibition on engaging in legal practice when not entitled (1) A person must not engage in legal practice in this jurisdiction unless the person is an Australian legal practitioner.Penalty: Fine not exceeding 200 penalty units, or imprisonment for a term not exceeding 2 years, or both. (2)  Subsection (1) does not apply to engaging in legal practice of the following kinds: (a) legal practice engaged in under the authority of a law of this jurisdiction or of the Commonwealth; (b) legal practice engaged in pursuant to employment under the State Service Act 2000; (c) legal practice engaged in pursuant to employment in a council; (d) legal practice engaged in by an incorporated legal practice in accordance with Part 2.5 (Incorporated legal practices and multi-disciplinary partnerships); (e) the practice of foreign law by an Australian-registered foreign lawyer in accordance with Part 2.6 (Legal practice by foreign lawyers); (f) legal practice engaged in by a complying community legal centre; (g) conveyancing work carried out in accordance with a licence in force under the Conveyancing Act 2004; (h) preparing or assisting in the preparation of any deed or will or any instrument in writing purporting to create or convey any estate or interest in real or personal property, or otherwise practising the business of a conveyancer, provided it is not done for fee or reward; (i) publishing or selling information or material describing the procedures relating to the conveyance or transfer of property that does not involve the preparation of an instrument purporting to convey or transfer property; (j) [Section 13 Subsection (2) amended by No. 58 of 2016, Sched. 4, Applied:01 Apr 2017] work performed by a property agent in respect of instruments he or she is entitled to draw, fill up or prepare, and to charge for, under the Property Agents and Land Transactions Act 2016; (k) the drawing of instruments by an officer or employee in the service of the State in the course of his or her duties; (l) work performed by – (i) The Public Trustee established under the Public Trustee Act 1930; or (ii) a trustee company as defined by the Trustee Companies Act 1953  – in the course of preparing a will or carrying out any other activities involving the administration of trusts, the estates of living or deceased persons, or the affairs of living persons; (m) appearing or defending in person; (n) acting on one’s own behalf in any legal proceedings or matters; (o) legal practice engaged in by a complying community legal centre; (p) legal practice of a kind prescribed by the regulations. (3)  Subsection (1) does not apply to a person or class of persons declared by the regulations to be exempt from the operation of subsection (1). (4)  A person is not entitled to recover any amount in respect of anything the person did in contravention of subsection (1). (5)  A person may recover from another person, as a debt due to the person, any amount the person paid to the other person in respect of anything the other person did in contravention of subsection (1). (6) The regulations may make provision for or with respect to the application (with or without specified modifications) of provisions of this Act to persons engaged in legal practice of a kind referred to in subsection (2) (other than subsection (2)(a) and (d) ). 14Prohibition on representing or advertising entitlement to engage in legal practice when not entitled (1) A person must not represent or advertise that the person is entitled to engage in legal practice unless the person is an Australian legal practitioner.Penalty: Fine not exceeding 100 penalty units. (2) A director, officer, employee or agent of a body corporate must not represent or advertise that the body corporate is entitled to engage in legal practice unless the body corporate is an incorporated legal practice or a complying community legal centre.Penalty: Fine not exceeding 100 penalty units. (3)  Subsections (1) and (2) do not apply to a representation or advertisement about being entitled to engage in legal practice of a kind referred to in section 13(2) (Prohibition on engaging in legal practice when not entitled) by a person so entitled. (4)  A reference in this section to a person – (a) representing or advertising that the person is entitled to engage in legal practice; or (b) representing or advertising that a body corporate is entitled to engage in legal practice – includes a reference to the person doing anything that states or implies that the person or the body corporate is entitled to engage in legal practice. 15Presumptions about taking or using name, title or description specified in regulations (1)  This section applies to the following names, titles and descriptions: (a) legal practitioner; (b) barrister; (c) solicitor; (d) attorney; (e) counsel; (f) Queen’s Counsel; (g) King’s Counsel; (h) Her Majesty’s Counsel; (i) His Majesty’s Counsel; (j) Senior Counsel; (k) any other name, title or description as may be provided. (2)  The regulations may specify the kind of persons who are entitled, and the circumstances in which they are entitled, to take or use a name, title or description to which this section applies. (3)  For the purposes of section 14(1) (Prohibition on representing or advertising entitlement to engage in legal practice when not entitled), the taking or using of a name, title or description to which this section applies by a person who is not entitled to take or use that name, title or description gives rise to a rebuttable presumption that the person represented that they are entitled to engage in legal practice. (4)  For the purposes of section 14(2), the taking or using of a name, title or description to which this section applies by a person in relation to a body corporate, of which the person is a director, officer, employee or agent, gives rise to a rebuttable presumption that the person represented that the body corporate is entitled to engage in legal practice. Division 3Prohibitions regarding associates and non-legal partners16DefinitionFor the purposes of this Division – lay associate of a law practice has the same meaning as in section 7 (Terms relating to associates and principals of law practices), and includes a consultant to the law practice (however described) who – (a) is not an Australian legal practitioner; and (b) provides legal or related services to the law practice, other than services of a kind prescribed by the regulations. 17Associates who are disqualified or convicted persons (1) A law practice must not have a lay associate whom any principal or other legal practitioner associate of the practice knows to be – (a) a disqualified person; or (b) a person who has been convicted of a serious offence – unless the lay associate is approved by the Board under subsection (2). (2) The Board may, on application, approve a lay associate for the purposes of this section. (3) An approval under this section may be subject to specified conditions. (4) A disqualified person, or a person convicted of a serious offence, must not seek to become a lay associate of a law practice unless the person first informs the law practice of the disqualification or conviction.Penalty: Fine not exceeding 50 penalty units. (5)  Proceedings for an offence under subsection (4) may only be brought within 6 months after discovery of the offence by the law practice. (6)  This section does not apply in circumstances prescribed by the regulations. 18Appeal by law practice or lay associate (1) A law practice or the lay associate who is the subject of the application for approval may appeal to the Supreme Court within 30 days – (a) from a refusal of the Board to give an approval; or (b) against any conditions imposed on an approval by the Board. (2) If the Board has not given or refused to give an approval within 60 days after an application for approval was made, the Board must be taken to have given the approval. (3)  After hearing the matter, the Supreme Court – (a) may refuse, grant or confirm an approval; and (b) if it grants an approval, may impose any conditions on the approval it thinks fit; and (c) if it confirms an approval, may confirm or vary any conditions imposed on the approval by the Board and impose any further conditions on the approval it thinks fit. (4) A law practice must comply with any conditions imposed on an approval by the Board or the Supreme Court.Penalty: Fine not exceeding 100 penalty units. 19Prohibition on employment of certain lay associates (1) This section applies to a person who is not an Australian legal practitioner and who is or was a lay associate of a law practice that – (a) engages in legal practice principally in this jurisdiction; or (b) employs or employed the person to work principally in this jurisdiction – and so applies whether or not the law practice subsequently ceased to exist or engage in legal practice principally in this jurisdiction and whether or not any person ceases, by death or otherwise, to be a legal practitioner associate of the law practice. (2) On application by the Board, the Supreme Court may make an order prohibiting any law practice from employing or paying in connection with the legal practice engaged in by the law practice a specified person to whom this section applies, if – (a) the Supreme Court is satisfied that the person is not a fit and proper person to be employed or paid in connection with that legal practice; or (b) the Supreme Court is satisfied that the person has been guilty of conduct that, if the person were an Australian legal practitioner, would have constituted unsatisfactory professional conduct or professional misconduct. (3)  An order made under subsection (2) may be made for a specified period or indefinitely. (4) An order under this section may apply to a specified law practice or specified class of law practices or may apply to law practices generally. (5) An order under this section may be revoked by the Supreme Court on application by the Board or the person against whom the order was made. 20Proceedings on prohibition orders (1) The parties to an application to the Supreme Court under this Division may be represented by an Australian legal practitioner at the hearing of the application. (2)  On making an order under this Division, or on determining an appeal under section 18 (Appeal by law practice or lay associate), the Supreme Court may make orders for costs. (3)  An order for costs – (a) may be for a specified amount or an unspecified amount; and (b) if for an unspecified amount, may specify the basis on which the amount is to be determined; and (c) may specify the terms on which costs must be paid. 21Register of approvals and prohibition ordersThe Board must – (a) maintain in its office a register of approvals under section 17 (Associates who are disqualified or convicted persons); and (b) maintain in its office a register of approvals and orders made by the Supreme Court under section 18 (Appeal by law practice or lay associate) and section 158 (Prohibition on partnerships with certain partners who are not Australian legal practitioners) and orders prohibiting the employment of certain lay associates made under section 19 (Prohibition on employment of certain lay associates); and (c) permit the register to be inspected by Australian legal practitioners during office hours and without charge, but only if the inspection is made by, or on behalf of, an Australian legal practitioner; and (d) permit the register to be inspected by the prescribed authority. Division 4General22Professional discipline (1) A contravention of this Part by an Australian lawyer who is not an Australian legal practitioner is capable of constituting unsatisfactory professional conduct or professional misconduct. (2) Nothing in this Part affects any liability that a person who is an Australian lawyer but not an Australian legal practitioner may have under Chapter 4 (Complaints and discipline), and the person may be punished for an offence under this Part as well as being dealt with under Chapter 4 in relation to the same matter. PART 2.2Admission of Local LawyersDivision 1Preliminary23PurposesThe purposes of this Part are as follows: (a) in the interests of the administration of justice and for the protection of consumers of legal services, to provide a system under which only applicants who have appropriate academic qualifications and practical legal training and who are otherwise fit and proper persons to be admitted are qualified for admission to the legal profession in this jurisdiction; (b) to provide for the recognition of equivalent qualifications and training that make applicants eligible for admission to the legal profession in other jurisdictions. 24DefinitionsIn this Part – admission means admission to the legal profession under this Act; admission rules means the rules made under section 38 (Admission rules); applicant or "applicant for admission" means an applicant for admission to the legal profession under this Act; Board of Legal Education rules means rules made under section 608 (Rules of Board of Legal Education); overseas applicant means a person who has obtained academic qualifications, completed practical legal training or gained experience in legal practice wholly or partly overseas; [Section 24 Amended by No. 68 of 2013, s. 4, Applied:01 Jan 2014] professional association means the Law Society, the Tasmanian Bar or other prescribed body. Division 2Eligibility and suitability for admission25Eligibility for admission (1) A person is eligible for admission to the legal profession only if the person is a natural person aged 18 years or over and – (a) the person has attained – (i) approved academic qualifications; or (ii) corresponding academic qualifications – or is exempted from compliance with this paragraph under subsection (4); and (b) the person has satisfactorily completed – (i) approved practical legal training requirements; or (ii) corresponding practical legal training requirements – or is exempted from compliance with this paragraph under subsection (4). (2)  In this section – approved academic qualifications means academic qualifications that are approved, under the Board of Legal Education rules, for admission to the legal profession in this jurisdiction; approved practical legal training requirements means legal training requirements that are approved, under the Board of Legal Education rules, for admission to the legal profession in this jurisdiction; corresponding academic qualifications means academic qualifications that would qualify the person for admission to the legal profession in another jurisdiction, if the Board of Legal Education is satisfied that substantially the same minimum criteria apply for the approval of academic qualifications for admission in the other jurisdiction as apply in this jurisdiction; corresponding practical legal training requirements means legal training requirements that would qualify the person for admission to the legal profession in another jurisdiction, if the Board of Legal Education is satisfied that substantially the same minimum criteria apply for the approval of legal training requirements for admission in the other jurisdiction as apply in this jurisdiction. (3)  For the purposes of subsection (2), the Board of Legal Education may satisfy itself regarding the minimum criteria for the approval of academic qualifications, or legal training requirements, for admission in another jurisdiction by considering appropriate advice from an authority of the other jurisdiction that those criteria were established consistently with relevant agreed standards, and accordingly the Board of Legal Education need not examine (in detail or at all) the content of courses of legal study or legal training requirements prescribed in the other jurisdiction. (4) The Supreme Court, on the recommendation of the Board of Legal Education, may exempt a person from the requirements of subsection (1)(a) or (b), or both, if satisfied that the person has – (a) sufficient academic qualifications; or (b) sufficient relevant experience in legal practice or relevant service with a government department or government agency – or both, so as to render the person eligible for admission, whether the qualifications or experience were obtained wholly or partly in Australia or overseas. (5)  An exemption under subsection (4) may be given unconditionally or subject to such conditions relating to the obtaining of further academic qualifications or further legal training as the Supreme Court, on the recommendation of the Board of Legal Education, considers appropriate. (6)  For the purposes of subsection (3), the regulations may identify or provide a means of identifying the relevant agreed standards. 26Suitability for admission (1)  The Supreme Court must, in deciding if a person is a fit and proper person to be admitted to the legal profession under this Act, consider – (a) each of the suitability matters in relation to the person to the extent a suitability matter is appropriate; and (b) any other matter it considers relevant. (2) However, the Supreme Court may consider a person to be a fit and proper person to be admitted to the legal profession under this Act despite a suitability matter because of the circumstances relating to the matter. (3)  To enable the Supreme Court to make a decision under subsection (1), the Supreme Court may require an applicant – (a) to obtain from the Commissioner of Police, at the applicant’s expense, a report in relation to convictions (if any) of the applicant in this or any other jurisdiction, including the Commonwealth, and to provide that report to the Court; or (b) [Section 26 Subsection (3) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] to be medically examined by a medical practitioner nominated by the Court and to furnish a report of that examination to the Court, at the applicant’s expense. 27Early consideration of suitability (1)  A person may apply to the Supreme Court for a declaration that matters disclosed by the person will not adversely affect an assessment by the Court as to whether the person is a fit and proper person to be admitted. (2)  The Supreme Court is to consider each application under this section and make an order or declaration as it sees fit. 28Binding effect of declaration or orderAn order or declaration made under section 27 is binding unless the applicant failed on the application to make a full and fair disclosure of all matters relevant to the declaration sought. 29Entitlement to be represented, heard and make representations (1) The Board, a professional association and the applicant concerned are entitled – (a) to make representations in writing to the Supreme Court in relation to any matter under consideration by the Court under this Division; and (b) to be represented and heard at any application or appeal under this Division. (2) The Supreme Court is to notify the Board and any relevant professional association in accordance with the admission rules of – (a) any application for a declaration under section 27 (Early consideration of suitability); and (b) any order or declaration made under that section. Division 3Admission to the legal profession30Notice of intention to apply for admission (1) A person who intends to apply for admission to the legal profession is to cause a notice of that intention to be published within such period and in such a manner as are prescribed by the admission rules. (2)  A person who wishes to extend or shorten the period referred to in subsection (1) may apply to the Supreme Court for an order to that effect. (3)  A person who makes an application under subsection (2) is to forward a copy of that application to the Board, the Law Society and any other relevant professional association. (4)  The Supreme Court must not hear an application unless – (a) it is satisfied that the provisions of subsection (3) have been complied with; and (b) the Board, the Law Society and any other relevant professional association are given an opportunity to appear before the Court hearing the application. 31Admission (1)  A person may apply to the Supreme Court to be admitted to the legal profession. (2) The applicant must provide a copy of the application to the Board, the Law Society and any other relevant professional association in accordance with the admission rules. (3)  On receipt of an application under subsection (1), the Supreme Court may refer the application to the Board of Legal Education and request the Board of Legal Education to – (a) provide a recommendation on the person’s eligibility for admission; or (b) report on any matter relevant to the person’s eligibility for admission. (4) The Board of Legal Education is to provide its recommendation to the Supreme Court within 30 days of the receipt of the request under subsection (3) unless the applicant is an overseas applicant. (5) In determining the eligibility of a person for admission, the Supreme Court may rely on the recommendation of the Board of Legal Education. (6)  The Supreme Court may admit a person as a lawyer if satisfied that the person – (a) is eligible for admission; and (b) is a fit and proper person to be admitted; and (c) has complied with the provisions of this Part. 32Objection to admission (1) The Board, the Law Society, any other relevant professional association or any other person who has reasonable grounds to object to an application for admission may apply to the Supreme Court to hear and determine the issues relating to the objection. (2) A person who intends to object to an application for admission must lodge with the Registrar two copies of a notice of objection stating the grounds of the objection. (3)  The Court may accept a notice of objection lodged not less than 7 days before the date on which the application for admission is to be heard or at such time as the Court determines. (4) If an objection is made by a person other than the Board or the Law Society, the person making the objection must provide a copy of the notice of objection to the Board and the Law Society. (5) On receipt of a notice of objection, the Registrar is to forward a copy of the notice to the applicant. (6)  A person who lodges a notice of objection is entitled to appear at any hearing held to determine the objection. 33Terms and conditions of admission (1)  The Supreme Court may admit a person to the legal profession under section 31 on such terms and conditions relating to the right of that person to practise as it thinks fit. (2) If the Supreme Court admits a person subject to terms and conditions relating to the right of that person to practise, the Court may, on the application of that person, review, modify or remove all or any of those terms and conditions if – (a) the application is made at least 12 months after the date on which the person was so admitted; or (b) in the case of a second or subsequent application, the application is made at least 12 months after the date on which the preceding application was made. 34Oath on admissionA person who applies to be admitted under this Part must, before that admission, take and subscribe the oath specified in the admission rules. 35Roll of local lawyers (1)  The Supreme Court is to maintain a roll of persons admitted to the legal profession under this Act (referred to in this Act as the "local roll"). (2) When a person is admitted to the legal profession under this Act, the Supreme Court is to cause the person’s name to be entered on the local roll and the admission of a person to the legal profession under this Act is effective from the time the person’s name is entered on the local roll. (3) A person who is admitted to the legal profession subject to the condition that he or she practise solely as a barrister must sign the roll of barristers, and the person’s admission is effective from the time he or she signs the roll of barristers. (4) The local roll or a copy of the local roll must be available for inspection, without charge, during normal business hours. (5)  The Supreme Court may publish the name of persons admitted to the legal profession under this Act and any relevant particulars concerning those persons. (6) The Supreme Court must forward to the Board and the prescribed authority the name, address, date of birth and date of admission of each person admitted to the legal profession under this Act as soon as practicable after the person’s name has been entered on the local roll or the person has signed the roll of barristers. (7) The Supreme Court’s functions under this section may be performed by a person or body designated by the Court for the purpose. (8)  The regulations may make provision for or with respect to – (a) the information that may or must be included in the local roll; and (b) publication of information contained in the local roll. 36Certificate of admissionThe Registrar is to issue a certificate of admission to any person who is admitted to the legal profession under this Part. 37Local lawyer is officer of Supreme Court (1)  A person becomes an officer of the Supreme Court on being admitted to the legal profession under this Act. (2)  A person ceases to be an officer of the Supreme Court under subsection (1) if the person’s name is removed from the local roll. Division 4Admission rules38Admission rules (1) The judges of the Supreme Court, or a majority of them, may make rules for the admission of persons to the legal profession under this Act. (2)  Without limiting subsection (1), rules may be made about any of the following: (a) the procedure for admission, including – (i) how an application is to be made; and (ii) giving notice of the application to an entity or public notice of the application; and (iii) the affidavits or certificates the applicant must provide with or for the application; and (iv) the keeping and signing of the local roll and the particulars to be recorded on the roll; and (v) the oath or affirmation of office to be taken or made by a local lawyer; (b) the disclosure of matters that may affect consideration of the eligibility of an applicant for admission, or affect consideration of the question whether the applicant is a fit and proper person to be admitted, including convictions that must be disclosed and those that need not be disclosed; (c) applications for admission under the trans-Tasman mutual recognition legislative scheme; (d) the conferral of a right of objection to an applicant’s admission on persons of appropriate standing; (e) the procedure to be adopted in the conduct of inquiries under this Part; (f) fees and costs payable under the rules and the refund or remission of fees. (3)  Without limiting subsection (1), rules may provide for abridging, in specified circumstances, any period of practical legal training required by the rules. PART 2.3Legal Practice by Australian Legal PractitionersDivision 1Preliminary39PurposesThe purposes of this Part are as follows: (a) to facilitate the national practice of law by ensuring that Australian legal practitioners can engage in legal practice in this jurisdiction and to provide for the certification of Australian lawyers whether or not admitted to the legal profession in this jurisdiction; (b) to provide a system for the granting and renewing of local practising certificates. Division 2Legal practice in this jurisdiction by Australian legal practitioners40Entitlement of holder of Australian practising certificate to practise in this jurisdictionAn Australian legal practitioner is, subject to this Act, entitled to engage in legal practice in this jurisdiction. 41Lawyers entitled to practise without practising certificateAn Australian lawyer or person eligible for admission to the legal profession who is employed or engaged – (a) under the State Service Act 2000; or (b) by a State, Territory or Commonwealth instrumentality; or (c) by a local council; or (d) in a State, Territory or Commonwealth statutory office – is taken to hold, for the purposes of this Act and for purposes of that employment or engagement, a practising certificate as a legal practitioner for the period during which the person is so employed or engaged. Division 3Local practising certificates generally42Local practising certificates (1)  Practising certificates may be granted under this Part. (2)  The prescribed authority may determine categories of local practising certificates. (3) It is a statutory condition of a local practising certificate that the holder must not hold another local practising certificate, or an interstate practising certificate, that is in force during the currency of the first-mentioned local practising certificate. 43Suitability to hold local practising certificate (1)  This section has effect for the purposes of section 53 (Grant or renewal of local practising certificate) or any other provision of this Act where the question of whether or not a person is a fit and proper person to hold a local practising certificate is relevant. (2) The prescribed authority may, in considering whether or not the person is a fit and proper person to hold a local practising certificate, take into account any suitability matter relating to the person, and any of the following, whether happening before or after the commencement of this section: (a) whether the person obtained an Australian practising certificate because of incorrect or misleading information; (b) whether the person has contravened a condition of an Australian practising certificate held by the person; (c) whether the person has contravened this Act or a corresponding law, or the regulations or legal profession rules under this Act or a corresponding law; (d) whether the person has contravened – (i) an order of the Supreme Court, Tribunal or Board; or (ii) an order of a corresponding disciplinary body or of a court or tribunal of another jurisdiction exercising jurisdiction or powers by way of appeal or review of an order of a corresponding disciplinary body; (e) without limiting any other paragraph – (i) whether the person has failed to pay a required contribution or levy to the Guarantee Fund; or (ii) whether the person has contravened a requirement imposed by the prescribed authority about professional indemnity insurance; or (iii) whether the person has failed to pay other costs or expenses for which the person is liable under this Act or the regulations; (f) other matters the prescribed authority thinks appropriate. (3) A person may be considered a fit and proper person to hold a local practising certificate even though the person is within any of the categories of the matters referred to in subsection (2), if the prescribed authority considers that the circumstances warrant such a determination. (4)  If a matter was – (a) disclosed in an application for admission to the legal profession in this or another jurisdiction; and (b) determined by a Supreme Court, or by the certifying body or a corresponding authority, not to be sufficient for refusing admission – the matter cannot be taken into account as a ground for refusing to grant or renew or for suspending or cancelling a local practising certificate, but the matter may be taken into account when considering other matters in relation to the person concerned. 44Duration of local practising certificate (1) A local practising certificate granted under this Act is in force from the date specified in it until the end of the financial year in which it is granted, unless the certificate is sooner suspended or cancelled. (2) A local practising certificate renewed under this Act is in force until the end of the financial year following its previous period of currency, unless the certificate is sooner suspended or cancelled. (3) If an application for the renewal of a local practising certificate has been made but has not been finally determined by the prescribed authority by the following 1 July, the certificate – (a) continues in force on and from that 1 July until the prescribed authority renews or refuses to renew the certificate or the holder withdraws the application for renewal, unless the certificate is sooner cancelled or suspended; and (b) if renewed, is taken to have been renewed on and from that 1 July. (4)  For the purposes of subsection (3), an application is finally determined – (a) by the renewal of the certificate; or (b) by the exhaustion of all rights of review in relation to a decision to refuse to renew the certificate. 45Requirement for professional indemnity insurance (1)  In this section – government lawyer means an Australian lawyer, or a person eligible for admission to the legal profession, employed under the State Service Act 2000 or by a council and includes the Director of Public Prosecutions, the Solicitor-General and the Director of Legal Aid. (2) This section applies to each of the following persons who make an application for the grant or renewal of a local practising certificate: (a) an Australian lawyer who is a government lawyer who, in the lawyer’s application for the grant or renewal of the certificate, stated that the lawyer did not intend to engage in legal practice otherwise than as a government lawyer engaged in government work; (b) an Australian lawyer who is employed by a corporation, that is not an incorporated legal practice, and who provides only in-house legal services to the corporation concerning a proceeding or transaction to which the corporation or related body corporate is a party; (c) an Australian lawyer other than an Australian lawyer mentioned in paragraph (a) or (b). (3) The prescribed authority must not grant or renew a local practising certificate unless the prescribed authority – (a) in the case of an application by an Australian lawyer mentioned in subsection (2)(a), imposes a condition on the certificate that the lawyer must not engage in legal practice otherwise than as a government lawyer engaged in government work; or (b) in the case of an application by an Australian lawyer mentioned in subsection (2)(b), imposes a condition on the certificate that the lawyer must not engage in legal practice otherwise than by providing in-house legal services to a corporation by which the lawyer is employed; or (c) in the case of an application by an Australian lawyer mentioned in subsection (2)(c) , is satisfied that the lawyer will, and imposes a condition on the certificate that the lawyer must, be covered by professional indemnity insurance that complies with this Act during the currency of the local practising certificate unless the lawyer is exempted from professional indemnity insurance requirements under section 346 (Exemption from insurance requirements). (4) Professional indemnity insurance complies with this Act in relation to a local practising certificate if it complies with the requirements under Part 3.4 (Professional Indemnity Insurance). 46Continuing obligation for professional indemnity insurance for local practising certificate (1)  A person commits an offence if – (a) the person is a local legal practitioner; and (b) the person engages in legal practice in this jurisdiction; and (c) the person fails to comply with a condition imposed under section 45(3) on the person’s practising certificate. Penalty:  Fine not exceeding 50 penalty units. (2)  If a person must, under a condition imposed under section 45(3) on the person’s local practising certificate, be covered by professional indemnity insurance and the person becomes aware that the person will not be covered by professional indemnity insurance that complies with the requirements prescribed by the regulations or the Indemnity Rules, the person must advise the prescribed authority in an approved form of that fact as soon as possible, but no later than 7 days after the day the person becomes aware of that fact.Penalty: Fine not exceeding 50 penalty units. 47Local legal practitioner is officer of Supreme CourtA person who is not already an officer of the Supreme Court becomes an officer of the Supreme Court on being granted a local practising certificate or on being taken to hold a local practising certificate. Division 4Grant or renewal of local practising certificates48Application for grant or renewal of local practising certificate (1) An Australian lawyer may apply to the prescribed authority for the grant or renewal of a local practising certificate if eligible to do so under this section. (2) An Australian lawyer is eligible to apply for the grant or renewal of a local practising certificate if the lawyer complies with any regulations and legal profession rules relating to eligibility for the practising certificate and if – (a) in the case of a lawyer who is not an Australian legal practitioner at the time of making the application – (i) the lawyer reasonably expects to be engaged in legal practice solely or principally in this jurisdiction during the currency of the certificate or renewal applied for; or (ii) if subparagraph (i) does not apply to the lawyer or it is not reasonably practicable to determine whether subparagraph (i) applies to the lawyer, the lawyer’s place of residence in Australia is this jurisdiction or the lawyer does not have a place of residence in Australia; or (b) in the case of a lawyer who is an Australian legal practitioner at the time of making the application – (i) the jurisdiction in which the lawyer engages in legal practice solely or principally is this jurisdiction; or (ii) the lawyer holds a current local practising certificate and engages in legal practice in another jurisdiction under an arrangement that is of a temporary nature; or (iii) the lawyer reasonably expects to be engaged in legal practice solely or principally in this jurisdiction during the currency of the certificate or renewal applied for; or (iv) if subparagraph (i), (ii) or (iii) does not apply to the lawyer or it is not reasonably practicable to determine whether subparagraph (i), (ii) or (iii) applies to the lawyer, the lawyer’s place of residence in Australia is this jurisdiction or the lawyer does not have a place of residence in Australia. (3)  For the purposes of subsection (2)(b), the jurisdiction in which an Australian lawyer engages in legal practice solely or principally is to be decided by reference to the lawyer’s legal practice during the certificate period current at the time – (a) the application is made; or (b) in the case of a late application, the application should have been made. (4) An Australian lawyer is not eligible to apply for the grant or renewal of a local practising certificate in respect of a financial year if the lawyer would also be the holder of another Australian practising certificate for that year, but this subsection does not limit the factors determining ineligibility to apply for the grant or renewal of a local practising certificate. (5) An Australian lawyer must not apply for the grant or renewal of a local practising certificate if the lawyer is not eligible to make the application. (6) An Australian legal practitioner who – (a) engages in legal practice solely or principally in this jurisdiction during a financial year; and (b) reasonably expects to engage in legal practice solely or principally in this jurisdiction in the following financial year – must apply for the grant or renewal of a local practising certificate in respect of the following financial year. (7)  Subsection (6) does not apply to an interstate legal practitioner who applied for the grant or renewal of an interstate practising certificate on the basis that the practitioner reasonably expected to engage in legal practice solely or principally in this jurisdiction under an arrangement that is of a temporary nature. (8)  The exemption provided by subsection (7) ceases to operate at the end of the period prescribed by the regulations for the purposes of this subsection. (9) A reference in this section to engaging in legal practice principally in this or any other jurisdiction applies only to legal practice in Australia. Accordingly, an Australian lawyer who is engaged or expects to be engaged in legal practice principally in a foreign country is nevertheless eligible to apply for the grant or renewal of a local practising certificate if the lawyer otherwise meets the requirements of this section so that eligibility is determined by reference to the person’s practice in Australia. 49Manner of application and fees (1) An application for the grant or renewal of a local practising certificate must be – (a) made in the approved form; and (b) accompanied by the prescribed fees and prescribed levies (if any). (2)  The regulations may prescribe different fees for local practising certificates according to different factors determined by the prescribed authority. (3) The approved form may require the applicant to disclose matters that may affect the applicant’s eligibility for the grant or renewal of a local practising certificate or the question whether the applicant is a fit and proper person to hold a local practising certificate. (4) The approved form may indicate that particular kinds of matters previously disclosed in a particular manner need not be disclosed for the purposes of the current application. 50Advice relating to grant or renewal of local practising certificates (1) The prescribed authority must advise the Board of an application for the grant or renewal of a local practising certificate. (2) The Board must advise the prescribed authority of any disciplinary action taken under Chapter 4. (3)  The prescribed authority may take into account any matter referred to it in subsection (2). 51Timing of application for renewal of local practising certificate (1) An application for the renewal of a local practising certificate must be made within – (a) the period prescribed by the regulations as the standard renewal period; or (b) a later period prescribed by the regulations as the late fee period. (2) Those periods must be within the currency of the local practising certificate being renewed. (3)  The prescribed authority may reject an application for renewal made during the late fee period, and must reject an application for renewal made outside those periods unless the prescribed authority accepts the application under subsection (4). (4) The prescribed authority may accept an application made within 6 months after that period (even after the expiry of the local practising certificate being sought to be renewed) if satisfied the delay was caused by reasons beyond the control of the applicant, or other special circumstances exist warranting acceptance of the application. (5)  For an application accepted under subsection (4) after the expiry of the local practising certificate on 30 June in the year concerned, the certificate – (a) is taken to have continued in force on and from the 1 July immediately following its expiry until the prescribed authority renews or refuses to renew the certificate or the holder withdraws the application for renewal, unless the certificate is sooner suspended or cancelled; and (b) if renewed, is taken to have been renewed on and from that 1 July.

Note. Section 52 authorises the charging of a late fee for applications received during the late fee period. If an application is rejected under subsection (3), the applicant will have to apply for the grant of a new local practising certificate.

