Legal Profession (Consequential Amendments) Act (Vic)
Legal Profession (Consequential Amendments) Act 2005
Act No. 18/2005
table of provisions
Section Page
1.Purposes
2.Commencement
3.Principal Act
4.Definitions
5.Application for grant or renewal of practising certificate
6.No fee for volunteer practising certificate
7.Conditions on local practising certificates
8.Conduct capable of constituting unsatisfactory professional conduct or professional misconduct
9.Foreign lawyers
10.Costs disclosure
11.Costs reviews
12.Complaints and discipline
13.External intervention
14.Term of office of appointed Board members
15.Delegation by Legal Services Commissioner
16.Law reform funding
17.Transitional provisions
18.Consequential amendments to other Acts
19.Statute law revision
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SCHEDULE 1—Consequential Amendments
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Endnotes
Legal Profession (Consequential Amendments) Act 2005
[Assented to 24 May 2005]
The Parliament of Victoria enacts as follows:
1.Purposes
The purposes of this Act are—
(a)to amend the Legal Profession Act 2004;
(b)to amend other Acts as a consequence of the passage of the Legal Profession Act 2004.
2.Commencement
(1)Subject to sub-section (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 1 January 2006, it comes into operation on that day.
3.Principal Act
In this Act, the Legal Profession Act 2004 is called the Principal Act.
4.Definitions
In section 1.2.1 of the Principal Act—
(a)in the definition of "admission to the legal profession", omit "or issue";
(b)insert the following definitions—
' "affairs" of a law practice has the meaning given in section 3.3.2;
"grant" of an interstate practising certificate includes the issue of an interstate practising certificate;'.
5.Application for grant or renewal of practising certificate
Section 2.4.8(9) of the Principal Act is repealed.
6.No fee for volunteer practising certificate
After section 2.4.9(4) of the Principal Act insert—
"(4A)A fee or surcharge is not payable for a local practising certificate that is subject to the condition referred to in section 2.4.3(3)(b)(iii) (community legal centre volunteer).".
7.Conditions on local practising certificates
In section 2.4.14(1)(a) of the Principal Act, after "granted" insert "or renewed".
8.Conduct capable of constituting unsatisfactory professional conduct or professional misconduct
Sections 2.4.26(4), 2.4.27(3), 2.4.32(5), 2.6.8(2), 2.7.10(5), 2.7.11(3), 2.7.39(3), 2.7.40(3) and 2.7.49(2) of the Principal Act are repealed.
9.Foreign lawyers
(1)In section 2.8.2 of the Principal Act, in the definition of "local registration certificate", omit "or issued".
(2)At the end of section 2.8.14 of the Principal Act insert—
"(2)The regulations may also provide for the Board to determine from time to time—
(a)classes of Australian-registered foreign lawyers required to contribute to the Fidelity Fund;
(b)the contributions payable by members of those classes and the time and manner of payment of contributions;
(c)levies payable by members of those classes and the time and manner of payment of levies.
(3)If the Board determines a contribution or levy payable by members of a class of Australian-registered foreign lawyers in accordance with regulations made under sub-section (2), sections 6.7.32, 6.7.33(2), 6.7.34 and 6.7.35 apply as if the members of the class were members of a contributor class and as if the contribution or levy were imposed under Division 3 of Part 6.7.".
(3)In the Principal Act—
(a)in section 2.8.19—
(i)in sub-section (4), for "the applicant's entitlement to be registered" substitute "whether the applicant meets the criteria for registration";
(ii)in sub-section (6)(a), for "affect the applicant's eligibility for" substitute "be relevant to or affect";
(b)sections 2.8.30(4), 2.8.31(3) and 2.8.44(5) are repealed;
(c)in the heading to section 2.8.46, for "holders" substitute "locally registered foreign lawyers";
(d)for section 2.8.46(1)(a) substitute—
"(a)ask the applicant or locally registered foreign lawyer for any documents or information the Board requires; or";
(e)in section 3.2.10, before "legal practice" insert "engaging in".
10.Costs disclosure
In the Principal Act—
(a)for section 3.4.9(1)(c) and (d) substitute—
"(c)an estimate of the total legal costs or, if that is not reasonably practicable—
(i)a range of estimates of the total legal costs; and
(ii)an explanation of the major variables that will affect the calculation of those costs; and";
(b)in section 3.4.10(1), for "section 3.4.9(1)(a), (c), (d) and (e)" substitute "section 3.4.9(1)(a), (c) and (e)".
11.Costs reviews
At the end of section 3.4.41 of the Principal Act insert—
"(2)If—
(a)a law practice has commenced proceedings to recover legal costs; and
(b)an application for a costs review in relation to those legal costs is made under section 3.4.48 out of time; and
(c)the Taxing Master determines to deal with the application—
the court or tribunal in which the proceedings have been brought must stay the proceedings on the application of a party, or on its own initiative, pending the completion of the review.".
12.Complaints and discipline
In the Principal Act—
(a)in section 4.4.17(c), for "issued" substitute "granted";
(b)in section 4.4.25, in paragraph (b)(iii) of the definition of "disciplinary action", for "issue" substitute "grant".
13.External intervention
In the Principal Act—
(a)in section 5.1.2, in paragraph (a) of the definition of "regulated property", after "trust money" insert "or trust property";
(b)in section 5.2.1(d)—
(i)after "the practice" (where first occurring) insert "or an associate of the practice";
(ii)in sub-paragraph (v), after "regulations" insert "or legal profession rules".
14.Term of office of appointed Board members
For section 6.2.9(4) of the Principal Act substitute—
"(4)An appointed member—
(a)holds office, subject to this Act, for a term specified in his or her instrument of appointment, not exceeding 4 years from the date of appointment; and
(b)is eligible for re-appointment.".
15.Delegation by Legal Services Commissioner
After section 6.3.12(2)(a) of the Principal Act insert—
"(ab)a function under section 4.4.13 (other than the function of applying to the Tribunal for an order under Division 4 of Part 4.4); or".
16.Law reform funding
(1)After section 6.7.10(1) of the Principal Act insert—
"(1A)The Attorney-General may each financial year direct the Board to pay an amount out of the Public Purpose Fund to the Victorian Law Reform Commission and the Board must comply with that direction.".
(2)In the Principal Act—
(a)in section 6.7.10(3), for "this section" substitute "sub-section (1)";
(b)in section 6.7.11(1) and (2), for "section 6.7.10" substitute "section 6.7.10(1)".
17.Transitional provisions
(1)In clause 2.2(4) of Schedule 2 to the Principal Act, after "this Act" insert "(except sub-clause (4A))".
(2)After clause 2.2(4) of Schedule 2 to the Principal Act insert—
"(4A)Sub-clause (4) does not apply to a local practising certificate that is subject to the condition referred to in section 2.4.3(3)(b)(iii) (community legal centre volunteer).".
(3)In Schedule 2 to the Principal Act—
(a)clause 3.2 is repealed;
(b)in clause 8.20(4), after "section 383(2)" insert "or (5)".
18.Consequential amendments to other Acts
On the coming into operation of an item in Schedule 1, the Act referred to in the heading to that item is amended as set out in that item.
