Queensland Law Society Act Amendment Act 1974 (Qld)

93 ANNO VICESIMO TERTIO ELIZABETHAE SECUNDAE REGINAE No. 4 of 1974 An Xct to amend the Queensland Law Society Act 1952-1971 in certain particulars [ASSENTED TO 2ND APRIL, 1974] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Queensland Law Society Act Amendment Act 1974. (2) The Queensland Law Society Act 1952-1971 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Queensland Law Society Act 1952-1974.

94 Queensland Law Society Act Amendment Act 1974, No. 4 2. Commencement of Act. This Act shall come into operation. on a date to be fixed by Proclamation. 3. Amendment of s. 3. Meaning of terms. Section 3 of the Principal Act is amended- (a) by renumbering that section as subsection (1); (b) by omitting from the definition " Committee " or " committee of management " the word " ten " and substituting the figures " 18 "; (c) by inserting in the definition " Conveyancer ", at the end thereof the words " who continues to be on the roll "; (d) by omitting from the definition " Practising practitioner " the term " barrister-at-law,"; (e) by omitting the definition " Practitioner " and substituting the following definition:- " " Practitioner "-A solicitor or conveyancer;"; (f) by omitting from the definition " Roll " the words " the barristers' roll, or "; (g) by omitting the definition " Solicitor " and substituting the following definition:- Solicitor "-A person duly admitted as a solicitor of the Court who continues to be on the roll; "; (h) by omitting the definition " Trust Accounts Acts " and substituting the following definition:- " " Trust Accounts Act "-The Trust Accounts Act1973."; and (i) by adding after subsection (1) the following subsection:- " (2) It is declared that, in sections 6 (4), 25 (1), 26 and 27, the reference to a practitioner includes and always has included reference to a person who ceases, or has ceased, to be qualified or entitled to practise as, or who becomes, or has become, disqualified from practising, or disentitled to practise as, a solicitor or conveyancer.". 4. Amendment of s. 5 . Council of the Society . Section 5 of the Principal Act is amended- (a) by omitting from subsection (4) the words " The council may by rules provide that a casual vacancy in the office of president, vice-president, or any elected member of the council may be filled by the council:" and substituting the words "The power to make rules under subsection (9) includes power to make rules with respect to the filling of a casual vacancy in the office of president, vice-president, or any elected member of the council:"; and (b) by omitting from subsection (10) the words " professional misconduct " and substituting the words " malpractice, professional misconduct or unprofessional conduct or practice ". 5. Amendment of s. 6 . Statutory Committee . Section 6 of the Principal Act is amended by omitting from paragraph (c) of subsection (1) the word " five " and substituting the words " not less than five and not more than seven ".

Queensland Law Society Act Amendment Act 1974, No. 4 95 6. Amendment of s. 7. Illegal practices . ° Section 7 of the Principal Act is amended- (a) by renumbering that section as subsection (1); (b) by omitting the words " fifty pounds " and substituting the words " five hundred dollars "; and (c) by adding at the end thereof the following subsections:- " (2) It is hereby declared that, without affecting the generality of any of the provisions of this Act, the reference to a person in subsection (1) includes reference to a body corporate. (3) Where a person, being a body corporate, is guilty of an offence against this section, any director, manager, secretary or other officer of the body corporate who was knowingly a party to the offence shall also.be guilty of that offence.". 7. Amendment of s. 10 . When Council may assume control over practitioner ' s trust accounts . Section 10 of the Principal Act is amended- (a) by adding after paragraph (c) of subsection (1), the following words and paragraph:- " • or (d) Has contravened, or failed to comply with, any provision of the Trust Accounts Act, or any other Act relating to his trust moneys or trust accounts or the trust moneys or the trust accounts of any firm of practitioners of which he is or has been a member "; (b) by omitting from the second paragraph of subsection (3) the words " or other person authorised to operate on that trust account is unwilling to operate thereon " and substituting the words ", and, where any other person is authorised to operate on that trust account, that other person, be unwilling, unable, or not readily available within the locality in which the practitioner carried on practice as such at the date of the appointment of the nominee, to operate on that account "; (c) by omitting from the third paragraph of subsection (3) the words " or other person authorised to operate on any trust account is unwilling to operate thereon " and substituting the words ", and, where any other person is authorised to operate on any trust account, that other person, be unwilling, unable, or not readily available within the locality in which the practitioner carried on practice as such at the date of the appointment of the nominee, to operate on that account "; (d) by omitting from subsection (6) the words " one hundred pounds " and substituting the words " one thousand dollars "; (e) by omitting from subsection (8), paragraph (a) and the word " or " (where occurring immediately after that paragraph); (f) by, in subsection (8), renumbering paragraphs (b) and (c) as paragraphs (a) and (b) respectively; (g) by omitting from subsection (9) the words " otherwise than by reason of the expiration of twelve months from the date of the passing of such resolution "; and (h) by omitting from subsection (11) the words " in the case of a trust account to which subsection (3) of this section applies, within twelve months after such service and,".