52Late fee (1) This section applies if an application for renewal of a local practising certificate is made during the late fee period prescribed by the regulations. (2)  Payment of a late fee prescribed by or determined under the regulations may, if the prescribed authority thinks fit, be required as a condition of acceptance of the application. 53Grant or renewal of local practising certificate (1) The prescribed authority must consider an application that has been made for the grant or renewal of a local practising certificate and may – (a) grant or refuse to grant the certificate; or (b) renew or refuse to renew the certificate – and in granting or renewing the certificate may impose conditions as referred to in section 56 (Conditions imposed by prescribed authority). (2)  The prescribed authority may refuse – (a) to consider an application if – (i) it is not made in accordance with this Act or the legal profession rules; or (ii) the required fees and costs have not been paid; or (b) to grant or renew a local practising certificate if the applicant has not complied with the regulations or the legal profession rules in relation to the application. (3) The prescribed authority must not grant a local practising certificate unless it is satisfied that the applicant – (a) was eligible to apply for the grant when the application was made; and (b) is a fit and proper person to hold the certificate.

Note. Section 43 (Suitability to hold local practising certificate) deals with the question of whether or not a person is a fit and proper person to hold a local practising certificate.

(4) The prescribed authority must not renew a local practising certificate if it is satisfied that the applicant – (a) was not eligible to apply for the renewal when the application was made; or (b) is not a fit and proper person to continue to hold the certificate. (5) The prescribed authority must not grant or renew a local practising certificate if the prescribed authority considers the applicant’s circumstances have changed since the application was made and the applicant would (having regard to information that has come to the prescribed authority’s attention) not have been eligible to make the application when the application is being considered. (6) Without limiting any other provision of this section, the prescribed authority may refuse to grant or renew a local practising certificate if a finding of unsatisfactory professional conduct or professional misconduct has been made in respect of the applicant and – (a) a fine imposed because of the finding has not been paid; or (b) costs awarded against the applicant have not been paid or, if an arrangement for their payment has been made, the applicant is in default under the arrangement. (7) Without limiting any other provision of this section, the prescribed authority may refuse to grant or renew a local practising certificate if – (a) any costs of an investigation or examination payable under Part 3.2 (Trust Money and Trust Accounts) by or in respect of the applicant have not been paid; or (b) any fees, costs or expenses of external intervention payable under Chapter 5 (External Intervention) by or in respect of the applicant have not been paid; or (c) any other fees, costs or levies required under the Act have not been paid. (8) Without limiting any other provision of this section, the prescribed authority may refuse to grant or renew a local practising certificate on any ground on which the local practising certificate could be suspended or cancelled. (9) This section does not affect any other provision of this Act that provides for the refusal to grant a local practising certificate. (10) If the prescribed authority grants or renews a local practising certificate, the prescribed authority must, as soon as practicable, give the applicant – (a) for the grant of a certificate, a local practising certificate; or (b) for the renewal of a certificate, a new local practising certificate. (11) Within 30 days after receiving an application for the grant of a local practising certificate, the prescribed authority must – (a) grant the certificate; or (b) refuse to grant the certificate. (12) Within 60 days after receiving an application for renewal of a local practising certificate, the prescribed authority must – (a) renew the certificate; or (b) refuse to renew the certificate. (13)  If the prescribed authority – (a) refuses to grant or renew a local practising certificate; or (b) imposes a condition on the certificate and the applicant does not agree to the condition – the prescribed authority must, as soon as practicable, give the applicant an information notice. 54Advice to Board of grant, renewal or refusal to grant or renew local practising certificate (1) The prescribed authority must advise the Board of any of the following actions taken by the prescribed authority in relation to an Australian lawyer or Australian legal practitioner: (a) a decision to grant or renew a local practising certificate with or without conditions; (b) a decision to refuse to grant or renew a local practising certificate. (2) If the prescribed authority grants or renews a local practising certificate subject to conditions, it must advise the Board of those conditions and the reasons why the prescribed authority imposed those conditions. Division 5Conditions on local practising certificates55Conditions generally (1) A local practising certificate is subject to – (a) any conditions imposed by the prescribed authority; and (b) any statutory conditions imposed by this or any other Act; and (c) any conditions imposed by or under the legal profession rules or the regulations; and (d) any conditions imposed or varied by the Supreme Court under section 57 (Imposition or variation of conditions pending criminal proceedings); and (e) any conditions imposed under Chapter 4 (Complaints and discipline) or under provisions of a corresponding law that correspond to Chapter 4. (2) If a condition is imposed, varied or revoked under this Act (other than a statutory condition) during the currency of the local practising certificate concerned, the certificate is to be amended by the prescribed authority, or a new certificate is to be issued by the prescribed authority, to reflect on its face the imposition, variation or revocation. 56Conditions imposed by prescribed authority (1) The prescribed authority may impose conditions on a local practising certificate – (a) when it is granted or renewed; or (b) during its currency. (2)  A condition imposed under this section must be reasonable and relevant. (3)  A condition imposed under this section may be about any of the following: (a) requiring the holder of the local practising certificate to undertake and complete – (i) continuing legal education; or (ii) specific legal education or training; or (iii) a period of supervised legal practice; (b) restricting the areas of law practised; (c) controlling, restricting or prohibiting the operation of a trust account; (d) restricting the holder of the practising certificate to particular conditions concerning employment or supervision; (e) requiring the holder of the practising certificate to undergo counselling or medical treatment or to act in accordance with medical advice given to the holder; (f) requiring the holder of the practising certificate to use the services of an accountant or other financial specialist in connection with his or her practice; (g) requiring the holder of the practising certificate to provide the prescribed authority with evidence as to any outstanding tax obligations of the holder and as to provision made by the holder to satisfy any such outstanding obligations; (h) a matter agreed to by the holder of the practising certificate. (4)  Subsection (3) does not limit the matters about which a condition may be imposed under this section. (5) The prescribed authority must not impose a condition requiring the holder of a local practising certificate to undertake and complete specific legal education or training unless – (a) the prescribed authority is satisfied, having regard to – (i) the nature or currency of the holder’s academic studies, legal training or legal experience; or (ii) the holder’s conduct – that it is reasonable to require the specific legal education or training to be undertaken and completed; or (b) the condition is one that is imposed generally on holders of local practising certificates or any class of holders of local practising certificates.

Note. A class of holders might comprise newly qualified lawyers, or lawyers returning to legal practice after suspension or an extended break.

(6) The prescribed authority may vary or revoke conditions imposed under this section. (7) If the prescribed authority imposes, varies or revokes a condition during the currency of the local practising certificate concerned, the imposition, variation or revocation takes effect when the holder has been notified of it or at a later time specified by the prescribed authority. (8) If the prescribed authority imposes a condition on the certificate when it is granted or renewed and the holder of the certificate notifies the prescribed authority in writing within one month after the grant or renewal that he or she does not agree to the condition, the prescribed authority must, as soon as practicable, give the holder an information notice. (9)  This section has effect subject to section 65 (Amending, suspending or cancelling local practising certificate) in relation to the imposition of a condition on a local practising certificate during its currency. 57Imposition or variation of conditions pending criminal proceedings (1) If a local legal practitioner has been charged with a relevant offence but the charge has not been determined, the prescribed authority may apply to the Supreme Court for an order under this section. (2)  On an application under subsection (1), the Supreme Court, if it considers it appropriate to do so having regard to the seriousness of the offence and to the public interest, may make either or both of the following orders: (a) an order varying the conditions on the practitioner’s local practising certificate; (b) an order imposing further conditions on the practitioner’s local practising certificate. (3)  An order under this section has effect until the sooner of – (a) the end of the period specified by the Supreme Court; or (b) if the practitioner is convicted of the offence, 28 days after the day of the conviction; or (c) if the charge is dismissed, the day of the dismissal. (4)  The Supreme Court, on application by any party, may vary or revoke an order under this section at any time. (5)  In this section – relevant offence means a serious offence or an offence that would have to be disclosed under the admission rules in relation to an application for admission to the legal profession under this Act. 58Statutory condition regarding conditions imposed on interstate admissionIt is a statutory condition of a local practising certificate that the holder must not contravene a condition that was imposed on the admission of the person to the legal profession under a corresponding law (with any variations of the condition made from time to time) and that is still in force.

Note. Contravention of a condition imposed on admission locally is dealt with in section 62 (Compliance with conditions).

59Statutory condition regarding legal practice (1) It is a statutory condition of a local practising certificate that the holder must engage in supervised legal practice only, until the holder has completed – (a) if the holder completed practical legal training principally under the supervision of an Australian lawyer, whether involving articles of clerkship or otherwise, to qualify for admission to the legal profession in this or another jurisdiction, a period or periods equivalent to 18 months’ supervised legal practice, worked out under relevant regulations, after the day the holder’s first local practising certificate was granted; or (b) if the holder completed other practical legal training to qualify for admission to the legal profession in this or another jurisdiction, a period or periods equivalent to 2 years’ supervised legal practice, worked out under the relevant regulations, after the day the holder’s first local practising certificate was granted. (2)  Subsection (1) has effect subject to any other conditions that relate to engaging in supervised legal practice after a period or periods referred to in that subsection. (3) The prescribed authority may exempt a person or class of persons from the requirement for supervised legal practice under subsection (1) or may reduce a period referred to in that subsection for a person or class of persons, if satisfied that the person or class of persons do not need to be supervised or need to be supervised only for a shorter period, having regard to – (a) the length and nature of any legal practice previously engaged in by the person or class of persons; and (b) the length and nature of any legal practice engaged in by the supervisors (if any) who previously supervised the legal practice engaged in by the person or class of persons. (4)  An exemption under subsection (3) may be given unconditionally or subject to such conditions as the prescribed authority thinks appropriate. (5) The prescribed authority may exempt a person from the requirement for supervised legal practice under subsection (1) if the person has satisfied any requirements relating to training or qualifications prescribed by the regulations as a precondition to becoming a barrister. 60Statutory condition regarding notification of offence (1) It is a statutory condition of a local practising certificate that the holder of the certificate – (a) must notify the prescribed authority in an approved form that the holder has been – (i) convicted of an offence that would have to be disclosed under the admission rules in relation to an application for admission to the legal profession under this Act; or (ii) charged with a serious offence; and (b) must do so within 7 days of the event. (2)  The giving of notice in accordance with Division 7 (Special powers in relation to local practising certificates – show cause events) of a conviction for a serious offence satisfies the requirements of subsection (1)(a)(i) in relation to the conviction. 61Conditions imposed by legal profession rulesThe legal profession rules may – (a) impose conditions on local practising certificates or any class of local practising certificates; or (b) authorise conditions to be imposed on local practising certificates or any class of local practising certificates. 62Compliance with conditionsThe holder of a current local practising certificate must not contravene (in this jurisdiction or elsewhere) a condition to which the certificate is subject.Penalty: Fine not exceeding 100 penalty units. Division 6Amendment, suspension or cancellation of local practising certificates63Application of this DivisionThis Division does not apply in relation to matters referred to in Division 7 (Special powers in relation to local practising certificates – show cause events). 64Grounds for amending, suspending or cancelling local practising certificateEach of the following is a ground for amending, suspending or cancelling a local practising certificate: (a) the holder is no longer a fit and proper person to hold the certificate; (b) the holder does not have, or no longer has, professional indemnity insurance that complies with this Act in relation to the certificate; (c) if a condition of the certificate is that the holder is limited to legal practice specified in the certificate, the holder is or has been engaging in legal practice that the holder is not entitled to engage in under this Act. 65Amending, suspending or cancelling local practising certificate (1) If the prescribed authority believes a ground exists to amend, suspend or cancel a local practising certificate (the "proposed action"), the prescribed authority must give the holder a notice that – (a) states the proposed action and – (i) if the proposed action is to amend the certificate, states the proposed amendment; and (ii) if the proposed action is to suspend the certificate, states the proposed suspension period; and (b) states the grounds for proposing to take the proposed action; and (c) outlines the facts and circumstances that form the basis for the prescribed authority’s belief; and (d) invites the holder to make written representations to the prescribed authority, within a specified time of not less than 7 days and not more than 28 days, as to why the proposed action should not be taken. (2)  If, after considering all written representations made within the specified time and, in its discretion, written representations made after the specified time, the prescribed authority still believes a ground exists to take the proposed action, the prescribed authority may – (a) if the notice under subsection (1) stated the proposed action was to amend the local practising certificate, amend the certificate in the way stated or in a less onerous way the prescribed authority considers appropriate because of the representations; or (b) if the notice stated the proposed action was to suspend the local practising certificate for a specified period – (i) suspend the certificate for a period no longer than the specified period; or (ii) amend the certificate in a less onerous way the prescribed authority considers appropriate because of the representations; or (c) if the notice stated the proposed action was to cancel the local practising certificate – (i) cancel the certificate; or (ii) suspend the certificate for a period; or (iii) amend the certificate in a less onerous way the prescribed authority considers appropriate because of the representations. (3) If the prescribed authority decides to amend, suspend or cancel the local practising certificate, the prescribed authority must give the holder an information notice about the decision. (4)  In this section – amend a local practising certificate means amend the certificate under section 56 (Conditions imposed by prescribed authority) during its currency, other than at the request of the holder of the certificate.

Note. Section 68 provides for immediate suspension of local practising certificates.

