Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 (TAS)

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007

An Act to amend the Legal Profession Act 2007 and to amend certain Acts and statutory rules consequential on the enactment of that Act

[Royal Assent 19 December 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:

1Short titleThis Act may be cited as the Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 . 2CommencementThe provisions of this Act commence on a day or days to be proclaimed. 3Section 226(1) amended (Rules) Section 226(1) of the Legal Profession Act 2007 is amended by omitting "Board" and substituting "prescribed authority". 4Section 661 amended (Repeal and rescission) Section 661 of the Legal Profession Act 2007 is amended by omitting subsection (1) and substituting the following subsection: (1)  A provision of the Legal Profession Act 1993 is repealed to the extent and from the day fixed by proclamation in respect of that provision. 5Consequential AmendmentsThe legislation specified in Schedule 1 is amended as specified in that Schedule. 6Effect of certain consequential amendmentsThe amendment by this Act of a provision of any regulations, rules or by-laws made under any Act does not prevent that provision or any other provision of those regulations, rules or by-laws from being amended or rescinded by any subsequent regulations, rules or by-laws. Schedule 1Consequential Amendments

Section 5

1.    Section 46 is amended by inserting before the definition of authorised deposit-taking institution the following definitions: Australian lawyer has the same meaning as in the Legal Profession Act 2007 ; Australian legal practitioner has the same meaning as in the Legal Profession Act 2007 ; 1.    Regulation 21(7) is amended by omitting "a legal practitioner" and substituting "an Australian legal practitioner". 1.    Schedule 1 is amended by omitting "a legal practitioner under Part 5 of the Legal Profession Act 1993 " from clause 6 of Part 1 and substituting "an Australian lawyer". 1.    Section 12 is amended as follows: (a) by omitting from subsection (1)(c) “a legal practitioner of not less than 7 years’ standing” and substituting “an Australian lawyer of not less than 7 years’ standing as an Australian legal practitioner”; (b) by omitting from subsection (2) “a legal practitioner of not less than 7 years’ standing” and substituting “an Australian lawyer of not less than 7 years’ standing as an Australian legal practitioner”; (c) by omitting from subsection (3)(a) “a legal practitioner of not less than 7 years’ standing” and substituting “an Australian lawyer of not less than 7 years’ standing as an Australian legal practitioner”. 1.    Section 15(1)(c) is amended as follows: (a) by omitting "legal practitioners" first occurring and substituting "Australian legal practitioners"; (b) by omitting "legal practitioners" second occurring and substituting "Australian legal practitioners"; (c) by omitting from subparagraph (i) "legal practitioners" and substituting "Australian legal practitioners"; (d) by omitting from subparagraph (ii) "legal practitioners" and substituting "Australian legal practitioners". 2.    Section 18 is amended by omitting "solicitor" twice occurring and substituting "Australian legal practitioner". 1.    Section 3(1) is amended by inserting after the definition of issuing officer the following definition: legal practitioner means an Australian legal practitioner; 1.    Section 223(a) is amended by omitting "a legal practitioner" and substituting "an Australian legal practitioner". 1.    Section 56 is amended by omitting "a legal practitioner" and substituting "an Australian legal practitioner". 2.    Section 59 is amended as follows: (a) by omitting from subsection (1)(a) "a legal practitioner" and substituting "an Australian legal practitioner"; (b) by omitting from subsection (3)(a) "a legal practitioner" and substituting "an Australian legal practitioner"; (c) by omitting from subsection (3) "a legal practitioner" second occurring and substituting "an Australian legal practitioner"; (d) by omitting from subsection (4) "a legal practitioner" and substituting "an Australian legal practitioner". 1.    Clause 6 of Schedule 3 is amended as follows: (a) by omitting from subclause (1) "a legal practitioner" and substituting "an Australian legal practitioner"; (b) by omitting from subclause (2) "a legal practitioner" and substituting "an Australian legal practitioner"; (c) by omitting from subclause (3) "a legal practitioner" and substituting "an Australian legal practitioner". 1.    Section 20 is amended as follows: (a) by omitting from subsection (5) " Legal Profession Act 1993 " and substituting " Legal Profession Act 2007 "; (b) by omitting from subsection (6)(a) "a person who is admitted or entitled to practise as a barrister, solicitor or legal practitioner in Tasmania or in any other place, whether within or outside Australia" and substituting "an Australian lawyer or Australian legal practitioner". 2.    Section 34(1)(c) is amended by omitting "solicitor" and substituting "Australian legal practitioner". 1.    Section 4(2) is amended by omitting paragraph (a) and substituting the following paragraph: (a) one shall be an Australian lawyer who has practised as an Australian legal practitioner for not less than 5 years; 2.    Section 5(2) is amended by omitting "a legal practitioner who has practised as such for not less than 5 years" and substituting "an Australian lawyer who has practised as an Australian legal practitioner for not less than 5 years". 1.    Section 3(1) is amended by omitting the definition of legal practitioner and substituting the following definition: legal practitioner means an Australian legal practitioner; 2.    Section 5(1)(d) is amended by omitting " Legal Profession Act 1993 " and substituting " Legal Profession Act 2007 or a corresponding law within the meaning of that Act". 1.    Regulation 5(b) is amended by omitting “legal practitioner’s office” and substituting "law practice, within the meaning of the Legal Profession Act 2007 ,". 1.    Section 5(1)(b) is amended by omitting "solicitor" three times occurring and substituting "Australian legal practitioner". 2.    Section 8 is amended by omitting "solicitor" twice occurring and substituting "Australian legal practitioner". 3.    Section 69(1) is amended as follows: (a) by omitting "a solicitor" and substituting "an Australian legal practitioner"; (b) by omitting "the solicitor" twice occurring and substituting "the Australian legal practitioner". 4.    Section 84 is amended as follows: (a) by omitting from subsection (1) "a solicitor" and substituting "an Australian legal practitioner"; (b) by omitting from subsection (3) "the solicitor" and substituting "the Australian legal practitioner"; (c) by omitting from subsection (4) "a solicitor" and substituting "an Australian legal practitioner". 5.    Section 87(1) is amended by omitting "the solicitor" and substituting "the Australian legal practitioner". 1.    Section 349(1)(a) is amended by omitting "solicitors" and substituting "Australian legal practitioners". 2.    Section 396(2)(a) is amended by omitting "solicitor" and substituting "Australian legal practitioner". 