19.Statute law revision
In the Principal Act—
(a)in section 2.2.9(3)(c), for "corporate practitioner" substitute "corporate legal practitioner";
(b)in section 2.4.1(b), for "issue" substitute "grant";
(c)in section 2.4.28(2), for "provided n" substitute "provided in";
(d)in the heading to section 3.3.8, for "liability" substitute "obligations";
(e)in section 4.4.12(2), for "section 4.4.11" substitute "section 4.4.13";
(f)in section 4.4.14(1)(b), omit "or firm";
(g)in section 4.4.28(3), for "sections 4.4.28" substitute "sections 4.4.29";
(h)in section 5.2.2(1), for "exist" substitute "exists";
(i)in section 6.7.18(f), for "Examiner-General" substitute "Auditor-General";
(j)in section 6.7.24(2)(b)(i), for "an" substitute "a";
(k)in section 7.2.5(2), for "section 6.2.30" substitute "section 6.2.23";
(l)in section 7.2.11(4), after "agreement" insert "or arrangement";
(m)in section 7.2.14(3), for "intestate" substitute "interstate";
(n)in clause 8.14(1) in Schedule 2, for "section 6.2.19(2)(c)" substitute
"section 6.2.19(1)(d)".
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SCHEDULE 1
Section 18
Consequential Amendments
1.Accident Compensation Act 1985
1.1In section 5(1), after the definition of "interest at the prescribed rate" insert—
' "legal practitioner" means an Australian legal practitioner within the meaning of the Legal Profession Act 2004;'.
1.2In section 134AG(5), for "Legal Practice Act 1996" substitute "Legal Profession Act 2004".
1.3In section 248A(3)(b), omit "duly qualified".
2.Administration and Probate Act 1958
In section 3(1), before the definition of "Master" insert—
' "legal practitioner" means an Australian legal practitioner within the meaning of the Legal Profession Act 2004;'.
3.Adoption Act 1984
In section 4(1), after the definition of "interim order" insert—
' "legal practitioner" means an Australian legal practitioner within the meaning of the Legal Profession Act 2004;'.
4.Ambulance Services Act 1986
In section 13(4), for "a legal practitioner" substitute "an Australian legal practitioner (within the meaning of the Legal Profession Act 2004)".
5.Appeal Costs Act 1998
In section 3(1), after the definition of "insolvent under administration" insert—
' "legal practitioner" means an Australian legal practitioner within the meaning of the Legal Profession Act 2004;'.
6.Architects Act 1991
For section 28 substitute—
'28.Assisting counsel
(1)The Tribunal may appoint an Australian legal practitioner to assist it in the conduct of an inquiry.
(2)The Board must pay the fees of any Australian legal practitioner assisting the Tribunal.
(3)In this section, "Australian legal practitioner" has the same meaning as in the Legal Profession Act 2004.'.
7.Associations Incorporation Act 1981
After the heading to Part VIIIA insert—
'37A.Definition
In this Part, "legal practitioner" means an Australian legal practitioner within the meaning of the Legal Profession Act 2004.'.
8.Australian Crime Commission (State Provisions) Act 2003
8.1In section 3(1), after the definition of "issuing officer" insert—
' "legal practitioner" means an Australian legal practitioner within the meaning of the Legal Profession Act 2004;'.
8.2In section 27(2), for "barrister" substitute "legal practitioner".
9.Bail Act 1977
In section 3, after the definition of "drug of dependence" insert—
' "legal practitioner" means an Australian legal practitioner within the meaning of the Legal Profession Act 2004;'.
10.Building Act 1993
10.1For section 166(3)(ba) substitute—
"(ba)at least one person who is an Australian lawyer (within the meaning of the Legal Profession Act 2004) of at least 5 years' standing; and".
10.2For section 184(2)(ab) substitute—
"(ab)at least one is to be an Australian lawyer (within the meaning of the Legal Profession Act 2004) of at least 5 years' standing; and".
10.3For section 207(2)(h) substitute—
"(h)at least one is to be an Australian lawyer (within the meaning of the Legal Profession Act 2004) of at least 5 years' standing; and".
10.4For section 210(2)(m) substitute—
"(m)at least one is to be an Australian lawyer (within the meaning of the Legal Profession Act 2004) of at least 5 years' standing;".
11.Business Licensing Authority Act 1998
In section 5(2), for "a legal practitioner" substitute "an Australian lawyer (within the meaning of the Legal Profession Act 2004)".
12.Children and Young Persons Act 1989
12.1In section 3(1), after the definition of "irreconcilable difference application" insert—
' "legal practitioner" means an Australian legal practitioner within the meaning of the Legal Profession Act 2004;".
12.2In section 82(3)(c), for "admitted as a barrister and solicitor of the Supreme Court" substitute "admitted to the legal profession within the meaning of the Legal Profession Act 2004".
13.Chinese Medicine Registration Act 2000
In section 3, for the definition of "lawyer" substitute—
' "lawyer" means an Australian lawyer within the meaning of the Legal Profession Act 2004;".
14.Chiropractors Registration Act 1996
In section 3, for the definition of "lawyer" substitute—
' "lawyer" means an Australian lawyer within the meaning of the Legal Profession Act 2004;".
15.Commercial Arbitration Act 1984
For section 20(6)(a) substitute—
"(a)a legal practitioner shall be read as a reference to—
(i)an Australian legal practitioner within the meaning of the Legal Profession Act 2004; or
(ii)an overseas-registered foreign lawyer within the meaning of section 2.8.2 of the Legal Profession Act 2004; and".
16.Companies (Administration) Act 1981
In section 11(2)(a) and (4), for "a duly qualified legal practitioner" substitute "an Australian lawyer (within the meaning of the Legal Profession Act 2004)".
17.Confiscation Act 1997
17.1In section 3(1), after the definition of "law enforcement agency" insert—
' "legal practitioner" means an Australian legal practitioner within the meaning of the Legal Profession Act 2004;'.
17.2In section 143(1)(b), for "private practitioner" substitute "private law practice or private legal practitioner (within the meaning of the Legal Aid Act 1978)".
18.Co-operative Housing Societies Act 1958
In section 71B—
(a)in sub-section (9), for "a duly qualified legal practitioner" substitute "an Australian legal practitioner (within the meaning of the Legal Profession Act 2004)";
(b)in sub-section (10) for "A duly qualified legal practitioner" substitute "An Australian legal practitioner".
19.Co-operatives Act 1996
19.1In section 346(1)(a), for "solicitors" substitute "legal practitioners".
19.2In section 388, after the definition of "co-operative venture" insert—
' "legal practitioner" means an Australian legal practitioner within the meaning of the Legal Profession Act 2004;'.
19.3In section 393(2)(a), for "solicitor" substitute "legal practitioner".
19.4In section 403, in paragraph (b) of the definition of "involved person" for "solicitor" substitute "legal practitioner".
19.5In clause 7(2)(n) of Schedule 4, for "solicitor" substitute "legal practitioner".
20.Coroners Act 1985
20.1In section 3(1) before the definition of "child" insert—
' "Australian lawyer" has the same meaning as in the Legal Profession Act 2004;'.
20.2In section 3(1) the definition of "legal practitioner" is repealed.
20.3In section 6(1) for "a barrister and solicitor" substitute "an Australian lawyer".
20.4In section 8 for "barristers and solicitors" substitute "Australian lawyers".
20.5In sections 45(3), 45(4), 46(2) and 49(1) for "a legal practitioner" substitute "an Australian lawyer".
20.6In section 49(2) substitute—
(a)for "a legal practitioner" substitute "an Australian lawyer";
(b)for "the legal practitioner" substitute "the lawyer".