66Advice to Board of decision to amend, suspend or cancel local practising certificate (1) The prescribed authority must advise the Board of any of the following actions taken by the prescribed authority in relation to an Australian lawyer or Australian legal practitioner: (a) a decision to amend a local practising certificate; (b) a decision to suspend or cancel a local practising certificate. (2) If the prescribed authority amends, suspends or cancels a local practising certificate, it must advise the Board of the amendment, suspension or cancellation and the reasons for the amendment, suspension or cancellation. 67Operation of amendment, suspension or cancellation of local practising certificate (1) This section applies if a decision is made to amend, suspend or cancel a local practising certificate under section 65 (Amending, suspending or cancelling local practising certificate). (2)  Subject to subsections (3) and (4), the amendment, suspension or cancellation of the local practising certificate takes effect on the later of the following: (a) the day notice of the decision is given to the holder; (b) the day specified in the notice. (3) If the local practising certificate is amended, suspended or cancelled because the holder has been convicted of an offence – (a) the Supreme Court may, on the application of the holder, order that the operation of the amendment, suspension or cancellation of the local practising certificate be stayed until – (i) the end of the time to appeal against the conviction; and (ii) if an appeal is made against the conviction, the appeal is finally decided, lapses or otherwise ends; and (b) the amendment, suspension or cancellation does not have effect during any period in respect of which the stay is in force. (4) If the local practising certificate is amended, suspended or cancelled because the holder has been convicted of an offence and the conviction is quashed – (a) the amendment or suspension ceases to have effect when the conviction is quashed; or (b) the cancellation ceases to have effect when the conviction is quashed and the certificate is restored as if it had merely been suspended. 68Immediate suspension of local practising certificate (1)  This section applies, despite Divisions 6 and 7, if the prescribed authority considers it necessary in the public interest to immediately suspend a local practising certificate on – (a) any of the grounds on which the certificate could be suspended or cancelled under Division 6; or (b) the ground of the happening of a show cause event (within the meaning of Division 7 ) in relation to the holder of the certificate; or (c) any other ground that the prescribed authority considers warrants suspension of the local practising certificate in the public interest – whether or not any action has been taken or commenced under Division 6 or 7 in relation to the holder. (2) The prescribed authority may, by written notice given to the holder of the certificate, immediately suspend the local practising certificate until the earlier of the following: (a) the time at which the prescribed authority informs the holder of the prescribed authority’s decision by notice under section 65 (Amending, suspending or cancelling local practising certificate); (b) the end of the period of 56 days after the notice is given to the holder under this section. (3)  The notice under this section must – (a) include an information notice about the suspension; and (b) state that the holder of the local practising certificate may make written representations to the prescribed authority about the suspension; and (c) state that the holder of the local practising certificate may appeal against the suspension under section 84 (Appeal against decisions about local practising certificates). (4) The holder of the local practising certificate may make written representations to the prescribed authority about the suspension, and the prescribed authority must consider the representations. (5)  The prescribed authority may revoke the suspension at any time, whether or not in response to any written representations made to it by the holder. (6)  Nothing in this section prevents the prescribed authority from making a complaint under Chapter 4 about a matter to which this section relates. (7) The suspension of a local practising certificate under this section does not affect any disciplinary processes in respect of matters arising before the suspension. 69Advice to Board of immediate suspension of local practising certificate and revocation of suspension (1) The prescribed authority must advise the Board of the suspension of a local practising certificate under section 68 and the reasons for the suspension. (2) The prescribed authority must advise the Board if the suspension is revoked and the reasons for the revocation. 70Other ways of amending or cancelling local practising certificate (1) The prescribed authority may amend or cancel a local practising certificate if the holder requests the prescribed authority to do so. (2) The prescribed authority may amend a local practising certificate – (a) for a formal or clerical reason; or (b) in another way that does not adversely affect the holder’s interests. (3) The prescribed authority must cancel a local practising certificate if the holder’s name has been removed from the local roll or the holder ceases to be an Australian lawyer. (4) The amendment or cancellation of a local practising certificate under this section is effected by written notice given to the holder. (5)  Section 65 (Amending, suspending or cancelling local practising certificate) does not apply in a case to which this section applies. (6) The prescribed authority must advise the Board of any amendment or cancellation of a local practising certificate under this section. 71Relationship of this Division with Chapter 4Nothing in this Division prevents a complaint from being made under Chapter 4 (Complaints and discipline) about a matter to which this Division relates. Division 7Special powers in relation to local practising certificates – show cause events72Applicant for local practising certificate – show cause event (1)  This section applies if – (a) a person is applying for the grant of a local practising certificate; and (b) a show cause event in relation to the person happened, whether before or after the commencement of this section, after the person was first admitted to the legal profession in this or another jurisdiction, however the admission was expressed at the time of the admission. (2)  As part of the application, the person must provide to the prescribed authority a written statement – (a) about the show cause event; and (b) explaining why, despite the show cause event, the applicant considers himself or herself to be a fit and proper person to hold a local practising certificate. (3)  However, the person need not provide a statement under subsection (2) if the person (as a previous applicant for a local practising certificate or as the holder of a local practising certificate previously in force) has previously provided to the prescribed authority – (a) a statement under this section; or (b) a notice and statement under section 73  – explaining why, despite the show cause event, the applicant considers himself or herself to be a fit and proper person to hold a local practising certificate. 73Holder of local practising certificate – show cause event (1) This section applies to a show cause event that happens in relation to the holder of a local practising certificate. (2)  The holder must provide to the prescribed authority both of the following: (a) within 7 days after the happening of the event, notice, in the approved form, that the event happened; (b) within 28 days after the happening of the event, a written statement explaining why, despite the show cause event, the person considers himself or herself to be a fit and proper person to hold a local practising certificate. (3)  If a written statement is provided after the period of 28 days referred to in subsection (2)(b), the prescribed authority may accept the statement and take it into consideration. 74Refusal, amendment, suspension or cancellation of local practising certificate – failure to show cause (1) The prescribed authority may refuse to grant or renew, or may amend, suspend or cancel, a local practising certificate if the applicant or holder – (a) is required by section 72 (Applicant for local practising certificate – show cause event) or section 73 (Holder of local practising certificate – show cause event) to provide a written statement relating to a matter and has failed to provide a written statement in accordance with that requirement; or (b) has provided a written statement in accordance with section 72 or section 73 but the prescribed authority does not consider that the applicant or holder has shown in the statement that, despite the show cause event concerned, he or she is a fit and proper person to hold a local practising certificate. (2)  For the purposes of this section only, a written statement accepted by the prescribed authority under section 73(3) is taken to have been provided in accordance with section 73. (3) The prescribed authority must give the applicant or holder an information notice about the decision to refuse to grant or renew, or to amend, suspend or cancel, the certificate. 75Restriction on making further applications (1)  This section applies if the prescribed authority decides under section 74 to refuse to grant or renew a local practising certificate to a person or to cancel a person’s local practising certificate. (2) The prescribed authority may also decide that the person is not entitled to apply for the grant of a local practising certificate for a specified period not exceeding 5 years. (3)  If the prescribed authority makes a decision under subsection (2), the prescribed authority must include the decision in the information notice required under section 74(3). (4) A person in respect of whom a decision has been made under this section, or under a provision of a corresponding law, is not entitled to apply for the grant of a local practising certificate during the period specified in the decision. 76Relationship of this Division with Chapter 4Nothing in this Division prevents a complaint being made under Chapter 4 about a matter to which this Division relates. Division 8Further provisions relating to local practising certificates77Surrender and cancellation of local practising certificate (1) The holder of a local practising certificate may surrender the certificate to the prescribed authority. (2)  The prescribed authority may cancel the certificate after it has been surrendered under subsection (1). 78Return of local practising certificate (1) This section applies if a local practising certificate granted to an Australian legal practitioner – (a) is amended, suspended or cancelled by the prescribed authority; or (b) is replaced by another certificate. (2) The prescribed authority may give the practitioner a notice requiring the practitioner to return the local practising certificate to the prescribed authority in the way specified in the notice within a specified period of not less than 14 days. (3)  The practitioner must comply with a notice, unless the practitioner has a reasonable excuse.Penalty:  Fine not exceeding 20 penalty units. (4) The prescribed authority must return the local practising certificate to the practitioner as soon as practicable – (a) if the certificate is amended, after amending it; or (b) if the certificate is suspended and is still current at the end of the suspension period, at the end of the suspension period. Division 9Interstate legal practitioner79Requirement for professional indemnity insurance (1) An interstate legal practitioner must not engage in legal practice in this jurisdiction, or represent or advertise that the practitioner is entitled to engage in legal practice in this jurisdiction, unless the practitioner – (a) is covered by professional indemnity insurance that – (i) covers legal practice in this jurisdiction; and (ii) has been approved under or complies with the requirements of the corresponding law of the practitioner’s home jurisdiction; and (iii) is for at least $1.5 million (inclusive of defence costs), unless (without affecting subparagraph (i) or (ii) ) the practitioner engages in legal practice solely as or in the manner of a barrister; or (b) is employed by a corporation, other than an incorporated legal practice, and the only legal services provided by the practitioner in this jurisdiction are in-house legal services. Penalty:  Fine not exceeding 100 penalty units. (2)  Subsection (1) does not apply to an interstate legal practitioner who – (a) is a government lawyer as defined in section 91; and (b) is engaged in legal practice in this jurisdiction only to the extent that the practitioner is engaging in government work; and (c) has an indemnity or immunity (whether provided by law or governmental policy) that is applicable in respect of that legal practice; and (d) is exempted from professional indemnity insurance requirements under section 346 (Exemption from insurance requirements). 80Extent of entitlement of interstate legal practitioner to practise in this jurisdiction (1) This Part does not authorise an interstate legal practitioner to engage in legal practice in this jurisdiction to a greater extent than a local legal practitioner could be authorised under a local practising certificate. (2) Also, an interstate legal practitioner’s right to engage in legal practice in this jurisdiction – (a) is subject to – (i) any conditions imposed by the prescribed authority under section 81; and (ii) any conditions imposed by or under the legal profession rules as referred to in that section; and (b) is, to the greatest practicable extent and with all necessary changes – (i) the same as the practitioner’s right to engage in legal practice in the practitioner’s home jurisdiction; and (ii) subject to any condition on the practitioner’s right to engage in legal practice in that jurisdiction, including any conditions imposed on his or her admission to the legal profession in this or another jurisdiction. (3) If there is an inconsistency between conditions mentioned in subsection (2)(a) and conditions mentioned in subsection (2)(b), the conditions that are, in the opinion of the prescribed authority, more onerous prevail to the extent of the inconsistency. (4) An interstate lawyer must not engage in legal practice in this jurisdiction in a manner not authorised by this Act or in contravention of any condition referred to in this section. 81Additional conditions on practice of interstate legal practitioners (1) The prescribed authority may, by written notice to an interstate legal practitioner engaged in legal practice in this jurisdiction, impose any condition on the practitioner’s practice that it may impose under this Act on a local practising certificate. (2) Also, an interstate legal practitioner’s right to engage in legal practice in this jurisdiction is subject to any condition imposed by or under an applicable legal profession rule. (3) Conditions imposed under or referred to in this section must not be more onerous than conditions applying to local legal practitioners. (4) A notice under this section must include an information notice about the decision to impose a condition. (5) An interstate legal practitioner must not contravene a condition imposed under this section.Penalty: Fine not exceeding 100 penalty units. 82Special provisions about interstate legal practitioner engaging in unsupervised legal practice in this jurisdiction (1) An interstate legal practitioner must not engage in unsupervised legal practice in this jurisdiction unless – (a) if the interstate legal practitioner completed practical legal training principally under the supervision of an Australian lawyer, whether involving articles of clerkship or otherwise, to qualify for admission to the legal profession in this or another jurisdiction, the interstate legal practitioner has undertaken a period or periods equivalent to 18 months’ supervised legal practice, worked out under relevant regulations, after the day the practitioner’s first practising certificate was granted; or (b) if the interstate legal practitioner completed other practical legal training to qualify for admission to the legal profession in this or another jurisdiction, the interstate legal practitioner has undertaken a period or periods equivalent to 2 years’ supervised legal practice, worked out under relevant regulations, after the day the practitioner’s first practising certificate was granted. (2)  Subsection (1)  – (a) does not apply if the interstate legal practitioner is exempt from the requirement for supervised legal practice in the practitioner’s home jurisdiction; or (b) applies only to the extent of a shorter period if the required period of supervised legal practice has been reduced for the interstate legal practitioner in the practitioner’s home jurisdiction. 83Interstate legal practitioner is an officer of Supreme CourtAn interstate legal practitioner engaged in legal practice in this jurisdiction has all the duties and obligations of an officer of the Supreme Court, and is subject to the jurisdiction and powers of the Supreme Court in respect of those duties and obligations. Division 10Appeals84Appeal against decisions about local practising certificates (1)  A person whose interests are affected by a decision of the prescribed authority may appeal to the Supreme Court against a decision – (a) to refuse to grant or renew a local practising certificate under section 53 or 74; or (b) to amend, suspend or cancel a local practising certificate under section 65 or 74; or (c) to suspend a local practising certificate under section 68; or (d) to refuse a request to amend a local practising certificate under section 70; or (e) to restrict a person’s entitlement to apply for a local practising certificate for a specified period under section 75 (Restriction on making further applications). (2)  The Supreme Court may make any order that it considers appropriate on the appeal. (3) An appeal must be made within 28 days after the day on which the information notice about the decision was given to the person. (4) The prescribed authority must advise the Board of the outcome of an appeal under this section. 85Appeal against decisions about interstate legal practitioners (1) An interstate legal practitioner may appeal to the Supreme Court against a decision of the prescribed authority to impose a condition on the practitioner’s practice under section 81. (2)  The Supreme Court may make any order that it considers appropriate on the appeal. (3) An appeal must be made within 28 days after the day on which the information notice about the decision was given to the practitioner. (4) The prescribed authority must advise the Board of the outcome of an appeal under this section. Division 11Miscellaneous86Protocols (1)  The prescribed authority may enter into arrangements ("protocols") with regulatory authorities of other jurisdictions about determining – (a) the jurisdiction in which an Australian lawyer engages in legal practice principally or can reasonably expect to engage in legal practice principally; or (b) the circumstances in which an arrangement under which an Australian legal practitioner practises in a jurisdiction – (i) can be regarded as being of a temporary nature; or (ii) ceases to be of a temporary nature; or (c) the circumstances in which an Australian legal practitioner can reasonably expect to engage in legal practice principally in a jurisdiction during the currency of an Australian practising certificate. (2)  For the purposes of this Act, and to the extent that the protocols are relevant, a matter referred to in subsection (1)(a), (b) or (c) is to be determined in accordance with the protocols. (3) The prescribed authority may enter into arrangements that amend, revoke or replace a protocol. (4) A protocol does not have effect in this jurisdiction unless it is adopted in the regulations. 87Consideration and investigation of applicants or holders (1) To help it consider whether or not to grant, renew, amend, suspend or cancel a local practising certificate, the prescribed authority may, by notice to the applicant or holder, require the applicant or holder – (a) to give it specified documents or information; or (b) to co-operate with any inquiries by the prescribed authority that it considers appropriate; or (c) [Section 87 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] to be medically examined by a medical practitioner nominated by the prescribed authority and to provide to the prescribed authority a report of that examination, at the applicant’s or holder’s expense; or (d) to obtain from the Commissioner of Police, at the applicant’s or holder’s expense, a report in relation to the criminal record (if any) of the applicant or holder in this or any other jurisdiction, including the Commonwealth and to provide that report to the prescribed authority. (2)  A failure to comply with a notice under subsection (1) by the date specified in the notice and in the way required by the notice is a ground for making a decision adverse to the applicant or holder in relation to the action being considered by the prescribed authority. (3)  Without limiting subsection (2), a failure to comply with a requirement under subsection (1)(c) or (d) may be accepted by the prescribed authority as evidence of the unfitness of the person to engage in legal practice. (4)  A report of a medical examination of an applicant or holder is not admissible in any proceeding, and a person cannot be compelled to produce the report or to give evidence about the report or its contents in any proceeding. (5)  Subsection (4) does not apply if the report is admitted or produced, or evidence about the report or its contents is given, in a proceeding with the consent of the applicant or holder to whom the report relates. (6)  Subsection (1) does not apply in relation to a proceeding on a review or appeal by the applicant or holder against a decision of the prescribed authority, or of a decision of a corresponding authority in another jurisdiction – (a) refusing to grant or renew a local practising certificate; or (b) imposing conditions on a local practising certificate; or (c) amending, suspending or cancelling a local practising certificate. 88Register of local practising certificates (1) The Board must keep a register of the names of Australian lawyers to whom the prescribed authority grants local practising certificates. (2) The register must – (a) state the conditions (if any) imposed on a local practising certificate in relation to engaging in legal practice; and (b) include other particulars prescribed by the regulations. (3) The register may be kept in the way the Board decides. (4) The Board may publish, in circumstances that it considers appropriate, the names of persons kept on the register and any other information included in the register concerning those persons that it considers appropriate. (5) The register must be available for inspection, without charge, at the Board’s office during normal business hours. (6) The Board is to make the register available to the prescribed authority. 89Holders of local practising certificates as barristers (1) The regulations or legal profession rules may make provision for or with respect to prohibiting the holder of a local practising certificate as a barrister (but not a solicitor and barrister) from any or all of the following: (a) engaging in legal practice – (i) otherwise than as a sole practitioner; or (ii) in partnership with any person; or (iii) as the employee of any person; (b) holding office as a legal practitioner director of an incorporated legal practice. (2) Conditions may be imposed on a local practising certificate granted to a barrister (but not a solicitor and barrister) that the barrister must not – (a) engage in legal practice – (i) otherwise than as a sole practitioner; or (ii) in partnership with any person; or (iii) as the employee of any person; or (b) hold office as a legal practitioner director of an incorporated legal practice. (3) The regulations may provide for the training or qualification requirement that a local legal practitioner must satisfy before becoming a barrister. 90Supreme Court orders about conditions (1) The Board or prescribed authority may apply to the Supreme Court for an order that an Australian lawyer not contravene a condition imposed under this Part. (2)  The Supreme Court may make any order it considers appropriate on the application. 91Government lawyers of other jurisdictions (1) A government lawyer of another jurisdiction is not subject to – (a) any prohibition under this Act about – (i) engaging in legal practice in this jurisdiction; or (ii) making representations about engaging in legal practice in this jurisdiction; or (b) conditions imposed on a local practising certificate – in respect of the performance of his or her official duties or functions as a government lawyer of the other jurisdiction to the extent that he or she is exempt from matters of the same kind under a law of the other jurisdiction. (2) Contributions and levies are not payable to the Guarantee Fund by or in respect of a government lawyer of another jurisdiction in his or her capacity as a government lawyer. (3)  Without affecting the generality of subsection (1), that subsection extends to prohibitions under section 79 relating to professional indemnity insurance. (4)  Without affecting subsections (1), (2) and (3), nothing in this section prevents a government lawyer of another jurisdiction from being granted or holding a local practising certificate. (5)  In this section – another jurisdiction means – (a) another State or a Territory of the Commonwealth; or (b) the Commonwealth; government agency of another jurisdiction means – (a) a government department of that jurisdiction; or (b) a body or organisation that is established by or under the law of that jurisdiction for a public purpose or to perform governmental functions, and includes a body or organisation (or a class of bodies or organisations) prescribed by the regulations as being within this definition; government lawyer means an Australian lawyer, or a person eligible for admission to the legal profession, employed by a government agency of another jurisdiction. 92Fees (1) The prescribed authority may charge fees prescribed in the regulations for the functions or services that it performs or provides under this Part. (2) The fees must be reasonable having regard to the funding that the prescribed authority receives under this Act and the cost to the prescribed authority of performing its functions under this Act. (3)  Despite subsection (1), the prescribed authority may not charge a fee for a service provided to another body that has functions under this Act, except so far as the other body has arranged, on a commercial basis, for the prescribed authority to perform a service that is the responsibility of the other body. (4)  The prescribed authority may waive any fees referred to in subsection (1). 93Refund of fees (1) The regulations may provide for the refund of a portion of a fee paid in respect of a local practising certificate if it is suspended or cancelled during its currency. (2)  Without limiting subsection (1), the regulations may specify – (a) the circumstances in which a refund is to be made; and (b) the amount of the refund or the manner in which the amount of the refund is to be determined. PART 2.4Inter-jurisdictional Provisions Regarding Admission and Practising CertificatesDivision 1Preliminary94PurposeThe purpose of this Part is to provide a nationally consistent scheme for the notification of and response to action taken by courts and other authorities in relation to the admission of persons to the legal profession and their right to engage in legal practice in Australia. 95DefinitionIn this Part – foreign regulatory action taken in relation to a person means – (a) removal of the person’s name from a foreign roll for disciplinary reasons; or (b) suspension or cancellation of, or refusal to renew, the person’s right to engage in legal practice in a foreign country. 96Other requirements not affectedThis Part does not affect any functions or powers under Chapter 4 (Complaints and discipline). Division 2Notifications to be given by local authorities to interstate authorities97Official notification to other jurisdictions of applications for admission and associated matters (1) This section applies if an application for admission to the legal profession is made under this Act. (2) The Supreme Court may give the corresponding authority for another jurisdiction written notice of any of the following (as relevant): (a) the making of the application; (b) the withdrawal of the application after an inquiry is proposed or commenced in relation to the application or a suitability report is sought or obtained; (c) the refusal to admit the applicant to the legal profession under this Act. (3)  The notice must state the applicant’s name and address as last known to the Supreme Court and may contain other relevant information. 98Official notification to other jurisdictions of removal from local roll (1) This section applies if a person’s name is removed from the local roll, except where the removal occurs under section 104 (Peremptory removal of local lawyer’s name from local roll following removal in another jurisdiction). (2) The Registrar must, as soon as practicable, give written notice of the removal to – (a) the corresponding authority of every other jurisdiction; and (b) the registrar or other proper officer of the High Court of Australia. (3)  The notice must state – (a) the person’s name and address as last known to the Registrar; and (b) the date the person’s name was removed from the roll; and (c) the reason for removing the person’s name – and may contain other relevant information. 99Prescribed authority to notify other jurisdictions of certain matters (1)  This section applies if – (a) the prescribed authority takes any of the following actions: (i) refuses to grant an Australian lawyer a local practising certificate; (ii) suspends, cancels or refuses to renew an Australian lawyer’s local practising certificate; or (b) the lawyer successfully appeals against the action taken. (2)  The prescribed authority must, as soon as practicable, give the corresponding authorities of other jurisdictions written notice of the action taken or the result of the appeal. (3)  The notice must state – (a) the lawyer’s name and address as last known to the authority; and (b) particulars of – (i) the action taken and the reasons for it; or (ii) the result of the appeal – and may contain other relevant information. (4) The prescribed authority may give corresponding authorities written notice of a condition imposed on an Australian lawyer’s local practising certificate. (5) The prescribed authority must advise the Board of any action taken under this section. Division 3Notifications to be given by lawyers to local authorities100Lawyer to give notice of removal in another jurisdiction (1) If a local lawyer’s name has been removed from an interstate roll, the lawyer must, as soon as practicable, give the Supreme Court, the Board and the prescribed authority a written notice of the removal.Penalty: Fine not exceeding 50 penalty units. (2) If a local legal practitioner’s name has been removed from an interstate roll, the practitioner must, as soon as practicable, give the Supreme Court, the Board and the prescribed authority a written notice of the removal.Penalty: Fine not exceeding 50 penalty units. (3) This section does not apply where the name has been removed from an interstate roll under a provision that corresponds to section 104 (Peremptory removal of local lawyer’s name from local roll following removal in another jurisdiction). 101Lawyer to give notice of interstate orders (1) If an order is made under a corresponding law recommending that the name of a local lawyer be removed from the local roll, the lawyer must, as soon as practicable, give the Supreme Court, prescribed authority and Board written notice of the order.Penalty: Fine not exceeding 50 penalty units. (2) If an order is made under a corresponding law in relation to a local legal practitioner that – (a) the practitioner’s local practising certificate be suspended or cancelled; or (b) a local practising certificate not be granted to the practitioner for a period; or (c) conditions be imposed on the practitioner’s local practising certificate – the practitioner must, as soon as practicable, give the prescribed authority and Board written notice of the order.Penalty:  Fine not exceeding 50 penalty units. 102Lawyer to give notice of foreign regulatory action (1) If foreign regulatory action has been taken in relation to a local lawyer, the lawyer must, as soon as practicable, give the Supreme Court, Board and prescribed authority written notice of the action taken.Penalty: Fine not exceeding 50 penalty units. (2) If foreign regulatory action has been taken in relation to a local legal practitioner, the practitioner must, as soon as practicable, give the Board and prescribed authority written notice of the action taken.Penalty: Fine not exceeding 50 penalty units. 103Provisions relating to requirement to notifyA notice to be given under this Division by a person must – (a) state his or her name and address; and (b) disclose full details of the action to which the notice relates, including the date on which that action was taken; and (c) be accompanied by a copy of any official notification provided to him or her in connection with that action. Division 4Taking of action by local authorities in response to notifications received104Peremptory removal of local lawyer's name from local roll following removal in another jurisdiction (1) This section applies if the Registrar is satisfied that – (a) a local lawyer’s name has been removed from an interstate roll; and (b) no order referred to in section 108(1)(a) (Order for non-removal of name or non-cancellation of local practising certificate) is, at the time of that removal, in force in relation to it. (2) The Registrar must remove the lawyer’s name from the local roll. (3) The Registrar may, but need not, give the lawyer notice of the date on which the Registrar proposes to remove the name from the local roll. (4) The Registrar must, as soon as practicable, give the former local lawyer notice of the removal of the name from the local roll, unless notice of the date of the proposed removal was previously given. (5) The name of the former local lawyer is, on his or her application to the Registrar or on the Registrar’s own initiative, to be restored to the local roll if the name is restored to the interstate roll. (6) Nothing in this section prevents the former local lawyer from afterwards applying for admission under Part 2.2 (Admission of local lawyers). 105Peremptory cancellation of local practising certificate following removal of name from interstate roll (1)  This section applies if – (a) a person’s name is removed from an interstate roll but he or she remains an Australian lawyer; and (b) he or she is the holder of a local practising certificate; and (c) no order referred to in section 108(1)(b) (Order for non-removal of name or non-cancellation of local practising certificate) is, at the time of that removal, in force in relation to it. (2) The prescribed authority must cancel the local practising certificate as soon as practicable after receiving official written notification of the removal. (3) The prescribed authority may, but need not, give the person notice of the date on which the prescribed authority proposes to cancel the local practising certificate. (4)  The prescribed authority must, as soon as practicable, give the person notice of the cancellation, unless notice of the date of the proposed cancellation was previously given. (5) Nothing in this section prevents the former local lawyer from afterwards applying for a local practising certificate. (6) The prescribed authority must advise the Board of any action taken under this section. 106Show cause procedure for removal of lawyer's name from local roll following foreign regulatory action (1)  This section applies if the prescribed authority is satisfied that – (a) foreign regulatory action has been taken in relation to a local lawyer; and (b) no order referred to in section 108(1)(a) (Order for non-removal of name or non-cancellation of local practising certificate) is in force in relation to the action taken. (2) The prescribed authority may serve on the lawyer a notice stating that the prescribed authority will apply to the Supreme Court for an order that the lawyer’s name be removed from the local roll unless the lawyer shows cause to the prescribed authority why his or her name should not be removed. (3) If the lawyer does not satisfy the prescribed authority that his or her name should not be removed from the local roll, the prescribed authority may apply to the Supreme Court for an order that his or her name be removed from the local roll. (4)  Before applying for an order that the lawyer’s name be removed, the prescribed authority must afford the lawyer a reasonable opportunity to show cause why his or her name should not be removed. (5)  The lawyer is entitled to appear before and be heard by the Supreme Court at a hearing in respect of an application under this section. (6) The Supreme Court may, on application made under this section, order that the lawyer’s name be removed from the local roll, or may refuse to do so. (7) The prescribed authority must advise the Board of the Supreme Court’s decision to remove a lawyer’s name from the local roll under this section. 107Show cause procedure for cancellation of local practising certificate following foreign regulatory action (1)  This section applies if the prescribed authority is satisfied that – (a) foreign regulatory action has been taken in relation to a local legal practitioner; and (b) no order referred to in section 108(1)(b) (Order for non-removal of name or non-cancellation of local practising certificate) is in force in relation to the action taken. (2) The prescribed authority may serve on the practitioner a notice stating that the prescribed authority proposes to cancel his or her local practising certificate unless the practitioner shows cause to the prescribed authority why his or her practising certificate should not be cancelled. (3) The prescribed authority must afford the practitioner a reasonable opportunity to show cause why his or her local practising certificate should not be cancelled. (4) If the practitioner does not satisfy the prescribed authority that the local practising certificate should not be cancelled, the prescribed authority may cancel the certificate. (5) The prescribed authority must, as soon as practicable, give the practitioner an information notice about its decision to cancel the local practising certificate. (6) The practitioner may appeal to the Supreme Court against a decision of the prescribed authority to cancel the local practising certificate. (7)  The Supreme Court may make any order it considers appropriate on the appeal. (8) The prescribed authority must advise the Board of the cancellation of a local practising certificate under this section. 108Order for non-removal of name or non-cancellation of local practising certificate (1) If an Australian lawyer reasonably expects that his or her name will be removed from an interstate roll or that foreign regulatory action will be taken against the lawyer, the lawyer may apply to the Supreme Court for – (a) an order that his or her name not be removed from the local roll under section 104 (Peremptory removal of local lawyer’s name from local roll following removal in another jurisdiction); or (b) an order that his or her local practising certificate not be cancelled under section 105 (Peremptory cancellation of local practising certificate following removal of name from interstate roll) or section 107 (Show cause procedure for cancellation of local practising certificate following foreign regulatory action) – or both. (2)  The Supreme Court may make the order or orders applied for if satisfied that – (a) the lawyer’s name is likely to be removed from the interstate roll or the foreign regulatory action is likely to be taken; and (b) the reason for the removal of the name or the taking of the foreign regulatory action will not involve disciplinary action or the possibility of disciplinary action – or may refuse to make an order. (3) An order under this section may be made subject to any conditions the Supreme Court considers appropriate and remains in force for the period specified in it. (4)  The Supreme Court may revoke an order made under this section, and sections 104, 105, 106 and 107 (as relevant) then apply as if the lawyer’s name were removed from the interstate roll or the foreign regulatory action were taken when the revocation takes effect. (5)  Nothing in this section affects action being taken in relation to the lawyer under other provisions of this Act. 109Local authority may give information to other local authoritiesA regulatory authority of this jurisdiction that receives information from a regulatory authority of another jurisdiction under provisions of a corresponding law that correspond to this Part may furnish the information to other authorities of this jurisdiction that have functions or powers under this Act. PART 2.5Incorporated Legal Practices and Multi-disciplinary PartnershipsDivision 1Preliminary110PurposesThe purposes of this Part are – (a) to regulate the provision of legal services by corporations in this jurisdiction; and (b) to regulate the provision of legal services in this jurisdiction in conjunction with the provision of other services (whether by a corporation or persons acting in partnership with each other). 111DefinitionsIn this Part – corporation means – (a) a company within the meaning of the Corporations Act 2001 of the Commonwealth; or (b) any other body corporate, or body corporate of a kind, prescribed by the regulations; director means – (a) in relation to a company within the meaning of the Corporations Act 2001 of the Commonwealth, a director as defined in section 9 of that Act; or (b) in relation to any other body corporate, or body corporate of a kind, prescribed by the regulations, a person specified or described in the regulations; legal practitioner director means a director of an incorporated legal practice who is an Australian legal practitioner holding an unrestricted practising certificate; legal practitioner partner means a partner of a multi-disciplinary partnership who is an Australian legal practitioner holding an unrestricted practising certificate; officer means – (a) in relation to a company within the meaning of the Corporations Act 2001 of the Commonwealth, an officer as defined in section 9 of that Act; or (b) in relation to any other body corporate, or body corporate of a kind prescribed by the regulations, a person specified or described in the regulations; professional obligations of an Australian legal practitioner includes – (a) duties to the Supreme Court; and (b) obligations in connection with conflicts of interest; and (c) duties to clients, including disclosure; and (d) ethical rules required to be observed by the practitioner; related body corporate means – (a) in relation to a company within the meaning of the Corporations Act 2001 of the Commonwealth, a related body corporate within the meaning of section 50 of that Act; or (b) in relation to any other body corporate, or body corporate of a kind, prescribed by the regulations, a person specified or described in the regulations. Division 2Incorporated legal practices112Nature of incorporated legal practice (1) An incorporated legal practice is a corporation that engages in legal practice in this jurisdiction, whether or not it also provides services that are not legal services. (2) However, a corporation is not an incorporated legal practice if – (a) the corporation does not receive any form of, or have any expectation of, a fee, gain or reward for the legal services it provides; or (b) the only legal services that the corporation provides are any or all of the following services: (i) in-house legal services, namely, legal services provided to the corporation concerning a proceeding, or transaction to which the corporation (or a related body corporate) is a party; (ii) services that are not legally required to be provided by an Australian legal practitioner and that are provided by an officer or employee who is not an Australian legal practitioner; or (c) the corporation is a complying community legal centre; or (d) this Part or the regulations so provide. (3) The regulations may make provision for or with respect to the application (with or without specified modifications) of provisions of this Act to corporations that are not incorporated legal practices because of the operation of subsection (2). (4) Nothing in this Part affects or applies to the provision by an incorporated legal practice of legal services in one or more other jurisdictions. 113Non-legal services and businesses of incorporated legal practices (1) An incorporated legal practice may provide any service and conduct any business that the corporation may lawfully provide or conduct, except as provided by this section. (2) An incorporated legal practice (or a related body corporate) must not conduct a managed investment scheme. (3) The regulations may prohibit an incorporated legal practice (or a related body corporate) from providing a service or conducting a business of a kind specified by the regulations. 114Corporations eligible to be incorporated legal practices (1) Any corporation is, subject to this Part, eligible to be an incorporated legal practice. (2) This section does not authorise a corporation to provide legal services if the corporation is prohibited from doing so by any Act or law (whether of this jurisdiction, the Commonwealth or any other jurisdiction) under which it is incorporated or its affairs are regulated. (3) An incorporated legal practice is not itself required to hold an Australian practising certificate. 115Notice of intention to start providing legal services (1) Before a corporation starts to engage in legal practice in this jurisdiction, the corporation must give the prescribed authority written notice, in the approved form, of its intention to do so. (2) A corporation must not engage in legal practice in this jurisdiction if it is in default of this section.Penalty: Fine not exceeding 500 penalty units. (3) A corporation that starts to engage in legal practice in this jurisdiction without giving a notice under subsection (1) is in default of this section until it gives the prescribed authority written notice, in the approved form, of the failure to comply with that subsection and the fact that it has started to engage in legal practice. (4)  The giving of a notice under subsection (3) does not affect a corporation’s liability under subsection (1) or (2). (5)  A corporation is not entitled to recover any amount for anything the corporation did in contravention of subsection (2). (6)  A person may recover from a corporation, as a debt due to the person, any amount the person paid to or at the direction of the corporation for anything the corporation did in contravention of subsection (2). (7)  This section does not apply to a corporation referred to in section 112(2)(a) or (b). 116Prohibition on representations that corporation is incorporated legal practice (1) A corporation must not, without reasonable excuse, represent or advertise that the corporation is an incorporated legal practice unless a notice in relation to the corporation has been given under section 115 .Penalty:  Fine not exceeding 500 penalty units. (2) A director, officer, employee or agent of a corporation must not, without reasonable excuse, represent or advertise that the corporation is an incorporated legal practice unless a notice in relation to the corporation has been given under section 115 .Penalty:  Fine not exceeding 100 penalty units. (3)  A reference in this section to a person, being – (a) a corporation, representing or advertising that the corporation is an incorporated legal practice; or (b) a director, officer, employee or agent of a corporation, representing or advertising that the corporation is an incorporated legal practice – includes a reference to the person doing anything that states or implies that the corporation is entitled to engage in legal practice. 117Notice of termination of provision of legal services (1) A corporation must, within the prescribed period after it ceases to engage in legal practice in this jurisdiction as an incorporated legal practice, give the prescribed authority a written notice, in the approved form, of that fact.Penalty: Fine not exceeding 50 penalty units. (2) The regulations may make provision for or with respect to determining whether and when a corporation ceases to engage in legal practice in this jurisdiction. 118Incorporated legal practice must have legal practitioner director (1) An incorporated legal practice is required to have at least one legal practitioner director. (2) Each legal practitioner director of an incorporated legal practice is, for the purposes of this Act only, responsible for the management of the legal services provided in this jurisdiction by the incorporated legal practice. (3) Each legal practitioner director of an incorporated legal practice must ensure that appropriate management systems are implemented and maintained to enable the provision of legal services by the incorporated legal practice – (a) in accordance with the professional obligations of Australian legal practitioners and other obligations imposed by or under this Act, the regulations or the legal profession rules; and (b) so that those obligations of Australian legal practitioners who are officers or employees of the practice are not affected by other officers or employees of the practice. (4) If it ought reasonably to be apparent to a legal practitioner director of an incorporated legal practice that the provision of legal services by the practice will result in breaches of the professional obligations of Australian legal practitioners or other obligations imposed by or under this Act, the regulations or the legal profession rules, the director must take all reasonable action available to the director to ensure that – (a) the breaches do not occur; and (b) appropriate remedial action is taken in respect of breaches that do occur. (5) Nothing in this Part derogates from the obligations or liabilities of a director of an incorporated legal practice under any other law. (6)  The reference in subsection (1) to a legal practitioner director does not include a reference to a person who is not validly appointed as a director, but this subsection does not affect the meaning of the expression "legal practitioner director" in other provisions of this Act. 119Obligations of legal practitioner director relating to misconduct (1) Each of the following is capable of constituting unsatisfactory professional conduct or professional misconduct by a legal practitioner director: (a) unsatisfactory professional conduct or professional misconduct of an Australian legal practitioner employed by the incorporated legal practice; (b) conduct of any other director (not being an Australian legal practitioner) of the incorporated legal practice that adversely affects the provision of legal services by the practice; (c) the unsuitability of any other director (not being an Australian legal practitioner) of the incorporated legal practice to be a director of a corporation that provides legal services. (2) A legal practitioner director is not guilty of unsatisfactory professional conduct or professional misconduct under subsection (1) if the director establishes that he or she took all reasonable steps to ensure that – (a) Australian legal practitioners employed by the incorporated legal practice did not engage in conduct or misconduct referred to in subsection (1)(a); or (b) directors (not being Australian legal practitioners) of the incorporated legal practice did not engage in conduct referred to in subsection (1)(b); or (c) unsuitable directors (not being Australian legal practitioners) of the incorporated legal practice were not appointed or holding office as referred to in subsection (1)(c)  – as the case requires. (3) A legal practitioner director of an incorporated legal practice must ensure that all reasonable action available to the legal practitioner director is taken to deal with any unsatisfactory professional conduct or professional misconduct of an Australian legal practitioner employed by the practice. 120Incorporated legal practice without legal practitioner director (1) An incorporated legal practice contravenes this subsection if it does not have any legal practitioner directors for a period exceeding 7 days.Penalty: Fine not exceeding 500 penalty units. (2) If an incorporated legal practice ceases to have any legal practitioner directors, the incorporated legal practice must notify the prescribed authority as soon as possible.Penalty: Fine not exceeding 500 penalty units. (3) An incorporated legal practice must not provide legal services in this jurisdiction during any period it is in default of director requirements under this section.Penalty: Fine not exceeding 100 penalty units. (4) An incorporated legal practice that contravenes subsection (1) is taken to be in default of director requirements under this section for the period from the end of the period of 7 days until – (a) it has at least one legal practitioner director; or (b) a person is appointed under this section or a corresponding law in relation to the practice. (5) The prescribed authority may, if it thinks it appropriate, appoint an Australian legal practitioner who is an employee of the incorporated legal practice or another person nominated by the prescribed authority, in the absence of a legal practitioner director, to perform or exercise functions or powers imposed or conferred on a legal practitioner director under this Part. (6) An Australian legal practitioner is not eligible to be appointed under this section unless the practitioner holds an unrestricted practising certificate. (7) The appointment under this section of a person to perform or exercise functions or powers of a legal practitioner director does not, for any other purpose, impose or confer on the person any of the other functions or powers of a director of the incorporated legal practice. (8) An incorporated legal practice does not contravene subsection (1) during any period during which a person holds an appointment under this section in relation to the practice. (9) A reference in this section to a legal practitioner director does not include a reference to a person who is not validly appointed as a director, but this subsection does not affect the meaning of the expression "legal practitioner director" in other provisions of this Act. 121Obligations and privileges of practitioners who are officers or employees (1) An Australian legal practitioner who provides legal services on behalf of an incorporated legal practice in the capacity of an officer or employee of the practice – (a) is not excused from compliance with professional obligations as an Australian legal practitioner, or any obligations as an Australian legal practitioner under any law; and (b) does not lose the professional privileges of an Australian legal practitioner. (2)  For the purposes only of subsection (1), the professional obligations and professional privileges of a practitioner apply as if – (a) where there are 2 or more legal practitioner directors of an incorporated legal practice, the practice were a partnership of the legal practitioner directors and the employees of the practice were employees of the legal practitioner directors; or (b) where there is only one legal practitioner director of an incorporated legal practice, the practice were a sole practitioner and the employees of the practice were employees of the legal practitioner director. (3) The law relating to client legal privilege (or other legal professional privilege) is not excluded or otherwise affected because an Australian legal practitioner is acting in the capacity of an officer or employee of an incorporated legal practice. (4) The directors of an incorporated legal practice do not breach their duties as directors merely because legal services are provided pro bono by an Australian legal practitioner employed by the practice. 122Conflicts of interest (1) For the purposes of the application of any law (including the common law) or legal profession rules relating to conflicts of interest to the conduct of an Australian legal practitioner who is – (a) a legal practitioner director of an incorporated legal practice; or (b) an officer or employee of an incorporated legal practice – the interests of the incorporated legal practice or any related body corporate are also taken to be those of the practitioner (in addition to any interests that the practitioner has apart from this subsection). (2) Legal profession rules may be made for or with respect to additional duties and obligations in connection with conflicts of interest arising out of the conduct of an incorporated legal practice.

Note. Under section 121 (Obligations and privileges of practitioners who are officers or employees), an Australian legal practitioner who is an officer or employee of an incorporated legal practice must comply with the same professional obligations as other practitioners.

123Disclosure obligations (1) This section applies if a person engages an incorporated legal practice to provide services that the person might reasonably assume to be legal services, but does not apply where the practice provides only legal services in this jurisdiction. (2) Each legal practitioner director of the incorporated legal practice, and any employee who is an Australian legal practitioner and who provides the services on behalf of the practice, must ensure that a disclosure, complying with the requirements of this section and the regulations made for the purposes of this section, is made to the person in connection with the provision of the services.Penalty: Fine not exceeding 50 penalty units. (3)  The disclosure must be made by giving the person a notice in writing – (a) setting out the services to be provided; and (b) stating whether or not all the legal services to be provided will be provided by an Australian legal practitioner; and (c) if some or all of the legal services to be provided will not be provided by an Australian legal practitioner, identifying those services and indicating the status or qualifications of the person or persons who will provide the services; and

Note. For example, the person might be a licensed conveyancer. However, this paragraph would not apply in a case where a law applying in the jurisdiction prohibits a particular legal service from being provided by a person who is not an Australian legal practitioner.

(d) stating that this Act applies to the provision of legal services but not to the provision of the non-legal services. (4)  The regulations may make provision for or with respect to the following matters: (a) the manner in which a disclosure is to be made; (b) additional matters required to be disclosed in connection with the provision of legal services or non-legal services by an incorporated legal practice. (5)  Without limiting subsection (4), the additional matters may include the kind of services provided by the incorporated legal practice and whether those services are or are not covered by the insurance or other provisions of this Act. (6) A disclosure under this section to a person about the provision of legal services may relate to the provision of legal services on one occasion or on more than one occasion or on an on-going basis. 124Effect of non-disclosure of provision of certain services (1)  This section applies if – (a) section 123 applies in relation to a service that is provided to a person who has engaged an incorporated legal practice to provide the service and that the person might reasonably assume to be a legal service; and (b) a disclosure has not been made under that section in relation to the service. (2) The standard of care owed by the incorporated legal practice in respect of the service is the standard that would be applicable if the service had been provided by an Australian legal practitioner. 125Application of legal profession rulesLegal profession rules, so far as they apply to Australian legal practitioners, also apply to Australian legal practitioners who are officers or employees of an incorporated legal practice, unless the rules otherwise provide. 126Requirements relating to advertising (1) Any restriction imposed by or under this or any other Act, the regulations or the legal profession rules in connection with advertising by Australian legal practitioners applies to advertising by an incorporated legal practice with respect to the provision of legal services. (2)  If a restriction referred to in subsection (1) is limited to a particular branch of the legal profession or to persons who practise in a particular style of legal practice, the restriction applies only to the extent that the incorporated legal practice carries on the business in that branch of the legal profession or in that style of legal practice. (3) Any advertisement of the kind referred to in this section is, for the purposes of disciplinary proceedings taken against an Australian legal practitioner, taken to have been authorised by each legal practitioner director of the incorporated legal practice. (4)  This section does not apply if the provision by which the restriction is imposed expressly excludes its application to incorporated legal practices. 127Extension of vicarious liability relating to failure to account, pay or deliver and dishonesty to incorporated legal practices (1) This section applies to any of the following proceedings (being proceedings based on the vicarious liability of an incorporated legal practice): (a) civil proceedings relating to a failure to account for, pay or deliver money or property received by, or entrusted to, the practice (or to any officer or employee of the practice) in the course of the provision of legal services by the practice, being money or property under the direct or indirect control of the practice; (b) civil proceedings for any other debt owed, or damages payable, to a client as a result of a dishonest act or omission by an Australian legal practitioner who is an employee of the practice in connection with the provision of legal services to the client. (2) If the incorporated legal practice would not (but for this section) be vicariously liable for any acts or omissions of its officers and employees in those proceedings, but would be liable for those acts or omissions if the practice and those officers and employees were carrying on business in partnership, the practice is taken to be vicariously liable for those acts or omissions. 128Sharing of receipts, revenue or other income (1) Nothing in this Act, the regulations or the legal profession rules prevents an Australian legal practitioner from sharing with an incorporated legal practice receipts, revenue or other income arising from the provision of legal services by the practitioner. (2)  This section does not extend to the sharing of receipts, revenue or other income in contravention of section 129, and has effect subject to section 89 (Holders of local practising certificates as barristers). 129Disqualified persons (1) An incorporated legal practice is guilty of an offence if a person who is a disqualified person – (a) is an officer or employee of the incorporated legal practice (whether or not the person provides legal services) or is an officer or employee of a related body corporate; or (b) is a partner of the incorporated legal practice in a business that includes the provision of legal services; or (c) shares the receipts, revenue or other income arising from the provision of legal services by the incorporated legal practice; or (d) is engaged or paid in connection with the provision of legal services by the incorporated legal practice. Penalty:  Fine not exceeding 100 penalty units. (2) The failure of a legal practitioner director of an incorporated legal practice to ensure that the practice complies with subsection (1) is capable of constituting unsatisfactory professional conduct or professional misconduct. 130Audit of incorporated legal practices (1)  The prescribed authority may conduct an audit of – (a) the compliance of an incorporated legal practice (and of its officers and employees) with the requirements of – (i) this Part; or (ii) the regulations or the legal profession rules, so far as they relate specifically to incorporated legal practices; and (b) the management of the provision of legal services by the incorporated legal practice (including the supervision of officers and employees providing the services).

Note. Section 118(3) (Incorporated legal practice must have legal practitioner director) requires legal practitioner directors to ensure that appropriate management systems are implemented and maintained.

(2)  The prescribed authority may appoint, in writing, a suitably qualified person to conduct the audit. (3) The appointment may be made generally or in relation to a particular incorporated legal practice, or in relation to a particular audit. (4) An audit may be conducted whether or not a complaint has been made against an Australian lawyer with respect to the provision of legal services by the incorporated legal practice. (5)  A report of an audit – (a) is to be provided to the incorporated legal practice concerned; and (b) may be provided by the prescribed authority or to the prescribed authority (as the case may be); and (c) may be provided by the prescribed authority to a corresponding authority; and (d) may be provided by the prescribed authority to the Board; and (e) may be taken into account in connection with any disciplinary proceedings taken against legal practitioner directors or other persons or in connection with the grant, amendment, suspension or cancellation of Australian practising certificates. 131Application of Chapter 6 Chapter 6 (Investigatory Powers) applies to an audit under this Division. 132Banning of incorporated legal practices (1) The Supreme Court may, on the application of the prescribed authority, make an order disqualifying a corporation from providing legal services in this jurisdiction for the period the Court considers appropriate if satisfied that – (a) a ground for disqualifying the corporation under this section has been established; and (b) the disqualification is justified. (2)  An order under this section may, if the Supreme Court thinks it appropriate, be made – (a) subject to conditions as to the conduct of the incorporated legal practice; or (b) subject to conditions as to when or in what circumstances the order is to take effect; or (c) together with orders to safeguard the interests of clients or employees of the incorporated legal practice. (3) Action may be taken against an incorporated legal practice on any of the following grounds: (a) that a legal practitioner director or an Australian legal practitioner who is a officer or employee of the corporation is found guilty of professional misconduct under a law of this jurisdiction or another jurisdiction; (b) that the prescribed authority is satisfied, after conducting an audit of the incorporated legal practice, that the incorporated legal practice has failed to implement satisfactory management and supervision of its provision of legal services; (c) that the incorporated legal practice (or a related body corporate) has contravened section 113 (Non-legal services and businesses of incorporated legal practices) or the regulations made under that section; (d) that the incorporated legal practice has contravened section 129 (Disqualified persons); (e) that a person who is an officer of the incorporated legal practice and who is the subject of an order under – (i) section 133 or under provisions of a corresponding law that correspond to that section; or (ii) section 158 (Prohibition on partnerships with certain partners who are not Australian legal practitioners) or under provisions of a corresponding law that correspond to that section – is acting in the management of the incorporated legal practice. (4) If a corporation is disqualified under this section, the prescribed authority must, as soon as practicable, notify the corresponding authority of every other jurisdiction. (5) If a corporation is disqualified from providing legal services in another jurisdiction under a corresponding law, the prescribed authority may determine that the corporation is taken to be disqualified from providing legal services in this jurisdiction for the same period, but nothing in this subsection prevents the prescribed authority from instead applying for an order under this section. (6) A corporation that provides legal services in contravention of a disqualification under this section is guilty of an offence.Penalty: Fine not exceeding 500 penalty units. (7) A corporation that is disqualified under this section ceases to be an incorporated legal practice. (8) Conduct of an Australian legal practitioner who provides legal services on behalf of a corporation in the capacity of an officer or employee of the corporation is capable of constituting unsatisfactory professional conduct or professional misconduct where the practitioner ought reasonably to have known that the corporation is disqualified under this section. (9)  The regulations may make provision for or with respect to the publication and notification of orders made under this section, including notification of appropriate authorities of other jurisdictions. 133Disqualification from managing incorporated legal practice (1) The Supreme Court may, on the application of the prescribed authority, make an order disqualifying a person from managing a corporation that is an incorporated legal practice for the period the Court considers appropriate if satisfied that – (a) the person is a person who could be disqualified under section 206C, 206D, 206E or 206F of the Corporations Act 2001 of the Commonwealth from managing corporations; and (b) the disqualification is justified. (2)  The Supreme Court may, on the application of a person subject to a disqualification order under this section, revoke the order. (3)  A disqualification order made under this section has effect for the purposes only of this Act and does not affect the application or operation of the Corporations Act 2001 of the Commonwealth. (4)  The regulations may make provision for or with respect to the publication and notification of orders made under this section. (5) A person who is disqualified from managing a corporation under provisions of a corresponding law that correspond to this section is taken to be disqualified from managing a corporation under this section. 134Disclosure of information to Australian Securities and Investments Commission (1) This section applies if the prescribed authority, in connection with performing functions or exercising powers under this Act, acquired information concerning a corporation that is or was an incorporated legal practice. (2) The prescribed authority may disclose to the Australian Securities and Investments Commission information concerning the corporation that is relevant to the Commission’s functions. (3)  Information may be provided under subsection (2) despite any law relating to secrecy or confidentiality, including any provisions of this Act. 135External administration proceedings under Corporations Act 2001 of the Commonwealth (1)  This section applies to proceedings in any court under Chapter 5 (External administration) of the Corporations Act 2001 of the Commonwealth – (a) relating to a corporation that is an externally-administered body corporate under that Act; or (b) relating to a corporation becoming an externally-administered body corporate under that Act – being a corporation that is or was an incorporated legal practice. (2) The prescribed authority and Board are entitled to intervene in the proceedings, unless the court determines that the proceedings do not concern or affect the provision of legal services by the incorporated legal practice. (3) The court may, when exercising its jurisdiction in the proceedings, have regard to the interests of the clients of the incorporated legal practice who have been or are to be provided with legal services by the practice. (4)  Subsection (3) does not authorise the court to make any decision that is contrary to a specific provision of the Corporations Act 2001 of the Commonwealth. (5)  The provisions of subsections (2) and (3) are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act 2001 of the Commonwealth in relation to the provisions of Chapter 5 of that Act.

