Legal Profession Amendment Act 2009 (ACT)

Legal Profession Amendment Act 2009

A2009-47

Contents

Page

1. Name of Act  2

2. Commencement  2

3. Legislation amended  2

4. Appointment of investigators

   
   

   New section 234 (3) and (4)  2

5. Appointment of investigator for complaint

   
   

   New section 407 (2) and (3)  3

6. Section 521  3

7. Power to enter premises

   
   

   Section 530 (4)  3

8. New section 530 (4A)  4

9. Compensation for exercise of enforcement powers

   
   

   Section 549 (1)  4

10. New section 549 (5)  4

11. Dictionary, new definition of complaint investigation  4

12. Dictionary, definition of investigator  5

13. Dictionary, new definitions  5

Legal Profession Amendment Act 2009

A2009-47

An Act to amend the Legal Profession Act 2006

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Legal Profession Amendment Act 2009.

2. Commencement

   This Act commences on the day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This Act amends the Legal Profession Act 2006.

4. Appointment of investigators
   New section 234 (3) and (4)

   insert

   (3)An appointment may be made subject to conditions—

   (a)stated in the instrument of appointment; or

   (b)stated in a written notice given by the licensing body to the investigator during the term of appointment; or

   (c)prescribed by regulation.

   (4)The licensing body may end the appointment of an investigator if the investigator breaches a condition of appointment.

   NoteA person’s appointment also ends if the person resigns (see Legislation Act, s 210).

5. Appointment of investigator for complaint
   New section 407 (2) and (3)

   after note 3, insert

   (2)An appointment may be made subject to conditions—

   (a)stated in the instrument of appointment; or

   (b)stated in a written notice given by the relevant council to the investigator during the term of appointment; or

   (c)prescribed by regulation.

   (3)The relevant council may end the appointment of an investigator if the investigator breaches a condition of appointment.

   NoteA person’s appointment also ends if the person resigns (see Legislation Act, s 210).

6. Section 521

   omit everything before the definition of complaint investigation, substitute

7. Definitions—ch 6

   In this chapter:

8. Power to enter premises
   Section 530 (4)

   omit

   relevant council

   substitute

   licensing body

9. New section 530 (4A)

   insert

   (4A)An authorisation under subsection (4) may be subject to conditions stated by the licensing body.

   NoteThe licensing body may give an investigator a written notice stating conditions of appointment during the term of the investigator’s appointment (see s 234 (3) (b)).

10. Compensation for exercise of enforcement powers
    Section 549 (1)

    substitute

    (1)A person may claim compensation from the relevant council if the person suffers loss or damage because of conduct of an investigator—

    (a)in the exercise or purported exercise of a function under this part; and

    (b)that is unlawful or unreasonable.

11. New section 549 (5)

    insert

    (5)In this section:

    conduct means an act or omission to do an act.

12. Dictionary, new definition of complaint investigation

    insert

    complaint investigation, for chapter 6 (Investigations)—see section 521.

13. Dictionary, definition of investigator

    substitute

    investigator—

    (a)for part 3.1 (Trust money and trust accounts)—see section 210 (2); or

    (b)for chapter 6 (Investigations)—see section 521.

14. Dictionary, new definitions

    insert

    ILP compliance audit, for chapter 6 (Investigations)—see section 521.

    trust account examination, for chapter 6 (Investigations)—see section 521.

    trust account investigation, for chapter 6 (Investigations)—see section 521.

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 15 October 2009.

2. Notification

   Notified under the Legislation Act on 25 November 2009.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Legal Profession Amendment Bill 2009, which was passed by the Legislative Assembly on 17 November 2009.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2009