Legal Profession (Apprentice at Law) Amendment Act 1999 (TAS)

Legal Profession (Apprentice at Law) Amendment Act 1999

An Act to amend the Legal Profession Act 1993

[Royal Assent 14 May 1999]

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:

1Short titleThis Act may be cited as the Legal Profession (Apprentice at Law) Amendment Act 1999 . 2Commencement (1)  Sections 1 , 3 and 5 and this section commence on the day on which this Act receives the Royal Assent. (2)  The remaining provisions of this Act commence on a day to be proclaimed. 3Principal ActIn this Act, the Legal Profession Act 1993 is referred to as the Principal Act. 4Section 3 amended (Interpretation) Section 3 of the Principal Act is amended by omitting the definition of apprentice-at-law . 5Section 12 amended (Power of Council to make by-laws) Section 12(1) of the Principal Act is amended by inserting after paragraph (n) the following paragraph: (na) a levy payable by legal practitioners holding practising certificates; 6Section 22 amended (Rules of Board) Section 22(2)(d) of the Principal Act is amended by omitting "articles of apprenticeship and". 7Section 23 amended (Admission as legal practitioners) Section 23 of the Principal Act is amended by omitting paragraph (d) . 8Part 6: Heading amended Part 6 of the Principal Act is amended by omitting "APPRENTICES-AT-LAW AND" from the heading to that Part. 9Section 37 repealed Section 37 of the Principal Act is repealed. 10Section 38 amended (Articles of clerkship) Section 38(1)(a) of the Principal Act is amended by omitting subparagraph (ii) . 11Section 40 amended (Appeals) Section 40(1)(a) of the Principal Act is amended by omitting " section 37 (1) or 38 (1) " and substituting " section 38(1) ". 12Section 41 amended (Lodgement of articles) Section 41 of the Principal Act is amended as follows: (a) by omitting from paragraph (a)(i) "the articles of apprenticeship or"; (b) by omitting from paragraph (a)(ii) " section 37 (2) or 38 (2) " and substituting " section 38(2) "; (c) by omitting paragraph (a) from subsection (2) . 13Section 42 amended (Articles to be in approved form) Section 42 of the Principal Act is amended by omitting "of apprenticeship and articles". 14Section 43 amended (Assignment of articles) Section 43 of the Principal Act is amended by omitting "of apprenticeship and articles". 15Section 46 amended (Limited right of audience) Section 46 of the Principal Act is amended as follows: (a) by omitting from subsection (3) "apprenticed or"; (b) by omitting from subsection (5)(a) "the articles of apprenticeship or". 16Section 49 amended (Employment in other State or Territory) Section 49 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "articles of apprenticeship, articles of clerkship or similar articles or apprenticeship" and substituting "articles of clerkship or similar articles"; (b) by omitting subsection (2) . 17Section 90 amended (Power to remove name from roll) Section 90(b) of the Principal Act is amended by omitting "an apprentice-at-law or". 18Section 91 amended (Power to suspend from practice) Section 91 of the Principal Act is amended by omitting "an apprentice-at-law or". 19Schedule 3 amended (Oath for Barristers and Legal Practitioners) Schedule 3 to the Principal Act is amended by omitting from the heading to Part 2 "APPRENTICES AND". 20Schedule 8 amended (Savings and transitional provisions) Clause 4 of Schedule 8 to the Principal Act is amended by omitting subclause (2) . 21OmissionsEach of the provisions of the Principal Act specified in Column 1 of Schedule 1 is amended by omitting "articles of apprenticeship or" on the number of occurrences specified in Column 2 of that Schedule . Schedule 1Omissions

Section 21

Column 1

Provision amended

Column 2

Number of occurrences

Section 39(1)

1

Section 39(2)

1

Section 39(3)

1

Section 41(1)

first only

Section 44

1

Section 46(6)

2

Section 47(1)

1

Section 47(2)

1

Section 48(1)

1

Section 50(1)

1

Section 50(3)

1

Section 90(b)(i)

1

Section 91(a)

1

[Second reading presentation speech made in:

House of Assembly on 20 APRIL 1999

Legislative Council on 28 APRIL 1999]