Note. Section 5G of the Corporations Act 2001 of the Commonwealth provides that, if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.

136External administration proceedings under other legislation (1) This section applies to proceedings for the external administration (however expressed) of an incorporated legal practice, but does not apply to proceedings to which section 135 applies. (2) The prescribed authority and Board are entitled to intervene in the proceedings, unless the court determines that the proceedings do not concern or affect the provision of legal services by the incorporated legal practice. (3) The court may, when exercising its jurisdiction in the proceedings, have regard to the interests of the clients of the incorporated legal practice who have been or are to be provided with legal services by the practice. (4)  Subsection (3) does not authorise the court to make any decision that is contrary to a specific provision of any legislation applicable to the incorporated legal practice. 137Incorporated legal practice that is subject to receivership under this Act and external administration under Corporations Act 2001 of the Commonwealth (1) This section applies if an incorporated legal practice is the subject of both – (a) the appointment of a Chapter 5 receiver; and (b) the appointment of a Corporations Act administrator. (2) The Chapter 5 receiver is under a duty to notify the Corporations Act administrator of the appointment of the Chapter 5 receiver, whether the appointment precedes, follows or is contemporaneous with the appointment of the Corporations Act administrator. (3) The Chapter 5 receiver or the Corporations Act administrator (or both of them jointly) may apply to the Supreme Court for the resolution of issues arising from or in connection with the dual appointments and their respective powers, except where proceedings referred to in section 135 (External administration proceedings under Corporations Act 2001 of the Commonwealth) have been commenced. (4) The Supreme Court may make any orders it considers appropriate, and no liability attaches to the Chapter 5 receiver or the Corporations Act administrator for any act or omission done by the receiver or administrator in good faith for the purpose of carrying out or acting in accordance with the orders. (5) The Board is entitled to intervene in the proceedings, unless the Supreme Court determines that the proceedings do not concern or affect the provision of legal services by the incorporated legal practice. (6)  The provisions of subsections (3) and (4) are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act 2001 of the Commonwealth in relation to the provisions of Chapter 5 of that Act. (7)  In this section – Chapter 5 receiver means a receiver appointed under Part 5.5 of this Act; Corporations Act administrator means – (a) a receiver, receiver and manager, liquidator (including a provisional liquidator), controller, administrator or deed administrator appointed under the Corporations Act 2001 of the Commonwealth; or (b) a person who is appointed to exercise powers under that Act and who is prescribed, or is of a class prescribed, by the regulations for the purposes of this definition. 138Incorporated legal practice that is subject to receivership under this Act and external administration under other legislation (1) This section applies if an incorporated legal practice is the subject of both – (a) the appointment of a Chapter 5 receiver; and (b) the appointment of an external administrator. (2)  The Chapter 5 receiver is under a duty to notify the external administrator of the appointment of the Chapter 5 receiver, whether the appointment precedes, follows or is contemporaneous with the appointment of the external administrator. (3)  The Chapter 5 receiver or the external administrator (or both of them jointly) may apply to the Supreme Court for the resolution of issues arising from or in connection with the dual appointments and their respective powers. (4)  The Supreme Court may make any orders it considers appropriate, and no liability attaches to the Chapter 5 receiver or the external administrator for any act or omission done by the receiver or administrator in good faith for the purpose of carrying out, or acting in accordance with, the orders. (5) The prescribed authority and Board are entitled to intervene in the proceedings, unless the Supreme Court determines that the proceedings do not concern or affect the provision of legal services by the incorporated legal practice. (6)  In this section – Chapter 5 receiver means a receiver appointed under Part 5.5 of this Act; external administrator means a person who is appointed to exercise powers under other legislation (whether or not of this jurisdiction) and who is prescribed, or is of a class prescribed, by the regulations for the purposes of this definition. 139Co-operation between courtsCourts of this jurisdiction may make arrangements for communicating and co-operating with other courts or tribunals in connection with the exercise of powers under this Part. 140Relationship of Act to constitution of incorporated legal practiceThe provisions of this Act or the regulations that apply to an incorporated legal practice prevail, to the extent of any inconsistency, over the constitution or other constituent documents of the practice. 141Relationship of Act to legislation establishing incorporated legal practice (1) This section applies to a corporation that is established by or under a law (whether or not of this jurisdiction) and is an incorporated legal practice, but is not a company within the meaning of the Corporations Act 2001 of the Commonwealth. (2) The provisions of this Act or the regulations that apply to an incorporated legal practice prevail, to the extent of any inconsistency, over provisions of the legislation by or under which the corporation is established or regulated that are specified or described in the regulations. 142Relationship of Act to Corporations legislation (1) The regulations may declare any provision of this Act or the regulations that relates to an incorporated legal practice to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act 2001 of the Commonwealth. (2) The regulations may declare any matter relating to an incorporated legal practice that is prohibited, required, authorised or permitted by or under this Act or the regulations to be an excluded matter for the purposes of section 5F of the Corporations Act 2001 of the Commonwealth in relation to – (a) the whole of the Corporations legislation; or (b) a specified provision of the Corporations legislation; or (c) the Corporations legislation other than a specified provision; or (d) the Corporations legislation otherwise than to a specified extent. (3)  In this section – matter includes act, omission, body, person or thing. 143Undue influenceA person (whether or not an officer or an employee of an incorporated legal practice) must not cause or induce or attempt to cause or induce – (a) a legal practitioner director; or (b) another Australian legal practitioner who provides legal services on behalf of an incorporated legal practice – to contravene this Act, the regulations, the legal profession rules or his or her professional obligations as an Australian legal practitioner.Penalty:  Fine not exceeding 100 penalty units. Division 3Multi-disciplinary partnerships144Nature of multi-disciplinary partnership (1) A multi-disciplinary partnership is a partnership between one or more Australian legal practitioners and one or more other persons who are not Australian legal practitioners, where the business of the partnership includes the provision of legal services in this jurisdiction as well as other services. (2) However, a partnership consisting only of one or more Australian legal practitioners and one or more Australian-registered foreign lawyers is not a multi-disciplinary partnership. (3) A complying community legal centre is not a multi-disciplinary partnership. (4) Nothing in this Part affects or applies to the provision by a multi-disciplinary partnership of legal services in one or more other jurisdictions. 145Conduct of multi-disciplinary partnerships (1) An Australian legal practitioner may be in partnership with a person who is not an Australian legal practitioner, where the business of the partnership includes the provision of legal services. (2)  Subsection (1) does not prevent an Australian legal practitioner from being in partnership with a person who is not an Australian legal practitioner, where the business of the partnership does not include the provision of legal services. (3) The regulations may prohibit an Australian legal practitioner from being in partnership with a person providing a service or conducting a business of a kind specified by the regulations, where the business of the partnership includes the provision of legal services. 146Notice of intention to start practice in multi-disciplinary partnershipA legal practitioner partner must, before starting to provide legal services in this jurisdiction as a member of a multi-disciplinary partnership, give the prescribed authority written notice, in the approved form, of his or her intention to do so.Penalty: Fine not exceeding 50 penalty units. 147General obligations of legal practitioner partners (1) Each legal practitioner partner of a multi-disciplinary partnership is, for the purposes only of this Act, responsible for the management of the legal services provided in this jurisdiction by the partnership. (2) Each legal practitioner partner must ensure that appropriate management systems are implemented and maintained to enable the provision of legal services by the multi-disciplinary partnership – (a) in accordance with the professional obligations of Australian legal practitioners and the other obligations imposed by this Act, the regulations or the legal profession rules; and (b) so that the professional obligations of legal practitioner partners and employees who are Australian legal practitioners are not affected by other partners and employees of the partnership. 148Obligations of legal practitioner partner relating to misconduct (1) Each of the following is capable of constituting unsatisfactory professional conduct or professional misconduct by a legal practitioner partner: (a) unsatisfactory professional conduct or professional misconduct of an Australian legal practitioner employed by the multi-disciplinary partnership; (b) conduct of any other partner (not being an Australian legal practitioner) of the multi-disciplinary partnership that adversely affects the provision of legal services by the partnership; (c) the unsuitability of any other partner (not being an Australian legal practitioner) of the multi-disciplinary partnership to be a member of a partnership that provides legal services. (2) A legal practitioner partner of a multi-disciplinary partnership must ensure that all reasonable action available to the legal practitioner partner is taken to deal with any unsatisfactory professional conduct or professional misconduct of an Australian legal practitioner employed by the partnership. 149Actions of partner who is not an Australian legal practitionerA partner of a multi-disciplinary partnership who is not an Australian legal practitioner does not contravene a provision of this Act, the regulations or the legal profession rules merely because of any of the following: (a) the partner is a member of a partnership where the business of the partnership includes the provision of legal services; (b) the partner receives any fee, gain or reward for business of the partnership that is the business of an Australian legal practitioner; (c) the partner holds out, advertises or represents himself or herself as a member of a partnership where the business of the partnership includes the provision of legal services; (d) the partner shares with any other partner the receipts of business of the partnership that is the business of an Australian legal practitioner – unless the provision expressly applies to a partner of a multi-disciplinary partnership who is not an Australian legal practitioner. 150Obligations and privileges of practitioners who are partners or employees (1) An Australian legal practitioner who provides legal services in the capacity of a partner or an employee of a multi-disciplinary partnership – (a) is not excused from compliance with professional obligations as an Australian legal practitioner, or any other obligations as an Australian legal practitioner under any law; and (b) does not lose the professional privileges of an Australian legal practitioner. (2) The law relating to client legal privilege (or other legal professional privilege) is not excluded or otherwise affected because an Australian legal practitioner is acting in the capacity of a partner or an employee of a multi-disciplinary partnership. 151Conflicts of interest (1) For the purposes of the application of any law (including the common law) or legal profession rules relating to conflicts of interest to the conduct of an Australian legal practitioner who is – (a) a legal practitioner partner of a multi-disciplinary partnership; or (b) an employee of a multi-disciplinary partnership – the interests of the partnership or any partner of the multi-disciplinary partnership are also taken to be those of the practitioner concerned (in addition to any interests that the practitioner has apart from this subsection). (2) Legal profession rules may be made for or with respect to additional duties and obligations in connection with conflicts of interest arising out of the conduct of a multi-disciplinary partnership. 152Disclosure obligations (1) This section applies if a person engages a multi-disciplinary partnership to provide services that the person might reasonably assume to be legal services. (2) Each legal practitioner partner of the multi-disciplinary partnership, and any employee of the partnership who is an Australian legal practitioner and who provides the services on behalf of the partnership, must ensure that a disclosure, complying with the requirements of this section and the regulations made for the purposes of this section, is made to the person in connection with the provision of the services.Penalty: Fine not exceeding 50 penalty units. (3)  The disclosure must be made by giving the person a notice in writing – (a) setting out the services to be provided; and (b) stating whether or not all the legal services to be provided will be provided by an Australian legal practitioner; and (c) if some or all of the legal services to be provided will not be provided by an Australian legal practitioner, identifying those services and indicating the status or qualifications of the person or persons who will provide the services; and

Note. For example, the person might be a licensed conveyancer. However, this paragraph would not apply in a case where a law applying in the jurisdiction prohibits a particular legal service from being provided by a person who is not an Australian legal practitioner.

(d) stating that this Act applies to the provision of legal services but not to the provision of the non-legal services. (4)  The regulations may make provision for or with respect to the following matters: (a) the manner in which disclosure is to be made; (b) additional matters required to be disclosed in connection with the provision of legal services or non-legal services by a multi-disciplinary partnership. (5)  Without limiting subsection (4), the additional matters may include the kind of services provided by the multi-disciplinary partnership and whether those services are or are not covered by the insurance or other provisions of this Act. (6) A disclosure under this section to a person about the provision of legal services may relate to the provision of legal services on one occasion or on more than one occasion or on an on-going basis. 153Effect of non-disclosure of provision of certain services (1)  This section applies if – (a) section 152 applies in relation to a service that is provided to a person who has engaged a multi-disciplinary partnership to provide the service and that the person might reasonably assume to be a legal service; and (b) a disclosure has not been made under that section in relation to the service. (2) The standard of care owed by the multi-disciplinary partnership in respect of the service is the standard that would be applicable if the service had been provided by an Australian legal practitioner. 154Application of legal profession rulesLegal profession rules, so far as they apply to Australian legal practitioners, also apply to Australian legal practitioners who are legal practitioner partners or employees of a multi-disciplinary partnership, unless the rules otherwise provide. 155Requirements relating to advertising (1) Any restriction imposed by or under this or any other Act, the regulations or the legal profession rules in connection with advertising by Australian legal practitioners applies to advertising by a multi-disciplinary partnership with respect to the provision of legal services. (2)  If a restriction referred to in subsection (1) is limited to a particular branch of the legal profession or to persons who practise in a particular style of legal practice, the restriction applies only to the extent that the multi-disciplinary partnership carries on the business of the relevant class of Australian legal practitioners. (3) An advertisement of the kind referred to in this section is, for the purposes of disciplinary proceedings taken against an Australian legal practitioner, taken to have been authorised by each legal practitioner partner of the multi-disciplinary partnership. (4)  This section does not apply if the provision by which the restriction is imposed expressly excludes its application to multi-disciplinary partnerships. 156Sharing of receipts, revenue or other income (1) Nothing in this Act, the regulations or the legal profession rules prevents a legal practitioner partner, or an Australian legal practitioner who is an employee of a multi-disciplinary partnership, from sharing receipts, revenue or other income arising from the provision of legal services by the partner or practitioner with a partner or partners who are not Australian legal practitioners. (2)  This section does not extend to the sharing of receipts, revenue or other income in contravention of section 157, and has effect subject to section 89 (Holders of local practising certificates as barristers). 157Disqualified personsA legal practitioner partner of a multi-disciplinary partnership must not knowingly – (a) be a partner of a disqualified person in the multi-disciplinary partnership; or (b) share with a disqualified person the receipts, revenue or other income arising from the provision of legal services by the multi-disciplinary partnership; or (c) employ or pay a disqualified person in connection with the provision of legal services by the multi-disciplinary partnership. Penalty:  Fine not exceeding 100 penalty units. 158Prohibition on partnerships with certain partners who are not Australian legal practitioners (1)  This section applies to a person who – (a) is not an Australian legal practitioner; and (b) is or was a partner of an Australian legal practitioner. (2) On application by the prescribed authority, the Supreme Court may make an order prohibiting any Australian legal practitioner from being a partner, in a business that includes the provision of legal services, of a specified person to whom this section applies if – (a) the Court is satisfied that the person is not a fit and proper person to be a partner; or (b) the Court is satisfied that the person has been guilty of conduct that, if the person were an Australian legal practitioner, would have constituted unsatisfactory professional conduct or professional misconduct; or (c) in the case of a corporation, if the Court is satisfied that the corporation has been disqualified from providing legal services in this jurisdiction or there are grounds for disqualifying the corporation from providing legal services in this jurisdiction. (3)  An order made under this section may be revoked by the Supreme Court on application by the prescribed authority or by the person against whom the order was made. (4) The death of an Australian legal practitioner does not prevent an application being made for, or the making of, an order under this section in relation to a person who was a partner of the practitioner. (5)  The regulations may make provision for or with respect to the publication and notification of orders made under this section. 159Undue influenceA person (whether or not a partner, or an employee, of a multi-disciplinary partnership) must not cause or induce or attempt to cause or induce – (a) a legal practitioner partner; or (b) an employee of a multi-disciplinary partnership who provides legal services and who is an Australian legal practitioner – to contravene this Act, the regulations, the legal profession rules or his or her professional obligations as an Australian legal practitioner.Penalty:  Fine not exceeding 100 penalty units. Division 4Miscellaneous160Obligations of individual practitioners not affectedExcept as provided by this Part, nothing in this Part affects any obligation imposed on – (a) a legal practitioner director or an Australian legal practitioner who is an employee of an incorporated legal practice; or (b) a legal practitioner partner or an Australian legal practitioner who is an employee of a multi-disciplinary partnership; or (c) an Australian legal practitioner who is an officer or employee of, or whose services are used by, a complying community legal centre – under this or any other Act, the regulations or the legal profession rules in his or her capacity as an Australian legal practitioner. 161Regulations (1)  The regulations may make provision for or with respect to the following matters: (a) the legal services provided by incorporated legal practices or legal practitioner partners or employees of multi-disciplinary partnerships; (b) other services provided by incorporated legal practices or legal practitioner partners or employees of multi-disciplinary partnerships in circumstances where a conflict of interest relating to the provision of legal services may arise. (2) A regulation prevails over any inconsistent provision of the legal profession rules. (3) A regulation may provide that a breach of the regulations is capable of constituting unsatisfactory professional conduct or professional misconduct – (a) in the case of an incorporated legal practice, by a legal practitioner director, or by an Australian legal practitioner responsible for the breach, or both; or (b) in the case of a multi-disciplinary partnership, by a legal practitioner partner, or by an Australian legal practitioner responsible for the breach, or both. PART 2.6Legal Practice by Foreign LawyersDivision 1Preliminary162PurposeThe purpose of this Part is to encourage and facilitate the internationalisation of legal services and the legal services sector by providing a framework for the regulation of the practice of foreign law in this jurisdiction by foreign lawyers as a recognised aspect of legal practice in this jurisdiction. 163DefinitionsIn this Part – Australia includes the external Territories; Australian law means law of the Commonwealth or of a jurisdiction; domestic registration authority means the prescribed authority; foreign law means law of a foreign country; foreign law practice means a partnership or corporate entity that is entitled to engage in legal practice in a foreign country; foreign registration authority means an entity in a foreign country having the function, conferred by the law of the foreign country, of registering persons to engage in legal practice in the foreign country; local registration certificate means a registration certificate given under this Part; overseas-registered foreign lawyer means a natural person who is properly registered to engage in legal practice in a foreign country by the foreign registration authority for the country; practise foreign law means doing work, or transacting business, in this jurisdiction concerning foreign law, being work or business of a kind that, if it concerned the law of this jurisdiction, would ordinarily be done or transacted by an Australian legal practitioner; registered, when used in connection with a foreign country, means having all necessary licences, approvals, admissions, certificates or other forms of authorisation (including practising certificates) required by or under legislation for engaging in legal practice in that country.

Note. The terms Australian-registered foreign lawyer, foreign country, interstate-registered foreign lawyer and locally registered foreign lawyer are defined in section 4 (Interpretation) .