21.Corporations (Victoria) Act 1990
21.1In section 48, for "a barrister or a solicitor, or as both a barrister and a solicitor," substitute "an Australian lawyer (within the meaning of the Legal Profession Act 2004)".
21.2In section 60(1), in paragraph (b)(i) of the definition of "eligible person" for "solicitor" substitute "lawyer".
22.Corrections Act 1986
22.1In section 3(1), for the definition of "lawyer" substitute—
' "lawyer" means an Australian lawyer within the meaning of the Legal Profession Act 2004;".
22.2In section 30I(5), in the definition of "authorised person", for paragraph (e) substitute—
"(e)a lawyer in the course of consulting that lawyer for legal advice;".
22.3In sections 47(1)(m)(iii) and 47B for "legal practitioner" (wherever occurring) substitute "lawyer".
23.Council of Law Reporting in Victoria Act 1967
23.1In section 2, for the definition of "RPA" substitute—
' "professional association" has the same meaning as in the Legal Profession Act 2004;'.
23.2In section 5(1)(c), for "RPA" substitute "professional association".
23.3In section 7(c) for "RPA" substitute "professional association".
24.Country Fire Authority Act 1958
In section 74M(1) for "a legal practitioner" substitute "an Australian legal practitioner (within the meaning of the Legal Profession Act 2004)".
25.County Court Act 1958
25.1In section 3(1), insert the following definitions—
' "Australian lawyer" has the same meaning as in the Legal Profession Act 2004;
"legal practitioner" means an Australian legal practitioner within the meaning of the Legal Profession Act 2004;'.
25.2For section 8(1A)(b) substitute—
"(b)is an Australian lawyer of at least 5 years' standing.".
25.3For section 17A(3)(b) substitute—
"(b)is an Australian lawyer of at least 5 years' standing.".
25.4Insert the following heading to section 26—
"Registrar and bailiff to be distinct persons and not to act as legal practitioner".
25.5In section 34(2), for "Legal Practice Act 1996" substitute "Legal Profession Act 2004".
26.Credit Act 1984
26.1In section 5(1), after the definition of "land" insert—
' "legal practitioner" means an Australian legal practitioner within the meaning of the Legal Profession Act 2004;'.
26.2In sections 47(1)(a), 70(1)(d)(v) and 71(3)(b), clause 1(f)(iii) of Schedule 2 and clause 1(c)(iii) of Schedule 4 omit "duly qualified".
27.Crimes Act 1958
27.1In section 2A(1) after the definition of "Juries Commissioner" insert—
' "legal practitioner" means an Australian lawyer within the meaning of the Legal Profession Act 2004;'.
27.2In section 175(1), in the definition of "agent", for "barrister and solicitor" substitute "legal practitioner".
27.3In section 464(2), the definition of "legal practitioner" is repealed.
27.4In section 360A(2)(b) and (4)(a), for "private practitioner" substitute "private law practice or private legal practitioner".
27.5After section 360A(6) insert—
'(7)In this section, "private law practice" and "private legal practitioner" have the same meaning as in the Legal Aid Act 1978.'.
27.6In section 397, for "by legal practitioner" substitute "by his or her legal practitioner".
28.Crimes (Criminal Trials) Act 1999
28.1In section 3 after the definition of "directions hearing" insert—
' "legal practitioner" means an Australian lawyer within the meaning of the Legal Profession Act 2004;'.
28.2For section 24(3)(b) substitute—
"(b)a party's legal practitioner or, in the case of a legal practitioner who is employed by a law practice (within the meaning of the Legal Profession Act 2004), the law practice.".
28.3For section 28 substitute—
"28.Complaints about legal practitioners
If, in the court's opinion, a legal practitioner for a party has failed to comply with a requirement of this Act or an order made under this Act, including an order or requirement under section 5, the court may make a complaint about the legal practitioner's conduct to the Legal Service Commissioner under Chapter 4 of the Legal Profession Act 2004.".
29.Crimes (Family Violence) Act 1987
After section 8S insert—
'8T.Definition
In this Part, "legal practitioner" means an Australian legal practitioner within the meaning of the Legal Profession Act 2004.'.
30.Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
In section 3(1), after the definition of "judicial member" insert—
' "legal practitioner" means an Australian legal practitioner within the meaning of the Legal Profession Act 2004;'.
31.Crown Proceedings Act 1958
In section 12, for "assign legal practitioners to such person; and the legal practitioners so assigned" substitute "assign Australian legal practitioners (within the meaning of the Legal Profession Act 2004) to such person; and the Australian legal practitioners so assigned".
32.Dangerous Goods Act 1985
After section 43(4) insert—
'(5)In this section, "legal practitioner" means an Australian legal practitioner within the meaning of the Legal Profession Act 2004.'.
33.Dental Practice Act 1999
In section 3, for the definition of "lawyer" substitute—
' "lawyer" means an Australian lawyer within the meaning of the Legal Profession Act 2004;'.
34.Domestic Building Contracts Act 1995
For section 34(4)(b) substitute—
"(b)the building owner received independent advice from an Australian legal practitioner (within the meaning of the Legal Profession Act 2004) concerning the contract before entering into the contract.".
35.Electoral Act 2002
For section 128 substitute—
'128.Legal representation
(1)A party to a petition must not be represented by an Australian legal practitioner unless—
(a)all the parties consent to the party being represented by an Australian legal practitioner; or
(b)the Court of Disputed Returns grants leave for the party to be represented by an Australian legal practitioner.
(2)In this section, "Australian legal practitioner" has the same meaning as in the Legal Profession Act 2004.'.
36.Emerald Tourist Railway Act 1977
In section 36(2), for "A duly qualified legal practitioner" substitute "An Australian legal practitioner (within the meaning of the Legal Profession Act 2004)".
37.Environment Protection Act 1970
In section 59AC(b), for "a legal practitioner" substitute "an Australian legal practitioner (within the meaning of the Legal Profession Act 2004)".
38.Equal Opportunity Act 1995
In section 4(1), for the definition of "lawyer" substitute—
' "lawyer" means an Australian lawyer within the meaning of the Legal Profession Act 2004;'.
39.Estate Agents Act 1980
39.1For section 5(2)(e) substitute—
"(e)any Australian legal practitioner (within the meaning of the Legal Profession Act 2004) for the purpose only of carrying out the ordinary functions of an Australian legal practitioner;".
39.2In section 6(2)(c), for "a barrister and solicitor of the Supreme Court of Victoria" substitute "an Australian lawyer (within the meaning of the Legal Profession Act 2004)".
39.3Insert the following heading to section 53A—
"Exemption concerning the Legal Profession Act 2004".
39.4For section 53A(1) substitute—
"(1)An agent or agent's representative is not guilty of an offence against section 2.2.2(1) of the Legal Profession Act 2004 only because he or she fills up—
(a)a standard form of contract permitted by the regulations or approved by the Legal Services Board or a professional association (within the meaning of the Legal Profession Act 2004); or
(b)a contract prepared by an Australian legal practitioner (within the meaning of the Legal Profession Act 2004).".
40.Evidence Act 1958
40.1In section 3(1), after the definition of "impaired" insert—
' "lawyer" means an Australian lawyer within the meaning of the Legal Profession Act 2004;
"legal practitioner" means an Australian legal practitioner within the meaning of the Legal Profession Act 2004;'.