96 Queensland Law Society Act Amendment Act 1974, No. 4 8. Amendment of s. 11A. Appointment of receiver of trust property. Section 11A of the Principal Act is amended- (a) by inserting in the definition " Former practitioner " in paragraph (a) of subsection (1), after the word " subsection " the words " or, in a case in which a receiver is appointed upon a ground specified in subparagraph (ia) of paragraph (b), the practitioner in relation to whom the receiver is appointed under this subsection"; (b) by inserting in subsection (1), after subparagraph (i) of paragraph (b), the following subparagraph and word:- " (ia) The Council- (a) where a practitioner has been refused a certificate, or the certificate held by him has been cancelled, pursuant to section 41 or 41A; or (b) where the certificate held by a practitioner has been suspended pursuant to section 41a, and the refusal, cancellation or, as the case may be, suspension remains of force and effect; or "; (c) by omitting from subsection (7) the words " two hundred pounds " and substituting the words " two thousand dollars "; (d) by omitting from subsection (8) the words " five hundred pounds " and substituting the words " five thousand dollars "; and (e) by omitting from subsection (27) the words " one hundred pounds " and substituting the words " one thousand dollars ". 9. Amendment of s. 18 . Council may delegate its powers in relation to the Fund to a committee of management . Section 18 of the Principal Act is amended by omitting the word " five " and substituting the word " seven ". 10. Amendment of s. 19 . Practising practitioners to pay prescribed contribution into Fund . Section 19 of the Principal Act is amended by omitting from subsection (2) the word " barrister-at-law,". 11. Amendment of s. 25 . Council may settle claims without action. Section 25 of the Principal Act is amended- (a) by inserting after the word " action " (where firstly occurring in subsection (1) and wherever occurring in subsections (2) and (4)) the words " or other proceeding "; (b) by inserting in subsection (3), after the word "judgment " the words " or order "; and (c) by adding at the end the following subsections:- " (6) A person who has made a claim under this Act against the Fund and who is dissatisfied with the decision of the Council in respect of the claim may apply to the Supreme Court or a Judge thereof for the determination in a summary manner of any question of law or of fact arising under the claim and for a declaration of the rights of the claimant. (7) The Court or a Judge shall not be bound to determine any such question if there is any substantial dispute of fact or if for any other reason in its or his opinion it ought not be determined in a summary manner but may direct that the applicant proceed by action against the Society.".

Queensland Law Society Act Amendment Act 1974, No. 4 97 12. Amendment of s. 26 . Defences to claims against Fund . Section 26 of the Principal Act is amended by inserting after the word " action " the words " or other proceeding ". 13. Amendment of s. 28. If Fund insufficient to satisfy claims, such claims to be charged on future accumulations . Section 28 of the Principal Act is amended- (a) by inserting in subsection (I), after the word "judgment ", the words " or order "; (b) by inserting. after the words " such judgments " (wherever occurring) the words ", orders "; (c) by inserting in subsection (2), after the words " such judgment ", the words ", order "; and (d) by inserting in paragraph (c) of subsection (3), after the word "judgments ", the words " or orders ". 14. Amendment of s. 31. Council may appoint public accountant to investigate affairs of practitioner . Section 31 of the Principal Act is amended- (a) by omitting subsection (1) and substituting the following subsections:- (11)) The Council may at any time appoint- (a) a public accountant for the time being qualified to conduct the audit of trust accounts under the TrustAccounts Act; or (b) a person employed by the Society (whether on a full-time or a part-time basis) who, at the time he commences his employment with the Society, is, in the opinion of the Council, so qualified that if he were then engaged or about to engage in the practice of the profession or calling of public accountant within the meaning of the Public Accountants Registration Act 1946-1971, he would be entitled under section 17 of that Act to be registered under that Act as a public accountant, (hereinafter in this section referred to as the " accountant ") to examine the accounts of any specified practitioner or firm of practitioners whether a member or members of the Society or not, and to furnish to the Council a confidential report thereon. (IA) Section 30 of the Public Accountants Registration Act 1946-1971 shall not apply to a person to whom paragraph (b) of subsection (1) applies in the exercise of his powers or the performance of his duties under this section by reason of or consequent upon any appointment of him by the Council under subsection (1). (1B) The Council shall forthwith cause the Minister to be advised of particulars of any appointment under subsection (1)."; (b) by omitting from the first paragraph of subsection (5A) the words " shall also if and when " and substituting the words " may also and shall, if "; 4