164This Part does not apply to Australian legal practitioners (1) This Part does not apply to an Australian legal practitioner (including an Australian legal practitioner who is also an overseas-registered foreign lawyer). (2) Accordingly, nothing in this Part requires or enables an Australian legal practitioner (including an Australian legal practitioner who is also an overseas-registered foreign lawyer) to be registered as a foreign lawyer under this Act in order to practise foreign law in this jurisdiction. Division 2Practice of foreign law165Requirement for registration (1) A person must not practise foreign law in this jurisdiction unless the person is – (a) an Australian-registered foreign lawyer; or (b) an Australian legal practitioner. Penalty:  Fine not exceeding 200 penalty units. (2) However, a person does not contravene subsection (1) if the person is an overseas-registered foreign lawyer – (a) who – (i) practises foreign law in this jurisdiction for one or more periods that do not in aggregate exceed 90 days in any period of 12 months; or (ii) is subject to a restriction imposed under the Migration Act 1958 of the Commonwealth that has the effect of limiting the period during which work may be done, or business transacted, in Australia by the person; and (b) who – (i) does not maintain an office for the purpose of practising foreign law in this jurisdiction; or (ii) does not become a partner or director of a law practice. 166Entitlement of Australian-registered foreign lawyer to practise in this jurisdictionAn Australian-registered foreign lawyer is, subject to this Act, entitled to practise foreign law in this jurisdiction. 167Scope of practice (1) An Australian-registered foreign lawyer may provide only the following legal services in this jurisdiction: (a) doing work, or transacting business, concerning the law of a foreign country where the lawyer is registered by the foreign registration authority for the country; (b) legal services (including appearances) in relation to arbitration proceedings of a kind prescribed under the regulations; (c) legal services (including appearances) in relation to proceedings before bodies other than courts, being proceedings in which the body concerned is not required to apply the rules of evidence and in which knowledge of the foreign law of a country referred to in paragraph (a) is essential; (d) legal services for conciliation, mediation and other forms of consensual dispute resolution of a kind prescribed under the regulations. (2) Nothing in this Act authorises an Australian-registered foreign lawyer to appear in any court (except on the lawyer’s own behalf) or to practise Australian law in this jurisdiction. (3)  Despite subsection (2), an Australian-registered foreign lawyer may advise on the effect of an Australian law if – (a) the giving of advice on Australian law is necessarily incidental to the practice of foreign law; and (b) the advice is expressly based on advice given on the Australian law by an Australian legal practitioner who is not an employee of the foreign lawyer. 168Form of practice (1) An Australian-registered foreign lawyer may (subject to any conditions attaching to the foreign lawyer’s registration) practise foreign law – (a) on the foreign lawyer’s own account; or (b) in partnership with one or more Australian-registered foreign lawyers or one or more Australian legal practitioners, or both, in circumstances where, if the Australian-registered foreign lawyer were an Australian legal practitioner, the partnership would be permitted under a law of this jurisdiction; or (c) as a director or employee of an incorporated legal practice or a partner or employee of a multi-disciplinary partnership that is permitted by a law of this jurisdiction; or (d) as an employee of an Australian legal practitioner or law firm in circumstances where, if the Australian-registered foreign lawyer were an Australian legal practitioner, the employment would be permitted under a law of this jurisdiction; or (e) as an employee of an Australian-registered foreign lawyer. (2)  An affiliation referred to in subsection (1)(b), (c), (d) or (e) does not entitle the Australian-registered foreign lawyer to practise Australian law in this jurisdiction. 169Application of Australian professional ethical and practice standards (1) An Australian-registered foreign lawyer must not engage in any conduct in practising foreign law that would, if the conduct were engaged in by an Australian legal practitioner in practising Australian law in this jurisdiction, be capable of constituting professional misconduct or unsatisfactory professional conduct. (2)  Chapter 4 (Complaints and discipline) applies to a person who – (a) is an Australian-registered foreign lawyer; or (b) was an Australian-registered foreign lawyer when the relevant conduct allegedly occurred, but is no longer an Australian-registered foreign lawyer (in which case Chapter 4 applies as if the person were an Australian-registered foreign lawyer) – and so applies as if references in Chapter 4 to an Australian legal practitioner were references to a person of that kind. (3)  The regulations may make provision with respect to the application (with or without modification) of the provisions of Chapter 4 for the purposes of this section. (4)  Without limiting the matters that may be taken into account in determining whether a person should be disciplined for a contravention of subsection (1), the following matters may be taken into account: (a) whether the conduct of the person was consistent with the standard of professional conduct of the legal profession in any foreign country where the person is registered; (b) whether the person contravened the subsection wilfully or without reasonable excuse. (5)  Without limiting any other provision of this section or the orders that may be made under Chapter 4 as applied by this section, the following orders may be made under that Chapter as applied by this section: (a) an order that a person’s registration under this Act as a foreign lawyer be cancelled; (b) an order that a person’s registration under a corresponding law as a foreign lawyer be cancelled. 170Designation (1) An Australian-registered foreign lawyer may use only the following designations: (a) the lawyer’s own name; (b) a title or business name the lawyer is authorised by law to use in a foreign country where the lawyer is registered by a foreign registration authority; (c) subject to this section, the name of a foreign law practice with which the lawyer is affiliated or associated (whether as a partner, director, employee or otherwise); (d) if the lawyer is a principal of any law practice in Australia whose principals include both one or more Australian-registered foreign lawyers and one or more Australian legal practitioners, a description of the practice that includes reference to both Australian legal practitioners and Australian-registered foreign lawyers (for example, "Solicitors and locally registered foreign lawyers" or "Australian solicitors and US attorneys"). (2) An Australian-registered foreign lawyer who is a principal of a foreign law practice may use the practice’s name in or in connection with practising foreign law in this jurisdiction only if – (a) the lawyer indicates, on the lawyer’s letterhead or any other document used in this jurisdiction to identify the lawyer as an overseas-registered foreign lawyer, that the foreign law practice practises only foreign law in this jurisdiction; and (b) the lawyer has provided the domestic registration authority with acceptable evidence that the lawyer is a principal of the foreign law practice. (3) An Australian-registered foreign lawyer who is a principal of a foreign law practice may use the name of the practice as referred to in this section whether or not other principals of the practice are Australian-registered foreign lawyers. (4) This section does not authorise the use of a name or other designation that contravenes any requirements of the law of this jurisdiction concerning the use of business names or that is likely to lead to any confusion with the name of any established domestic law practice or foreign law practice in this jurisdiction. 171Letterhead and other identifying documents (1) An Australian-registered foreign lawyer must indicate, in each public document distributed by the lawyer in connection with the lawyer’s practice of foreign law, the fact that the lawyer is an Australian-registered foreign lawyer and is restricted to the practice of foreign law. (2)  Subsection (1) is satisfied if the lawyer includes in the public document the words – (a) "registered foreign lawyer" or "registered foreign practitioner"; and (b) "entitled to practise foreign law only". (3) An Australian-registered foreign lawyer may (but need not) include any or all of the following in any public document: (a) an indication of all foreign countries in which the lawyer is registered to engage in legal practice; (b) a description of himself or herself, and any law practice with which the lawyer is affiliated or associated, in any of the ways designated in section 170. (4)  In this section – public document includes any business letter, statement of account, invoice, business card, and promotional and advertising material. 172Advertising (1) An Australian-registered foreign lawyer is required to comply with any advertising restrictions imposed by the domestic registration authority or by law on legal practice engaged in by an Australian legal practitioner that are relevant to the practice of law in this jurisdiction. (2)  Without limiting subsection (1), an Australian-registered foreign lawyer must not advertise (or use any description on the lawyer’s letterhead or any other document used in this jurisdiction to identify the lawyer as a lawyer) in any way that – (a) might reasonably be regarded as – (i) false, misleading or deceptive; or (ii) suggesting that the Australian-registered foreign lawyer is an Australian legal practitioner; or (b) contravenes any requirements of the regulations. 173Foreign lawyer employing Australian legal practitioner (1) An Australian-registered foreign lawyer may employ one or more Australian legal practitioners. (2) Employment of an Australian legal practitioner does not entitle an Australian-registered foreign lawyer to practise Australian law in this jurisdiction. (3) An Australian legal practitioner employed by an Australian-registered foreign lawyer may practise foreign law. (4) An Australian legal practitioner employed by an Australian-registered foreign lawyer must not – (a) provide advice on Australian law to, or for use by, the Australian-registered foreign lawyer; or (b) otherwise practise Australian law in this jurisdiction in the course of that employment. (5)  Subsection (4) does not apply to an Australian legal practitioner employed by a law firm a partner of which is an Australian-registered foreign lawyer, if at least one other partner is an Australian legal practitioner. (6) Any period of employment of an Australian legal practitioner by an Australian-registered foreign lawyer cannot be used to satisfy a requirement imposed by a condition on a local practising certificate to complete a period of supervised legal practice. 174Trust money and trust accounts (1)  The provisions of Part 3.2 (Trust money and trust accounts), and any other provisions of this Act, the regulations or any legal profession rule relating to requirements for trust money and trust accounts, apply (subject to this section) to Australian-registered foreign lawyers in the same way as they apply to law practices and Australian legal practitioners. (2) In this section, a reference to money is not limited to a reference to money in this jurisdiction. (3) The regulations may make provision with respect to the application (with or without modification) of the provisions of this Act, the regulations or any legal profession rule relating to trust money and trust accounts for the purposes of this section. 175Professional indemnity insurance (1) An Australian-registered foreign lawyer must, at all times while practising foreign law in this jurisdiction, comply with one of the following: (a) the foreign lawyer must have professional indemnity insurance that conforms with the requirements for professional indemnity insurance applicable to Australian legal practitioners in any jurisdiction; (b) if the foreign lawyer does not have professional indemnity insurance that complies with paragraph (a), the foreign lawyer – (i) must have professional indemnity insurance that covers the practice of foreign law in this jurisdiction and that complies with the relevant requirements of a foreign law or foreign registration authority; and (ii) if the insurance is for less than $1.5 million (inclusive of defence costs), must provide a disclosure statement to each client disclosing the level of cover; (c) if the foreign lawyer does not have professional indemnity insurance that complies with paragraph (a) or (b), the foreign lawyer must provide a disclosure statement to each client stating that the lawyer does not have complying professional indemnity insurance. (2)  A disclosure statement must be made in writing before, or as soon as practicable after, the foreign lawyer is retained in the matter. (3) A disclosure statement provided to a person before the foreign lawyer is retained in a matter is taken to be provided to the person as a client for the purposes of this section. (4)  A disclosure statement is not valid unless it is given in accordance with, and otherwise complies with, any applicable requirements of the regulations. 176Guarantee FundThe regulations may provide that provisions of Part 3.5 (Solicitors’ Guarantee Fund) apply to prescribed classes of Australian-registered foreign lawyers and so apply with any modifications specified in the regulations. Division 3Local registration of foreign lawyers generally177Local registration of foreign lawyersOverseas-registered foreign lawyers may be registered as foreign lawyers under this Act. 178Duration of registration (1) Registration as a foreign lawyer granted under this Act is in force from the day specified in the local registration certificate until the end of the financial year in which it is granted, unless the registration is sooner suspended or cancelled. (2) Registration as a foreign lawyer renewed under this Act is in force until the end of the financial year following its previous period of currency, unless the registration is sooner suspended or cancelled. (3)  If an application for the renewal of registration as a foreign lawyer has not been determined by the following 1 July, the registration – (a) continues in force on and from that 1 July until the domestic registration authority renews or refuses to renew the registration or the holder withdraws the application for renewal, unless the registration is sooner suspended or cancelled; and (b) if renewed, is taken to have been renewed on and from that 1 July. 179Locally registered foreign lawyer is not officer of Supreme CourtA locally registered foreign lawyer is not an officer of the Supreme Court. Division 4Applications for grant or renewal of local registration180Application for grant or renewal of registrationAn overseas-registered foreign lawyer may apply to the domestic registration authority for the grant or renewal of registration as a foreign lawyer under this Act. 181Manner of application (1) An application for the grant or renewal of registration as a foreign lawyer must be – (a) made in the approved form; and (b) accompanied by the prescribed fees. (2)  Different fees may be set according to different factors determined by the domestic registration authority. (3) The fees are not to be greater than the maximum fees for a local practising certificate. (4)  The domestic registration authority may also require the applicant to pay any reasonable costs and expenses incurred by the domestic registration authority in considering the application, including (for example) costs and expenses of making inquiries and obtaining information or documents about whether the applicant meets the criteria for registration. (5)  The fees and costs must not include any component for compulsory membership of any professional association. (6) The approved form may require the applicant to disclose – (a) matters that may affect the domestic registration authority’s consideration of the application for the grant or renewal of registration; and (b) particulars of any offences for which the applicant has been convicted in Australia or a foreign country, whether before or after the commencement of this section. (7) The approved form may indicate that convictions of a particular kind need not be disclosed for the purposes of the current application. (8) The approved form may indicate that specified kinds of matters or particulars previously disclosed in a particular manner need not be disclosed for the purposes of the current application. 182Requirements regarding applications for grant or renewal of registration (1) An application for the grant of registration must state the applicant’s educational and professional qualifications. (2) An application for the grant or renewal of registration must – (a) state that the applicant is registered to engage in legal practice by one or more specified foreign registration authorities in one or more foreign countries; and (b) state that the applicant is not an Australian legal practitioner; and (c) state that the applicant is not the subject of disciplinary proceedings in Australia or a foreign country (including any preliminary investigations or action that might lead to disciplinary proceedings) in his or her capacity as – (i) an overseas-registered foreign lawyer; or (ii) an Australian-registered foreign lawyer; or (iii) an Australian lawyer; and (d) state whether the applicant has been convicted of an offence in Australia or a foreign country, and if so – (i) the nature of the offence; and (ii) how long ago the offence was committed; and (iii) the applicant’s age when the offence was committed; and (e) state that the applicant’s registration is not cancelled or currently suspended in any place as a result of any disciplinary action in Australia or a foreign country; and (f) state – (i) that the applicant is not otherwise personally prohibited from engaging in legal practice in any place or bound by any undertaking not to engage in legal practice in any place; and (ii) whether or not the applicant is subject to any special conditions in engaging in legal practice in any place – as a result of criminal, civil or disciplinary proceedings in Australia or a foreign country; and (g) specify any special conditions imposed in Australia or a foreign country as a restriction on legal practice engaged in by the applicant or any undertaking given by the applicant restricting the applicant’s practice of law; and (h) give consent to the making of inquiries of, and the exchange of information with, any foreign registration authorities the domestic registration authority considers appropriate regarding the applicant’s activities in engaging in legal practice in the places concerned or otherwise regarding matters relevant to the application; and (i) specify which of the paragraphs of section 175(1) (Professional indemnity insurance) the applicant proposes to rely on and be accompanied by supporting proof of the relevant matters; and (j) provide the information or be accompanied by the other information or documents (or both) that is specified in the application form or in material accompanying the application form as provided by the domestic registration authority. (3)  The application must (if the domestic registration authority so requires) be accompanied by an original instrument, or a copy of an original instrument, from each foreign registration authority specified in the application that – (a) verifies the applicant’s educational and professional qualifications; and (b) verifies the applicant’s registration by the authority to engage in legal practice in the foreign country concerned, and the date of registration; and (c) describes anything done by the applicant in engaging in legal practice in that foreign country of which the authority is aware and that, in the opinion of the authority, has had or is likely to have had an adverse effect on the applicant’s professional standing within the legal profession of that place. (4)  The applicant must (if the domestic registration authority so requires) certify in the application that the accompanying instrument is the original or a complete and accurate copy of the original. (5)  The domestic registration authority may require the applicant to verify the statements in the application by statutory declaration or by other proof acceptable to the authority. (6)  If the accompanying instrument is not in English, it must be accompanied by a translation in English that is authenticated or certified to the satisfaction of the domestic registration authority. Division 5Grant or renewal of registration183Grant or renewal of registration (1) The domestic registration authority must consider an application that has been made for the grant or renewal of registration as a foreign lawyer and may – (a) grant or refuse to grant the registration; or (b) renew or refuse to renew the registration. (2) The domestic registration authority may, when granting or renewing registration, impose conditions as referred to in section 203 (Conditions imposed by domestic registration authority). (3)  If the domestic registration authority grants or renews registration, the authority must, as soon as practicable, give the applicant a registration certificate or a notice of renewal. (4)  If the domestic registration authority – (a) refuses to grant or renew registration; or (b) imposes a condition on the registration and the applicant does not agree to the condition – the authority must, as soon as practicable, give the applicant an information notice. (5)  A notice of renewal may be in the form of a new registration certificate or any other form the domestic registration authority considers appropriate. (6) The domestic registration authority must advise the Board of the decision to – (a) grant or refuse to grant the registration; or (b) renew or refuse to renew the registration; or (c) impose any conditions on the grant or renewal of registration – and any reasons for the decision. 184Requirement to grant or renew registration if criteria satisfied (1) The domestic registration authority must grant an application for registration as a foreign lawyer if the authority – (a) is satisfied the applicant is registered to engage in legal practice in one or more foreign countries and is not an Australian legal practitioner; and (b) considers an effective system exists for regulating engaging in legal practice in one or more of the foreign countries; and (c) considers the applicant is not, as a result of criminal, civil or disciplinary proceedings in any of the foreign countries, subject to – (i) any special conditions in engaging in legal practice in any of the foreign countries; or (ii) any undertakings concerning engaging in legal practice in any of the foreign countries – that would make it inappropriate to register the person; and (d) is satisfied the applicant demonstrates an intention to commence practising foreign law in this jurisdiction within a reasonable period if registration were to be granted – unless the domestic registration authority refuses the application under this Part. (2) The domestic registration authority must grant an application for renewal of a person’s registration, unless the authority refuses renewal under this Part. (3) Residence or domicile in this jurisdiction is not to be a prerequisite for or a factor in entitlement to the grant or renewal of registration. 185Refusal to grant or renew registration (1)  The domestic registration authority may refuse to consider an application if it is not made in accordance with this Act or the regulations. (2) The domestic registration authority may refuse to grant or renew registration if – (a) the application is not accompanied by, or does not contain, the information required by this Part or prescribed by the regulations; or (b) the applicant has contravened this Act or a corresponding law; or (c) the applicant has contravened an order of the Board, Tribunal or a corresponding disciplinary body, including but not limited to an order to pay any fine or costs; or (d) the applicant has contravened an order of a regulatory authority of any jurisdiction to pay any fine or costs; or (e) the applicant has failed to comply with a requirement under this Act to pay a contribution to, or levy for, the Guarantee Fund; or (f) the applicant has contravened a requirement of or made under this Act about professional indemnity insurance; or (g) the applicant has failed to pay any expenses of receivership payable under this Act; or (h) the applicant’s foreign legal practice is in receivership (however described). (3) The domestic registration authority may refuse to grant or renew registration if an authority of another jurisdiction has under a corresponding law – (a) refused to grant or renew registration for the applicant; or (b) suspended or cancelled the applicant’s registration. (4) The domestic registration authority may refuse to grant registration if the authority is satisfied that the applicant is not a fit and proper person to be registered after considering – (a) the nature of any offence for which the applicant has been convicted in Australia or a foreign country, whether before or after the commencement of this section; and (b) how long ago the offence was committed; and (c) the person’s age when the offence was committed. (5)  The domestic registration authority may refuse to renew registration if the authority is satisfied that the applicant is not a fit and proper person to continue to be registered after considering – (a) the nature of any offence for which the applicant has been convicted in Australia or a foreign country, whether before or after the commencement of this section, other than an offence disclosed in a previous application to the domestic registration authority; and (b) how long ago the offence was committed; and (c) the person’s age when the offence was committed. (6) The domestic registration authority may refuse to grant or renew registration on any ground on which registration could be suspended or cancelled. (7) If the domestic registration authority refuses to grant or renew registration, the authority must, as soon as practicable, give the applicant an information notice. (8)  Nothing in this section affects the operation of Division 7 (Special powers in relation to local registration – show cause events). (9) The domestic registration authority must advise the Board of any refusal to grant or renew registration under this section and the reasons for the refusal. Division 6Amendment, suspension or cancellation of local registration186Application of this DivisionThis Division does not apply in relation to matters referred to in Division 7 (Special powers in relation to local registration – show cause events). 187Grounds for amending, suspending or cancelling registration (1)  Each of the following is a ground for amending, suspending or cancelling a person’s registration as a foreign lawyer: (a) the registration was obtained because of incorrect or misleading information; (b) the person fails to comply with a requirement of this Part; (c) the person fails to comply with a condition imposed on the person’s registration; (d) the person becomes the subject of disciplinary proceedings in Australia or a foreign country (including any preliminary investigations or action that might lead to disciplinary proceedings) in his or her capacity as – (i) an overseas-registered foreign lawyer; or (ii) an Australian-registered foreign lawyer; or (iii) an Australian lawyer; (e) the person has been convicted of an offence in Australia or a foreign country; (f) the person’s registration is cancelled or currently suspended in any place as a result of any disciplinary action in Australia or a foreign country; (g) the person does not meet the requirements of section 175 (Professional indemnity insurance); (h) another ground the domestic registration authority considers sufficient. (2)  Subsection (1) does not limit the grounds on which conditions may be imposed on registration as a foreign lawyer under section 203 (Conditions imposed by domestic registration authority). 188Amending, suspending or cancelling registration (1) If the domestic registration authority considers reasonable grounds exist to amend, suspend or cancel a person’s registration by it as a foreign lawyer (the "action"), the authority must give the person a notice that – (a) states the action proposed and – (i) if the proposed action is to amend the registration in any way, states the proposed amendment; and (ii) if the proposed action is to suspend the registration, states the proposed suspension period; and (b) states the grounds for proposing to take the action; and (c) outlines the facts and circumstances that form the basis for the authority’s belief; and (d) invites the person to make written representations to the authority, within a specified time of not less than 7 days and not more than 28 days, as to why the action proposed should not be taken. (2)  If, after considering all written representations made within the specified time, the domestic registration authority still believes grounds exist to take the action, the authority may – (a) if the notice under subsection (1) stated the action proposed was to amend the registration, amend the registration in the way specified or in another way the authority considers appropriate in the light of the representations; or (b) if the notice stated the action proposed was to suspend the registration for a specified period, suspend the registration for a period no longer than the specified period; or (c) if the notice stated the action proposed was to cancel the registration – (i) cancel the registration; or (ii) suspend the registration for a period; or (iii) amend the registration in a less onerous way the authority considers appropriate because of the representations. (3)  The domestic registration authority may, at its discretion, consider representations made after the specified time. (4)  The domestic registration authority must give the person notice of the authority’s decision. (5) If the domestic registration authority amends, suspends or cancels the registration, the authority must give the person an information notice about the decision. (6)  In this section – amend registration means amend the registration under section 203 (Conditions imposed by domestic registration authority) during its currency, otherwise than at the request of the foreign lawyer concerned. (7) The domestic registration authority must advise the Board of – (a) the amendment, suspension or cancellation of a person’s registration as a foreign lawyer; and (b) any reasons for that amendment, suspension or cancellation. 189Operation of amendment, suspension or cancellation of registration (1) This section applies if a decision is made to amend, suspend or cancel a person’s registration under section 188. (2)  Subject to subsections (3) and (4), the amendment, suspension or cancellation of the registration takes effect on the later of the following: (a) the day notice of the decision is given to the person; (b) the day specified in the notice. (3)  If the registration is amended, suspended or cancelled because the person has been convicted of an offence – (a) the Supreme Court may, on the application of the person, order that the operation of the amendment, suspension or cancellation of the registration be stayed until – (i) the end of the time to appeal against the conviction; and (ii) if an appeal is made against the conviction, the appeal is finally decided, lapses or otherwise ends; and (b) the amendment, suspension or cancellation does not have effect during any period in respect of which the stay is in force. (4) If the registration is amended, suspended or cancelled because the person has been convicted of an offence and the conviction is quashed – (a) the amendment or suspension ceases to have effect when the conviction is quashed; or (b) the cancellation ceases to have effect when the conviction is quashed, and the registration is restored as if it had merely been suspended. 190Other ways of amending or cancelling registration (1)  This section applies if – (a) a locally registered foreign lawyer requests the domestic registration authority to amend or cancel the registration and the authority proposes to give effect to the request; or (b) the domestic registration authority proposes to amend a locally registered foreign lawyer’s registration only – (i) for a formal or clerical reason; or (ii) in another way that does not adversely affect the lawyer’s interests. (2) The domestic registration authority may amend or cancel the registration as referred to in subsection (1) by written notice given to the lawyer, and section 188 (Amending, suspending or cancelling registration) does not apply in that case. (3) The domestic registration authority must advise the Board of any amendment or cancellation under this section and the reasons for the amendment or cancellation of the registration. 191Relationship of this Division with Chapter 4Nothing in this Division prevents a complaint from being made under Chapter 4 (Complaints and discipline) about a matter to which this Division relates. Division 7Special powers in relation to local registration – show cause events192Applicant for local registration – show cause event (1)  This section applies if – (a) a person is applying for registration as a foreign lawyer under this Act; and (b) a show cause event in relation to the person happened, whether before or after the commencement of this section, after the person first became an overseas-registered foreign lawyer. (2)  As part of the application, the person must provide to the domestic registration authority a written statement, in accordance with the regulations – (a) about the show cause event; and (b) explaining why, despite the show cause event, the applicant considers himself or herself to be a fit and proper person to be a locally registered foreign lawyer. (3)  However, the person need not provide a statement under subsection (2) if the person has previously provided to the domestic registration authority a statement under this section, or a notice and statement under section 193 explaining why, despite the show cause event, the person considers himself or herself to be a fit and proper person to be a locally registered foreign lawyer. 193Locally registered foreign lawyer – show cause event (1) This section applies to a show cause event that happens in relation to a locally registered foreign lawyer. (2) The locally registered foreign lawyer must provide to the domestic registration authority both of the following: (a) within 7 days after the happening of the event, notice, in the approved form, that the event happened; (b) within 28 days after the happening of the event, a written statement explaining why, despite the show cause event, the person considers himself or herself to be a fit and proper person to be a locally registered foreign lawyer. (3)  If a written statement is provided after the period mentioned in subsection (2)(b), the domestic registration authority may accept the statement and take it into consideration. 194Refusal, amendment, suspension or cancellation of local registration – failure to show cause (1) The domestic registration authority may refuse to grant or renew, or may amend, suspend or cancel, local registration if the applicant for registration or the locally registered foreign lawyer – (a) is required by section 192 or section 193 to provide a written statement relating to a matter and has failed to provide a written statement in accordance with that requirement; or (b) has provided a written statement in accordance with section 192 or section 193 but the domestic registration authority does not consider that the applicant or foreign lawyer has shown in the statement that, despite the show cause event concerned, he or she is a fit and proper person to be a locally registered foreign lawyer. (2)  For the purposes of this section only, a written statement accepted by the domestic registration authority under section 193(3) is taken to have been provided in accordance with section 193. (3) The domestic registration authority must give the applicant or foreign lawyer an information notice about the decision to refuse to grant or renew, or to amend, suspend or cancel, the registration. (4) The domestic registration authority must advise the Board of any refusal, amendment, suspension or cancellation of local registration of a locally registered foreign lawyer under this section and the reasons for the refusal, amendment, suspension or cancellation. 195Restriction on making further applications (1)  If the domestic registration authority determines under this Division to cancel a person’s registration, the authority may also determine that the person is not entitled to apply for registration under this Part for a specified period (being a period not exceeding 5 years). (2) A person in respect of whom a determination has been made under this section, or under a provision of a corresponding law that corresponds to this section, is not entitled to apply for registration under this Part during the period specified in the determination. (3) If the domestic registration authority makes a determination under this section, the authority must, as soon as practicable, give the applicant an information notice. (4) The domestic registration authority must advise the Board of any determination under this section and the reasons for the determination. 196Relationship of this Division with Chapter 4Nothing in this Division prevents a complaint from being made under Chapter 4 (Complaints and Discipline) about a matter to which this Division relates. Division 8Further provisions relating to local registration197Immediate suspension of registration (1)  This section applies, despite section 188 (Amending, suspending or cancelling registration) and section 189 (Operation of amendment, suspension or cancellation of registration) if the domestic registration authority considers it necessary in the public interest to immediately suspend a person’s registration as a foreign lawyer. (2)  The domestic registration authority may, by written notice given to the person, immediately suspend the registration until the earlier of the following: (a) the time at which the authority informs the person of the authority’s decision by notice under section 188; (b) the end of the period of 56 days after the notice is given to the person under this section. (3)  The notice under this section must state – (a) the reasons for the suspension; and (b) that the person may make written representations to the authority about the suspension; and (c) that the person may appeal against the suspension to the Supreme Court within 28 days after the date of the notice. (4)  The person may make written representations to the domestic registration authority about the suspension, and the authority must consider the representations. (5)  The domestic registration authority may revoke the suspension at any time, whether or not in response to any written representations made to it by the person. (6) The domestic registration authority must advise the Board of an immediate suspension of registration under this section and the reasons for that suspension. 198Surrender of local registration certificate and cancellation of registration (1)  A person registered as a foreign lawyer under this Part may surrender the local registration certificate to the domestic registration authority. (2)  The domestic registration authority may cancel the registration after the certificate has been surrendered under subsection (1). (3) The domestic registration authority must advise the Board of the surrender of a local registration certificate and cancellation of registration under this section. 199Automatic cancellation of registration on grant of practising certificateA person’s registration as a foreign lawyer under this Part is taken to be cancelled if the person becomes an Australian legal practitioner. 200Suspension or cancellation of registration not to affect disciplinary processesThe suspension or cancellation of a person’s registration as a foreign lawyer under this Part does not affect any disciplinary processes in respect of matters arising before the suspension or cancellation. 201Return of local registration certificate on amendment, suspension or cancellation of registration (1)  This section applies if a person’s registration under this Part as a foreign lawyer is amended, suspended or cancelled. (2)  The domestic registration authority may give the person a notice requiring the person to return the local registration certificate to the authority in the way specified in the notice within a specified period of not less than 14 days. (3)  The person must comply with the notice, unless the person has a reasonable excuse.Penalty:  Fine not exceeding 20 penalty units. (4)  If the registration is amended, the domestic registration authority must return the local registration certificate to the person as soon as practicable after amending it. Division 9Conditions on registration202Conditions generallyRegistration as a foreign lawyer under this Part is subject to – (a) any conditions imposed by the domestic registration authority; and (b) any statutory conditions imposed by this or any other Act; and (c) any conditions imposed by or under the legal profession rules or the regulations; and (d) any conditions imposed under Chapter 4 (Complaints and discipline) or under provisions of a corresponding law that correspond to Chapter 4; and (e) any conditions imposed by the Supreme Court under section 204. 203Conditions imposed by domestic registration authority (1) The domestic registration authority may impose conditions on registration as a foreign lawyer – (a) when it is granted or renewed; or (b) during its currency. (2)  A condition imposed under this section must be reasonable and relevant. (3)  A condition imposed under this section may be about any of the following: (a) any matter in respect of which a condition could be imposed on a local practising certificate; (b) a matter agreed to by the foreign lawyer. (4)  The domestic registration authority must not impose a condition under subsection (3)(a) that is more onerous than a condition that would be imposed on a local practising certificate of a local legal practitioner in the same or similar circumstances. (5) The domestic registration authority may vary or revoke conditions imposed by it under this section. (6) The domestic registration authority must advise the Board of any imposition, variation or revocation of a condition on the local registration certificate of a foreign lawyer under this section and the reasons for the imposition, variation or revocation. 204Imposition or variation of conditions pending criminal proceedings (1)  If a person registered as a foreign lawyer under this Part has been charged with a relevant offence but the charge has not been determined, the domestic registration authority may apply to the Supreme Court for an order under this section. (2)  On an application under subsection (1), the Supreme Court, if it considers it appropriate to do so having regard to the seriousness of the offence and to the public interest, may make any or all of the following orders: (a) an order varying the conditions on the registration; (b) an order imposing further conditions on the registration; (c) any other order that it thinks appropriate. (3)  An order under this section has effect until the sooner of – (a) the end of the period specified by the Supreme Court; or (b) if the foreign lawyer is convicted of the offence, 28 days after the day of the conviction; or (c) if the charge is dismissed, the day of the dismissal. (4)  The Supreme Court, on application by any party, may vary or revoke an order under this section at any time. (5) The domestic registration authority must advise the Board of any order made by the Supreme Court under this section. (6)  In this section – relevant offence means a serious offence or an offence that would have to be disclosed under the admission rules in relation to an application for admission to the legal profession under this Act. 205Statutory condition regarding notification of offence (1)  It is a statutory condition of registration as a foreign lawyer that the lawyer – (a) must notify the domestic registration authority that the lawyer has been – (i) convicted of an offence that would have to be disclosed in relation to an application for registration as a foreign lawyer under this Act; or (ii) charged with a serious offence; and (b) must do so within 7 days of the event and by a written notice. (2) The legal profession rules may specify the form of the notice to be used and the person to whom or the address to which it is to be sent or delivered. (3)  This section does not apply to an offence to which Division 7 (Special powers in relation to local registration – show cause events) applies. 206Conditions imposed by legal profession rulesThe legal profession rules may – (a) impose conditions on the registration of foreign lawyers or any class of foreign lawyers; or (b) authorise conditions to be imposed on the registration of foreign lawyers or on the registration of any class of foreign lawyers. 207Compliance with conditionsA locally registered foreign lawyer must not contravene a condition to which the registration is subject.Penalty: Fine not exceeding 100 penalty units. Division 10Interstate-registered foreign lawyers208Extent of entitlement of interstate-registered foreign lawyer to practise in this jurisdiction (1) This Part does not authorise an interstate-registered foreign lawyer to practise foreign law in this jurisdiction to a greater extent than a locally registered foreign lawyer could be authorised under a local registration certificate. (2) Also, an interstate-registered foreign lawyer’s right to practise foreign law in this jurisdiction – (a) is subject to – (i) any conditions imposed by the domestic registration authority under section 209; and (ii) any conditions imposed by or under the legal profession rules as referred to in that section; and (b) is, to the greatest practicable extent and with all necessary changes – (i) the same as the interstate-registered foreign lawyer’s right to practise foreign law in the lawyer’s home jurisdiction; and (ii) subject to any condition on the interstate-registered foreign lawyer’s right to practise foreign law in that jurisdiction. (3) If there is an inconsistency between conditions mentioned in subsection (2)(a) and conditions mentioned in subsection (2)(b), the conditions that are, in the opinion of the domestic registration authority, more onerous prevail to the extent of the inconsistency. (4) An interstate-registered foreign lawyer must not practise foreign law in this jurisdiction in a manner not authorised by this Act or in contravention of any condition referred to in this section. (5) The domestic registration authority must advise the Board of any additional conditions imposed on the practice of an interstate-registered foreign lawyer and the reasons for the imposition of those conditions. 209Additional conditions on practice of interstate-registered foreign lawyers (1) The domestic registration authority may, by written notice to an interstate-registered foreign lawyer practising foreign law in this jurisdiction, impose any condition on the interstate-registered foreign lawyer’s practice that it may impose under this Act in relation to a locally registered foreign lawyer. (2) Also, an interstate-registered foreign lawyer’s right to practise foreign law in this jurisdiction is subject to any condition imposed by or under an applicable legal profession rule. (3) Conditions imposed under or referred to in this section must not be more onerous than conditions applying to locally registered foreign lawyers in the same or similar circumstances. (4) A notice under this section must include an information notice about the decision to impose a condition. (5) The domestic registration authority must advise the Board of any additional conditions imposed on the practice of an interstate-registered foreign lawyer and the reasons for the imposition of those conditions. Division 11Miscellaneous210Consideration and investigation of applicants and locally registered foreign lawyers (1) To help it consider whether or not to grant, renew, amend, suspend or cancel registration under this Part, or impose conditions on a person’s registration under this Part, the domestic registration authority may, by notice to the applicant or locally registered foreign lawyer, require the applicant or locally registered foreign lawyer – (a) to give it specified documents or information; or (b) to co-operate with any inquiries that it considers appropriate. (2)  A failure to comply with a notice under subsection (1) by the date specified in the notice and in the way required by the notice is a ground for making an adverse decision in relation to the action being considered by the domestic registration authority. 211Register of locally registered foreign lawyers (1) The Board must keep a register of the names of locally registered foreign lawyers. (2) The register must – (a) state the conditions (if any) imposed on a foreign lawyer’s registration; and (b) include other particulars prescribed by the regulations. (3) The register may be kept in the way the Board decides. (4) The Board may publish, in circumstances that it considers appropriate, the names of persons kept on the register and any other information included in the register concerning those persons that it considers appropriate. (5) The register must be available for inspection, without charge, at the Board’s office during normal business hours. (6) The Board is to make the register available to the domestic registration authority. 212Publication of information about locally registered foreign lawyersThe Board may publish, in circumstances that it considers appropriate, the names of persons registered by it as foreign lawyers under this Part and any relevant particulars concerning those persons. 213Supreme Court orders about conditions (1) The domestic registration authority may apply to the Supreme Court for an order that an Australian-registered foreign lawyer not contravene a condition imposed under this Part. (2)  The Supreme Court may make any order it considers appropriate on the application. 214Exemption by domestic registration authority (1) The domestic registration authority may exempt an Australian-registered foreign lawyer or class of Australian-registered foreign lawyers from compliance with a specified provision of this Act or the regulations, or from compliance with a specified rule or part of a rule that would otherwise apply to the foreign lawyer or class of foreign lawyers. (2) An exemption may be granted unconditionally or subject to conditions specified in writing. (3) The domestic registration authority may revoke or vary any conditions imposed under this section or impose new conditions. (4) The domestic registration authority must advise the Board of any exemption under this section and the reasons for the exemption. 215Membership of professional associationAn Australian-registered foreign lawyer is not required to join (but may, if eligible, join) any professional association. 216Refund of fees (1)  The regulations may provide for the refund of a portion of a fee paid in respect of registration as a foreign lawyer if it is suspended or cancelled during its currency. (2)  Without limiting subsection (1), the regulations may specify – (a) the circumstances in which a refund is to be made; and (b) the amount of the refund or the manner in which the amount of the refund is to be determined. 217Appeals (1)  If the domestic registration authority – (a) refuses to grant or renew the registration of a person as a foreign lawyer; or (b) amends, suspends or cancels a person’s registration as a foreign lawyer; or (c) takes any action under Divisions 4 and 5 of Part 3.2  – the foreign lawyer may appeal to the Supreme Court against the refusal, amendment, suspension, cancellation or action taken. (2)  The Supreme Court may make such an order in the matter as it thinks fit. PART 2.7Community Legal Centres218Community legal centres (1) An organisation, whether incorporated or not, is a complying community legal centre for the purposes of this Act if – (a) it is held out or holds itself out as being a community legal centre (or a centre or establishment of a similar description); and (b) it provides legal services – (i) that are directed generally to persons or organisations that lack the financial means to obtain privately funded legal services or whose cases are expected to raise issues of public interest or are of general concern to disadvantaged groups in the community; and (ii) that are made available to persons or organisations that have a special need arising from their location or the nature of the legal matter to be addressed or have a significant physical or social disability; and (iii) that are not intended, or likely, to be provided at a profit to the community legal centre and the income (if any) from which cannot or will not be distributed to any member or employee of the centre otherwise than by way of reasonable remuneration under a contract of service or for services; and (iv) that are funded or expected to be funded to a significant level by donations or by grants from government, charitable or other organisations; and (c) at least one of the persons who is employed or otherwise used by it to provide those legal services is an Australian legal practitioner and is generally responsible for the provision of those legal services (whether or not the person has an unrestricted practising certificate). (2) An organisation, whether incorporated or not, may be prescribed as a complying community legal centre for the purposes of this Act. (3) A complying community legal centre does not contravene this Act merely because – (a) it employs, or otherwise uses the services of, Australian legal practitioners to provide legal services to members of the public; or (b) it has a contractual relationship with a member of the public to whom those legal services are provided or receives any fee, gain or reward for providing those legal services; or (c) it shares with an Australian legal practitioner employed or otherwise used by it to provide those legal services, receipts, revenue or other income arising from the business of the centre, being business of a kind usually conducted by an Australian legal practitioner; or (d) it adopts or uses the word "legal" or a name, description or title referred to in section 15 (Presumptions about taking or using name, title or description specified in regulations) (or some related term) in its name or any registered business name under which it provides legal services to members of the public. (4)  This section has effect despite anything to the contrary in this Act. (5)  The regulations may make provision for or with respect to – (a) the application (with or without specified modifications) of provisions of this Act to complying community legal centres; and (b) the legal services provided by complying community legal centres or officers or employees of, or persons whose services are used by, complying community legal centres. (6) A regulation may provide that a breach of the regulations is capable of constituting unsatisfactory professional conduct or professional misconduct by, in the case of a complying community legal centre, an Australian legal practitioner responsible for the breach. 219Application of legal profession rulesLegal profession rules, so far as they apply to Australian legal practitioners, also apply to Australian legal practitioners who are officers or employees of, or whose services are used by, a complying community legal centre, unless the rules otherwise provide. Chapter 3Conduct of legal practicePART 3.1Legal Profession RulesDivision 1Preliminary220PurposeThe purpose of this Part is to promote the maintenance of high standards of professional conduct by Australian legal practitioners and Australian-registered foreign lawyers by providing for the making and enforcement of rules of professional conduct that apply to them when they practise in this jurisdiction. Division 2Rules for Australian legal practitioners and Australian-registered foreign lawyers221Rules for Australian legal practitioners [Section 221 Amended by No. 68 of 2013, s. 5, Applied:01 Jan 2014] The prescribed authority may make rules about legal practice in this jurisdiction engaged in by Australian legal practitioners other than those legal practitioners practising solely as barristers. 221ARules for barristers [Section 221A Inserted by No. 68 of 2013, s. 6, Applied:01 Jan 2014] (1) The Tasmanian Bar may make rules about legal practice in this jurisdiction engaged in by Australian legal practitioners who practise solely as barristers. (2) The rules made under subsection (1) may adopt, either wholly or in part and with or without modification, and either specifically or by reference, the Australian Bar Association model rules whether made before or after the commencement of this section. (3)  A reference in subsection (2) to the Australian Bar Association model rules includes a reference to an amendment of those rules. (4) The rules made under subsection (1) may rescind Part 8 of the Rules of Practice 1994. 222Rules for Australian-registered foreign lawyersThe prescribed authority may make rules about engaging in legal practice in this jurisdiction as an Australian-registered foreign lawyer. 223Subject matter of legal profession rules (1) Legal profession rules for Australian legal practitioners or Australian-registered foreign lawyers may make provision about any aspect of legal practice, including standards of conduct expected of practitioners or lawyers to whom the rules apply. (2) The power to make rules is not limited to any matters for which this Act specifically authorises the making of legal profession rules. 224Prior consultation with professional associations and Board (1)  [Section 224 Subsection (1) amended by No. 68 of 2013, s. 7, Applied:01 Jan 2014] If the prescribed authority or the Tasmanian Bar proposes to make legal profession rules under this Part, it must consult with the Board and any relevant professional association before publishing notice of the proposed rules under section 225. (2)  In this section – [Section 224 Subsection (2) amended by No. 68 of 2013, s. 7, Applied:01 Jan 2014] professional association means the Law Society, the Tasmanian Bar or other prescribed body. 225Public notice of proposed legal profession rules (1)  [Section 225 Subsection (1) amended by No. 68 of 2013, s. 8, Applied:01 Jan 2014] The prescribed authority or the Tasmanian Bar proposing to make legal profession rules under this Division must ensure that a notice is published, in the Gazette and in each of the daily newspapers published and circulating in this jurisdiction – (a) explaining the object of the proposed rule; and (b) advising where or how a copy of the proposed rule may be accessed, obtained or inspected; and (c) inviting comments and submissions within a specified period of not less than 21 days from the date of first publication of the notice. (2)  [Section 225 Subsection (2) amended by No. 68 of 2013, s. 8, Applied:01 Jan 2014] The prescribed authority or the Tasmanian Bar must ensure that a copy of the proposed rule is given to the Minister and the Board before the notice is published. (3)  [Section 225 Subsection (3) amended by No. 68 of 2013, s. 8, Applied:01 Jan 2014] The prescribed authority or the Tasmanian Bar must not make the rule before the end of the period specified in the notice for making comments and submissions and must ensure that any comments and submissions received within that period are appropriately considered. (4)  [Section 225 Subsection (4) amended by No. 68 of 2013, s. 8, Applied:01 Jan 2014] However, the prescribed authority or the Tasmanian Bar may make the rule before the end of the period specified in the notice for making comments and submissions if – (a) [Section 225 Subsection (4) amended by No. 68 of 2013, s. 8, Applied:01 Jan 2014] the prescribed authority or the Tasmanian Bar considers that the urgency of the case warrants immediate action; and (b) [Section 225 Subsection (4) amended by No. 68 of 2013, s. 8, Applied:01 Jan 2014] the notice indicates that the prescribed authority or the Tasmanian Bar is of that view and intends to act immediately. (5)  Subsections (1), (2), (3) and (4) do not apply to a proposed rule that the Minister considers does not warrant publication because of its minor or technical nature. Division 3Rules for incorporated legal practices and multi-disciplinary partnerships226Rules (1)  [Section 226 Subsection (1) amended by No. 66 of 2007, s. 3, Applied:09 Apr 2008] The prescribed authority may make legal profession rules for or with respect to the following matters: (a) the provision of legal services by or in connection with incorporated legal practices or multi-disciplinary partnerships, and in particular the provision of legal services by – (i) officers or employees of incorporated legal practices; or (ii) partners or employees of multi-disciplinary partnerships; (b) the provision of services that are not legal services by or in connection with incorporated legal practices or multi-disciplinary partnerships, but only if the provision of those services by – (i) officers or employees of incorporated legal practices; or (ii) partners or employees of multi-disciplinary partnerships – may give rise to a conflict of interest relating to the provision of legal services. (2)  Without limiting subsection (1), legal profession rules may be made for or with respect to professional obligations relating to legal services provided by or in connection with incorporated legal practices or multi-disciplinary partnerships. (3) However, the legal profession rules cannot – (a) regulate any services that an incorporated legal practice may provide or conduct (other than the provision of legal services, or other services that may give rise to a conflict of interest relating to the provision of legal services); or (b) regulate or prohibit the conduct of officers or employees of an incorporated legal practice (other than in connection with the provision of legal services, or other services that may give rise to a conflict of interest relating to the provision of legal services); or (c) regulate any services that a multi-disciplinary partnership or partners or employees of a multi-disciplinary partnership may provide or conduct (other than the provision of legal services, or other services that may give rise to a conflict of interest relating to the provision of legal services); or (d) regulate or prohibit the conduct of partners or employees of a multi-disciplinary partnership (other than in connection with the provision of legal services, or other services that may give rise to a conflict of interest relating to the provision of legal services). (4) The power to make rules is not limited to any matters for which this Act specifically authorises the making of legal profession rules. Division 4General227Binding nature of legal profession rules (1) Legal profession rules are binding on Australian legal practitioners and Australian-registered foreign lawyers to whom they apply. (2) Failure to comply with legal profession rules is capable of constituting unsatisfactory professional conduct or professional misconduct. 228Availability of rules [Section 228 Amended by No. 68 of 2013, s. 9, Applied:01 Jan 2014] The prescribed authority or the Tasmanian Bar must ensure that the legal profession rules are available for public inspection (including on its internet site, if any, or on any other internet site determined by the prescribed authority or the Tasmanian Bar). 229Rule-making procedureLegal profession rules made under this Part are – (a) statutory rules within the meaning of the Rules Publication Act 1953; and (b) subordinate legislation for the purposes of the Subordinate Legislation Act 1992. PART 3.2Trust Money and Trust AccountsDivision 1Preliminary230PurposesThe purposes of this Part are as follows: (a) to ensure trust money is held by law practices in a way that protects the interests of persons for or on whose behalf money is held, both inside and outside this jurisdiction; (b) to minimise compliance requirements for law practices that provide legal services within and outside this jurisdiction; (c) to ensure the prescribed authority can work effectively with corresponding authorities in other jurisdictions in relation to the regulation of trust money and trust accounts. 231Interpretation (1)  In this Part – deposit record includes a deposit slip or duplicate deposit slip; external examination means an external examination under Division 5 of a law practice’s trust records; external examiner means a person holding an appointment as an external examiner under Division 5; investigation means an investigation under Division 4 of the affairs of a law practice; investigator means a person holding an appointment as an investigator under Division 4; permanent form, in relation to a trust record, means printed or, on request, capable of being printed in English on paper or other material; power includes authority; transit money means money received by a law practice subject to instructions to pay or deliver it to a third party, other than an associate of the practice; trust money means money entrusted to a law practice in the course of or in connection with the provision of legal services by the practice, and includes – (a) money received by the practice on account of legal costs in advance of providing the services; and (b) controlled money received by the practice; and (c) transit money received by the practice; and (d) money received by the practice, that is the subject of a power, exercisable by the practice or an associate of the practice, to deal with the money for or on behalf of another person; trust records includes the following documents: (a) receipts; (b) cheque butts or cheque requisitions; (c) records of authorities to withdraw by electronic funds transfer; (d) deposit records; (e) trust account ADI statements; (f) trust account receipts and payments cash books; (g) trust ledger accounts; (h) records of monthly trial balances; (i) records of monthly reconciliations; (j) trust transfer journals; (k) statements of account as required to be furnished under the regulations; (l) registers required to be kept under the regulations; (m) monthly statements required to be kept under the regulations; (n) files relating to trust transactions or bills of costs or both; (o) written directions, authorities or other documents required to be kept under this Act or the regulations; (p) supporting information required to be kept under the regulations in relation to powers to deal with trust money. (2) A reference in this Part to a law practice’s trust account or trust records includes a reference to an associate’s trust account or trust records. (3) A reference in this Part to a power given to a law practice or an associate of the practice to deal with money for or on behalf of another person is a reference to a power given to the practice or associate that is exercisable by – (a) the practice alone; or (b) an associate of the practice alone (otherwise than in a private and personal capacity); or (c) the practice or an associate of the practice jointly or severally, or jointly and severally, with either or both of the following: (i) one or more associates of the practice; (ii) the person, or one or more nominees of the person, for whom or on whose behalf the money may or is to be dealt with under the power. 232Money involved in financial services or investments (1) Money that is entrusted to or held by a law practice for or in connection with – (a) a financial service provided by the practice or an associate of the practice in circumstances where the practice or associate is required to hold an Australian financial services licence covering the provision of the service (whether or not such a licence is held at any relevant time); or (b) a financial service provided by the practice or an associate of the practice in circumstances where the practice or associate provides the service as a representative of another person who carries on a financial services business (whether or not the practice or associate is an authorised representative at any relevant time) – is not trust money for the purposes of this Act. (2)  Without limiting subsection (1), money that is entrusted to or held by a law practice for or in connection with – (a) a managed investment scheme; or (b) mortgage financing; or (c) a mortgage investment scheme – undertaken by the practice is not trust money for the purposes of this Act. (3)  Without limiting subsections (1) and (2), money that is entrusted to or held by a law practice for investment purposes, whether on its own account or as agent, is not trust money for the purposes of this Act, unless – (a) the money was entrusted to or held by the practice – (i) in the ordinary course of legal practice; and (ii) primarily in connection with the provision of legal services to or at the direction of the client; and (b) the investment is or is to be made – (i) in the ordinary course of legal practice; and (ii) for the ancillary purpose of maintaining or enhancing the value of the money or property pending completion of the matter or further stages of the matter or pending payment or delivery of the money or property to or at the direction of the client. (4)  In this section – Australian financial services licence, "authorised representative", "financial service" and "financial services business" have the same meanings as in Chapter 7 of the Corporations Act 2001 of the Commonwealth. 233Determinations about status of money (1) This section applies to money received by a law practice if the prescribed authority considers that there is doubt or a dispute as to whether the money is trust money. (2) The prescribed authority may determine that the money is or is not trust money. (3)  The prescribed authority may revoke or modify a determination under this section. (4) While a determination under this section is in force that money is trust money, the money is taken to be trust money for the purposes of this Act. (5) While a determination under this section is in force that money is not trust money, the money is taken not to be trust money for the purposes of this Act. (6)  This section has effect subject to a decision of a court made in relation to the money concerned. 234Application of Part to law practices and trust money (1) This Part applies to the following law practices in respect of trust money received by them in this jurisdiction: (a) a law practice that has an office in this jurisdiction, whether or not the practice has an office in another jurisdiction; (b) a law practice that does not have an office in any jurisdiction at all.