40.2In section 21D—
(a)insert the following definitions—
' "private law practice" has the same meaning as in the Legal Aid Act 1978;
"private legal practitioner" has the same meaning as in the Legal Aid Act 1978;';
(b)in the definition of "legal aid", for "private practitioner" substitute "private law practice or private legal practitioner";
(c)in the definition of "legal aid body", for "private practitioner" substitute "private law practice";
(d)the definition of "private practitioner" is repealed.
40.3In sections 21E(1)(b) and 21F(1)(b), for "private practitioner" substitute "private law practice or private legal practitioner".
40.4For sections 107A(1)(c) and 107A(1)(d) substitute—
"(c)an Australian lawyer (within the meaning of the Legal Profession Act 2004);
(d)a clerk to an Australian lawyer;".
40.5For section 123C(1)(db) substitute—
"(db)a senior member or ordinary member of the Victorian Civil and Administrative Tribunal who, immediately before the commencement of section 8.2.1 of the Legal Profession Act 2004, was the registrar or a deputy registrar of the Legal Profession Tribunal;".
40.6For section 123C(1)(g) substitute—
"(g)a legal practitioner;".
41.Evidence (Witness Identity Protection) Act 2004
In section 3—
(a)in proposed sections 42BA(3)(a) and (b) and 42BD(1)(a)(ii), for "lawyer" substitute "legal practitioner"; and
(b)in proposed section 42BM(3)(d), for "lawyer representing" substitute "legal practitioner representing".
42.Fair Trading Act 1999
In section 161A(7) for "Legal Practice Act 1996" substitute "Legal Profession Act 2004".
43.Firearms Act 1996
For section 155(2)(a) substitute—
"(a)3 must be Australian lawyers (within the meaning of the Legal Profession Act 2004) nominated by the Minister from a panel of persons submitted to the Minister as follows—
(i)if there are more than 2 professional associations (within the meaning of the Legal Profession Act 2004), 1 person may be nominated for the panel by each professional association; or
(ii)if there are only 2 professional associations, 3 persons may be nominated for the panel by each professional association; or
(iii)if there is only 1 professional association, 5 persons may be nominated for the panel by that professional association; and".
44.Fisheries Act 1995
44.1In section 4(1), after the definition of "associated offence" insert—
' "Australian lawyer" has the same meaning as in the Legal Profession Act 2004;'.
44.2In sections 136(9) and 189(5) for "a barrister and solicitor" substitute "an Australian lawyer".
44.3In section 190(2)(a) for "a person who is admitted to practice as a barrister and solicitor of the Supreme Court and" substitute "an Australian lawyer".
44.4In section 195(5) for "a barrister and solicitor" substitute "an Australian lawyer".
45.Freedom of Information Act 1982
For section 56(3) substitute—
"(3)The Tribunal may make any orders as it thinks fit having regard to the nature of the proceedings, including where the applicant is represented by an Australian lawyer (within the meaning of the Legal Profession Act 2004), an order that the contents of a document produced to the Tribunal that is claimed to be an exempt document be disclosed to that practitioner.
(4)In making an order under sub-section (3), the Tribunal must be guided by the principle that the contents of a document should not normally be disclosed except in accordance with an order of the Tribunal under section 51(2) of the Victorian Civil and Administrative Tribunal Act 1998.".
46.Gambling Regulation Act 2003
In section 10.1.21 for "a duly qualified legal practitioner" substitute "an Australian legal practitioner (within the meaning of the Legal Profession Act 2004)".
47.Gas Industry (Residual Provisions) Act 1994
In section 116(1), in paragraph (c) of the definition of "GASCOR contractual rights" for "a legal practitioner or firm of legal practitioners" substitute "a law practice or an Australian legal practitioner (within the meaning of the Legal Profession Act 2004)".
48.Health Records Act 2001
For section 77(3) substitute—
"(3)If the applicant is represented by an Australian legal practitioner (within the meaning of the Legal Profession Act 2004), orders under sub-section (2) may include an order that the contents of a document produced to the Tribunal that is claimed to be an exempt document be disclosed to that practitioner.".
49.Health Services Act 1988
In section 144(2)(c) for "a legal practitioner" substitute
"an Australian legal practitioner (within the meaning of the Legal Profession Act 2004)".
50.Information Privacy Act 2000
For section 42(3) substitute—
"(3)If the applicant is represented by an Australian legal practitioner (within the meaning of the Legal Profession Act 2004), orders under sub-section (2) may include an order that the contents of a document produced to the Tribunal that is claimed to be an exempt document be disclosed to that practitioner.".
51.Instruments Act 1958
In section 3, after the definition of "holder" insert—
' "legal practitioner" means an Australian legal practitioner within the meaning of the Legal Profession Act 2004.'.
52.Intellectually Disabled Persons' Services Act 1986
In section 31, for "a duly qualified legal practitioner" substitute "an Australian legal practitioner (within the meaning of the Legal Profession Act 2004)".
53.Judicial Proceedings Reports Act 1958
For section 3(1)(c)(v) substitute—
"(v)the names of Australian legal practitioners (within the meaning of the Legal Profession Act 2004) engaged in the proceeding;".
54.Juries Act 2000
54.1In section 3(1), after the definition of "jury service period" insert—
' "legal practitioner" means an Australian legal practitioner within the meaning of the Legal Profession Act 2004;'.
54.2In Schedule 2, for clause 1(e) substitute—
"(e)an Australian lawyer (within the meaning of the Legal Profession Act 2004);".
55.Jurisdiction of Courts (Cross-vesting) Act 1987
In section 5(8)—
(a)for "A person who is entitled to practise as a barrister or a solicitor, or as both a barrister and a solicitor," substitute "An Australian lawyer (within the meaning of the Legal Profession Act 2004) who is entitled to practise";
(b)for "the person" substitute "the lawyer".
56.Landlord and Tenant Act 1958
In section 59(3), for "legal practitioner" substitute "an Australian legal practitioner (within the meaning of the Legal Profession Act 2004)".
57.Legal Aid Act 1978
57.1In section 2(1)—
(a)insert the following definitions—
' "Australian lawyer" has the same meaning as in the Legal Profession Act 2004;
"incorporated legal practice" has the same meaning as in the Legal Profession Act 2004;
"law practice" has the same meaning as in the Legal Profession Act 2004;
"legal practitioner" means an Australian legal practitioner within the meaning of the Legal Profession Act 2004;
"principal", of a law practice, has the same meaning as in the Legal Profession Act 2004;
"private law practice" means a law practice other than VLA;
"private legal practitioner" means a legal practitioner who is not employed by VLA;
"professional association" has the same meaning as in the Legal Profession Act 2004;';
(b)the definitions of "current practitioner", "incorporated practitioner", "practitioner" and "private practitioner" are repealed;
(c)in the definitions of "duty lawyer services" and "legal advice", for "a practitioner" substitute "an Australian lawyer";
(d)in the definition of "legal aid", in paragraph (b), for "a legal practitioner" substitute "a law practice or an Australian lawyer".
57.2In section 7—
(a)in paragraph (e), for "professional bodies representing private practitioners" substitute "professional associations";
(b)for paragraph (f) substitute—
"(f)liaise with professional associations in order to facilitate the use, in appropriate circumstances, of services provided by private legal practitioners;";
(c)in paragraph (g), for "private practitioners" substitute "private legal practitioners".
57.3In section 8—
(a)for "private practitioners" (where twice occurring) substitute "private legal practitioners";
(b)in sub-section (2)(b), for "practitioner" substitute "legal practitioner".
57.4For section 10(c) substitute—
"(c)a private law practice;".