98 Queensland Law Society Act Amendment Act 1974, No. 4 (c) by inserting after the first paragraph of subsection (5A) the following paragraph:- " When any such report or part thereof has been so referred to the Public Accountants Registration Board of Queensland, the Council may refer to any accountancy institute or organisation of which the auditor of the accounts in respect of which the report is made is or has been a member the report or so much of it as the Council may consider necessary to enable the said institute or organisation to investigate the conduct of the auditor."; (d) by inserting in the second paragraph of subsection (5A), after the word " Queensland " (firstly occurring), the words " or such an accountancy institute or organisation "; (e) by inserting in the second paragraph of subsection (5A), after the word " Queensland " (secondly occurring), the words ", or such an accountancy institute or organisation, "; (f) by omitting from the last paragraph of subsection (5A) the words ", with the permission of the Council,"; (g) by inserting in subsection (5c), after the words " who or " the words " any member of "; (h) by omitting from subsection (5c) the words " would have had against such auditor had such practitioner or firm of practitioners not been so guilty " and substituting the words " or any member of which would have had against such auditor and, in a case where the practitioner or one or more of the members of the firm of practitioners is guilty of the stealing or fraudulent misappropriation, as if the stealing or fraudulent misappropriation had been committed by a clerk or servant of such practitioner or firm of practitioners "; and (i) by omitting from subsection (6) the words " fifty pounds " and substituting the words " five hundred dollars ". 15. Amendment of s. 38 . Solicitor ' s practising certificate . Section 38 of the Principal Act is amended- (a) by omitting from subsection (1) the words " barrister-at-law or " (wherever occurring); and (b) by omitting from subsection (1) the words ", as the case may be". 16. Amendment of s. 39 . Persons practising without certificates. Section 39 of the Principal Act is amended- (a) by renumbering that section as subsection (1); (b) by omitting the words " fifty pounds " and substituting the words five hundred dollars "; and (c) by adding at the end thereof the following subsections:- " (2) It is hereby declared that, without affecting the generality of any of the provisions of this Act, the reference to a person in subsection (1) includes reference to a body corporate. (3) Where a person, being a body corporate, is guilty of an offence against this section, any director, manager, secretary or other officer of the body corporate who was knowingly a party to the offence shall also be guilty of that offence.

Queensland Law Society Act Amendment Act 1974, No. 4 99 (4) This section does not apply in relation to a barrister-at-law, solicitor or conveyancer in any department of the government of the Commonwealth or State in the course of his official duties or a person employed by a practitioner in the course of his duties.". 17. New section 39A. The Principal Act is amended by inserting after section 39, the following section:- " 39A. Practice of deceased practitioner . (1) Notwithstanding any other provision of this Act or the provisions of any other Act upon the death of a sole practitioner the executors or administrators of his estate may, with the permission of the Council, carry on in the name of the deceased practitioner the practice formerly carried on by him upon condition that some other solicitor entitled to practise and having a current certificate shall be in charge of the practice and shall ordinarily attend at the office where the practice is carried on each day on which that office is open and shall personally carry on and supervise the work of such practice. (2) Any permission pursuant to subsection (1) shall in the first instance be limited to a period of twelve months after the practitioner's death, but may from time to time be extended by the Council for a further period or periods. (3) Any permission pursuant to subsection (1) may be withdrawn by the Council at any time notwithstanding that the period for which it was granted has not expired. • (4) The decision of the Council to grant or refuse any permission for the purposes of this section or to withdraw any such permission shall be final and conclusive and shall not be subject to any appeal, and no such decision nor any proceedings of the Council in relation to the granting refusing or withdrawing of any such permission shall be subject to prohibition, certiorari, mandamus or injunction or be otherwise challenged or called in question in any Court on any account whatever. (5) For the purposes of section 24 any clerk or servant employed in any practice in respect of which permission to carry on the same is granted under this section shall be deemed to be the clerk or servant of the solicitor in charge of the practice. (6) The Council may appoint the solicitor in charge of the practice as a trustee of the trust account of the deceased practitioner under section 11. (7) The conduct of the practice of a deceased sole practitioner by the executors or administrators of his estate in accordance with the foregoing provisions of this section shall be deemed not to be a breach by the solicitor in charge of the practice or any other solicitor employed in the practice of the provisions of section 41 (1) (f) or of Rule 67 of the Rules or any rule in substitution therefor.