(3) If a local legal practitioner fails to pay a levy in accordance with this Part, the Board may suspend the local legal practitioner’s practising certificate while the failure continues. 593Delegation by BoardThe Board may delegate any of its functions or powers under this or any other Act other than this power of delegation and the making of a determination under Chapter 4. 594ContractsThe Board may enter into a contract with any person for the performance or exercise by that person of any of the Board’s functions or powers under this Act or any other Act except the making of a determination under Chapter 4. 595Committees (1) The Board may establish such committees as it considers necessary for the purpose of assisting it in the performance of any of its functions or the exercise of any of its powers or advising it on any matter relating to this Act. (2) A committee comprises such persons as the Board appoints. (3) A member of the Board may be a member of a committee. (4)  Subject to subsection (5), a member of a committee may be paid such remuneration and allowances as the Board may from time to time determine and any such remuneration and allowances are to be paid by the Board. (5)  A member of a committee who is a State Service officer or State Service employee is not entitled to remuneration under subsection (4) except with the approval of the Minister administering the State Service Act 2000. (6) The Board may give written directions to a committee and the committee must comply with those directions. (7)  A committee is to keep accurate minutes of its proceedings. (8)  Except as otherwise provided in this Act, a committee may regulate its own proceedings. 596Employees (1) The Board is to appoint a suitably qualified person as the executive officer of the Board and may appoint such other persons as it considers necessary. (2) The executive officer is to act as secretary to the Board. (3)  The State Service Act 2000 does not apply to persons appointed by the Board. Division 3Rules of Board597General rules (1) The Board may make rules for the purposes of performing its functions and exercising its powers under this Act. (2) Rules made under subsection (1) may be made subject to conditions, or be made so as to apply differently according to factors, limitations or restrictions, as are specified in the rules. (3) Rules made under subsection (1) are not statutory rules within the meaning of the Rules Publication Act 1953. (4)  The Subordinate Legislation Act 1992 does not apply to rules under subsection (1). Division 4Finance and reports598Funds of Board (1) The Board is authorised to keep such ADI accounts as it considers necessary. (2) The funds of the Board are to be paid to the credit of such of its ADI accounts as it determines and are to consist of money received by the Board from any source. (3) The funds of the Board are to be applied – (a) for the purposes of this Act, which include the administration and enforcement of regulations or rules made under this Act; and (b) in payment or discharge of the expenses, charges and obligations incurred or undertaken by the Board in the performance of its functions or the exercise of its powers; and (c) in payment of the expenses incurred by the Tribunal in the performance of its functions or the exercise of its powers; and (d) where considered necessary by the Board, in payment to any person or prescribed authority in connection with any of the person’s or prescribed authority’s functions under this Act; and (e) in payment of any remuneration payable by the Board. (4) The Board may invest any money that it is holding in any manner in which a trustee is authorised by law to invest funds. 599AccountsThe Board is to keep proper accounts and records of its financial affairs and, not later than 15 August after the end of each financial year, prepare a statement of accounts in a form approved by the Auditor-General exhibiting a true and correct view of the financial position and transactions of the Board for that financial year. 600Audit [Section 600 Amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019] The accounts of the Board are subject to the Financial Management Act 2016. 601Annual report (1) The Board is to, on or before 31 August after the end of each financial year, prepare and present to the Minister a report on its operations for that financial year. (2)  The report is to contain – (a) an audited statement of accounts prepared for that financial year under section 599; and (b) a statement regarding the number and nature of complaints received and matters subject to investigation or hearing; and (c) information as to the handling of complaints including information relating to the number of complaints dismissed and the number of uncompleted matters outstanding at the end of the financial year; and (d) the outcome of disciplinary action taken during the year to which the report relates; and (e) the report of the Tribunal provided in accordance with section 617 (Report of Tribunal); and (f) the report of the prescribed authority provided in accordance with section 653 (Prescribed authority to report to Board); and (g) any other matters the Board considers relevant; and (h) such other information as the Minister may require. (3) The Minister is to cause a copy of the Board’s report to be laid before each House of Parliament not later than 31 October after the end of the financial year to which it relates. Division 5Miscellaneous602Confidentiality (1) Subject to this section, a member of the Board, a member of a committee of the Board or a person employed or engaged on work related to the affairs of the Board must not divulge information that comes to his or her knowledge by virtue of that office or position except – (a) in the course of, and for a purpose related to, carrying out the duties of that office or position; or (b) as may be authorised by or under this Act or any other Act; or (c) in evidence before a court in which proceedings arising from matters subject to a report of the Board have been brought. Penalty:  Fine not exceeding 100 penalty units. (2)  Notwithstanding subsection (1), a person referred to in that subsection may divulge information referred to in that subsection to – (a) the Board; and (b) a prescribed authority; and (c) the Minister; and (d) a member of a law enforcement or prosecution authority of any jurisdiction, or of the Commonwealth, relating to a matter referred to the authority by the Minister or reported to the authority by the Board to which the information is relevant; and (e) a corresponding authority that has requested the information in connection with actual or possible disciplinary action against an Australian legal practitioner; and (f) a person to whom the Board has delegated its power to investigate pursuant to this Act. 603Protection from liability (1) An action does not lie against a member or employee of the Board or against a member of a committee of the Board for any act or omission by the member or employee, or by the Board or committee, in good faith and in the performance or purported performance of functions, or in the exercise or purported exercise of powers, under this Act. (2) An action does not lie against a person to whom the Board has delegated or contracted a function under this Act for any act or omission done by the person in good faith and in the performance or purported performance of functions, or in the exercise or purported exercise of powers, under this Act. (3)  A liability that would, but for this section, attach to – (a) a member or employee of the Board; or (b) a member of a committee of the Board; or (c) a natural person to whom the Board has delegated or contracted a function under this Act – attaches to the Board. PART 7.2Board of Legal Education604Board of Legal Education (1) The Board of Legal Education established under the Legal Practitioners Act 1959 is continued as a body corporate with a common seal. (2) The Board of Legal Education – (a) may acquire, hold, dispose of and otherwise deal with property; and (b) may sue and be sued in its corporate name. (3) The common seal is to be kept and used as authorised by the Board of Legal Education. (4) The execution of a document sealed by the Board of Legal Education is to be attested by 2 members of the Board of Legal Education. (5) All courts and persons acting judicially must take judicial notice of the imprint of the common seal on a document and presume that it was duly sealed by the Board of Legal Education. 605Membership of Board of Legal Education (1) The Board of Legal Education consists of the following members appointed by the Minister: (a) one judge nominated by the judges; (b) one person nominated by the Faculty of Law in the University of Tasmania who is a member of the academic staff of that Faculty; (c) a local legal practitioner nominated by the Board; (d) one person nominated by the Council of the University of Tasmania who is a local lawyer; (e) 2 persons nominated by the Law Society who are local legal practitioners. (2) The Board of Legal Education is to elect one of its members to be chairperson of the Board of Legal Education and that person holds office as chairperson for such term and on such conditions as are determined by the Board of Legal Education. (3)  If a nomination under subsection (1) is not made within 30 days after the date on which that nomination is required by the Minister to be made, the Minister may appoint suitably qualified persons for appointment under that subsection. (4)  Schedule 4 has effect with respect to members of the Board of Legal Education. (5)  Schedule 5 has effect with respect to meetings of the Board of Legal Education. 606Functions and powers of Board of Legal Education (1) The Board of Legal Education has the following functions: (a) to determine the subjects which candidates for admission to the legal profession under Part 2.2 (Admission of local lawyers) must pass; (b) to approve courses of practical instruction on the duties of an Australian legal practitioner; (c) such other functions as may be imposed by this Act. (2) The Board of Legal Education may do all things necessary or convenient to perform its functions. 607Secretary of Board of Legal Education [Section 607 Amended by No. 13 of 2012, s. 42, Applied:30 May 2012] A person may be appointed as secretary to the Board of Legal Education and may hold office in conjunction with State Service employment. 608Rules of Board of Legal Education (1) The Board of Legal Education may make rules for the purpose of performing its functions and exercising its powers under this Act. (2)  Without limiting subsection (1), rules may be made for any or all of the following purposes: (a) admission requirements regarding, and the approval of, academic qualifications and practical legal training; (b) the examination of applicants for admission to the legal profession and the assessment of their academic qualifications and practical legal training; (c) the assessment of qualifications and practical legal training of overseas qualified or trained applicants against the academic requirements and practical legal training requirements that apply to local applicants; (d) exemption of a person from the requirements of section 25(1)(a) or (b) (Eligibility for admission) as provided for by section 25(4); (e) accreditation of legal education and practical legal education courses; (f) abridging in specified circumstances any period of practical legal training required by the rules; (g) prescribing the fees and costs to be payable under the rules and providing for the waiver, refund or remission of fees; (h) any other matters relating to the admission of local lawyers insofar as they do not conflict with the admission rules. (3) Rules may be made subject to conditions, or be made so as to apply differently according to factors, limitations or restrictions, as are specified in the rules. (4) The Board of Legal Education rules must not require a person to satisfactorily complete before admission a period of supervised training that exceeds in length a period or periods equivalent to one full-time year (as determined in accordance with the rules). 609Rule-making procedureRules made under this Part are – (a) statutory rules within the meaning of the Rules Publication Act 1953; and (b) subordinate legislation for the purposes of the Subordinate Legislation Act 1992. PART 7.3Disciplinary Tribunal610Disciplinary Tribunal (1) The Disciplinary Tribunal is established. (2) The Tribunal consists of – (a) [Section 610 Subsection (2) amended by No. 68 of 2013, s. 31, Applied:01 Jan 2014] 10 Australian legal practitioners appointed by the judges from a panel of 15 Australian legal practitioners consisting of 4 legal practitioners nominated by the Tasmanian Bar and the balance to be nominated by the Law Society; and (b) 5 lay persons appointed by the judges on the nomination of the Minister. (3) The judges are to appoint a chairperson and deputy chairperson of the Tribunal from the practitioner members of the Tribunal. (4)  Schedule 6 has effect with respect to the membership of the Tribunal. 611Composition of Tribunal for proceedings (1) The functions and powers of the Tribunal may be performed and exercised by any 3 or more of its members, of whom – (a) one must be the chairperson or, in the absence of the chairperson, the deputy chairperson or, in the absence of both the chairperson and deputy chairperson, a practitioner member appointed by the chairperson; and (b) at least one must be a practitioner member; and (c) at least one must be a lay member. (2)  Subject to subsection (1), the chairperson of the Tribunal is to determine the members who are to constitute the Tribunal for a particular hearing. (3) The chairperson of the Tribunal may appoint as a special member of the Tribunal for a particular hearing a person whom the chairperson considers to have the skill, knowledge or experience that is relevant for the purposes of that hearing. (4)  A person referred to in subsection (3) may or may not be an Australian legal practitioner. (5)  Notwithstanding subsection (1), the chairperson or deputy chairperson of the Tribunal may sit alone for the purpose of making an interim order, giving directions or adjourning proceedings. (6)  The chairperson or deputy chairperson or practitioner member appointed by the chairperson under subsection (1)(a) is to preside at a Tribunal hearing. 612Change in composition (1) If one of the members (other than the member presiding) constituting the Tribunal for the purposes of a hearing vacates office or becomes incapable of sitting for any reason before the hearing is completed or a determination has been made in respect of the hearing, the hearing may be continued and completed by the remaining members. (2) If the member presiding or more than one member vacates office or becomes incapable of sitting before the Tribunal has completed the hearing or made a determination in respect of the hearing, the hearing is terminated and a new hearing may be commenced before the Tribunal constituted in accordance with this Part. (3) In a new hearing the Tribunal may have regard to the record of the proceedings before the Tribunal as previously constituted, including the record of any evidence taken in the proceeding. 613Immunity of members of TribunalAn action does not lie against a member of the Tribunal in respect of any act done by that member in good faith and in the exercise or purported exercise of any power conferred, or in the performance or purported performance of any function imposed, by this Act. 614Confidentiality (1) A member of the Tribunal or a person employed or engaged on work related to the affairs of the Tribunal must not divulge any information gained by virtue of that office or position except – (a) in the course of and for a purpose related to carrying out the duties of the office or position; or (b) as may be authorised by this Act or any other Act; or (c) as may be required by a court in relation to proceedings before the court. Penalty:  Fine not exceeding 100 penalty units. (2)  Notwithstanding subsection (1), a person referred to in that subsection may divulge information referred to in that subsection to – (a) the Tribunal; and (b) the Board; and (c) the prescribed authority; and (d) the Minister; and (e) a member of a law enforcement or prosecution authority of a jurisdiction, or of the Commonwealth, relating to a matter referred to the authority by the Minister or reported to the authority by the Tribunal to which the information is relevant; and (f) a corresponding authority that has requested the information in connection with actual or possible disciplinary action against an Australian legal practitioner. 615General functions and powers of Tribunal (1) The Tribunal must hear and determine any matter referred to it in an application made under Part 4.7 unless section 466(7)(b) or (c) applies to the matter. (2) If, during the course of a hearing, the Tribunal is of the opinion that a matter is one which should be heard and determined by the Supreme Court – (a) it may refer the matter to the Supreme Court to be dealt with as an application under section 486 (Applications to Supreme Court); and (b) it must suspend the hearing with effect from the date of the referral; and (c) it must advise the parties accordingly. (3) If, during the course of a hearing, the Tribunal is of the opinion that a related matter may constitute unsatisfactory professional conduct or professional misconduct, it may require the Board to conduct an investigation under Part 4.4. (4) The Tribunal may do all things necessary or convenient to be done for hearing and determining a matter to which an application under this Part relates. (5) The Tribunal may make rules for regulating the making, hearing and determining of applications under Part 4.7. (6) Rules made under this section are – (a) statutory rules within the meaning of the Rules Publication Act 1953; and (b) subordinate legislation for the purposes of the Subordinate Legislation Act 1992. 616Secretary to Tribunal (1)  Subject to subsection (2), the Tribunal is to appoint a secretary to the Tribunal to assist the Tribunal in the performance of its functions and the exercise of its powers under this Act. (2) The Tribunal must not appoint a person who is a member of the Board as secretary to the Tribunal. 617Report of Tribunal (1) The Tribunal must provide on or before 31 July after the end of each financial year to the Board a report, stating – (a) the number of applications made to it under section 464 for that financial year and the nature of those applications; and (b) the orders made by it in respect of those applications; and (c) any other information the Tribunal considers relevant. (2) The Board may require the Tribunal to provide further information in relation to any matter contained in a report provided under subsection (1). PART 7.4The Law Society of Tasmania618The Law Society (1) The Law Society of Tasmania established under the Law Society Act 1962 is continued as a body corporate with a common seal. (2) The Law Society – (a) may acquire, hold, dispose of and otherwise deal with property; and (b) may sue and be sued in its corporate name. (3) All courts and persons acting judicially must take judicial notice of the imprint of the common seal on a document and presume that it was duly sealed by the Law Society. 619Membership of Law Society (1) An Australian legal practitioner may become a member of the Law Society. (2) A barrister may become a member of the Law Society. (3) An Australian legal practitioner who is suspended or prohibited from practising as a barrister or Australian legal practitioner is not entitled to be a member of the Law Society and ceases to be a member during the period of the suspension or prohibition. (4) The Law Society may admit any person as an associate member of the Law Society on the terms and conditions prescribed by by-laws made under section 627. (5) The Law Society may expel a person as an associate member or member of the Law Society in accordance with by-laws made under section 627. 620Functions of Law SocietyThe Law Society has the following functions: (a) the promotion and representation of the legal profession; (b) the promotion of law reform; (c) any other functions as may be prescribed. PART 7.5The Council of the Law Society621The Council (1) The Council of the Law Society established under the Law Society Act 1962 is continued. (2) The Council consists of 16 members elected under by-laws made under section 627. (3) The quorum at any meeting of the Council is 9 members. (4) All acts and proceedings of the Council or of any person acting pursuant to any direction of the Council are, notwithstanding the subsequent discovery of any defect in the election of any member or that any person was disqualified from acting as, or incapable of being, a member, as valid as if the member had been duly elected and was qualified to act as, or capable of being, a member and as if the Council had been fully constituted. (5) Any act or proceeding of the Council or of any person acting pursuant to any direction of the Council is not invalidated or prejudiced only because, at the time when the act or proceeding was done, taken or commenced, there was a vacancy in the membership of the Council. 622Functions and powers of CouncilThe Council – (a) has the sole management of the Law Society, its affairs, funds, income and property for the purposes and benefit of the Law Society; and (b) may exercise the powers that are vested in the Law Society and do all acts and things that this Act directs or authorises to be done by the Law Society, except those powers, acts and things that are expressly required to be exercised or done by the Law Society in an ordinary general meeting or special general meeting. 623Executive committee (1) There is established an executive committee of the Council. (2) The executive committee consists of such members as may be prescribed under by-laws made by the Council. 624Records of Council proceedingsThe Council must keep records of its proceedings for a period of 10 years. 625Inspection of records of Council proceedingsThe Council must make available for inspection by a member of the Law Society at all reasonable times, without payment, records of its proceedings. 626DelegationThe Council, by resolution, may delegate to the executive committee or any person any of its functions or powers other than this power of delegation. 627Power of Council to make by-laws (1) The Council may, by resolution and in accordance with section 628, make by-laws with respect to any or all of the following: (a) the objects of the Law Society; (b) the custody and use of the common seal of the Law Society; (c) the promotion and representation of the legal profession and the Law Society; (d) the geographical areas of the State for the purpose of representation of members of the Council; (e) the determination of offices of the Law Society, the election of persons to those offices and their tenure; (f) the election of members of the Council and the tenure of their membership; (g) the membership of the executive committee; (h) the filling of any casual vacancy in any office of the Law Society, in the membership of the Council or in the membership of the executive committee; (i) the convening of and regulation of proceedings at ordinary general meetings and special general meetings of the Law Society and the conduct of business at those meetings; (j) the convening of and regulation of proceedings at meetings of the Council, the executive committee or a committee of the Council and the conduct of business by the Council, the executive committee or other committee; (k) the admission, resignation and expulsion of members and associate members of the Law Society; (l) the re-entry of persons who have ceased to be members or associate members of the Law Society; (m) the fees, levies and subscriptions payable in respect of membership by members and associate members of the Law Society; (n) the power of the Council to make rules of the Law Society for any purpose specified in the by-laws; (o) any other matter relating to the administration of the Law Society or giving effect to the objects of the Law Society. (2)  By-laws made under subsection (1) may be made subject to conditions, or be made so as to apply differently according to factors, limitations or restrictions, as are specified in the by-laws. 628Procedure relating to making of by-laws (1) A resolution by the Council to make any by-laws must be adopted on the affirmative vote of at least three-quarters of the members of the Council present and voting at the meeting. (2) The Executive Director of the Law Society is to cause a resolution to be published in all daily newspapers published and circulating in the State within one month of its adoption. (3) If, within one month of publication of a resolution, 25 or more members of the Law Society make a requisition for a special general meeting of the Law Society to consider the resolution, the Executive Director of the Law Society must convene a special general meeting as soon as reasonably practicable. (4) The Executive Director of the Law Society must give 15 days’ notice in writing to each member of the Law Society of a special general meeting to be held, stating the resolution to be considered at that meeting. (5)  A resolution considered by a special general meeting may be carried by a majority of the members present and voting at that meeting. (6)  A resolution carried under subsection (5) takes effect one month after the date on which it was so carried. (7)  If, within a period of one month of the publication of a resolution, a requisition is not made, the resolution takes effect – (a) when that period expires; or (b) at such later date as may be specified in the resolution. (8)  By-laws made under this Part are – (a) statutory rules within the meaning of the Rules Publication Act 1953; and (b) subordinate legislation for the purposes of the Subordinate Legislation Act 1992. 629Executive Director and other employees (1) The Council, on any terms and conditions it considers appropriate, may appoint and employ a person as Executive Director of the Law Society and such other persons as it deems necessary. (2) The Executive Director of the Law Society must – (a) keep all the necessary books and documents; and (b) carry out all instructions from the Law Society and the Council; and (c) perform all duties imposed on the Executive Director under this Act or under the by-laws made under section 627, the regulations or other rules. 630Institution of proceedings on behalf of Law Society (1) The Council may institute proceedings in the name of the Law Society. (2) Any proceedings instituted by the Council under subsection (1) are to be instituted on behalf of the Law Society. 631Law Society entitled to appear in certain proceedings (1) The Council may appoint an Australian legal practitioner to appear before a court or tribunal in a matter which affects the Law Society or its members or in which the Law Society is directly or indirectly concerned or interested. (2)  Without limiting subsection (1), the Law Society is entitled to appear – (a) in any proceedings instituted by the Council; and (b) in any proceedings in which a person seeks admission to the legal profession; and (c) in any proceedings which affect the Law Society or its members. 632Protection from liability (1) An action does not lie against a member of the Council or employee of the Law Society for any act or omission by the member of the Council or employee of the Law Society, in good faith and in the performance or purported performance of functions, or in the exercise or purported exercise of powers, under this Act. (2)  A liability that would, but for subsection (1), attach to a member of the Council, or an employee of the Law Society, attaches to the Law Society. PART 7.6Solicitors' Trust633Solicitors' Trust (1) The Solicitors’ Trust established under the Legal Practitioners Act 1959 and continued under the Legal Profession Act 1993 is continued as a body corporate with a common seal. (2) The Trust – (a) may acquire, hold, dispose of and otherwise deal with property; and (b) may sue and be sued in its corporate name. (3) All courts and persons acting judicially must take judicial notice of the imprint of the common seal on a document and presume that it was duly sealed by the Trust. 634Membership of Trust (1) The Trust consists of the following members appointed by the Governor: (a) 2 persons nominated by the Law Society and who are Australian legal practitioners; (b) one person nominated by the Minister and who is a member of – (i) the Australian Society of Certified Practising Accountants; or (ii) the Institute of Chartered Accountants in Australia. (2) The members of the Trust are to elect a chairperson of the Trust from the members of the Trust. (3)  If a nomination under subsection (1) is not made within 30 days after the date on which that nomination is required by the Governor to be made, the Governor may appoint suitably qualified persons under that subsection. (4)  Schedule 7 has effect with respect to the membership of the Trust. (5)  Schedule 8 has effect with respect to the meetings of the Trust. 635Functions and powers of Trust (1) The function of the Trust is to administer and manage the Guarantee Fund. (2) The Trust may do all things necessary or convenient to perform its functions. (3) The Trust may appoint and employ, on such terms as it thinks fit, such persons as may be necessary for the performance of its functions and exercise of its powers under this Part. 636Trust deposit accounts (1) The Trust is to establish in an ADI in Tasmania as many accounts as it thinks fit, to be known as trust deposit accounts. (2) The funds of a trust deposit account consist of all money deposited to the credit of that account pursuant to – (a) section 258 (Unclaimed money); and (b) section 352 (Deposit of trust money into designated trust deposit account); and (c) section 357 (Trust to invest interest). 637Application of funds in trust deposit accounts (1) The Trust may invest so much of the funds of a trust deposit account as it thinks proper in any of the ways trustees are authorised to invest trust funds under the Trustee Act 1898. (2) The Trust must apply any income arising from any funds invested by it under subsection (1)  – (a) firstly, in the payment of its operating expenses, including the remuneration of its members and the payment of persons appointed and employed by it under section 635; and (b) secondly, in the creation and maintenance of the Guarantee Fund. 638Accounts, reports and audit (1) The Trust must – (a) keep proper accounts and records in relation to all of its operations; and (b) as soon as practicable after 31 December in each year, prepare a statement of accounts exhibiting a true and correct view of the transactions of the Trust with respect to the period of 12 months ending on that date. (2)  The statement of accounts prepared under subsection (1) is to be submitted to a company auditor appointed by the Trust for examination and certification. (3) The Trust must provide to the Minister and the Board copies of the statement of accounts certified by a company auditor under subsection (2) within 14 days after the statement has been prepared. (4) The Trust must submit to the Minister and the Board a report in respect of its operations and financial position when required to do so by the Board or Minister. (5) For the purpose of enabling the Trust to keep proper accounts and records, the prescribed authority and the Board must make available when required by the Trust any of their relevant accounts and records. Chapter 8MiscellaneousPART 8.1Notices and Evidentiary Matters639Service of notices on local legal practitioners, locally registered foreign lawyers and law practices (1) For the purposes of this Act, a notice or other document may be served on, or given to, a local legal practitioner or locally registered foreign lawyer by – (a) delivering it personally to the practitioner or lawyer; or (b) sending it by post to the practitioner or lawyer at his or her address for service appearing on the register under section 88 (Register of local practising certificates); or (c) by faxing it to the practitioner’s or lawyer’s fax number; or (d) by emailing it to the practitioner’s or lawyer’s email address. (2) For the purposes of this Act, a notice or other document may be served on, or given to, a law practice by – (a) delivering it personally to a principal of the law practice; or (b) sending it by post to the practice at its usual or last known business address; or (c) leaving it at the practice’s usual or last known business address with a person on the premises who is apparently 16 or more years of age and apparently employed there; or (d) faxing it to the practice’s fax number; or (e) emailing it to the practice’s email address. (3) A notice or other document may also be served on, or given to, an incorporated legal practice in any other way that service of documents may be effected on a body corporate. 640Service on the Board or prescribed authorityFor the purposes of this Act, a notice or other document may be served on, lodged with or given to the Board or a prescribed authority – (a) by delivering it personally to the office of the Board or prescribed authority; or (b) by sending it by post to the office of the Board or prescribed authority. 641Service of notices on other personsFor the purposes of this Act, a notice or other document may be served on, or given to, a person (other than a person referred to in section 639 or 640 ) – (a) if the person is a natural person, by – (i) delivering it personally to the person; or (ii) sending it by post to the person at his or her usual or last known residential or business address; or (iii) leaving it at the person’s usual or last known residential or business address with a person on the premises who is apparently 16 or more years of age and apparently residing or employed there; or (b) if the person is a company within the meaning of the Corporations Act – (i) by delivering it personally to the registered office of the company; or (ii) by sending it by post to the registered office of the company; or (iii) in any other way that service of documents may be effected on a body corporate; or (c) if the person is an incorporated association within the meaning of the Associations Incorporation Act 1964, in accordance with section 28 of that Act. 642When is service effective?For the purposes of this Act, a notice or other document must be taken to have been served on, or given to, a person or law practice – (a) in the case of delivery in person, at the time the document is delivered; or (b) in the case of posting, 2 business days after the day on which the document was posted. 643Evidentiary matters (1)  A certificate sealed by, or signed on behalf of, the prescribed authority, specifying that, on a date or during a period specified in the certificate – (a) a person held or did not hold a local practising certificate; or (b) the local practising certificate of a person was subject to a specified condition or restriction – is, in the absence of proof to the contrary, proof of the matters stated in it. (2) A certificate issued by a regulatory authority of another jurisdiction that states that, on a date or during a period specified in the certificate – (a) a specified person was or was not the holder of an interstate practising certificate; or (b) that a specified interstate legal practitioner’s interstate practising certificate was or was not subject to a specified condition – is admissible in any legal proceedings and is evidence of the fact or facts so stated. (3)  A certificate that is issued by the domestic registration authority and that states that, on a date or during a period specified in the certificate – (a) a specified person was or was not a locally registered foreign lawyer; or (b) the registration of a specified locally registered foreign lawyer was or was not subject to a specified condition – is admissible in any legal proceedings and is evidence of the fact or facts so stated. (4)  A certificate that is issued by a foreign registration authority (within the meaning of Part 2.6 (Legal practice by foreign lawyers)) and that states that, on a date specified in the certificate, specified foreign regulatory action (within the meaning of Part 2.4 (Inter-jurisdictional provisions regarding admission and practising certificates)) was taken in relation to a person is admissible in any legal proceedings and is evidence of the fact or facts so stated. (5)  For the purposes of this section – domestic registration authority means the prescribed authority. PART 8.2General644Liability of principals (1) If a law practice contravenes, whether by act or omission, any provision of this Act or the regulations imposing an obligation on the practice, each principal of the practice is taken to have contravened the same provision, unless the principal establishes that – (a) the practice contravened the provision without the actual, imputed or constructive knowledge of the principal; or (b) the principal was not in a position to influence the conduct of the law practice in relation to its contravention of the provision; or (c) the principal, if in that position, used all due diligence to prevent the contravention by the practice. (2)  Subsection (1) does not affect the liability of the law practice for the contravention. (3) A contravention of a requirement imposed on a law practice by this Act is capable of constituting unsatisfactory professional conduct or professional misconduct by a principal of the practice. 645Injunctions (1)  Where a person has engaged, is engaging or is proposing to engage in conduct that constituted, constitutes or would constitute – (a) a contravention of this Act; or (b) attempting to contravene this Act; or (c) aiding, abetting, counselling or procuring a person to contravene this Act; or (d) inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene this Act; or (e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of this Act; or (f) conspiring with others to contravene this Act – the Supreme Court may, on the application of the Board, grant an injunction, on such terms as the Court thinks appropriate, restraining the first-mentioned person from engaging in the conduct and, if in the opinion of the Court it is desirable to do so, requiring that person to do any act or thing. (2)  Where an application for an injunction under subsection (1) has been made, the Supreme Court may, if the Court determines it to be appropriate, grant an injunction by consent of all the parties to the proceedings, whether or not the Court is satisfied that that subsection applies. (3) Where in the opinion of the Supreme Court it is desirable to do so, the Court may grant an interim injunction pending determination of an application under subsection (1). (4)  The Supreme Court may discharge or vary an injunction granted under subsection (1) or (3). (5) The power of the Supreme Court to grant an injunction restraining a person from engaging in conduct may be exercised – (a) whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; and (b) whether or not the person has previously refused or failed to do that act or thing; and (c) whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person refuses or fails to do that act or thing. (6) The Supreme Court must not require the Board or any other person, as a condition of granting an interim injunction, to give an undertaking as to damages. (7)  In this section – this Act includes the regulations and the legal profession rules. 646Disclosure of information by local regulatory authorities (1) A local regulatory authority may disclose information to another local regulatory authority about any matter relating to or arising under this Act or a corresponding law. (2) A local regulatory authority may disclose information to an interstate regulatory authority about any matter relating to or arising under this Act or a corresponding law. (3)  In this section – interstate regulatory authority means – (a) an authority having functions or powers under a corresponding law; or (b) a person or body prescribed, or of a class prescribed, by the regulations as an interstate regulatory authority; local regulatory authority means – (a) an authority having functions or powers under this Act; or (b) a person or body prescribed, or of a class prescribed, by the regulations as a local regulatory authority. 647Confidentiality of personal information (1)  A relevant person must not disclose to any other person, whether directly or indirectly, any personal information obtained by reason of being a relevant person.Penalty:  Fine not exceeding 25 penalty units. (2)  Subsection (1) does not apply to the disclosure of information – (a) to the extent that the disclosure is reasonably required to perform duties or exercise powers under this Act, the regulations or the legal profession rules or under any other Act or regulations made under any other Act; or (b) to the extent that the relevant person is expressly authorised, permitted or required to disclose the information under this Act, the regulations or the legal profession rules or under any other Act or regulations made under any other Act; or (c) with the prior consent in writing of the person to whom the information relates; or (d) to a court or tribunal in the course of legal proceedings; or (e) pursuant to an order of a court or tribunal under any Act or law; or (f) to the extent that the disclosure is reasonably required to enable the enforcement or investigation of the criminal law or a disciplinary matter. (3)  Subsection (1) extends to the disclosure of information that was disclosed under a corresponding law to a local regulatory authority or a relevant person. (4)  In this section – local regulatory authority means – (a) an authority having functions or powers under this Act; or (b) a person or body prescribed, or of a class prescribed, by the regulations as a local regulatory authority; personal information means information or an opinion (including information or an opinion forming part of a database), that is recorded in any form and whether true or not, about a natural person whose identity is apparent, or can be reasonably ascertained, from the information or opinion, but does not include information or an opinion of a kind prescribed by the regulations; relevant person means – (a) a local regulatory authority; or (b) a member or former member of a local regulatory authority; or (c) a person currently or previously employed by or acting at the direction of a local regulatory authority. 648Professional privilege or duty of confidence does not affect validity of or compliance with certain requirements (1)  This section applies to a requirement under – (a) section 254 (Reporting certain irregularities and suspected irregularities) to give written notice of an irregularity in connection with a trust account, a trust ledger account or trust money; or (b) section 546 (Power of receiver to require documents or information) to give access to documents or information; or (c) section 573 (Provisions relating to requirements under this Part) to produce documents, provide information or otherwise assist in, or co-operate with, an investigation. (2)  The validity of the requirement is not affected, and a person is not excused from complying with the requirement, on the ground of legal professional privilege or any other duty of confidence. 649Duty to report suspected offences (1) This section applies if the prescribed authority, Board or Tribunal suspects on reasonable grounds, after investigation or otherwise, that a person has committed an offence against any Act or law (other than a crime). (2) The prescribed authority, Board or Tribunal must – (a) report the suspected offence to the Commissioner of Police, or other appropriate prosecuting authority; and (b) make available to the Commissioner or authority the information and documents relevant to the suspected offence in its possession or under its control. (3)  The obligation under subsection (2)(b) to make available the information and documents continues while the prescribed authority, Board or Tribunal holds the relevant suspicion. 650Destruction of documentsA law practice or Australian legal practitioner may destroy or dispose of any documents held by the practice or practitioner relating to a matter after a period of 7 years has elapsed since the completion of the matter if the practice or practitioner has been unable, despite making reasonable efforts, to obtain instructions from the client to whom the documents relate as to the destruction or disposal of the documents. 651Change of name (1) If a body referred to in this Act changes its name, the Governor, by order, may amend the provisions of this Act in which the name of the body occurs by substituting the body’s new name. (2) If a body referred to in this Act ceases to exist, the Governor, by order, may amend the provisions of this Act in which the name of the body occurs by substituting the name of a body which the Governor is satisfied substantially represents the interests represented by the first-mentioned body. 652Approved formsAn authority having a function or power under this Act may approve application forms and other forms for use in connection with that function or power. 653Prescribed authority to report to Board (1) In the performance of any of its functions under this Act, the prescribed authority is to report to the Board any matter of which it becomes aware that may give rise to disciplinary action unless the matter is or has already become the subject of a complaint under Chapter 4. (2) The prescribed authority, on receipt of a request made by the Board, is to provide to the Board a report relating to the performance of any of its functions under this Act. (3) The prescribed authority, on or before 1 August after the end of each financial year, is to prepare and present to the Board a report on its operations for that financial year. (4) The report is to contain such other information as the Board may require. 654Request for information, &c. (1) The Board may request the Law Society to provide it with any records or information requested by the Board. (2) The Law Society must comply with the request of the Board. 655Confidentiality of prescribed authority (1) Subject to this section, a member of a prescribed authority or a person employed or engaged on work related to the affairs of the prescribed authority must not divulge information that comes to his or her knowledge by virtue of that office or position except – (a) in the course of, and for a purpose related to, carrying out the duties of that office or position; or (b) as may be authorised by or under this Act or any other Act; or (c) in evidence before a court in which proceedings, arising from matters subject to a report of the Board, have been brought. Penalty:  Fine not exceeding 100 penalty units. (2)  Notwithstanding subsection (1), a person referred to in that subsection may divulge information referred to in that subsection to – (a) the Board; and (b) a prescribed authority; and (c) the Minister; and (d) a member of a law enforcement or prosecution authority of any jurisdiction, or of the Commonwealth, relating to a matter referred to the authority by the Minister or reported to the authority by the Board or prescribed authority to which the information is relevant; and (e) a corresponding authority that has requested the information in connection with actual or possible disciplinary action against an Australian legal practitioner; and (f) a person to whom the Board has delegated its power to investigate pursuant to this Act. 656Protection from liability for prescribed authority (1) An action does not lie against a member or employee of a prescribed authority for any act or omission by the member or employee, or by the prescribed authority, in good faith and in the performance or purported performance of functions, or in the exercise or purported exercise of powers, under this Act. (2)  A liability that would, but for this section, attach to a member or employee of a prescribed authority attaches to the prescribed authority. 657Trust not obliged to pay liquidator's costsNotwithstanding section 16 of the Acts Interpretation Act 1931, the Trust is not obliged to apply the funds of the Guarantee Fund in payment of any remuneration payable to, and costs incurred by, a liquidator appointed under section 601EE of the Corporations Act 2001 of the Commonwealth to wind up an unregistered managed investment scheme operated by a law practice on the application of the Australian Securities and Investments Commission or a member of that scheme. 658Regulations (1)  The Governor may make regulations for the purposes of this Act. (2)  Without limiting the generality of subsection (1), the regulations may be made for or with respect to – (a) prescribing fees to be paid for practising certificates; and (b) prescribing levies payable by local legal practitioners. (3)  The regulations may be made so as to apply differently according to such factors as are specified in the regulations. (4)  The regulations may – (a) provide that a contravention of any of the regulations is an offence; and (b) in respect of such an offence, provide for the imposition of a fine not exceeding 100 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues. (5)  The regulations may authorise any matter to be from time to time determined, applied or regulated by any person or body specified in the regulations. (6)  The regulations may be made – (a) so as to apply at all times or at a specified time; and (b) so as to require matters affected by the regulations to be – (i) in accordance with specified standards or specified requirements; or (ii) approved by or to the satisfaction of specified persons or bodies or specified classes of persons or bodies; or (iii) as specified in both subparagraphs (i) and (ii); and (c) so as to apply, adopt or incorporate any matter contained in any document whatsoever whether – (i) wholly or partially or as amended by the regulations; or (ii) as in force at a particular time or as in force from time to time; and (d) so as to confer a discretionary authority or impose a duty on specified persons or bodies or specified classes of persons or bodies; and (e) so as to provide in specified cases or classes of cases for the exemption of persons or things or classes of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified. 659Administration of ActUntil provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990  – (a) the administration of this Act is assigned to the Minister for Justice and Workplace Relations; and (b) the department responsible to that Minister in relation to the administration of this Act is the Department of Justice. 660Savings and transitional provisionsThe savings and transitional provisions set out in Schedule 9 have effect. 660AValidation of appointments [Section 660A Inserted by No. 19 of 2021, s. 14, Applied:05 Nov 2021] (1)  In this section – relevant office means – (a) the office of a member of the Tribunal; and (b) the office of the chairperson of the Tribunal; and (c) the office of the deputy chairperson of the Tribunal; validation day means the day on which the Validation Act 2021 commences. (2)  If a person was a legal practitioner who was, before 22 June 2021, purportedly appointed to a relevant office for a period, then, despite any other provision of this Act – (a) the person is to be taken to have been, and to always have been, validly appointed to the relevant office for the period – (i) beginning on and from the day on which the person was purportedly appointed to the office; and (ii) ending on the day on which, if the person had been validly appointed to the relevant office, the person would have ceased to hold the office; and (b) the purported performance or purported exercise, by the person, during the period, of a function or power of a holder of the relevant office is not to be taken to be, or to ever have been, invalid by reason only that the person was not, but for this section, validly appointed to the relevant office for the period; and (c) the Tribunal is not to be taken to be, or to ever have been, invalidly constituted by reason only that, before the validation day, the person was not, but for this section, validly appointed to the relevant office for the period. 660BValidation of by-laws [Section 660B Inserted by No. 8 of 2023, s. 7, Applied:23 Jun 2023] (1)  In this section – member means member of the Law Society; relevant Council, in respect of a decision or action taken under the 2012 By-laws during the relevant period, means the Council as constituted under the 2012 By-laws at the time at which the decision or action was taken; relevant period means the period commencing on 1 December 2012 and ending on 31 January 2023; 2012 By-laws means the Law Society By-laws 2010, made at a meeting of the Council of the Law Society of Tasmania on 20 October 2012 and known as Statutory Rule 114 of 2012. (2)  The 2012 By-laws are taken to have been validly made, and in force, under this Act for the duration of the relevant period. (3)  Each of the following actions taken, or purportedly taken, during the relevant period is not invalid solely on the basis that the action was taken during the relevant period: (a) a decision made, or other action taken, by the relevant Council under the 2012 By-laws; (b) a decision made, or other action taken, under the 2012 By-laws by the executive committee, of the relevant Council, elected in accordance with the 2012 By-laws; (c) a decision made, or other action taken, in accordance with the 2012 By-laws that relates to the assets and finances of the Law Society; (d) a decision made, or other action taken, under the 2012 By-laws by a regional committee established in accordance with the 2012 By-laws; (e) a decision made, or other action taken, by the executive director of the Law Society in accordance with the 2012 By-laws; (f) an election held under the 2012 By-laws; (g) the filling of a casual vacancy, in the membership of the relevant Council, in accordance with the 2012 By-laws; (h) a meeting, including a general meeting, held in accordance with the 2012 By-laws; (i) a decision or resolution made at a meeting referred to in paragraph (h); (j) a resolution to expel a member, or a decision not to expel a member, that was made under the 2012 By-laws; (k) the suspension of a person’s membership, or of a right, privilege or benefit of membership, that was made under the 2012 By-laws; (l) the approval of, or refusal to approve, an application made under the 2012 By-laws; (m) the payment of a fee required to be paid under the 2012 By-laws; (n) the affixing of the common seal of the Law Society in accordance with the 2012 By-laws. (4)  For the avoidance of doubt, subsection (3) applies to each occurrence of an action specified in that subsection that occurred during the relevant period. 661Repeal and rescission (1)  [Section 661 Subsection (1) substituted by No. 66 of 2007, s. 4, Applied:09 Apr 2008] A provision of the Legal Profession Act 1993 is repealed to the extent and from the day fixed by proclamation in respect of that provision.

