Legal Profession Uniform Law Application (Savings and Transitional) Regulations 2015 (Vic)

Version No. 001

Legal Profession Uniform Law Application (Savings and Transitional) Regulations 2015

S.R. No. 53/2015

Version as at

1 July 2015

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provision

3Commencement

4Definitions

5Continued operation of the Legal Profession (Practising Certificate Fees) Regulations 2012

6Saving provision for Crown and public authority exemption

7Requirement of supervised legal practice for government lawyers

8Expiry

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 001

Legal Profession Uniform Law Application (Savings and Transitional) Regulations 2015

S.R. No. 53/2015

Version as at

1 July 2015

1Objectives

The objectives of these Regulations are—

(a)to continue the operation of the Legal Profession (Practising Certificate Fees) Regulations 2012 for 2 years despite the repeal of the Legal Profession Act 2004; and

(b)to continue the exemption for Crown and public authority employees provided for by section 2.2.2(2)(g) of the Legal Profession Act 2004 for 3 months despite the commencement of the Legal Profession Uniform Law (Victoria); and

(c)to make provision in relation to the supervised legal practice requirements of the Legal Profession Uniform Law (Victoria) as a consequence of the continuation of the exemption specified in paragraph (b).

2Authorising provision

These Regulations are made under section 164 of the Legal Profession Uniform Law Application Act 2014.

3Commencement

These Regulations come into operation on 1 July 2015.

4Definitions

In these Regulations—

the Act means the Legal Profession Uniform Law Application Act 2014;

Uniform Law means the Legal Profession Uniform Law (Victoria).

5Continued operation of the Legal Profession (Practising Certificate Fees) Regulations 2012

(1)Despite the repeal of sections 2.4.9 and 7.2.17(2)(b) of the Legal Profession Act2004, the Legal Profession (Practising Certificate Fees) Regulations 2012[1], as in force immediately before 1 July 2015—

(a)continue in force (except insofar as they are inconsistent with the Act) as if they had been made under section 156 of the Act; and

(b)may be amended or revoked as if they had been so made.

Note

The Legal Profession Act 2004 was repealed by section 157 of the Legal Profession Uniform Law Application Act 2014.

(2)For the purposes of subregulation (1), a reference in the Legal Profession (Practising Certificate Fees) Regulations 2012—

(a)to the prescribed fee is taken to be a reference to the prescribed fee in section 73(1)(a) of the Act; and

(b)to a local practising certificate or a practising certificate is taken to be a reference to an Australian practising certificate referred to in section 73(1) of the Act.

6Saving provision for Crown and public authority exemption

(1)Despite the commencement of sections 10(1) and 11 of the Uniform Law, until 1 October 2015—

(a)a person referred to in section 2.2.2(2)(g) of the Legal Profession Act 2004 as in force immediately before its repeal is taken to be a person to whom those sections of the Uniform Law do not apply in relation to doing anything—

(i)in the course of their employment with the Crown or a public authority; or

(ii)in the performance of duties under an appointment by the Governor in Council; and

(b)a person who commences engaging in legal practice as a government lawyer after the commencement of those sections of the Uniform Law is taken to be a person referred to in paragraph (a) despite not being a person referred to in section 2.2.2(2)(g) of the Legal Profession Act 2004 as in force immediately before its repeal.

(2)A person referred to in subregulation (1) is not required to hold an Australian practising certificate during the period of 1 July 2015 to 30 September 2015.

7Requirement of supervised legal practice for government lawyers

Without limiting section 169(3) and (4) of the Act, any period of legal practice engaged in by a government lawyer under the exemption saved and continued by regulation 6—

(a)is taken to be a period of supervised legal practice for the purposes of section 49 of the Uniform Law; and

(b)is to be subtracted from any period of supervised legal practice required by any statutory condition imposed by section 49 of the Uniform Law on an Australian practising certificate granted to the person under the Uniform Law.

8Expiry

These Regulations expire on 30 June 2017.

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Endnotes

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

The Legal Profession Uniform Law Application (Savings and Transitional) Regulations 2015, S.R. No. 53/2015 were made on 16 June 2015 by the Administrator of the State of Victoria, as the Governor's deputy, with the advice of the Executive Council under section 164 of the Legal Profession Uniform Law Application Act 2014, No. 17/2014 and came into operation on 1 July 2015: regulation 3.

The Legal Profession Uniform Law Application (Savings and Transitional) Regulations 2015 will expire on 30 June 2017: see regulation 8.

2   Table of Amendments

There are no amendments made to the Legal Profession Uniform Law Application (Savings and Transitional) Regulations 2015 by statutory rules, subordinate instruments and Acts.

3   Amendments Not in Operation

Not updated for this publication.

4   Explanatory details

[1] Reg. 5(1): S.R. No. 19/2012.