57.5For section 16 substitute—
"16.VLA and its officers are subject to legal professional standards and duties
(1)VLA or an officer of VLA when engaging in legal practice—
(a)must observe the same rules and standards of professional conduct and ethics as those that a legal practitioner is, by law or a custom of the legal profession, required to observe in engaging in legal practice; and
(b)is subject to the same professional duties as those to which a legal practitioner is subject, by law or a custom of the legal profession, in engaging in legal practice.
(2)For the purpose of the application of sub-section (1) in respect of a member of staff of VLA who is providing legal services to a person—
(a)VLA is deemed to be a law practice retained by the person to act on the person's behalf; and
(b)the members of staff of VLA are deemed to be employed by that law practice.
(3)For the purposes of this section, a reference to engaging in legal practice or providing legal services includes a reference to exercising a right of audience in a court.
(4)VLA must indemnify an officer of VLA against any negligent act or omission by the officer in the course of the performance of his or her duties or in good faith in the purported performance of those duties.
(5)Parts 3.3 and 3.6 of the Legal Profession Act 2004 apply to the VLA as if it were an incorporated legal practice.".
57.6In section 19(1)(b)(iv) for "practitioners" substitute "law practices".
57.7After section 19(1) insert—
"(1A)For the purposes of sub-section (1), VLA is deemed to be a law practice.".
57.8In section 24—
(a)in sub-section (1), for "private practitioner" substitute "private legal practitioner";
(b)in sub-section (3), for "private practitioners" (wherever occurring) substitute "private legal practitioners".
57.9In section 26(2)—
(a)for "private practitioner" substitute "private legal practitioner";
(b)for "legal practitioner" substitute "private legal practitioner".
57.10In section 27(4)(a), for "Legal Practice Act 1996" substitute "Legal Profession Act 2004".
57.11In section 28(a), for "private practitioner" substitute "private legal practitioner".
57.12In section 29A—
(a)in sub-section (1), for "practitioner" substitute "private law practice or private legal practitioner";
(b)in sub-section (2), for "sole practitioners, firms and incorporated practitioners" substitute "private law practices or private legal practitioners";
(c)in sub-section (3), for "practitioner" (wherever occurring) substitute "private law practice or private legal practitioner";
(d)in sub-sections (4), (5) and (6), for "sole practitioner, firm or incorporated practitioner" substitute "private law practice or private legal practitioner".
57.13For section 29A(7) and (8) substitute—
"(7)If the name of a private law practice is included on a panel, the names of all the private legal practitioners who are partners, directors or employees of the private law practice are deemed to be included on the panel.".
57.14In section 29B, for "sole practitioner, firm or incorporated practitioner" (where twice occurring) substitute "private law practice or private legal practitioner".
57.15For section 30(1) to (8) substitute—
"(1)If—
(a)legal services are to be performed on behalf of an assisted person by a private legal practitioner; and
(b)VLA has not assigned the conduct of the assisted person's case to a private legal practitioner chosen after VLA called for tenders to conduct the case; and
(c)VLA has not under section 29B assigned the conduct of the assisted person's case to a private law practice or private legal practitioner included on a panel established under section 29A—
the assisted person is entitled to select a private law practice from the names on a referral panel.
(2)If an assisted person does not wish to exercise the right to select a private law practice under sub-section (1), VLA must, on that person's behalf, select a private law practice from the names on a referral panel.
(3)In selecting a private law practice under sub-section (2), the paramount consideration is the interests of the assisted person but, subject to that consideration, VLA must allocate work equitably amongst the private law practices named on referral panels.
(4)A private law practice may apply to VLA for inclusion on a referral panel.
(5)A private law practice is not eligible to apply under sub-section (4) during any period—
(a)for which the private law practice is disqualified from applying in accordance with this section; or
(b)of removal under sub-section (10) or (11).
(6)On receiving an application under sub-section (4), VLA may—
(a)accept the application and include the name of the private law practice on a referral panel; or
(b)subject to sub-section (14), refuse the application and may disqualify the private law practice from making another application under sub-section (4) for a specified period.
(7)VLA must prepare and maintain panels of names of private law practices from the names of the private law practices that have applied under sub-section (4) and been accepted for inclusion.
(8)If the name of a private law practice is included on a referral panel, the names of all the private legal practitioners who are partners, directors or employees of the private law practice are, by force of this sub-section, also included on the panel, except the name of any of those legal practitioners that has been removed under this section.".
57.16For section 30(10) to (13) substitute—
"(10)Subject to sub-section (15), VLA may remove from a referral panel for a specified period the name of—
(a)any private law practice; or
(b)any private legal practitioner who is a partner, director or employee of a private law practice.
(11)Without limiting VLA's powers to refuse an application made under sub-section (4) or remove a name from a referral panel, VLA may—
(a)refuse an application made under sub-section (4) or remove from a referral panel the name of a private law practice if the name of a private legal practitioner who is a partner, director or employee of the private law practice is removed from the panel;
(b)remove from a referral panel the name of any private law practice that habitually takes an excessive time to defend persons charged with criminal offences.
(12)VLA may amend a referral panel—
(a)to remove the name of any private law practice that, or private legal practitioner who, has ceased to practise; or
(b)to record any change in name of a private law practice or private legal practitioner; or
(c)to remove a name in accordance with a request under sub-section (13).
(13)A private law practice or a private legal practitioner may, by writing to VLA, request that their name be removed from a referral panel and VLA must comply with that request.".
57.17For section 30(15) and (16) substitute—
"(15)Before removing a name from a referral panel under sub-section (10) or (11), VLA must—
(a)give written notice to the private law practice or private legal practitioner concerned setting out the reasons for the proposed removal; and
(b)afford them a reasonable opportunity to be heard and show cause why the removal should not be made.
(16)A notice given to a private law practice under sub-section (14) or (15) may be given to any principal of the practice.".
57.18In section 30(16F) for "sole practitioner, firm, incorporated practitioner, partner, director or employee" substitute "private law practice or private legal practitioner".
57.19In section 30(19)—
(a)the definition of "firm" is repealed;
(b)in the definition of "referral panel", for
"sub-section (5)" substitute "sub-section (7)".
57.20In section 31—
(a)in sub-section (1), for "private practitioner giving his" substitute "private legal practitioner giving his or her";
(b)in sub-section (2), for "practitioner who is an officer of VLA when VLA or that practitioner" substitute "legal practitioner who is an officer of VLA when VLA or that officer".
57.21For section 31(3) substitute—
'(3)A relevant person in relation to an assisted person must disclose to VLA, an officer of VLA or an independent reviewer any information that is within the relevant person's knowledge or to which the relevant person has access that is required by VLA, the officer or the independent reviewer for the purposes of performing functions under this Act and that—
(a)is relevant to the provision of services by way of legal assistance to the assisted person; or
(b)concerns the progress and disposal of the matter.
(4)In sub-section (3)—
"relevant person", in relation to an assisted person, means—
(a)a private law practice that has been selected to perform, is performing, or has performed, services for the assisted person in respect of any matter; or
(b)a private legal practitioner who is or was a partner, director or employee of that private law practice.'.
57.22For section 32(1) substitute—
"(1)If a private legal practitioner performs or has performed legal services on behalf of an assisted person, he or she must not demand, take or accept any payment for performing those services other than the payment to which the private law practice of which he or she is a principal or employee is entitled under this Act.
Penalty:50 penalty units or imprisonment for 6 months.".