[Commences: Never commenced

(2)  The Rules of Practice 1994 are rescinded.

]

Schedule 1Provisions with respect to hearings of Board under Chapter 4

Section 453

1.   Convening of hearings (1) The chairperson of the Board, after giving each member of the Board reasonable notice of a hearing, may convene a hearing of the Board at any time. (2) If the chairperson of the Board is absent from duty or otherwise unable to perform the duties of the office, a hearing of the Board may be convened, after reasonable notice of the hearing has been given, by a person authorised by the Board to do so. (3) For the purposes of subclauses (1) and (2), what constitutes reasonable notice is to be determined by the Board. 2.   Presiding at hearings (1) The chairperson of the Board is to preside at all hearings of the Board at which he or she is present. (2) If the chairperson of the Board is not present at a hearing of the Board, a member of the Board elected by the members present is to preside at the hearing. 3.   Quorum and voting at hearings (1) Four members of the Board, one of whom must be a person referred to in section 590(1)(d) (Membership of Board), constitute a quorum at a duly convened hearing of the Board for the purposes of section 450(a) (Powers of Board after investigation). (2) At a hearing of the Board – (a) the member of the Board presiding has a deliberative vote only; and (b) an issue is decided – (i) by a majority of votes of the members present and voting; or (ii) in the negative if there is an equality of votes of the members present and voting. 4.   Hearings to be open to public (1) Except as provided in subclause (2), a hearing of the Board is to be open to the public. (2) The Board may do any or all of the following at a hearing if it considers that there are reasonable grounds for doing so: (a) make an order that the hearing be closed to the public; (b) make an order excluding any person from the hearing; (c) make an order prohibiting the reporting or other disclosure of all or any of the proceedings at the hearing or prohibiting the reporting or other disclosure of particular information in respect of the hearing. (3) Without limiting the range of grounds that may be relevant for the purposes of subclause (2), the Board may exercise its power under that subclause if – (a) it is dealing with privileged information or information that has been communicated to the Board in confidence; or (b) it is dealing with information concerning the personal affairs, finances or business arrangements of an Australian legal practitioner or any other person; or (c) the disclosure of the proceedings or the information may be unfairly prejudicial to the reputation of an Australian legal practitioner or any other person. (4) If the Board makes an order under subclause (2)(b), the Board may determine who, other than the parties or their representative, may be present before it at any stage of the proceedings. 5.   Procedure (1) If the Board convenes a hearing, it is to serve a notice in writing on the Australian legal practitioner, requiring the practitioner to attend the hearing, not less than 14 days before the date of the hearing. (2) The Board may require a party to a complaint to provide evidence relating to the complaint. (3) In respect of a hearing of the Board, the Board may do any or all of the following: (a) summon any person whose evidence, in the opinion of the Board, appears to be material to the hearing; (b) proceed to hold a hearing in the absence of any person who has been duly summoned to appear; (c) take evidence by affidavit; (d) take evidence on oath or affirmation and, for that purpose, administer oaths and affirmations; (e) require any person to produce or to authorise another person to produce any documents or records, or class of documents or records, in that person’s possession or subject to that person’s control that, in the opinion of the Board, appear to be material to the hearing; (f) require a person who appears at the hearing to answer any questions that, in the opinion of the Board, appear to be material to the hearing; (g) adjourn the hearing from place to place and from time to time. (4) In respect of a hearing of the Board, the Board is not bound to observe the rules of law governing the admission of evidence but may inform itself of any matter in such manner as it thinks fit. (5) Except as provided by this Act, the Board may regulate its own procedure in relation to a hearing. (6) A person who fails without reasonable excuse to – (a) attend a hearing of the Board as required by the Board; or (b) take an oath or make an affirmation at a hearing of the Board; or (c) produce or authorise another person to produce any documents when required by the Board to do so; or (d) answer any question when required by the Board to do so; or (e) assist in the course of an investigation of the Board – is guilty of an offence.Penalty:  Fine not exceeding 10 penalty units. (7) If an Australian legal practitioner contravenes subclause (6), the Board may refer the complaint that is the subject matter of the hearing to the Tribunal by making an application to the Tribunal under section 464. 6.   Representation Each party to a complaint is entitled to be represented by an advocate at a hearing of the Board under Part 4.5. 7.   Disclosure of interests (1) If a member of the Board has or acquires an interest (whether pecuniary or otherwise) that would conflict with the proper performance of the member’s functions in relation to a matter being considered, or about to be considered, by the Board, the member must, as soon as practicable after the relevant facts come to the member’s knowledge, disclose the nature of the interest to the Board. (2) Unless the Board otherwise determines, a member of the Board who has made a disclosure under subclause (1) must not – (a) be present during any deliberation of the Board in relation to the matter; or (b) take part in any decision of the Board in relation to the matter. (3) For the purpose of the making by the Board of a determination under subclause (2), the member to whom the determination relates must not – (a) be present during any deliberation of the Board for the purpose of making the determination; or (b) take part in making the determination. 8.   Report to Minister The Board, if requested to do so by the Minister, must furnish the Minister with any information the Minister may require in relation to the proceedings of the Board. Schedule 2Provisions with respect to membership of Board

Section 590(4)

1.   Interpretation In this Schedule – member means a member of the Board, and includes the chairperson of the Board. 2.   Term of office (1) A member is appointed for such term, not exceeding 5 years, as is specified in the member’s instrument of appointment. (2) A member may serve any number of terms but may not serve more than 10 years in succession. 3.   Holding other office The holder of an office who is required under any Act to devote the whole of his or her time to the duties of that office is not disqualified from – (a) holding that office and also the office of a member; or (b) accepting any remuneration payable to a member. 4.   State Service Act 2000 (1) The State Service Act 2000 does not apply in relation to a member in his or her capacity as a member. (2) A person may hold the office of member in conjunction with State Service employment. 5.   Remuneration of members and conditions of appointment (1) A member is entitled to be paid such remuneration and allowances as the Minister determines. (2) A member who is a State Service employee or State Service officer is not entitled to remuneration or allowances under subclause (1) except with the approval of the Minister administering the State Service Act 2000. (3) A member holds office on such conditions in relation to matters not provided for by this Act as are specified in the member’s instrument of appointment. 6.   Vacation of office (1) A member vacates office if the member – (a) dies; or (b) resigns by written notice addressed to the Minister; or (c) is removed from office under subclause (2) or (3); or (d) ceases to be qualified for office by virtue of subclause (4). (2) The Governor may remove a member from office if the member – (a) is absent from 3 consecutive meetings of the Board without the permission of the Board; or (b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member’s creditors or makes an assignment of the member’s remuneration or estate for their benefit; or (c) is convicted, in Tasmania or elsewhere, of a crime or offence punishable by imprisonment for a term of 3 months or longer; or (d) fails, without reasonable excuse, to comply with the member’s obligation under clause 7 (Disclosure of interests) of Schedule 1 or 3; or (e) is convicted of an offence against this Act. (3) The Governor may remove a member from office if satisfied that the member is unable to perform, or is not performing adequately or competently, the duties of the office. (4) A member referred to in section 590(1) (Membership of Board) vacates office if he or she ceases to be eligible for appointment. 7.   Chairperson may resign but remain a member The chairperson of the Board may resign from that office but remain a member. 8.   Filling of casual vacancies If the office of – (a) a member referred to in section 590(1)(a) becomes vacant, the Minister is to appoint a local legal practitioner nominated by the Law Society to the vacant office for the remainder of that member’s term of office; or (b) [Schedule 2 Amended by No. 68 of 2013, s. 32, Applied:01 Jan 2014] a member referred to in section 590(1)(b) becomes vacant, the Minister is to appoint a local legal practitioner nominated by the Tasmanian Bar to the vacant office for the remainder of that member’s term of office; or (c) a member referred to in section 590(1)(c) becomes vacant, the Minister may appoint a local legal practitioner to the vacant office for the remainder of that member’s term of office; or (d) a member referred to in section 590(1)(d) becomes vacant, the Minister may appoint a lay person who has not completed the degree of Bachelor of Laws or equivalent, either in this State or in another jurisdiction, whether or not combined with any other degree, to the vacant office for the remainder of that member’s term of office. 9.   Validity of proceedings, &c. (1) An act or proceeding of the Board or of a person acting under any direction of the Board is not invalid by reason only that, at the time when the act or proceeding was done, taken or commenced, there was a vacancy in the office of a member. (2) All acts and proceedings of the Board or of a person acting under a direction of the Board are, despite the subsequent discovery of a defect in the appointment of a member or that any other person was disqualified from acting as, or was incapable of being, a member, as valid as if the member had been duly appointed and was qualified to act as, or was capable of being, a member, and as if the Board had been fully constituted. 10.   Presumptions In any proceeding by or against the Board, unless evidence is given to the contrary, proof is not required of – (a) the constitution of the Board; or (b) the appointment of any member. Schedule 3Provisions with respect to meetings of board

Section 590(5)

1.   Interpretation In this Schedule – meeting does not include a hearing under Chapter 4. 2.   Convening of meetings (1) The chairperson of the Board, after giving each member of the Board reasonable notice of a meeting – (a) may convene a meeting at any time; and (b) must convene a meeting when requested to do so by 2 or more other members. (2) If the chairperson of the Board is absent from duty or otherwise unable to perform the duties of the office, a meeting may be convened, after reasonable notice of the meeting has been given, by – (a) two or more members of the Board; or (b) a person authorised by the Board to do so. (3) For the purposes of subclauses (1) and (2), what constitutes reasonable notice is to be determined by the Board. 3.   Presiding at meetings (1) The chairperson of the Board is to preside at all meetings of the Board at which he or she is present. (2) If the chairperson of the Board is not present at a meeting of the Board, a member of the Board elected by the members present at the meeting is to preside. 4.   Quorum and voting at meetings (1) Four members of the Board, one of whom must be a person referred to in section 590(1)(d) (Membership of Board), constitute a quorum at a duly convened meeting of the Board. (2) Notwithstanding subclause (1), three members of the Board, two of whom must be persons referred to in section 590(1)(a), (b) or (c) and one of whom must be a person referred to in section 590(1)(d), constitute a quorum at a duly convened meeting of the Board for the purpose of dealing with a matter under section 456 (Procedure for less serious complaint). (3) A meeting of the Board under subclause (1) at which a quorum is present is competent to transact any business of the Board for which the meeting is convened. (4) A meeting of the Board under subclause (2) at which a quorum is present is competent to transact any business of the Board for which the meeting is convened. (5) At a meeting of the Board – (a) the member of the Board presiding has a deliberative vote only; and (b) a question is decided by a majority of votes of the members present and voting; and (c) if there is an equality of votes of the members present and voting, the matter stands adjourned until the next meeting. 5.   Conduct of meetings (1) Subject to this Act, the Board may regulate the calling of, and the conduct of business at, its meetings as it considers appropriate. (2) The Board may permit members of the Board to participate in a particular meeting or all meetings by – (a) telephone; or (b) video conference; or (c) any other means of communication approved by the Board. (3) A member of the Board who participates in a meeting under a permission granted under subclause (2) is taken to be present at the meeting. (4) Without limiting subclause (1), the Board may allow a person to attend a meeting for the purpose of advising or informing it on any matter. 6.   Minutes The Board is to keep accurate minutes of its meetings. 7.   Disclosure of interests (1) If a member of the Board has or acquires an interest (whether pecuniary or otherwise) that would conflict with the proper performance of the member’s functions in relation to a matter being considered, or about to be considered, by the Board, the member must, as soon as practicable after the relevant facts come to the member’s knowledge, disclose the nature of the interest to the Board. (2) Unless the Board otherwise determines, a member of the Board who has made a disclosure under subclause (1) in relation to a matter must not – (a) be present during any deliberation of the Board in relation to the matter; or (b) take part in any decision of the Board in relation to the matter. (3) For the purpose of the making by the Board of a determination under subclause (2), the member to whom the determination relates must not – (a) be present during any deliberation of the Board for the purpose of making the determination; or (b) take part in making the determination. 8.   Meetings to be open to public (1) Except as provided in subclauses (2), (3) and (4), a meeting of the Board is to be open to the public. (2) The Board may determine that a meeting convened in relation to, or part of a meeting that is to deal with, the investigation of a complaint is not to be open to the public. (3) A meeting of the Board convened for the purposes of section 456 (Procedure for less serious complaint) is not to be open to the public. (4) The Board may do any or all of the following at a meeting if it considers that there are reasonable grounds to do so: (a) make an order excluding any person from the meeting; (b) make an order prohibiting the reporting or other disclosure of all or any of the proceedings at the meeting or prohibiting the reporting or other disclosure of particular information in respect of the meeting. (5) Without limiting the range of grounds that may be relevant for the purposes of subclause (4), the Board may exercise its power under that subclause if – (a) it is dealing with privileged information or information that has been communicated to the Board in confidence; or (b) it is dealing with information concerning the personal affairs, finances or business arrangements of an Australian legal practitioner or any other person; or (c) the disclosure of the proceedings or the information may be unfairly prejudicial to the reputation of an Australian legal practitioner or any other person. 9.   Report to Minister The Board, if requested to do so by the Minister, must furnish the Minister with any information the Minister may require in relation to the proceedings of the Board. 10.   General procedure Except as provided by this Act, the Board may regulate its own proceedings. 11.   Presumptions In any proceeding by or against the Board, unless evidence is given to the contrary, proof is not required of – (a) any resolution of the Board; and (b) the presence of a quorum at any meeting of the Board. Schedule 4Provisions with respect to members of Board of Legal Education

Section 605(4)

1.   Interpretation In this Schedule – deputy means a person appointed as a deputy under clause 6; member means a member of the Board of Legal Education. 2.   Term of office A member is to be appointed for such period, not exceeding 3 years, as is specified in the member’s instrument of appointment and may be reappointed. 3.   Holding other office The holder of an office who is required under any Act to devote the whole of his or her time to the duties of that office is not disqualified from – (a) holding that office and also the office of member or deputy; or (b) accepting any remuneration payable to a member or deputy. 4.   State Service Act 2000 (1) The State Service Act 2000 does not apply in relation to a member or deputy in his or her capacity as a member or deputy. (2) A person may hold the office of member or deputy in conjunction with State Service employment. 5.   Remuneration of members (1) A member or deputy is entitled to be paid such remuneration and allowances as the Minister determines. (2) A member or deputy who is a State Service employee or State Service officer is not entitled to remuneration or allowances under subclause (1) except with the approval of the Minister administering the State Service Act 2000. (3) A member or deputy holds office on such conditions in relation to matters not provided for by this Act as are specified in the member’s or deputy’s instrument of appointment. 6.   Appointment of deputy (1) A member, with the approval of the Minister, may appoint another person to be the deputy of that member. (2) A deputy appointed under subclause (1) holds office for such period as the Minister may determine. (3) All things done or omitted to be done by a deputy while acting in the office of a member are as valid and have the same consequences as if they had been done or omitted to be done by that member. 7.   Vacation of office (1) A member may resign from office by written notice addressed to the Minister. (2) A member vacates office if he or she – (a) dies; or (b) resigns; or (c) is removed from office under subclause (3), (4) or (5). (3) The Minister may remove a member from office if the member – (a) is absent from 3 consecutive meetings of the Board of Legal Education without the permission of the Minister; or (b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member’s creditors or makes an assignment of the member’s remuneration or estate for their benefit; or (c) is convicted, in Tasmania or elsewhere, of a crime or offence punishable by imprisonment for a term of 12 months or longer; or (d) is convicted of an offence against this Act. (4) The Minister may remove a member or deputy from office if the Minister is satisfied that the member or deputy is unable to perform adequately or competently the duties of office. (5) The Minister may remove a member from office if – (a) the Minister is satisfied, having regard to the information supplied by the person who, or the body which, nominated that member, that the member is no longer qualified to be a member of the Board of Legal Education; or (b) that person or body recommends the removal of that member. (6) The appointment of any deputy of a member terminates if that member vacates office. 8.   Validity of proceedings (1) An act or proceeding of the Board of Legal Education or of a person acting under the direction of the Board of Legal Education is not invalid by reason only that, at the time when the act or proceeding was done, taken or commenced, there was a vacancy in the membership of the Board of Legal Education. (2) An act or proceeding of the Board of Legal Education or of a person acting under the direction of the Board of Legal Education is valid even if – (a) the appointment of a member was defective; or (b) a person appointed as a member was disqualified from acting as, or incapable of being, such a member. 9.   Filling of casual vacancies If the office of a member becomes vacant, the Minister may appoint a person to the vacant office for the remainder of that member’s term of office. 10.   Presumptions In any proceedings by or against the Board of Legal Education, unless evidence is given to the contrary, proof is not required of – (a) the constitution of the Board of Legal Education; or (b) the appointment of any member or deputy. Schedule 5Provisions with respect to meetings of Board of Legal Education

Section 605(5)

1.   Interpretation In this Schedule – member means a member of the Board of Legal Education or the deputy of a member of the Board of Legal Education. 2.   Convening of meetings of Board A meeting of the Board of Legal Education may be convened by the chairperson of the Board of Legal Education or by any 2 members. 3.   Procedure at meetings (1) The quorum at any duly convened meeting of the Board of Legal Education is 4 members. (2) Any duly convened meeting of the Board of Legal Education at which a quorum is present is competent to transact any business of the Board of Legal Education.