3.    Section 404 is amended as follows: (a) by omitting from subsection (1) "A legal practitioner" and substituting "An Australian legal practitioner"; (b) by omitting from subsection (1)(a) "legal practitioner" first occurring and substituting "Australian legal practitioner"; (c) by omitting from subsection (1)(a) "a legal practitioner" and substituting "an Australian legal practitioner"; (d) by omitting from subsection (1)(b) "legal practitioner" first occurring and substituting "Australian legal practitioner"; (e) by omitting from subsection (1)(b) "legal practitioner" second occurring and substituting "Australian legal practitioner"; (f) by omitting from subsection (1)(b) "a legal practitioner" and substituting "an Australian legal practitioner"; (g) by omitting from subsection (2) "legal practitioner" and substituting "Australian legal practitioner"; (h) by omitting from subsection (3) "legal practitioner" twice occurring and substituting "Australian legal practitioner"; (i) by omitting from subsection (4) "legal practitioner" first occurring and substituting "Australian legal practitioner"; (j) by omitting from subsection (4)(a) "legal practitioner" and substituting "Australian legal practitioner". 4.    Section 406 is amended by omitting "solicitor" from paragraph (b) of the definition of involved person and substituting "Australian legal practitioner". 5.    Section 409(1) is amended by omitting "A legal practitioner" and substituting "An Australian legal practitioner". 6.    Section 410 is amended as follows: (a) by omitting from subsection (1) "a legal practitioner" twice occurring and substituting "an Australian legal practitioner"; (b) by omitting from subsection (1) "legal practitioner" second occurring and substituting "Australian legal practitioner"; (c) by omitting from subsection (2) "legal practitioner" twice occurring and substituting "Australian legal practitioner"; (d) by omitting from subsection (3) "legal practitioner" first occurring and substituting "Australian legal practitioner"; (e) by omitting from subsection (3)(a) "legal practitioner" and substituting "Australian legal practitioner". 7.    Section 413 is amended as follows: (a) by omitting from subsection (3) "a legal practitioner" and substituting "an Australian legal practitioner"; (b) by omitting from subsection (3) "legal practitioner" second occurring and substituting "Australian legal practitioner"; (c) by omitting from subsection (4) "A legal practitioner" and substituting "An Australian legal practitioner". 8.    Section 430(3)(c) is amended by omitting "a legal practitioner" and substituting "an Australian legal practitioner". 9.    Clause 7(2)(n) of Schedule 5 is amended by omitting "a solicitor" and substituting "an Australian legal practitioner". 1.    Section 52(4) is amended by omitting "a barrister, or a legal practitioner, within the meaning of the Legal Profession Act 1993 " and substituting "an Australian legal practitioner". 1.    Section 48 is amended by omitting "a barrister or a solicitor, or as both a barrister and a solicitor," and substituting "an Australian legal practitioner". 2.    Section 60(1) is amended by omitting "solicitor" from paragraph (b)(i) of the definition of eligible person and substituting "Australian legal practitioner". 1.    Section 3 is amended by omitting "a person referred to in paragraph (a) of the definition of "legal practitioner" in section 3 of the Legal Profession Act 1993" from the definition of legal practitioner and substituting "an Australian legal practitioner". 2.    Section 62(2)(a) is amended as follows: (a) by omitting "or barrister of the Supreme Court or of a Supreme Court of any part of the Commonwealth other than this State"; (b) by omitting "that Court" and substituting "a Supreme Court". 3.    Clause 6(2)(d)(ii) of Schedule 2 is amended by omitting "from the roll of barristers or legal practitioners kept by the Supreme Court" and substituting "from an Australian roll within the meaning of the Legal Profession Act 2007 ". 1.    Section 5(1) is amended as follows: (a) by omitting from paragraph (c) "a barrister or legal practitioner within the meaning of the Legal Profession Act 1993 " and substituting "an Australian lawyer"; (b) by omitting from paragraph (d) "a barrister or legal practitioner within the meaning of the Legal Profession Act 1993 " and substituting "an Australian lawyer". 2.    Clause 6 of Schedule 1 is amended as follows: (a) by omitting from paragraph (b) "a barrister or legal practitioner within the meaning of the Legal Profession Act 1993 " and substituting "an Australian lawyer"; (b) by omitting from paragraph (c) "a barrister or legal practitioner within the meaning of the Legal Profession Act 1993 " and substituting "an Australian lawyer". 1.    Section 4(1) is amended by omitting "a legal practitioner or barrister within the meaning of the Legal Profession Act 1993 " from paragraph (a) of the definition of authorized officer and substituting "an Australian legal practitioner". 2.    Section 57 is amended as follows: (a) by omitting from subsection (2)(c) "a barrister or solicitor" and substituting "an Australian legal practitioner"; (b) by omitting from subsection (3)(a)(iii) "a barrister or solicitor" and substituting "an Australian legal practitioner". 1.    Schedule 1 is amended as follows: (a) by omitting from section 254(1) "solicitor" and substituting "Australian legal practitioner"; (b) by omitting from section 348(13)(b) "legal practitioner" and substituting "Australian legal practitioner"; (c) by omitting from section 368A(5) "solicitor" and substituting "Australian legal practitioner"; (d) by omitting from section 388AA(6)(b) "a legal practitioner" and substituting "an Australian legal practitioner"; (e) by omitting from section 388A(8) "barrister" and substituting "Australian legal practitioner". 1.    Section 39B(3)(b) is amended by omitting "legal practitioner" and substituting "Australian legal practitioner". 1.    Section 3(1) is amended by omitting the definition of legal practitioner and substituting the following definition: legal practitioner means an Australian legal practitioner; 1.    Clause 2(3) of Schedule 2 is amended by omitting "a legal practitioner" and substituting "an Australian legal practitioner". 1.    Section 4 is amended by omitting "a legal practitioner within the meaning of the Legal Profession Act 1993 " from the definition of practitioner and substituting "an Australian legal practitioner". 1.    Section 3(d) is amended by omitting "attorney or solicitor" and substituting "Australian legal practitioner". 1.    Clause 6 of Schedule 3 is amended as follows: (a) by omitting from subclause (1) "a legal practitioner" and substituting "an Australian legal practitioner"; (b) by omitting from subclause (2) "a legal practitioner" and substituting "an Australian legal practitioner"; (c) by omitting from subclause (3) "a legal practitioner" and substituting "an Australian legal practitioner"; (d) by omitting from subclause (4) "a legal practitioner" and substituting "an Australian legal practitioner". 1.    