57.23In section 32—
(a)in sub-section (2), for "private practitioners" substitute "private law practices";
(b)in sub-section (2A), for "private practitioner" substitute "private law practice";
(c)in sub-section (2B), for "Legal Practice Board and any RPAs (within the meaning of the Legal Practice Act 1996)" substitute "Legal Services Board and any professional associations";
(d)in sub-sections (2BA) and (2C), for "private practitioner" (wherever occurring) substitute "private law practice";
(e)in sub-section (3), for "taxed" substitute "reviewed in accordance with Part 3.4 of the Legal Profession Act 2004".
57.24In section 33(2)(a), for "private practitioner" (wherever occurring) substitute "private legal practitioner".
57.25In section 40F for "practitioner" substitute "legal practitioner".
57.26In section 41(2)—
(a)in paragraph (b), for "section 380 of the Legal Practice Act 1996;" substitute "section 6.7.9 of the Legal Profession Act 2004;";
(b)in paragraph (d), for "section 174 of the Legal Practice Act 1996" substitute "section 3.3.13 of the Legal Profession Act 2004".
57.27For section 43(4) substitute—
"(4)If VLA calls for tenders to conduct a case, a private law practice that, or private legal practitioner who, is supplied with any information about the case by VLA, and any person who is a partner, director or employee of such a private law practice, must not without the consent of VLA—
(a)communicate or permit to be communicated to any person, or give in evidence in a court, any of that information; or
(b)produce in a court any document received from VLA in relation to the case.
Penalty:25 penalty units or imprisonment for 6 months.".
57.28In section 43(5), for "private practitioner or employee of a private practitioner" substitute "private law practice or partner, director or employee of a private law practice".
58.Legal Aid Commission (Amendment) Act 1989
In section 9(1)(b), in proposed sub-section (4A), for "sole practitioner, firm or incorporated practitioner" substitute "law practice".
59.Leo Cussen Institute Act 1972
59.1In section 2, for the definition of "legal practitioner" substitute—
' "Australian lawyer" has the same meaning as in the Legal Profession Act 2004;'.
59.2In section 4(1)(a) and (e) for "legal practitioners" substitute "Australian lawyers".
59.3In section 11(4), omit "established under the Legal Practice Act 1996".
60.Liquor Control Reform Act 1998
In section 172(3)(b), for "a legal practitioner" substitute "an Australian lawyer (within the meaning of the Legal Profession Act 2004)".
61.Local Government Act 1989
61.1For clause 6(2) of Schedule 4 substitute—
"(2)An Australian legal practitioner or other person appearing before a Tribunal on behalf of a party has the same protection and immunity as an Australian legal practitioner has in appearing for a party in proceedings in the Supreme Court.".
61.2After clause 6(3) of Schedule 4 insert—
'(4)In this clause—
"Australian legal practitioner" has the same meaning as in the Legal Profession Act 2004.'.
62.Long Service Leave Act 1992
In section 154(5)(c), for "a legal practitioner" substitute "an Australian lawyer (within the meaning of the Legal Profession Act 2004)".
63.Magistrates' Court Act 1989
63.1In section 3(1), after the definition of "Koori Court officer" insert—
' "legal practitioner" means an Australian legal practitioner within the meaning of the Legal Profession Act 2004;'.
63.2For sections 7(3)(b) and 9(2)(b) substitute—
"(b)is an Australian lawyer (within the meaning of the Legal Profession Act 2004) of at least 5 years' standing.".
64.Major Crime (Investigative Powers) Act 2004
64.1In section 3, after the definition of "coercive powers order" insert—
' "legal practitioner" means an Australian legal practitioner within the meaning of the Legal Profession Act 2004;'.
64.2In section 21(4), for the definition of "Australian lawyer" substitute—
' "Australian lawyer" has the same meaning as in the Legal Profession Act 2004.'.
65.Major Crime (Special Investigations Monitor) Act 2004
In section 3, for the definition of "Australian lawyer" substitute—
' "Australian lawyer" has the same meaning as in the Legal Profession Act 2004;'.
66.Medical Practice Act 1994
In section 3(1), for the definition of "lawyer" substitute—
' "lawyer" means an Australian lawyer within the meaning of the Legal Profession Act 2004;'.
67.Mental Health Act 1986
67.1For section 59(5)(a) substitute—
"(a)an Australian legal practitioner (within the meaning of the Legal Profession Act 2004); or".
67.2For section 130A(2) substitute—
'(2)An Australian legal practitioner or other person appearing before the Board or the Psychosurgery Review Board on behalf of another person has the same protection and immunity as an Australian legal practitioner has in appearing for a party in proceedings in the Supreme Court.
(2A)In sub-section (2)—
"Australian legal practitioner" has the same meaning as in the Legal Profession Act 2004.'.
68.Metropolitan Fire Brigades Act 1958
In sections 78C(2) and 79L(1), for "a legal practitioner" substitute "an Australian legal practitioner (within the meaning of the Legal Profession Act 2004)".
69.Mineral Resources Development Act 1990
In section 100(4) for "admitted as a barrister and solicitor of the Supreme Court" substitute "an Australian lawyer (within the meaning of the Legal Profession Act 2004)".
70.Mines Act 1958
In section 369(1), before the definition of "mine" insert—
' "legal practitioner" means an Australian legal practitioner within the meaning of the Legal Profession Act 2004;'.
71.Motor Car Traders Act 1986
For section 57(1)(a) substitute—
"(a)one, who is the chairperson, must be an Australian lawyer (within the meaning of the Legal Profession Act 2004) of at least 5 years' standing; and".
72.Nurses Act 1993
72.1In section 3(1), for the definition of "lawyer" substitute—
' "lawyer" means an Australian lawyer within the meaning of the Legal Profession Act 2004;'.
72.2In section 22(3)(b) for "legal practitioner" substitute "lawyer".
73.Ombudsman Act 1973
73.1In section 13(3)(aa) for "legal practitioner" substitute "Australian lawyer (within the meaning of the Legal Profession Act 2004)".
73.2In section 17(3) for "a legal practitioner" substitute "an Australian lawyer (within the meaning of the Legal Profession Act 2004)".
74.Optometrists Registration Act 1996
In section 3, for the definition of "lawyer" substitute—
' "lawyer" means an Australian lawyer within the meaning of the Legal Profession Act 2004;'.
75.Osteopaths Registration Act 1996
In section 3, for the definition of "lawyer" substitute—
' "lawyer" means an Australian lawyer within the meaning of the Legal Profession Act 2004;'.
76.Outworkers (Improved Protection) Act 2003
For section 55(5)(b) substitute—
"(b)an Australian lawyer (within the meaning of the Legal Profession Act 2004) briefed by the person authorised to bring the prosecution.".
77.Parliamentary Committees Act 2003
In section 27—
(a)in sub-section (3), for "a legal practitioner" substitute "an Australian lawyer (within the meaning of the Legal Profession Act 2004)";
(b)in sub-section (4), for "a legal practitioner" substitute "an Australian lawyer".
78.Pharmacists Act 1974
In section 18(2), for "a qualified legal practitioner" substitute "an Australian legal practitioner (within the meaning of the Legal Profession Act 2004)".
79.Pharmacy Practice Act 2004
In section 3(1), for the definition of "lawyer" substitute—
' "lawyer" means an Australian lawyer within the meaning of the Legal Profession Act 2004;'.