100 Queensland Law Society Act Amendment Act 1974, No. 4 (8) The executors or administrators of the estate of a deceased sole practitioner may maintain an action or suit for the recovery of any fee, reward or disbursement for or in respect of any business, matter or thing done by them in carrying on the practice of the deceased practitioner in accordance with the provisions of this section as if such executors or administrators were a practitioner holding a current certificate. (9) The solicitor in charge of the practice of a deceased sole practitioner pursuant to this section shall not be subject to the direction or control of the executors or administrators of the estate of the deceased practitioner in matters of professional conduct or otherwise in respect of his actions as a solicitor in the carrying on of the practice. (10) In this section the term " sole practitioner " means a practitioner who is not in partnership with any other practitioner at the time of his death in respect of the carrying on of his practice.". 18. Amendment of s. 40 . Application for and issue of certificate. (1) Section 40 of the Principal Act is amended- (a) by omitting the words " duly enrolled barrister-at-law or " (wherever occurring); (b) by omitting the word " June " (wherever occurring) and substituting the word " July "; (c) by omitting the words " thirty-first day of May " (secondly, thirdly and fourthly occurring) and substituting the words " thirtieth day of June"; and (d) by adding at the end thereof the following paragraph:- " The secretary may and, if required by an applicant, shall refer any application for a certificate or any question arising in relation to the application to the Council for its opinion or decision, and the secretary shall act in accordance with such opinion or decision when given." (2) Any. certificate issued under the Principal Act which, if this Act had not been enacted, would have remained in force until the thirty-first day of May, one thousand nine hundred and seventy-four shall, subject to the Queensland Law Society Act 1952-1974, be in force until the thirtieth day of June, one thousand nine hundred and seventy-four. 19. Repeal of s. 41 and new sections 41, 41A, 41B. The Principal Act is amended by repealing section 41 and substituting the following sections:- ,, 41. Grounds for refusing or cancelling certificate . (1) The secretary may refuse to issue a certificate, the Council may, upon a reference by the secretary of any application for a certificate or any question arising in relation to such an application, direct the secretary to refuse to issue a certificate and the Council may cancel a certificate when issued under the foregoing provisions of this Part if the applicant for or the holder of such certificate, as the case may be- (a) is an undischarged bankrupt;