Clause 6 of Schedule 3 is amended as follows: (a) by omitting from subclause (1) "a legal practitioner" and substituting "an Australian legal practitioner"; (b) by omitting from subclause (2) "a legal practitioner" and substituting "an Australian legal practitioner"; (c) by omitting from subclause (3) "a legal practitioner" and substituting "an Australian legal practitioner". 1.    Section 2 is amended by omitting "a legal practitioner within the meaning of the Legal Profession Act 1993 " from the definition of practitioner and substituting "an Australian legal practitioner". 2.    Section 4 is amended by omitting subsection (2) and substituting the following subsection: (2)  A person is not eligible for appointment as Director unless he or she is an Australian lawyer of not less than 7 years’ standing as a practitioner. 3.    Section 12(1)(c) is amended by omitting "solicitor" and substituting "practitioner". 1.    Section 9(1) is amended by omitting paragraph (a) and substituting the following paragraph: (a) an Australian lawyer; and 1.    Schedule 5A is amended by omitting "a legal practitioner, barrister, solicitor or barrister and solicitor of the High Court or the Supreme Court of a State" from clause 13(1)(b) of Part 3 and substituting "an Australian legal practitioner". 1.    Section 10 is repealed and the following section is substituted: 10Counsel entitled to practise A person who is entitled to practise as an Australian legal practitioner in a participating State is entitled to practise as an Australian legal practitioner – (a) in relation to the examination in chief, cross-examination or re-examination of a witness in the participating State whose evidence is being given by audio link or audio visual link in a proceeding before a Tasmanian court; and (b) in relation to the making of submissions by audio link or audio visual link from the participating State in a proceeding before a Tasmanian court. 2.    Section 16(2) is amended by omitting "a legal practitioner" twice occurring and substituting "an Australian legal practitioner". 3.    Section 19 is amended as follows: (a) by omitting from paragraph (a)(i) "a legal practitioner" and substituting "an Australian legal practitioner"; (b) by omitting from paragraph (b)(iii) "a legal practitioner" and substituting "an Australian legal practitioner". 1.    Section 3(1) is amended by omitting "a legal practitioner within the meaning of the Legal Profession Act 1993 " from the definition of lawyer and substituting "an Australian legal practitioner". 1.    Section 31 is amended as follows: (a) by omitting from subsection (2)(b) "a legal practitioner" and substituting "an Australian legal practitioner"; (b) by omitting from subsection (3) "a legal practitioner" and substituting "an Australian legal practitioner". 1.    Section 2 is amended by inserting after the definition of fires the following definition: legal practitioner means an Australian legal practitioner; 2.    Section 14(5)(b) is amended by omitting "solicitor" and substituting "legal practitioner". 1.    Section 16(3) is amended by omitting "a legal practitioner" and substituting "an Australian legal practitioner". 2.    Section 33(1)(a) is amended by omitting "a legal practitioner" and substituting "an Australian legal practitioner". 1.    Section 34(2)(a) is amended as follows: (a) by omitting "of barristers or legal practitioners" and substituting "of Australian lawyers"; (b) by omitting "as barristers or legal practitioners" and substituting "as Australian legal practitioners". 2.    Section 37(8) is amended by omitting "a barrister or a legal practitioner" and substituting "an Australian legal practitioner". 1.    Section 5(1) is amended by omitting " Legal Profession Act 1993 " from paragraph (f) of the definition of prescribed authority and substituting " Legal Profession Act 2007 ". 2.    Section 29(2) is amended by omitting "a lawyer" and substituting "an Australian legal practitioner". 3.    Section 32B is repealed and the following section is substituted: 32BInformation relating to Law Society (1) Before the commencement of Chapter 5 of the Legal Profession Act 2007 , without limiting the application of any other exemption under this Act, information contained in records in the possession of the Law Society is exempt information unless it relates to the performance and exercise of the functions and powers under Parts 8 and 9 of the Legal Profession Act 1993 . (2) After the commencement of Chapter 5 of the Legal Profession Act 2007 , without limiting the application of any other exemption under this Act, information contained in records in the possession of the Law Society is exempt information unless it relates to the performance and exercise of functions and powers of the Law Society as a prescribed authority under Part 3.2 of Chapter 3 and Chapter 5 of that Act. (3)  For the purposes of this section – Law Society means the Law Society of Tasmania established under the Law Society Act 1962 and continued as a body corporate under the Legal Profession Act 2007 . 1.    Section 9(3) is amended by omitting "a barrister or solicitor" and substituting "an Australian legal practitioner". 1.    Section 7(2)(a) is amended by omitting “a qualified legal practitioner of not less than 7 years’ standing” and substituting “an Australian lawyer of not less than 7 years’ standing as an Australian legal practitioner”. 2.    Section 10 is amended by omitting "a duly qualified legal" and substituting "an Australian legal practitioner". 3.    Section 81A(4) is amended by omitting "a legal practitioner" and substituting "an Australian legal practitioner". 1.    Section 70H(2)(a) is amended by omitting "a legal practitioner" and substituting "an Australian legal practitioner". 1.    Section 5(4)(b)(i) is amended by omitting "a barrister or solicitor of the High Court, or of the Supreme Court of a State or Territory of the Commonwealth" and substituting "an Australian legal practitioner". 2.    Section 28 is amended as follows: (a) by omitting paragraph (b) from subsection (5) and substituting the following paragraph: (b) an interstate legal practitioner and an Australian-registered foreign lawyer. (b) by omitting subsection (7) and substituting the following subsection: (7)  In this section – Australian-registered foreign lawyer means an Australian-registered foreign lawyer within the meaning of the Legal Profession Act 2007 ; barrister means a barrister within the meaning of the Legal Profession Act 2007 ; interstate legal practitioner means an interstate legal practitioner within the meaning of the Legal Profession Act 2007 ; practitioner means an Australian legal practitioner. 1.    Section 31 is amended as follows: (a) by omitting from subsection (3) "legal practitioner" and substituting "Australian legal practitioner"; (b) by omitting from subsection (4) "legal practitioner" and substituting "Australian legal practitioner". 2.    Section 58(4)(b) is amended by omitting "a legal practitioner" and substituting "an Australian legal practitioner". 3.    Schedule 2 is amended by omitting item 3 and substituting the following item: 3.   An Australian legal practitioner. 1.    Section 5(8) is amended by omitting "a barrister or a solicitor, or as both a barrister and a solicitor," and substituting "an Australian legal practitioner". 