80.Physiotherapists Registration Act 1998
In section 3, for the definition of "lawyer" substitute—
' "lawyer" means an Australian lawyer within the meaning of the Legal Profession Act 2004;'.
81.Planning and Environment Act 1987
In section 149A(4) for "a legal practitioner" substitute "an Australian lawyer (within the meaning of the Legal Profession Act 2004)".
82.Podiatrists Registration Act 1997
In section 3, for the definition of "lawyer" substitute—
' "lawyer" means an Australian lawyer within the meaning of the Legal Profession Act 2004;'.
83.Police Regulation Act 1958
In section 3(1), for the definition of "legal practitioner" substitute—
' "legal practitioner" means an Australian lawyer within the meaning of the Legal Profession Act 2004;'.
84.Prisoners (Interstate Transfer) Act 1983
In sections 14(3)(a) and 16(2), for "a legal practitioner" substitute "an Australian legal practitioner (within the meaning of the Legal Profession Act 2004)".
85.Private Security Act 2004
For section 4(e) substitute—
"(e)an Australian lawyer (within the meaning of the Legal Profession Act 2004) acting in the course of his or her legal practice or a clerk of an Australian lawyer acting in the course of his or her duties in the ordinary course of that practice;".
86.Professional Standards Act 2003
In section 5(1)(b), for "a legal practitioner" substitute "an Australian legal practitioner (within the meaning of the Legal Profession Act 2004)".
87.Property Law Act 1958
For section 3 substitute—
'3.Definitions
In this Act—
"Court" means—
(a)in relation to property or an estate or interest in property the value of which does not exceed the jurisdictional limit of the County Court, the Supreme Court or the County Court;
(b)in any other case, the Supreme Court;
"legal practitioner" means an Australian legal practitioner within the meaning of the Legal Profession Act 2004.'.
88.Psychologists Registration Act 2000
In section 3, for the definition of "lawyer" substitute—
' "lawyer" means an Australian lawyer within the meaning of the Legal Profession Act 2004;'.
89.Public Notaries Act 2001
89.1In section 3—
(a)insert the following definitions—
' "Australian lawyer" has the same meaning as in the Legal Profession Act 2004;
"Australian practising certificate" has the same meaning as in the Legal Profession Act 2004;
"Legal Services Board" has the same meaning as in the Legal Profession Act 2004;';
(b)for the definition of "Board of Examiners", substitute—
' "Board of Examiners" has the same meaning as in the Legal Profession Act 2004;';
(c)for the definition of "Council of Legal Education", substitute—
' "Council of Legal Education" has the same meaning as in the Legal Profession Act 2004;';
(d)the definitions of "Legal Practice Board" and "practising certificate" are repealed.
89.2In section 4—
(a)for paragraph (b) substitute—
"(b)is an Australian lawyer; and";
(b)in paragraph (c), for "a practising certificate" substitute "an Australian practising certificate".
89.3In section 5(7), for "a practising certificate" substitute
"an Australian practising certificate".
89.4In section 8—
(a)in sub-section (6), for "a person admitted to legal practice in Victoria," substitute "an Australian lawyer";
(b)in sub-section (7), for "Legal Practice Board" substitute "Legal Services Board".
89.5In section 9(1)(b) for "a practising certificate in force under the Legal Practice Act 1996" substitute "an Australian practising certificate".
90.Public Prosecutions Act 1994
90.1In section 3, insert the following definitions—
' "Australian lawyer" has the same meaning as in the Legal Profession Act 2004;
"legal practitioner" means an Australian legal practitioner within the meaning of the Legal Profession Act 2004;'.
90.2In section 13(1) for "a barrister and solicitor of the Supreme Court" substitute "an Australian lawyer".
90.3In section 23(2)(c)(i), (iii), (iv) and (v), for "legal practitioner" substitute "Australian lawyer".
90.4In sections 31(1) and 36A(1), for "a barrister and solicitor of the Supreme Court" substitute "an Australian lawyer".
91.Racing Act 1958
91.1In section 83F, after the definition of "appeal" insert—
' "Australian lawyer" has the same meaning as in the Legal Profession Act 2004;'.
91.2In section 83H(1)(a), for "a duly qualified legal practitioner" substitute "an Australian lawyer".
91.3In section 83H(3), for "duly qualified legal practitioner" substitute "Australian lawyer".
91.4In section 83M(10) for "a duly qualified legal practitioner", substitute "an Australian lawyer".
91.5For section 83MA(2) substitute—
"(2)A person appearing before the Tribunal on behalf of a party has the same protection and immunity as an Australian legal practitioner (within the meaning of the Legal Profession Act 2004) has in appearing for a party in proceedings in the Supreme Court.".
92.Retail Leases Act 2003
In section 3, for the definition of "legal practitioner" substitute—
' "legal practitioner" means an Australian lawyer within the meaning of the Legal Profession Act 2004;'.
93.Retirement Villages Act 1986
In section 3(1), after the definition of "in-going contribution" insert—
' "legal practitioner" means an Australian legal practitioner within the meaning of the Legal Profession Act 2004;'.
94.Sale of Land Act 1962
94.1In section 2(1), after the definition of "land" insert—
' "legal practitioner" means an Australian legal practitioner within the meaning of the Legal Profession Act 2004;'.
94.2In section 6(4)(b) omit "duly qualified".
95.Sale of Goods (Vienna Convention) Act 1987
95.1In section 7(1) for "a legal practitioner" substitute "an Australian lawyer (within the meaning of the Legal Profession Act 2004)".
95.2Section 7(2) is repealed.
96.Securities Industry Act 1975
96.1In section 4(1), after the definition of "investment representatives licence" insert—
' "legal practitioner" means an Australian legal practitioner within the meaning of the Legal Profession Act 2004;'.
96.2In section 4(1), in paragraph (d) of the definition of "investment adviser" for "solicitor" substitute "legal practitioner".
96.3In sections 18(4) and 19(5) and (6), omit "duly qualified".
96.4In section 21(6) for "solicitor" substitute "legal practitioner".
96.5In section 23, omit "duly qualified".
96.6In section 101(4) for "solicitor" substitute "or her legal practitioner".
97.Sentencing Act 1991
97.1In section 3(1), after the definition of "justice plan" insert—
' "lawyer" means an Australian lawyer within the meaning of the Legal Profession Act 2004;
"legal practitioner" means an Australian legal practitioner within the meaning of the Legal Profession Act 2004;'.
97.2In sections 6AD(b)(i), 6AD(b)(ii), 6AE(c), 18ZI(2), 87A(6) and 87G(b)(i) for "legal practitioner" (wherever occurring) substitute "lawyer".
98.Settled Land Act 1958
In section 3(1), after the definition of "land" insert—
' "legal practitioner" means an Australian legal practitioner within the meaning of the Legal Profession Act 2004;'.
99.Sex Offenders Registration Act 2004
In section 70(2)(d), for "a legal practitioner" substitute "an Australian legal practitioner (within the meaning of the Legal Profession Act 2004)".
100.Sports Event Ticketing (Fair Access) Act 2002
In section 29(3)(b), for "a legal practitioner" substitute "an Australian legal practitioner (within the meaning of the Legal Profession Act 2004)".
101.State Trustees (State Owned Company) Act 1994
After section 14(2) insert—
'(3)In this section, "legal practitioner" means an Australian legal practitioner within the meaning of the Legal Profession Act 2004.'.