(3) Questions arising at a meeting of the Board of Legal Education are to be determined by a majority of votes of the members present and voting. 4.   Chairperson (1) The chairperson of the Board of Legal Education or his or her deputy is to preside at all meetings of the Board of Legal Education. (2) If the chairperson of the Board of Legal Education or his or her deputy is not present at a meeting of the Board of Legal Education, a member elected by the members present is to preside at that meeting. (3) The person presiding at a meeting of the Board of Legal Education has a deliberative vote and, in the event of an equality of votes, also has a casting vote. 5.   Conduct of meetings (1) Subject to this Act, the Board of Legal Education may regulate the calling of, and the conduct of business at, its meetings as it considers appropriate. (2) The Board of Legal Education may permit members of the Board of Legal Education to participate in a particular meeting or all meetings by – (a) telephone; or (b) video conference; or (c) any other means of communication approved by the Board of Legal Education. (3) A member of the Board of Legal Education who participates in a meeting under a permission granted under subclause (2) is taken to be present at the meeting. (4) Without limiting subclause (1), the Board of Legal Education may allow a person to attend a meeting for the purpose of advising or informing it on any matter. 6.   Minutes The Board of Legal Education is to cause accurate minutes to be kept of its meetings and must submit to the Minister a copy of the minutes of each meeting within 14 days after the date on which the meeting is held. 7.   General procedure Except as provided by this Act, the Board of Legal Education may regulate its own proceedings. 8.   Presumptions In any proceeding by or against the Board of Legal Education, unless evidence is given to the contrary, proof is not required of – (a) any resolution of the Board of Legal Education; and (b) the presence of a quorum at any meeting of the Board of Legal Education. Schedule 6Provisions with respect to membership of tribunal

Section 610(4)

1.   Interpretation In this Schedule – member means a member of the Tribunal and includes the chairperson or deputy chairperson of the Tribunal. 2.   Term of office A member is to be appointed for such term, not exceeding 3 years, as is specified in the instrument of appointment and is eligible for reappointment. 3.   Holding other office The holder of an office who is required under any Act to devote the whole of his or her time to the duties of the office is not disqualified from – (a) holding that office and also the office of a member; or (b) accepting and retaining any remuneration payable to a member. 4.   State Service Act 2000 (1) The State Service Act 2000 does not apply in relation to a member in his or her capacity as a member. (2) A person may hold the office of member in conjunction with State Service employment. 5.   Remuneration of members (1) A member is entitled to be paid such remuneration and allowances as the Minister determines. (2) A member who is a State Service employee or State Service officer is not entitled to remuneration or allowances under subclause (1) except with the approval of the Minister administering the State Service Act 2000. (3) A member holds office on such conditions in relation to matters not provided for by this Act as are specified in the member’s instrument of appointment. 6.   Vacation of office (1) A member vacates office if he or she – (a) dies; or (b) resigns by written notice addressed to the judges; or (c) is removed from office under subclause (2) or (3); or (d) ceases to be qualified for office by virtue of subclause (4). (2) The judges may only remove a member from office if the member – (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member’s creditors or makes an assignment of the member’s remuneration or estate for their benefit; or (b) is convicted, in Tasmania or elsewhere, of a crime or offence punishable by imprisonment for a term of 12 months or longer; or (c) fails, without reasonable excuse, to comply with the member’s obligations under clause 8; or (d) is convicted of an offence against this Act. (3) The judges may remove a member from office if they are satisfied that the member is unable to perform adequately or competently the duties of office. (4) A member referred to in section 610(2)(a) (Disciplinary Tribunal) vacates office if he or she ceases to be eligible for appointment. 7.   Filling of casual vacancies If the office of a member becomes vacant, the judges may appoint a person to the vacant office for the remainder of that member’s term of office. 8.   Disclosure of interests (1) If a member has or acquires an interest (whether pecuniary or otherwise) that would conflict with the proper performance of the member’s functions in relation to a matter being heard, or about to be heard, by the Tribunal, the member must, as soon as practicable after the relevant facts come to the member’s knowledge, disclose the nature of the interest to the Tribunal. (2) Unless the Tribunal otherwise determines, a member who has made a disclosure under subclause (1) in relation to a matter must not – (a) be present during any deliberation of the Tribunal in relation to the matter; or (b) take part in any decision of the Tribunal in relation to the matter. (3) For the purposes of the making by the Tribunal of a determination under subclause (2), the member to whom the determination relates must not – (a) be present during any deliberation of the Tribunal for the purpose of making the determination; or (b) take part in making the determination. 9.   Validity of proceedings (1) An act or proceeding of the Tribunal or of a person acting under the direction of the Tribunal is not invalid by reason only that, at the time when the act or proceeding was done, taken or commenced, there was a vacancy in the membership of the Tribunal. (2) An act or proceeding of the Tribunal or of a person acting under the direction of the Tribunal is valid even if – (a) the appointment of a member of the Tribunal was defective; or (b) a person appointed as a member of the Tribunal was disqualified from acting as, or incapable of being, such a member. 10.   Presumptions In any proceeding by or against the Tribunal, unless evidence is given to the contrary, proof is not required of – (a) the constitution of the Tribunal; or (b) the appointment of any member. Schedule 7Provisions with respect to membership of trust

Section 634(4)

1.   Interpretation In this Schedule – member means a member of the Trust and includes the chairperson of the Trust; substitute member means a person appointed under clause 6 to act as a substitute for a member. 2.   Term of office A member is to be appointed for such term, not exceeding 3 years, as is specified in the instrument of appointment and is eligible for reappointment. 3.   Holding other office The holder of an office who is required under any Act to devote the whole of his or her time to the duties of that office, is not disqualified from – (a) holding that office and also the office of a member; or (b) accepting any remuneration payable to a member. 4.   State Service Act 2000 (1) The State Service Act 2000 does not apply in relation to a member or substitute member in his or her capacity as a member. (2) A person may hold the office of member or substitute member in conjunction with State Service employment. 5.   Remuneration of members and substitute members and conditions of appointment (1) A member or substitute member is entitled to be paid such remuneration and allowances as the Minister determines. (2) A member or substitute member who is a State Service employee or State Service officer is not entitled to remuneration or allowances under subclause (1) except with the approval of the Minister administering the State Service Act 2000. (3) A member or substitute member holds office on such conditions in relation to matters not provided for by this Act as are specified in the member’s or substituted member’s instrument of appointment. 6.   Appointment of substitute (1) The members present at a meeting of the Trust may elect a member to act as substitute in the office of the chairperson of the Trust or appoint any person to act as substitute in the office of a member other than the chairperson of the Trust while the chairperson of the Trust or that member is absent from office through illness or any other cause. (2) For the purposes of subclause (1), a member, other than the chairperson of the Trust, is absent from office if the member is acting in the office of the chairperson of the Trust pursuant to subclause (1). (3) For the purposes of subclause (1), a member is absent from office if there is a vacancy in that office which has not been filled in accordance with clause 8. (4) Any thing done or omitted to be done by a substitute member while acting in the office of a member is as valid, and has the same consequences, as if it had been done or omitted to be done by that member. 7.   Vacation of office (1) A member vacates office if the member – (a) dies; or (b) resigns by written notice addressed to the Governor; or (c) is removed from office under subclause (2) or (3). (2) The Governor may remove a member from office if the member – (a) is absent from 3 consecutive meetings of the Trust without the permission of the Trust; or (b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member’s creditors or makes an assignment of the member’s remuneration or estate for their benefit; or (c) is convicted, in Tasmania or elsewhere, of a crime or offence punishable by imprisonment for a term of 3 months or longer; or (d) fails, without reasonable excuse, to comply with the member’s obligation under clause 7 (Disclosure of interests) of Schedule 8; or (e) is convicted of an offence against this Act. (3) The Governor may remove a member or substitute member from office if satisfied that the member or substitute member is unable to perform adequately or competently the duties of office. 8.   Filling of casual vacancy If the office of – (a) a member referred to in section 634(1)(a) (Membership of Trust) becomes vacant, the Minister may appoint a person on the nomination of the Law Society to the vacant office for the remainder of that member’s term of office; or (b) a member referred to in section 634(1)(b) becomes vacant, the Minister may appoint a person to the vacant office for the remainder of that member’s term of office. 9.   Validity of proceedings (1) An act or proceeding of the Trust or of a person acting under the direction of the Trust is not invalid by reason only that, at the time when the act or proceeding was done, taken or commenced, there was a vacancy in the office of a member. (2) An act or proceeding of the Trust or of a person acting under the direction of the Trust is valid and has effect, even if – (a) the appointment of a member or substitute member of the Trust was defective; or (b) a person appointed as a member or substitute member of the Trust was disqualified from acting as, or incapable of being, such a member. 10.   Presumptions In any proceedings by or against the Trust, unless evidence is given to the contrary, proof is not required of – (a) the constitution of the Trust; or (b) the appointment of any member or substitute member. Schedule 8Provisions with respect to meetings of Trust

Section 634(5)

1.   Interpretation In this Schedule, other than clause 2  – member means a member of the Trust or a substitute member of the Trust. 2.   Convening of meetings A meeting of the Trust may be convened by the chairperson of the Trust or any two members. 3.   Presiding at meetings (1) The chairperson of the Trust is to preside at all meetings of the Trust at which he or she is present. (2) If the chairperson of the Trust is not present at a meeting of the Trust, a member elected at that meeting to act as substitute in the office of the chairperson of the Trust is to preside. 4.   Quorum and voting at meetings (1) Two members of the Trust constitute a quorum at a duly convened meeting of the Trust. (2) A meeting of the Trust at which a quorum is present is competent to transact any business of the Trust. (3) At a meeting of the Trust – (a) the member of the Trust presiding has a deliberative vote; and (b) a question is decided by a majority of votes of the members present and voting; and (c) if there is an equality of votes of the members present and voting, the member of the Trust presiding also has a casting vote. 5.   Conduct of meetings (1) Subject to this Act, the Trust may regulate the calling of, and the conduct of business at, its meetings as it considers appropriate. (2) The Trust may permit members of the Trust to participate in a particular meeting or all meetings by – (a) telephone; or (b) video conference; or (c) any other means of communication approved by the Trust. (3) A member of the Trust who participates in a meeting under a permission granted under subclause (2) is taken to be present at the meeting. (4) Without limiting subclause (1), the Trust may allow a person to attend a meeting for the purpose of advising or informing it on any matter. 6.   Minutes The Trust is to keep accurate minutes of its meetings. 7.   Disclosure of interests (1) If a member of the Trust has or acquires an interest (whether pecuniary or otherwise) that would conflict with the proper performance of the member’s functions in relation to a matter being considered, or about to be considered, by the Trust, the member must, as soon as practicable after the relevant facts come to the member’s knowledge, disclose the nature of the interest to the Trust. (2) Unless the Trust otherwise determines, a member of the Trust who has made a disclosure under subclause (1) in relation to a matter must not – (a) be present during any deliberation of the Trust in relation to the matter; or (b) take part in any decision of the Trust in relation to the matter. (3) For the purpose of the making by the Trust of a determination under subclause (2), the member to whom the determination relates must not – (a) be present during any deliberation of the Trust for the purpose of making the determination; or (b) take part in making the determination. 8.   General procedure Except as provided by this Act, the Trust may regulate its own proceedings. 9.   Presumptions In any proceeding by or against the Trust, unless evidence is given to the contrary, proof is not required of – (a) any resolution of the Trust; and (b) the presence of a quorum at any meeting of the Trust. Schedule 9Savings and transitional provisions

Section 660

1.   Interpretation In this Schedule – old Act means the Legal Profession Act 1993. 2.   Roll of legal practitioners The Roll of the Legal Practitioners kept by the Supreme Court and in existence immediately before the commencement of Part 2.2 (Admission of local lawyers) is taken to be, or to form part of, the roll of local lawyers under section 35 (Roll of local lawyers). 3.   Admission A person – (a) who was admitted by the Supreme Court as a legal practitioner before the commencement of Part 2.2; and (b) whose enrolment by the Supreme Court was current or pending immediately before the commencement of Part 2.2  – is taken to have been admitted by the Supreme Court as a lawyer under this Act on the day on which the person was admitted as a legal practitioner. 4.   Admission as barrister A person admitted as a barrister under section 28 of the old Act is taken to be admitted as a lawyer under this Act on the day on which the person was admitted as a barrister, subject to the condition that the person may practise solely as a barrister. 5.   Applications for admission (1) An application for admission as a legal practitioner or barrister under the old Act that was pending immediately before the commencement of Part 2.2 of this Act is taken to be an application for admission as a lawyer under Part 2.2 of this Act. (2) The applicant may be admitted as a lawyer under this Act if the applicant could have been admitted as a legal practitioner or barrister under the old Act if Part 2.2 of this Act had not been enacted, and the admission requirements of this Act are taken to have been satisfied in relation to the applicant. 6.   Practising certificates (1)[Schedule 9 Amended by No. 57 of 2008, s. 4, Applied:16 Dec 2008] A practising certificate in force under the old Act immediately before the commencement of Part 2.3 of this Act – (a) is, on that commencement, taken to be in force under this Act; and (b) subject to the payment of the prescribed fee when and as duly demanded by the Law Society after that commencement, continues in force until midnight of 30 June immediately following that commencement. (2)[Schedule 9 Amended by No. 57 of 2008, s. 4, Applied:16 Dec 2008] For the purposes of subclause (1), the prescribed fee is one half of the fee that would have been payable for the issue of the practising certificate had the old Act not been repealed. (3) An application for a practising certificate under the old Act that was pending immediately before the commencement of Part 2.3 of this Act is taken to be an application for a local practising certificate under Part 2.3 of this Act. 7.   Foreign lawyers An approval to practise as a foreign lawyer under the old Act that is in force immediately before the commencement of Part 2.6 of this Act is taken to be registration under that Part. 8.   Incorporated legal practices (1) An incorporated legal practice that was, immediately before the commencement of Part 2.5 (Incorporated legal practices and multi-disciplinary partnerships), a legal practitioner corporation within the meaning of the old Act is taken to have complied with section 115(1) (Notice of intention to start providing legal services) of this Act. (2) Section 123 (Disclosure obligations) does not apply in respect of any matter for which services are first provided before the commencement of Part 2.5. 9.   Members of Law Society A person who, immediately before the commencement of section 619 (Membership of Law Society), was a member of the Law Society under the old Act is, on that commencement, a member of the Law Society under this Act. 10.   Members of Council A person who, before the commencement of section 621 (The Council), was elected as a member of the Council under the old Act holds office, on that commencement, as a member of the Council as if elected under the by-laws under section 627 (Power of Council to make by-laws) until the period for which the member was elected under the old Act expires. 11.   Delegations of powers of Council A power, the exercise of which has, before the commencement of Part 7.5 (The Council of the Law Society), been delegated to the Council under the old Act is, on that commencement, to be treated for all purposes as if it had been delegated under this Act. 12.   Executive Director of Law Society The person who, immediately before the commencement of Part 7.5, held office as Executive Director of the Law Society under the old Act holds office, on that commencement, as Executive Director of the Law Society as if appointed under this Act. 13.   Employees of Law Society A person who, immediately before the commencement of Part 7.5, was employed by the Council under the old Act is, on that commencement, taken to have been appointed and employed under this Act. 14.   Members of the Board of Legal Education A person who, immediately before the commencement of Part 7.2 (Board of Legal Education), was a member of the Board of Legal Education under the old Act holds office, on that commencement, as a member of the Board of Legal Education, as if appointed under this Act, until the period for which that member was nominated under the old Act expires. 15.   Secretary to Board of Legal Education The person who, immediately before the commencement of Part 7.2, held office as secretary to the Board of Legal Education under the old Act holds office, on that commencement, as secretary to the Board of Legal Education as if appointed under this Act. 16.   Solicitors’ Trust A person who, immediately before the commencement of Part 7.6 (Solicitors’ Trust), was a member of the Solicitors’ Trust established under the old Act holds office, on that commencement, as a member of the Trust as if appointed under this Act until the period for which the member was appointed under the old Act expires. 17.   Employees of Solicitors’ Trust A person who, immediately before the commencement of Part 7.6, was employed by the Solicitors’ Trust established under the old Act is, on that commencement, taken to have been appointed and employed under this Act. 18.   Client information and legal costs (1) Subject to subclause (2), Part 3.3 (Costs disclosure and assessment) applies to a matter if the client first instructs the law practice on or after the commencement of that Part, and Part 11 of the old Act continues to apply to a matter if the client first instructed the law practice in the matter before the commencement of Part 3.3 of this Act. (2) Part 3.3 does not apply, in respect of a law practice that is retained by another law practice on behalf of a client on or after the commencement of that Part, in relation to a matter in which the other law practice was retained by the client before the commencement of that Part, and in that case Part 11 of the old Act continues to apply. 19.   Taxation of costs Any taxation of costs commenced under Part 11 of the old Act before the commencement of Part 3.3 of this Act but not completed by that commencement may be completed under Part 11 of the old Act as if it had not been repealed. 20.   Professional indemnity insurance Professional indemnity insurance maintained by a legal practitioner under the old Act and in force immediately before the commencement of Part 3.4 (Professional Indemnity Insurance) of this Act is taken to be professional indemnity insurance under that Part. 21.   Trust money and trust accounts An offence is not committed under the provisions of Part 3.2 (Trust money and trust accounts) or of the regulations made for the purposes of that Part for anything done or omitted to be done in good faith during the period of 12 months after the commencement of this clause, if – (a) it was done for the purpose of attempting to comply with any of those provisions; or (b) it was done in substantial conformity with the requirements of the old Act or the Rules of Practice 1994 made under the old Act, had that Act and the Rules of Practice 1994 continued in force. 22.   Deficiencies in trust accounts Section 252 (Dealing with trust money: legal costs and unclaimed money) and section 253 (Deficiency in trust account) apply to a deficiency in a trust account or a failure to pay or deliver trust money whether the deficiency or failure to pay or deliver relates to money received before, on or after the commencement of Part 3.2 (Trust money and trust accounts). 23.   Defaults (1) Division 5 of Part 9 of the old Act continues to apply to a claim made against the Guarantee Fund under that Division and finalised before the commencement of Part 3.5 (Solicitors’ Guarantee Fund) of this Act. (2) Part 3.5 of this Act applies to a default occurring before the commencement of Part 3.5 if a claim had not been made or finalised under Division 5 of Part 9 of the old Act in respect of the default before that commencement. 24.   Complaints Any complaint made under Part 8 of the old Act as in force immediately before the commencement of Chapter 4 (Complaints and Discipline) of this Act – (a) that has not been dismissed or finally determined by the Council before that commencement; or (b) in relation to which a hearing has not begun under Part 8 of the old Act as in force immediately before that commencement; or (c) in relation to which an application has not been made under section 72 of the old Act as in force immediately before that commencement – is to be dealt with by the Board as if it were a complaint made to the Board under Chapter 4 of this Act. 25.   New complaints about old conduct (1) This clause applies to conduct that – (a) happened or is alleged to have happened before the commencement of Chapter 4; and (b) could have been, but was not, the subject of a complaint under the old Act. (2) A complaint about the conduct may be made and dealt with under Chapter 4 even if the conduct could not be the subject of a complaint under this Act if it had happened after the commencement of that Chapter. (3) Chapter 4 applies (with the necessary modifications) in relation to the conduct. (4) However, disciplinary action may not be taken against a person under this Act in relation to the conduct if it is more onerous than the disciplinary action that could have been taken against the person under the old Act in relation to the conduct. 26.   Hearing of complaints (1) If, immediately before the commencement of Chapter 4 (Complaints and Discipline) of this Act, a hearing had begun into a complaint made under Part 8 of the old Act as in force immediately before that commencement, but had not been concluded, the Council may – (a) terminate the hearing; or (b) continue and conclude the hearing as if Chapter 4 of this Act had not been enacted. (2) In making a decision under subclause (1), the Council may have regard to such matters as it considers appropriate, but must have particular regard to – (a) how far the hearing had progressed by the commencement of Chapter 4; and (b) fairness to the person who is the subject of the hearing; and (c) cost and inconvenience to any person; and (d) any submissions made to the Board by or on behalf of the person who is the subject of the hearing. (3) If a hearing is terminated under subclause (1)(a), the complaint is to be dealt with as if it were a complaint made to the Board under Chapter 4. (4) The Council, upon the conclusion of the hearing continued under subclause (1)(b), may take such action as it considers appropriate as if Chapter 4 had not been enacted. 27.   Application to Tribunal (1) If, before the commencement of Chapter 4 (Complaints and Discipline) of this Act, an application was made under section 72 of the old Act as in force immediately before that commencement, and a hearing in relation to the application had not commenced at that commencement, the application is taken on that commencement to be made under section 464 (Applications to Tribunal) of this Act. (2) If, immediately before the commencement of Chapter 4 of this Act, a hearing had begun into an application made under section 72 of the old Act as in force immediately before that commencement, but had not been concluded, the Tribunal, as constituted under the old Act as in force immediately before that commencement, may – (a) terminate the hearing; or (b) continue and conclude the hearing as if Chapter 4 of this Act had not been enacted. (3) If a decision is made to terminate the hearing under subclause (2)(a), the application is to be dealt with as if it were an application made to the Tribunal under section 464 of this Act. (4) In making a decision under subclause (2), the Tribunal may have regard to such matters as it considers appropriate, but must have particular regard to – (a) how far the hearing had progressed by the commencement of Chapter 4 of this Act; and (b) fairness to the person who is the subject of the hearing; and (c) cost and inconvenience to the Tribunal, the person who is the subject of the hearing or other persons; and (d) any submissions made to the Tribunal by or on behalf of the person who is the subject of the hearing. (5) In a case to which subclause (2)(b) applies, the Tribunal, on the conclusion of the hearing, may take such action as it considers appropriate having regard to the findings of the hearing, as if Chapter 4 of this Act had not been enacted. 28.   Application for rehearing (1) If, before the commencement of Chapter 4 (Complaints and Discipline) of this Act, an application was made under section 63 of the old Act, as in force immediately before that commencement, and a hearing in relation to the application had not commenced at that commencement, the application is taken on that commencement to be made under section 458 (Application against determinations) of this Act. (2) If, immediately before the commencement of Chapter 4 of this Act, a hearing had commenced into an application made under section 63(1)(a) of the old Act, as in force immediately before that commencement, but had not been concluded, the Tribunal, as constituted under the old Act as in force immediately before that commencement, may – (a) terminate the hearing; or (b) continue and conclude the hearing as if Chapter 4 of this Act had not been enacted. (3) If a decision is made to terminate the hearing under subclause (2)(a), the application is to be dealt with as if it were an application made to the Tribunal, as constituted under this Act, under section 464 of this Act. (4) In making a decision under subclause (2), the Tribunal may have regard to such matters as it considers appropriate, but must have particular regard to – (a) how far the hearing had progressed by the commencement of Chapter 4 of this Act; and (b) fairness to the person who is the subject of the hearing; and (c) cost and inconvenience to the Tribunal, the person who is the subject of the hearing or other persons; and (d) any submissions made to the Tribunal by or on behalf of the person who is the subject of the hearing. (5) In a case to which subclause (2)(b) applies, the Tribunal, on the conclusion of the hearing, may take such action as it considers appropriate, as if Chapter 4 of this Act had not been enacted. (6) If, immediately before the commencement of Chapter 4 of this Act, a hearing had begun in relation to an application made under section 63(1)(b) of the old Act, as in force immediately before that commencement, but had not been concluded, the Supreme Court is to continue and conclude the hearing and take such action as it considers appropriate, as if Chapter 4 of this Act had not been enacted. 29.   Orders (1) An order of the Tribunal made under section 76 of the old Act as in force immediately before the commencement of Chapter 4 (Complaints and Discipline) of this Act is taken to have been made under Part 4.7 (Proceedings in Disciplinary Tribunal) of this Act. (2) An action taken under section 79(2) of the old Act as in force immediately before the commencement of Chapter 4 of this Act is taken to have been taken under section 458 (Application against determinations) of this Act. (3) An order made under section 81 of the old Act as in force immediately before the commencement of Chapter 4 of this Act is taken to have been made under section 487 (Determination of application) of this Act. (4) An order made under section 89 of the old Act as in force immediately before the commencement of Chapter 4 of this Act is taken to have been made under section 488 (Orders pending determination of complaint) of this Act. 30.   Determination under section 61 of old Act (1) A determination made by the Council under section 61(2) of the old Act, as in force immediately before the commencement of Chapter 4 (Complaints and Discipline) of this Act, is taken to have been made by the Board under section 454 (Determination of Board) of this Act. (2) A determination made by the Council under section 65B(2) of the old Act as in force immediately before the commencement of Chapter 4 of this Act is taken to have been made by the Board under section 456 (Procedure for less serious complaint) of this Act. 31.   Determinations imposing fines Where a fine imposed on a person pursuant to Part 8 of the old Act as in force immediately before the commencement of Chapter 4 (Complaints and Discipline) of this Act had not been paid, or paid in full, immediately before that commencement, that fine, or the unpaid balance of that fine, is due and payable to the Board, and may be recovered as a debt due to the Board in a court of competent jurisdiction. 32.   Appeals against determination Where, before the commencement of Chapter 4, an appeal was made in accordance with section 63 of the old Act, as in force immediately before that commencement, but has not been determined, that appeal is taken to be made under section 458 (Application against determinations) of this Act. 33.   Appeals against orders of Tribunal Where, before the commencement of Chapter 4 (Complaints and Discipline), an appeal was made in accordance with section 78 of the old Act, as in force immediately before that commencement, but has not been determined, that appeal is taken to be made under section 484 (Appeals against orders of Tribunal) of this Act. 34.   Undertakings (1) The requirement of a practitioner to give an undertaking to the Council or Tribunal in accordance with a determination or order under Part 8 of the old Act as in force immediately before the commencement of Chapter 4 (Complaints and Discipline) of this Act that has not been complied with immediately before that commencement is taken to be a requirement to give an undertaking to the Board or Tribunal under that Chapter. (2) An undertaking given to the Council or Tribunal by a practitioner under Part 8 of the old Act as in force immediately before the commencement of Chapter 4 of this Act and subsisting immediately before that commencement is taken to be an undertaking given to the Board or Tribunal under that Chapter, and any breach of the undertaking may be dealt with and have consequences under that Chapter in all respects in the same way as a failure to honour an undertaking given to the Board or Tribunal after that commencement. 35.   Legal Ombudsman (1) Any complaint lodged under section 85 of the old Act with the Legal Ombudsman for monitoring, investigation or examination and not finally determined before the commencement of Chapter 4 (Complaints and discipline) is to be referred to the Board for investigation under section 440 (Complaints to be investigated) of this Act. (2) The Legal Ombudsman is to forward any documents in his or her possession relating to his or her functions under the old Act to the Board within 30 days of the commencement of Chapter 4. 36.   Managers Chapter 5 (External Intervention) applies in relation to a manager appointed under Division 6 of Part 9 of the old Act before the commencement of Chapter 5 of this Act as if the manager had been appointed under that Chapter. 37.   References to legal practitioner A reference in any Act or statutory rule made before the commencement of Part 1.2 (Interpretation) or in any document to – (a) a legal practitioner, is to be read as a reference to an Australian legal practitioner within the meaning of this Act; and (b) a practitioner, is to be read as a reference to an Australian legal practitioner within the meaning of this Act; and (c) a barrister, is to be read as a reference to a barrister within the meaning of this Act; and (d) a solicitor, or a solicitor and barrister, is to be read as a reference to an Australian legal practitioner within the meaning of this Act – except where the Act, statutory rule or document otherwise provides or the context or subject matter indicates that the term is to have a different meaning. 38.   General savings and transitional provision (1) If any thing of a kind required or permitted to be done under a provision of this Act was done under a corresponding provision of the old Act and still had effect immediately before the commencement of section 4 of this Act, the thing continues in effect on and after that commencement as if – (a) this Act had been in force when it was done; and (b) it had been done under this Act. (2) If subclause (1) applies in relation to the signing, lodgment, issue or publication of a written instrument, a reference in the instrument to a provision of the old Act must, for that subclause, be read as a reference to the corresponding provision of this Act. (3) Without limiting subclauses (1) and (2), if a provision of the old Act that corresponds to a provision of this Act would, but for its repeal, have applied in relation to any thing done or being done or in existence before the commencement of this Schedule, the provision of this Act applies (with the necessary modifications) in relation to the thing. (4) This clause does not have effect to the extent that – (a) other provision is made by this Schedule; or (b) the context or subject matter otherwise indicates or requires. (5) In addition, this clause has effect subject to any transitional regulations that may be made under clause 40. 39.   Continued application of old Act If a provision of the old Act continues to apply under this Schedule, the following provisions also continue to apply in relation to the provision: (a) other provisions of the old Act necessary to give effect to the continued provision; (b) subordinate legislation made under the old Act for the continued provision as in force immediately before the commencement of section 4 of this Act. 40.   Transitional regulations (1) The regulations may make provision (a "transitional regulation") in respect of a matter for which – (a) it is necessary to make provision to allow or facilitate the doing of any thing to achieve the transition from the operation of the old Act to this Act; and (b) this Act does not make provision or sufficient provision. (2) A transitional regulation may have retrospective operation to a date not earlier than the date of the commencement of this Schedule. (3) Regulations made under subclause (1), if the regulations so provide, are to have effect notwithstanding the provisions of this Schedule.