1.    Section 47(12)(b) is amended by omitting "legal practitioner" and substituting "Australian legal practitioner". 2.    Section 106E(1A)(b) is amended by omitting "a legal practitioner" and substituting "an Australian legal practitioner". 3.    Section 130 is amended as follows: (a) by omitting from subsection (1) "attorney or solicitor" and substituting "Australian legal practitioner"; (b) by omitting from subsection (3) "attorney or solicitor" twice occurring and substituting "Australian legal practitioner". 4.    Section 134 is amended as follows: (a) by omitting from subsection (1)(b) "solicitor" and substituting "Australian legal practitioner"; (b) by omitting from subsection (2) "solicitor" and substituting "Australian legal practitioner". 1.    Section 3(1) is amended as follows: (a) by inserting the following definition after the definition of lease : legal practitioner means an Australian legal practitioner; (b) by omitting the definition of solicitor . 2.    Section 18(3)(c) is amended by omitting "solicitor" and substituting "legal practitioner". 3.    Section 48(2) is amended by omitting "solicitor" and substituting "legal practitioner". 4.    Section 60(3) is amended by omitting "solicitor" and substituting "legal practitioner". 5.    Section 81(2)(b) is amended as follows: (a) by omitting from subparagraph (ii) "solicitor" and substituting "legal practitioner"; (b) by omitting from subparagraph (iii) "solicitor" and substituting "legal practitioner". 1.    Section 3(1) is amended by omitting the definition of legal practitioner and substituting the following definition: legal practitioner means an Australian legal practitioner; 2.    Section 4(2) is amended by omitting paragraph (b) and substituting the following paragraph: (b) an Australian lawyer who has been a legal practitioner for at least 5 years. 3.    Section 17 is amended as follows: (a) by omitting from subsection (1)(c) "solicitor" and substituting "legal practitioner"; (b) by omitting from subsection (1A)(a) "solicitor" and substituting "legal practitioner". 4.    Section 28 is amended as follows: (a) by omitting from subsection (12) "solicitor" and substituting "legal practitioner"; (b) by omitting from subsection (13)(a) "solicitor" and substituting "legal practitioner". 5.    Section 32(2)(b) is amended by omitting "a solicitor" and substituting "a legal practitioner". 6.    Section 50(15) is amended by omitting "solicitor" twice occurring and substituting "legal practitioner". 7.    Section 52(1)(d) is amended by omitting "solicitor" and substituting "legal practitioner". 8.    Section 129(4)(b) is amended by omitting "solicitor" and substituting "legal practitioner". 9.    Section 133 is amended as follows: (a) by omitting from subsection (2) "solicitor" and substituting "legal practitioner"; (b) by omitting from subsection (4) "solicitor" and substituting "legal practitioner"; (c) by omitting from subsection (5)(a)(ii) "solicitor" and substituting "legal practitioner"; (d) by omitting from subsection (5)(h) "solicitor" and substituting "legal practitioner"; (e) by omitting from subsection (6) "solicitor" twice occurring and substituting "legal practitioner". 10.    Section 170(2)(b) is amended by omitting "solicitor" and substituting "legal practitioner". 1.    Section 46 is amended as follows: (a) by omitting from subsection (1) "solicitor" and substituting "Australian legal practitioner"; (b) by omitting from subsection (2) "a legal practitioner" and substituting "an Australian legal practitioner". 1.    Section 3 is amended as follows: (a) by omitting " Legal Profession Act 1993 " from the definition of Law Society and substituting " Legal Profession Act 2007 "; (b) by omitting "a legal practitioner within the meaning of the Legal Profession Act 1993 " from the definition of legal practitioner and substituting "an Australian legal practitioner". 2.    Section 24(4)(a)(i) is amended by omitting " Legal Profession Act 1993 " and substituting " Legal Profession Act 2007 ". 1.    Section 3(1) is amended by inserting after the definition of inhabit the following definition: legal practitioner means an Australian legal practitioner; 2.    Section 104(2)(b) is amended by omitting "barristers, solicitors" and substituting "legal practitioners". 1.    Regulation 22R(a) is amended by omitting "a legal practitioner" and substituting "an Australian legal practitioner". 1.    Section 60(11)(b) is amended by omitting "a solicitor" and substituting "an Australian lawyer". 1.    Section 3 is amended by inserting after the definition of joint authority the following definition: legal practitioner means an Australian legal practitioner; 2.    Section 28H(2)(b) is amended by omitting "a legal practitioner" and substituting "an Australian lawyer". 3.    Section 32 is amended as follows: (a) by omitting from subsection (2) "qualified"; (b) by omitting from subsection (3)(a) "qualified". 1.    Section 23 is amended as follows: (a) by omitting from subsection (1) "barrister or"; (b) by omitting from subsection (2) "barrister or" twice occurring; (c) by omitting the definition of barrister from subsection (3) ; (d) by omitting "a legal practitioner within the meaning of the Legal Profession Act 1993 " from the definition of practitioner in subsection (3) and substituting "an Australian legal practitioner". 1.    Section 14A is amended as follows: (a) by omitting from subsection (1) "barrister or"; (b) by omitting from subsection (2) "barrister or"; (c) by omitting from subsection (2) "barristers or"; (d) by omitting the definition of barrister from subsection (3) ; (e) by omitting "a legal practitioner within the meaning of the Legal Profession Act 1993 " from the definition of practitioner in subsection (3) and substituting "an Australian legal practitioner". 1.    Section 3(1) is amended by omitting the definition of legal practitioner and substituting the following definition: legal practitioner means an Australian legal practitioner; 1.    Section 3 is amended by inserting after the definition of guardian the following definition: legal practitioner means an Australian legal practitioner; 2.    Section 14(3) is amended by omitting " Legal Profession Act 1993 " and substituting " Legal Profession Act 2007 ". 1.    Section 3 is amended as follows: (a) by inserting the following definition after the definition of district : law practice has the same meaning as in the Legal Profession Act 2007 ; (b) by omitting "a legal practitioner within the meaning of the Legal Profession Act 1993 " from the definition of practitioner and substituting "an Australian legal practitioner". 2.    Section 11(1) is amended by omitting "solicitors" and substituting "practitioners". 3.    Section 36(3) is amended by omitting " Part 6 and Part 7 of the Legal Profession Act 1993 " and substituting "the Legal Profession Act 2007 ". 1.    Section 8(1) is amended by omitting "a legal practitioner within the meaning of the Legal Profession Act 1993 of not less than 5 years’ standing” and substituting “an Australian lawyer of not less than 5 years’ standing as an Australian legal practitioner”. 2.    