Queensland Law Society Act Amendment Act 1974 , No. 4 101 (b) has , convicted upon indictment in Queensland or else, %x . of an offence or has been convicted in Queensland or elsewhere of an offence punishable summarily which involves moral turpitude or fraud on his part; (c) has failed to comply with any Act , regulation or order relating to his trust funds or the trust funds of any partnership of which he was a member at the time of such failure; (d) has after being called upon by the Council or the secretary so to do failed to give to the Council an explanation in writing which is in the opinion of the Council sufficient and satisfactory in the circumstances touching any matter relating to his conduct , or to his practice, as a solicitor or conveyancer or to give to the Council any document ( or copy thereof), which is in his custody or possession and which he is entitled at law so to give , sought by the Council or the secretary to enable the Council to satisfy itself concerning the explanation , and such' failure still continues; (e) is in any way in default under any of the provisions of this Act or of the Trust Accounts Act; (f) subject to subsection ( 7) of section 39A is sharing or has shared with an unqualified person receipts from a business of a nature usually performed by practising practitioners; (g) is in default in the performance, fulfilment or satisfaction of any order made by the statutory committee; (h) has acted or practised as a solicitor or conveyancer when not holding a certificate then in force certifying that he is authorized so to do or during any period of suspension of his certificate unless authorized pursuant to section 41B (2) so to do; (i) has failed to reimburse the Fund any sum paid out of the Fund on his account. (2) The secretary shall give to any applicant whose application for a certificate is refused under this Part and to any person whose certificate is cancelled under this Part notice in writing of the refusal or cancellation , which notice shall be served on the practitioner either personally or posted to him at his usual or last known place of business or abode or the place of business or abode appearing in the register kept by the secretary or appearing in the last application for a certificate lodged by the practitioner with the Society. . (3) If the secretary refuses to issue or the Council cancels a certificate under this Part, the secretary or as the case may be. the Council shall, if so required in writing by the applicant or holder , as the case may be , within fourteen days after being so required, state in writing the grounds for the refusal or cancellation. (4) Where an order is made striking a practitioner off the roll, any certificate issued to the practitioner under this Part and in force at the date of the order shall, by virtue of that order, be cancelled on and from the date of the order.

102 Queensland Law Society Act Amendment Act 1974, No. 4 (5) Where an order is made suspending a practitioner from practising as a solicitor or conveyancer, any certificate issued to the practitioner under this Part and in force at the date of the order shall, by virtue of that order, be cancelled on and from the date of the order and, whilst the practitioner remains so suspended, he is disqualified from holding or obtaining any certificate under this Part. 41A. Refusal or cancellation of certificate on ground of infirmity . (1) Notwithstanding any other provision of this Act, where the secretary, in the case of an applicant for a certificate under the foregoing provisions of this Part, the Council, in the case of a reference by the secretary of any such application or any question arising in relation to such an application or the Council, in the case of the holder of such a certificate, is satisfied on such evidence as to he or it seems proper that- (a) the applicant for or holder of the certificate is, by reason of infirmity, injury or illness (whether mental or physical), unfit to carry on and conduct his practice; and (b) it is in the interests of his clients or of the public that the certificate should not be issued or that the certificate should be cancelled, the secretary may refuse to issue, the Council may direct the secretary to refuse to issue, or the Council may cancel, the certificate, as the case may be. (2) For the purposes of subsection (1), the secretary or, as the case may be, the Council- (a) may require an applicant for or a holder of a certificate to undergo such medical examination by such medical practitioner as may be specified by the secretary or, as the case may be, the Council; and (b) may hold such inquiry as the secretary or, as the case may be, the Council thinks fit. (3) A failure or refusal by any person required by the secretary or, as the case may be, the Council to undergo a medical examination in accordance with a requirement of the secretary, or as the case may be, the Council made under paragraph (a) of subsection (2) may be regarded by the secretary or, as the case may be, the Council as evidence that that person is, by reason of infirmity, injury or illness (whether mental or physical), unfit to carry on and conduct his practice. (4) Nothing in this section affects the powers under any other provision of this Act of the secretary to refuse to issue a certificate, of the Council to direct the secretary to refuse to issue a certificate. or of the Council to cancel a certificate. 41B. Ground for suspension of certificate . (1) The Council may suspend the certificate held by any practitioner in any of the following events, namely:- (a) upon the Council's having resolved to prefer to the statutory committee or to the Court any charge against the practitioner;