102.Stock (Seller Liability and Declarations) Act 1993
In section 32(2) for "a barrister and solicitor of the Supreme Court of Victoria" substitute "an Australian lawyer (within the meaning of the Legal Profession Act 2004)".
103.Supreme Court Act 1986
103.1In section 3(1)—
(a)insert the following definitions—
' "Australian lawyer" has the same meaning as in the Legal Profession Act 2004;
"law practice" has the same meaning as in the Legal Profession Act 2004;
"legal practitioner" means an Australian legal practitioner within the meaning of the Legal Profession Act 2004;';
(b)in the definition of "court official", for paragraph (a) substitute—
"(a)an officer of the Court (except a person who is an officer of the Court only because he or she is an Australian lawyer); or".
103.2In section 21(3)(c) for "a barrister and solicitor of the Court" substitute "an Australian lawyer".
103.3In section 76, for "firm of legal practitioners" (where twice occurring) substitute "law practice".
103.4In section 98(2), for "solicitor" substitute "legal practitioner".
103.5For section 104A(7)(b)(ii) substitute—
"(ii)he or she is engaged in legal practice in any State or Territory or is employed by a law practice in connection with the practice's legal practice in any State or Territory.".
103.6At the foot of section 112(3) insert—
'Note:The Taxing Master also has functions in relation to costs reviews under Division 7 of Part 3.4 of the Legal Profession Act 2004.'.
104.Surveillance Devices Act 1999
In section 24(1)(c), for "a legal practitioner" substitute
"an Australian lawyer (within the meaning of the Legal Profession Act 2004)".
105.Surveying Act 2004
In section 3, for the definition of "lawyer" substitute—
' "lawyer" means an Australian lawyer within the meaning of the Legal Profession Act 2004;'.
106.Teaching Service Act 1981
For section 75D(2)(a) substitute—
"(a)persons who are Australian lawyers (within the meaning of the Legal Profession Act 2004) of at least 5 years' standing and have been nominated by the Secretary;".
107.Transfer of Land Act 1958
107.1In section 4(1), after the definition of "land" insert—
' "legal practitioner" means an Australian legal practitioner within the meaning of the Legal Profession Act 2004;'.
107.2For section 44C(2)(a) substitute—
"(a)a legal practitioner; or".
107.3In Part I of Schedule 5A—
(a)for item 5 substitute—
"5.I hold an Australian practising certificate within the meaning of the Legal Profession Act 2004.";
(b)omit "(*Delete as applicable)".
107.4In Part 2 of Schedule 5A—
(a)for item 6 substitute—
"6.I hold an Australian practising certificate within the meaning of the Legal Profession Act 2004.";
(b)omit "(*Delete as applicable)";
(c)in item 5 of the Schedule, for "solicitor" substitute "legal practitioner".
108.Travel Agents Act 1986
In section 45(3), for "a duly qualified legal practitioner" substitute "an Australian legal practitioner (within the meaning of the Legal Profession Act 2004)".
109.Trustee Act 1958
109.1In section 3(1), after the definition of "land" insert—
' "legal practitioner" means an Australian legal practitioner within the meaning of the Legal Profession Act 2004;'.
109.2In section 28, for "barrister and solicitor" (wherever occurring) substitute "legal practitioner".
110.Trustee Companies Act 1984
110.1For section 20A substitute—
"20A.Preparation of wills
Despite anything to the contrary in the Legal Profession Act 2004, a trustee company may prepare wills and charge a fee and recover disbursements for will preparation and other related services, if the wills are prepared under the direction and control of an Australian legal practitioner within the meaning of that Act.".
110.2Insert the following heading to section 54—
"Testators may appoint their own lawyers".
110.3In section 54(1), for "a current practitioner" (wherever occurring) substitute "an Australian legal practitioner".
110.4For section 54(2) substitute—
'(2)In this section, "Australian legal practitioner" has the same meaning as in the Legal Profession Act 2004.'.
111.Unclaimed Moneys Act 1962
111.1In section 9(1), in the definition of "sole practitioner", for "Legal Practice Act 1996" substitute "Legal Profession Act 2004".
111.2For section 9(3) substitute—
"(3)A reference in this Act to a business holding unclaimed moneys, being a business that is a law practice (within the meaning of the Legal Profession Act 2004) includes a reference to unclaimed money being held in a trust account of the law practice.".
112.Veterinary Practice Act 1997
In section 3, for the definition of "lawyer" substitute—
' "lawyer" means an Australian lawyer within the meaning of the Legal Profession Act 2004;'.
113.Victims of Crime Assistance Act 1996
113.1In section 3(1), after the definition of "injury" insert—
' "legal practitioner" means an Australian legal practitioner within the meaning of the Legal Profession Act 2004;'.
113.2In section 48(6), for "Legal Practice Act 1996" substitute "Legal Profession Act 2004".
113.3In section 49(1), for "Division 2 of Part 5 of the Legal Practice Act 1996" substitute "Chapter 4 of the Legal Profession Act 2004".
114.Victoria Law Foundation Act 1978
114.1In section 2, for the definition of "lawyer" substitute—
' "lawyer" includes—
(a)an Australian lawyer (within the meaning of the Legal Profession Act 2004); and
(b)a person who is eligible for admission to the legal profession (within the meaning of the Legal Profession Act 2004); and
(c)a person who holds or has held judicial office; and
(d)a graduate in law;'.
114.2In section 11—
(a)for paragraph (b) substitute—
"(b)to promote legal education in Victoria, including the education and training of lawyers, and persons employed by lawyers, in any subject or field that in the opinion of the Foundation is likely to promote the efficient practice of law in Victoria;";
(b)in paragraph (f), for "legal practitioners" substitute "lawyers".
115.Victorian Civil and Administrative Tribunal Act 1998
115.1In section 3 for the definition of "legal practitioner" substitute—
' "legal practitioner" means an Australian lawyer within the meaning of the Legal Profession Act 2004;'.
115.2For section 152(1)(d) substitute—
"(d)an Australian legal practitioner (within the meaning of the Legal Profession Act 2004), nominated by the Minister after consultation with the Legal Services Board;".
116.Victorian Law Reform Commission Act 2000
116.1In section 1(2), for "Law Reform and Research Account (an account in the Public Purpose Fund maintained by the Legal Practice Board)" substitute "Public Purpose Fund maintained by the Legal Services Board".
116.2For section 17(a) substitute—
"(a)amounts paid to it under section 6.7.10 of the Legal Profession Act 2004; and".
117.Whistleblowers Protection Act 2001
In section 3(1), after the definition of "improper conduct" insert—
' "legal practitioner" means an Australian legal practitioner within the meaning of the Legal Profession Act 2004;'.
118.Wildlife Act 1975
In section 85(1)(b), for "his legal practitioner;" substitute "his or her Australian legal practitioner (within the meaning of the Legal Profession Act 2004);".
119.Wills Act 1997
In section 29(b), for "a legal practitioner" substitute "an Australian legal practitioner (within the meaning of the Legal Profession Act 2004)".
120.Young Women's Christian Association of Australia Incorporation Act 1962
In the proviso to section 9(2), for "a barrister or solicitor" substitute "an Australian legal practitioner (within the meaning of the Legal Profession Act 2004)".
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Endnotes
Minister's second reading speech—
Legislative Assembly: 24 February 2005
Legislative Council: 5 May 2005
The long title for the Bill for this Act was "to amend the Legal Profession Act 2004 and to amend other Acts as a consequence of the passage of the Legal Profession Act 2004 and for other purposes."
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