Section 12(a) is amended by omitting "a practitioner or barrister of the Supreme Court" and substituting "an Australian legal practitioner". 1.    Section 49(2)(a) is amended by omitting "a qualified legal practitioner" and substituting "an Australian legal practitioner". 1.    Section 34(6) is amended by omitting "a legal practitioner" and substituting "an Australian legal practitioner". 2.    Section 35 is amended as follows: (a) by omitting from subsection (3)(b) "a legal practitioner" and substituting "an Australian legal practitioner"; (b) by omitting from subsection (6)(b)(i) "legal practitioner" and substituting "Australian legal practitioner". 1.    Section 3(1) is amended by omitting the definition of legal practitioner and substituting the following definition: legal practitioner means an Australian legal practitioner; 2.    Section 6(1) is amended as follows: (a) by omitting from paragraph (b) "legal practitioner" and substituting "Australian lawyer"; (b) by omitting from paragraph (c) "legal practitioner" and substituting "Australian lawyer". 3.    Clause 4 of Schedule 1 is amended as follows: (a) by omitting from subclause (5) "a legal practitioner" and substituting "an Australian lawyer"; (b) by omitting from subclause (6) "legal practitioner" and substituting "Australian lawyer". 1.    Clause 6 of Schedule 3 is amended as follows: (a) by omitting from subclause (1) "a legal practitioner" and substituting "an Australian legal practitioner"; (b) by omitting from subclause (2) "a legal practitioner" and substituting "an Australian legal practitioner"; (c) by omitting from subclause (3) "a legal practitioner" and substituting "an Australian legal practitioner"; (d) by omitting from subclause (4) "a legal practitioner" and substituting "an Australian legal practitioner". 1.    Section 3 is amended by omitting the definition of legal practitioner and substituting the following definition: legal practitioner means an Australian legal practitioner; 2.    Section 48(2)(a) is amended by omitting “a qualified legal practitioner of not less than 7 years’ standing” and substituting “an Australian lawyer of not less than 7 years’ standing as a legal practitioner”. 3.    Section 73(1) is amended by omitting ", barrister or solicitor" from paragraph (c) of the definition of exempt correspondent . 1.    Section 131(4)(b) is amended by omitting "a legal practitioner" and substituting "an Australian legal practitioner". 1.    Section 5(1) is amended as follows: (a) by omitting paragraph (a) and substituting the following paragraph: (a) is an Australian legal practitioner of not less than 5 years’ standing; and (b) by omitting "a barrister or solicitor" third occurring and substituting "an Australian legal practitioner". 2.    Section 7(4) is amended by omitting "legal practitioners or barristers kept under the Legal Profession Act 1993 " and substituting "local lawyers, kept under the Legal Profession Act 2007 or barristers". 3.    Section 11(2)(b) is amended by omitting "a barrister or solicitor" and substituting "an Australian legal practitioner". 1.    Section 3(1) is amended by omitting the definition of legal practitioner and substituting the following definition: legal practitioner means an Australian legal practitioner; 1.    Section 3(1) is amended by omitting "a legal practitioner within the meaning of the Legal Profession Act 1993 " from the definition of legal practitioner and substituting "an Australian legal practitioner". 1.    Clause 6 of Schedule 3 is amended as follows: (a) by omitting from subclause (1) "a legal practitioner" and substituting "an Australian legal practitioner"; (b) by omitting from subclause (2) "a legal practitioner" and substituting "an Australian legal practitioner"; (c) by omitting from subclause (3) "a legal practitioner" and substituting "an Australian legal practitioner"; (d) by omitting from subclause (4) "a legal practitioner" and substituting "an Australian legal practitioner". 1.    Clause 6 of Schedule 3 is amended as follows: (a) by omitting from subclause (1) "a legal practitioner" and substituting "an Australian legal practitioner"; (b) by omitting from subclause (2) "a legal practitioner" and substituting "an Australian legal practitioner"; (c) by omitting from subclause (3) "a legal practitioner" and substituting "an Australian legal practitioner"; (d) by omitting from subclause (4) "a legal practitioner" and substituting "an Australian legal practitioner". 1.    Section 5(4)(a) is amended by omitting "solicitors" and substituting "Australian legal practitioners". 1.    Section 3(1) is amended by omitting "a legal practitioner within the meaning of the Legal Profession Act 1993 " from the definition of legal practitioner and substituting "an Australian legal practitioner". 1.    Section 9(6)(c) is amended by omitting "a lawyer" and substituting "an Australian legal practitioner". 2.    Section 17(6)(c) is amended by omitting "a lawyer" and substituting "an Australian legal practitioner". 3.    Section 25(5)(c) is amended by omitting "a lawyer" and substituting "an Australian legal practitioner". 1.    Section 3 is amended by omitting "a legal practitioner as defined in the Legal Profession Act 1993 " from the definition of legal practitioner and substituting "an Australian legal practitioner". 1.    Section 44 is amended by inserting after subsection (3) the following subsection: (4)  For the purpose of this section – legal practitioner means an Australian lawyer or, in the case of execution or registration of a power of attorney outside Australia, a legal practitioner of that place of execution or registration. 1.    Section 12(3)(a) is amended by omitting "a legal practitioner" and substituting "an Australian legal practitioner". 2.    Section 14(2) is amended by omitting "a legal practitioner" and substituting "an Australian legal practitioner". 1.    Section 5(1)(b) is amended by omitting "a legal practitioner" and substituting "an Australian legal practitioner". 1.    Section 3(1) is amended by inserting after the definition of Guarantee Fund the following definition: legal practitioner means an Australian legal practitioner; 2.    Section 4(3)(d) is amended by omitting "in respect of whom a practising certificate is in force under section 51 of the Legal Profession Act 1993 ". 1.    Regulation 3(1) is amended by omitting the definition of legal practitioner . 1.    Section 3 is amended by omitting "a person who is a legal practitioner within the meaning of the Legal Profession Act 1993 " from the definition of legal practitioner and substituting "an Australian legal practitioner". 1.    Section 36(2) is amended by omitting "solicitor" and substituting "Australian legal practitioner". 2.    Section 55 is amended as follows: (a) by omitting "a solicitor" and substituting "an Australian legal practitioner"; (b) by omitting "counsel or solicitor" and substituting "an Australian legal practitioner". 3.    Section 59(a) is amended by omitting "a solicitor" and substituting "an Australian legal practitioner". 4.    Section 71(3) is amended by omitting "solicitor" twice occurring and substituting "Australian legal practitioner". 1.    