Queensland Law Society Act Amendment Act 1974, No. 4 103 (b) upon the Council's having received from the Minister advice of any irregularity or deficiency revealed by any audit of the practitioner's trust account; (c) upon the practitioner being convicted upon indictment in Queensland or elsewhere of an offence or being convicted in Queensland or elsewhere of an offence punishable summarily which involves moral turpitude or fraud on his part; (d) upon the Council's having passed in relation to the practitioner a resolution for an appointment under section 10 or 11; (e) upon the failure of the practitioner to give to the Council an explanation in writing in the opinion of the Council sufficient and satisfactory in the circumstances touching any matter relating to his conduct or to his practice as a practitioner or to give to the Council any document (or copy thereof), which is in the custody or possession of the practitioner and which he is entitled at law so to give, sought by the Council or the secretary to enable the Council to satisfy itself concerning the explanation, and such failure continues. (2) Any suspension under this section shall be notified in writing to the practitioner by the secretary and the practitioner shall upon such notification cease practising as a practitioner and shall not except pursuant to an order of a Court or Judge or by resolution of and notification by the Council resume practice during the currency of such suspension. (3) Notice of any suspension under this section shall be in writing and may be served on the practitioner either personally or posted to him at his usual or last known place of business or abode or the place of business or abode appearing in the register kept by the secretary or appearing in the last application for a certificate lodged by the practitioner with the Society. (4) Any suspension of a certificate by the Council under this section shall be for the then unexpired period of the certificate or for such other period as the Council may by resolution determine and such suspension shall operate from the date of notification to the practitioner of such suspension.". 20. Repeal of ss . 42, 43 and new s. 42. Sections 42 and 43 of the Principal Act are repealed and the following section substituted:- " 42. Appeal. (l) Where the secretary refuses to issue a certificate to an applicant or the Council cancels or suspends a certificate, the applicant or the holder, as the case may be, may appeal to the Court or to a Judge in chambers, who may make such order in the matter as the Court or Judge may think fit. (2) An appeal under this section shall not lie unless it is instituted within twenty-eight days after the sending by the secretary of the notice of the refusal, cancellation or suspension, as the case may be.

104 Queensland Law Society Act Amendment Act 1974, No. 4 (3) An appeal under this section is instituted by lodging in the registry of the Court a notice of appeal in the prescribed form. (4) The notice of appeal shall state the grounds of the appeal which shall be limited to the grounds so stated. (5) Upon the institution of an appeal, a copy of the notice of appeal shall be served on the secretary forthwith. (6) An appeal under this section shall be in the nature of a rehearing. (7) The power to make Rules of Court includes power to make rules providing for and regulating practice and procedure in respect of appeals under this section and until such rules are made, or so far as such rules do not extend, the Court or Judge hearing any appeal may, in the particular case, give such directions as it or he thinks fit, and the directions shall, according to their tenor, have the force and effect of rules made under this section for the purposes hereof. (8) Subject to subsection (2) of section 41B and this subsection, the instituting of an appeal shall not operate as a stay of the refusal to issue, cancellation or suspension of a certificate under this Part appealed against save to the extent and subject to such conditions (if any) that the Court or a Judge may, upon good cause shown by the applicant or holder in question, by order permit.". 21. Amendment of s. 46 . Governor in Council may make rules for purposes of this Act . Section 46 of the Principal Act is amended by omitting from paragraph (h) of subsection (1) the words " barrister-at-law,". 22. New s. 49. The Principal Act is amended by adding after section 48 the following section:- "49. Protection for acts and omissions under Act . (1) No matter or thing done or omitted to be done by the Society, and no matter or thing done or omitted to be done by the president, vice-president or any member of the Council or by the secretary or by any officer or employee or other person acting under the direction of the Society or the Council shall, if it is done or omitted to be done, or purports to be done or omitted to be done, bona fide for the purpose of executing this Act or any function of the Society or the Council under this Act or under any other Act, subject the president, vice-president, any member of the Council or the secretary or any officer or employee or other person acting under t^e direction of the Society or the Council to any personal liability in respect thereof and any expense incurred or sustained by the president, vice-president, any member of the Council or the secretary or any such officer, employee or other person acting as aforesaid shall be deemed to be an expense authorized by this Act. (2) The president, vice-president and every member of the Council and the secretary and every officer and employee and other person acting under the direction of the Society or the Council shall be indemnified out of the funds of the Society against all liability incurred by him as such president, vice-president, member of the Council, secretary or officer or employe or other person acting under the direction of the Society or the Counciel as aforesaid.".

Queensland Law Society Act Amendment Act 1974, No. 4 105 (3) When any question arises under this section whether a matter or thing was or was not done or omitted to be done or purported to be done or omitted to be done, bona fide, the burden of proof of the absence of bona fides shall lie upon the party alleging such absence. 23. Amendment of reference to Trust Accounts Acts. The Principal Act is amended- (a) by omitting the term " Trust Accounts Acts " (wherever occurring in sections 6 (1) (f) (v), 16 (1) and (2), 32, 35 and 36) and substituting the term " Trust Accounts Act "; and (b) by omitting from section 34 the expression " The Trust Accounts Acts, 1923 ,to 1925," and substituting the expression " the Trust AccountsAct1973