Part 5 of Schedule 1 is amended as follows: (a) by omitting from clause 1(a) "a solicitor" and substituting "an Australian lawyer or Australian legal practitioner"; (b) by omitting from clause 2 "a solicitor" and substituting "an Australian lawyer or Australian legal practitioner". 1.    Section 5 is amended by omitting "a solicitor" and substituting "an Australian legal practitioner". 1.    Section 3 is amended by inserting after the definition of greyhound race the following definition: independent legal practitioner means the person for the time being appointed to the office referred to in section 20 ; 2.    Section 19 is amended as follows: (a) by omitting from subsection (1)(b) "independent lawyer" and substituting "independent legal practitioner"; (b) by omitting from subsection (2)(b) "independent lawyer" and substituting "independent legal practitioner"; (c) by omitting from subsection (3)(b) "independent lawyer" and substituting "independent legal practitioner". 3.    Section 20 is amended as follows: (a) by omitting from subsection (1)(a) "legal practitioner" and substituting "Australian legal practitioner"; (b) by omitting from subsection (1)(a) "independent lawyer" and substituting "independent legal practitioner"; (c) by omitting from subsection (1)(b) "legal practitioner" and substituting "Australian legal practitioner"; (d) by omitting from subsection (2) "independent lawyer" and substituting "independent legal practitioner"; (e) by omitting from subsection (2) “independent lawyer’s” and substituting “independent legal practitioner’s”; (f) by omitting from subsection (3) "independent lawyer" and substituting "independent legal practitioner"; (g) by omitting from subsection (3) “independent lawyer’s” and substituting “independent legal practitioner’s”; (h) by omitting from subsection (4) "independent lawyer" twice occurring and substituting "independent legal practitioner"; (i) by omitting from subsection (4) “independent lawyer’s” and substituting “independent legal practitioner’s”. 4.    Section 23(3) is amended by omitting "legal practitioners" and substituting "Australian legal practitioners". 5.    Section 30 is amended as follows: (a) by omitting from subsection (9) "a legal practitioner" and substituting "an Australian legal practitioner"; (b) by omitting from subsection (10) "a legal practitioner" and substituting "an Australian legal practitioner". 6.    Section 32(2) is amended as follows: (a) by omitting "A legal practitioner" and substituting "An Australian legal practitioner"; (b) by omitting "a barrister" and substituting "an Australian legal practitioner". 7.    Schedule 3 is amended as follows: (a) by omitting the definition of independent lawyer from clause 1 of Part 1 ; (b) by omitting from clause 1 of Part 3 "independent lawyer" and substituting "independent legal practitioner"; (c) by omitting from clause 1 of Part 3 “independent lawyer’s” and substituting “independent legal practitioner’s”; (d) by omitting from clause 2(1) of Part 3 "independent lawyer" and substituting "independent legal practitioner"; (e) by omitting from clause 2(1)(c) of Part 3 "barristers or legal practitioners" and substituting "local lawyers"; (f) by omitting from clause 2(2) of Part 3 "independent lawyer" first occurring and substituting "independent legal practitioner"; (g) by omitting from clause 2(2)(a) of Part 3 "independent lawyer" and substituting "independent legal practitioner"; (h) by omitting from clause 2(2)(b) of Part 3 "independent lawyer" and substituting "independent legal practitioner"; (i) by omitting from clause 2(2)(c) of Part 3 "independent lawyer" and substituting "independent legal practitioner"; (j) by omitting from clause 2(2)(d) of Part 3 "independent lawyer" and substituting "independent legal practitioner"; (k) by omitting from clause 2(2)(e) of Part 3 “independent lawyer’s” and substituting “independent legal practitioner’s”; (l) by omitting from clause 2(2)(e) of Part 3 "legal practitioner" and substituting "local lawyer"; (m) by omitting from clause 2(2)(f) of Part 3 "independent lawyer" and substituting "independent legal practitioner"; (n) by omitting from clause 2(2)(g) of Part 3 "independent lawyer" and substituting "independent legal practitioner"; (o) by omitting from clause 2(3)(a) of Part 3 "independent lawyer" and substituting "independent legal practitioner"; (p) by omitting from clause 2(3)(b) of Part 3 “independent lawyer’s” and substituting “independent legal practitioner’s”; (q) by omitting from clause 2(3)(b) of Part 3 "independent lawyer" and substituting "independent legal practitioner"; (r) by omitting from clause 2(4) of Part 3 "independent lawyer" and substituting "independent legal practitioner"; (s) by omitting the definition of independent lawyer from clause 2(5) of Part 3 and substituting the following definition: independent legal practitioner includes the independent legal practitioner’s deputy. 8.    Clause 2 of Schedule 4 is amended as follows: (a) by omitting from subclause (1) "a legal practitioner" and substituting "an Australian legal practitioner"; (b) by omitting from subclause (2) "a legal practitioner" and substituting "an Australian legal practitioner"; (c) by omitting from subclause (3) "a legal practitioner" and substituting "an Australian legal practitioner"; (d) by omitting from subclause (4) "A legal practitioner" and substituting "An Australian legal practitioner"; (e) by omitting from subclause (4) "a barrister" and substituting "an Australian legal practitioner". 1.    Section 6(5) is amended by omitting "a legal practitioner" and substituting "an Australian legal practitioner". 1.    Section 12(1)(a)(ii) is amended by omitting "legal practitioner" and substituting "Australian legal practitioner". 2.    Section 14(3)(b) is amended by omitting "solicitor" and substituting "Australian legal practitioner". 3.    Section 41(1) is amended by omitting "legal practitioner" and substituting "Australian legal practitioner". 1.    Section 3 is amended as follows: (a) by omitting " Legal Profession Act 1993 " from the definition of corresponding law and substituting " Legal Profession Act 2007 "; (b) by omitting the definition of legal practitioner and substituting the following definition: legal practitioner means an Australian legal practitioner; 1.    Section 6 is amended as follows: (a) by omitting from paragraph (a) "a barrister or legal practitioner, within the meaning of the Legal Profession Act 1993 ," and substituting "an Australian legal practitioner"; (b) by omitting from paragraph (a) "5 years" and substituting “5 years’”; (c) by omitting from paragraph (ab) "a barrister or legal practitioner, within the meaning of the Legal Profession Act 1993 ," and substituting "an Australian legal practitioner". 2.    Section 15(1) is amended by omitting "enrolled as a barrister, solicitor, barrister and solicitor or legal practitioner of the High Court or the Supreme Court of a State" and substituting "an Australian lawyer or an Australian legal practitioner". 1.    Section 11A(1) is amended by omitting "a barrister, solicitor, barrister and solicitor or legal practitioner of the High Court or the Supreme Court of a State" and substituting "an Australian lawyer or an Australian legal practitioner". 1.    Schedule 1 is amended by omitting

The contract must include a statement that it has been recommended that, before the contract is signed, the prospective resident should obtain advice from a solicitor or other independent source.

The contract must include a statement that it has been recommended that, before the contract is signed, the prospective resident should obtain advice from an Australian legal practitioner or other independent source.

2.    Schedule 2 is amended by omitting "A SOLICITOR" from item 3 and substituting "AN AUSTRALIAN LEGAL PRACTITIONER". 3.    Schedule 3 is amended by omitting

Have I sought advice on the documents relating to the village from a solicitor, the Legal Aid Commission or some other appropriate source?

Have I sought advice on the documents relating to the village from an Australian legal practitioner, the Legal Aid Commission or some other appropriate source?

1.    Section 13A(5) is amended by omitting "a solicitor" and substituting "an Australian legal practitioner". 2.    Section 13B is amended as follows: (a) by omitting from subsection (1) "a legal practitioner" and substituting "an Australian legal practitioner"; (b) by omitting from subsection (2)(b) "a legal practitioner" and substituting "an Australian legal practitioner"; (c) by omitting from subsection (2)(b) "the legal practitioner" and substituting "the Australian legal practitioner". 1.    Section 7 is amended by omitting subsection (2) and substituting the following subsection: (2)  In this section – legal practitioner means an Australian legal practitioner. 1.    Section 41(1)(c) is amended by omitting "a legal practitioner" twice occurring and substituting "an Australian legal practitioner". 1.    Section 75(2)(b) is amended by omitting "legal practitioner" and substituting "Australian legal practitioner". 1.    Section 75(6)(b) is amended by omitting "legal practitioner" and substituting "Australian legal practitioner". 2.    Section 87(3)(b) is amended by omitting "legal practitioner" and substituting "Australian legal practitioner". 1.    Section 42(1) is amended by omitting "solicitor" three times occurring and substituting "Australian legal practitioner". 1.    Section 3(1) is amended as follows: (a) by omitting the definition of barrister and substituting the following definition: barrister means a barrister within the meaning of the Legal Profession Act 2007 ; (b) by omitting "a legal practitioner within the meaning of the Legal Profession Act 1993 " from the definition of practitioner and substituting "an Australian legal practitioner". 2.    Section 4 is amended by omitting subsection (3) and substituting the following subsection: (3)  A person is qualified for appointment under this section if, but only if, he or she is an Australian lawyer of not less than 7 years’ standing as a practitioner. 3.    Section 10(1) is amended by omitting "a barrister or practitioner" and substituting "a practitioner". 1.    Section 8C(2)(b) is amended by omitting "a solicitor" and substituting "an Australian legal practitioner". 1.    Schedule 1 is amended by omitting the table and substituting:

FORM 1
INSTRUMENT OF ACKNOWLEDGMENT
Tasmania
Status of Children Act 1974
CHILD
1. Surname:
2. Given names:
3. Date of birth:
4. Born at:
5. Sex:
FATHER
6. Surname:
7. Given names:
8. Usual occupation:
9. Year of birth:
10. Birthplace:
MOTHER
11. Surname:
12. Given names:
13. Maiden surname, if married:
14. Year of birth:
15. Birthplace:
16. Usual place of residence:
WE, the father and mother named above, acknowledge that we are respectively the father and mother of the child named above, and we certify that the above information is correct, according to the best of our knowledge and belief.
The following section of the form is to be used only if this form is signed in the presence of an Australian legal practitioner:
.............................................................. (Signature of father)	.............................................................. (Signature of mother)
Signed in the presence of –	Signed in the presence of –
......................................................... .. (Signature of Australian legal practitioner)	.............................................................. (Signature of Australian legal practitioner)
.............................................................. (Name of Australian legal practitioner)	............................................................ (Name of Australian legal practitioner)
.............................................................. (Address of Australian legal practitioner)	................................. ........................... (Address of Australian legal practitioner)
Dated .......................................	Dated ........................................
If this form is not signed in the presence of an Australian legal practitioner, it must be executed as a deed, as follows:
SIGNED SEALED AND DELIVERED by	SIGNED SEALED AND DELIVERED by
.............................................................. (Signature of father)	.............................................................. (Signature of mother)
.............................................................. (Seal)	........................................................................ (Seal)
Dated ....................................	Dated ....................................
in the presence of –	in the presence of –
.............................................................. (Signature of witness)	.............................................................. (Signature of witness)
.............................................................. (Full name of witness)	............................................................ .. (Full name of witness)
.............................................................. (Postal address of witness)	............................................................ .. (Postal address of witness)
NOTES
Item 4. If the child was born in Tasmania, insert the exact address.
Items 10 and 15. The birthplaces are to be given as –
(a) if born in Australia, the State of birth (e.g. "Victoria"); or
(b) if born outside Australia, the country of birth (e.g. "France").

1.    Section 1 is amended as follows: (a) by omitting "Legal Profession Act 1993" from the definition of barrister and substituting " Legal Profession Act 2007 "; (b) by inserting the following definition after the definition of Secretary : solicitor means a solicitor within the meaning of the Legal Profession Act 2007 ; 2.    Section 4(1) is amended by omitting " Legal Profession Act 1993 " and substituting " Legal Profession Act 2007 ". 1.    Section 3 is amended by omitting " Legal Profession Act 1993 " from the definition of barrister and substituting " Legal Profession Act 2007 ". 2.    Section 4A(2B) is amended by omitting "legal practitioner" and substituting "Australian legal practitioner". 1.    Section 3(1) is amended by omitting "a legal practitioner within the meaning of paragraph (a) of the definition of "legal practitioner" in section 3 of the Legal Profession Act 1993 " from the definition of lawyer and substituting "an Australian legal practitioner". 1.    Section 20 is amended as follows: (a) by omitting from subsection (1) "solicitor" four times occurring and substituting "Australian legal practitioner"; (b) by omitting from subsection (2) "solicitor" twice occurring and substituting "Australian legal practitioner"; (c) by omitting from subsection (3) "solicitor" twice occurring and substituting "Australian legal practitioner". 2.    Section 51 is amended by omitting "solicitor" and substituting "Australian legal practitioner". 1.    Section 18J is amended as follows: (a) by omitting from subsection (1)(a) "a solicitor" and substituting "an Australian legal practitioner"; (b) by omitting from subsection (1)(b) "a solicitor" and substituting "an Australian legal practitioner"; (c) by omitting from subsection (1) "solicitor" third occurring and substituting "Australian legal practitioner"; (d) by omitting from subsection (2) "a solicitor" and substituting "an Australian legal practitioner"; (e) by omitting from subsection (2) "solicitor" second occurring and substituting "Australian legal practitioner"; (f) by omitting from subsection (3) "a solicitor" and substituting "an Australian legal practitioner"; (g) by omitting from subsection (3) "solicitor" second occurring and substituting "Australian legal practitioner"; (h) by omitting from subsection (3) "solicitor" third occurring and substituting "Australian legal practitioner". 1.    Section 8A is repealed. 1.    Section 37 is amended by omitting "a legal practitioner" and substituting "an Australian legal practitioner". 2.    Section 61 is amended by omitting "a legal practitioner" and substituting "an Australian legal practitioner". 1.    Section 45 is amended as follows: (a) by omitting from subsection (7) "a barrister or a legal practitioner" and substituting "an Australian legal practitioner"; (b) by omitting from subsection (10) "a barrister or legal practitioner" and substituting "an Australian legal practitioner". 1.    Section 2A(1) is amended by omitting "legal practitioners" and substituting "Australian legal practitioners". 2.    Section 13 is amended by omitting "a legal practitioner, within the meaning of the Legal Profession Act 1993 ," from the definition of Director and substituting "an Australian legal practitioner". 1.    Section 3(1) is amended by omitting the definition of lawyer and substituting the following definition: lawyer means an Australian legal practitioner; 1.    Section 3(1) is amended as follows: (a) by omitting " Legal Profession Act 1993 " from the definition of barrister and substituting " Legal Profession Act 2007 "; (b) by omitting "a legal practitioner within the meaning of the Legal Profession Act 1993 " from the definition of practitioner and substituting "an Australian legal practitioner". 2.    Section 9(1)(d) is amended by omitting "a legal practitioner" and substituting "an Australian lawyer". 3.    Section 42H(4) is amended as follows: (a) by omitting "a legal practitioner within the meaning of the Legal Profession Act 1993 " and substituting "a practitioner"; (b) by omitting from paragraph (b) "legal practitioner" and substituting "practitioner". 4.    Section 127(8)(d) is amended by omitting "solicitor" and substituting "practitioner". 1.    Section 3(1) is amended by inserting after the definition of informal caution the following definition: legal practitioner means an Australian legal practitioner; 2.    Section 22(2)(a) is amended by omitting "a legal practitioner acting for the youth" and substituting "his or her legal representative". 3.    Section 31(4)(a) is amended by omitting "the legal practitioner acting for the youth" and substituting "his or her legal representative". 4.    Section 45(2)(a) is amended by omitting "the legal practitioner acting for the youth" and substituting "his or her legal representative".

[Second reading presentation speech made in:

House of Assembly on 15 NOVEMBER 2007

Legislative Council on 20 NOVEMBER 2007]