Queensland Law Society Act Amendment Act 1980 (Qld)

7 0 ANNO VICESIMO NONO ELIZABETHAE SECUNDAE REGINAE No. 9 of 1980 An Act to amend the Queensland Law Society Act 1952-1979 in certain particulars and for a related purpose [ASSENTED TO 10TH APRIL, 1980]

Queensland Law Society Act Amendment Act 1980, No. 9 71 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 1980. (2) In this Act the Queensland Law Society Act 1952-1979 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Queensland Law Society Act 1952-1980. 2. Amendment of s. 4 . Section 4 of the Principal Act is amended by omitting subsection (5) and the proviso thereto. 3. New s. 4A. The Principal Act is amended by inserting after section 4 the following section:- "4A. Officers of the Society. (1) Subject to subsection (2) there shall be a president, a deputy president and a vice-president of the Society, each of whom shall be elected or appointed as prescribed. (2) The president of the Society shall hold his office for a term of one year. Upon the expiration of the president's term of office the deputy president, if there is one at that time, shall assume the office of president whereupon a vacancy shall exist in the office of deputy president, which shall not be filled until the next election or appointment of all officers of the Society as prescribed. (3) Subject to subsection (2), the term of office of officers of the Society shall be two years and each of the officers shall be eligible for re-election or re-appointment as prescribed.". 4. Amendment of s. 5. Section 5 of the Principal Act is amended by- (a) omitting subsections (1), (2) and (3) and substituting the following subsections:- " (1) For the good government of the Society there shall be a council of the Society. (2) The council shall consist of not less than I l or more than 14 members namely- (a) a barrister or a practitioner appointed by the Minister and in this Act referred to as the " appointed member "; (b) the president, deputy president (if any) and vice-president of the Society; (c) members of the Society, not exceeding 11 in number, elected or appointed in accordance with the Rules.

72 Queensland Law Society Act Amendment Act 1980, No. 9 Where the president of the Society has vacated that office as prescribed by section 4A he shall nevertheless continue as a member of the council for the balance of the term of office of members of the council current at the time of his vacating that office. (3) Each of the members of the council shall hold his office for a term of two years and shall be eligible for re-election or re-appointment as prescribed.". (b) in subsection ( 4), inserting after the words " office of president," the words " deputy president,"; (c) in subsection ( 5), omitting the word " five " and substituting the word " seven "; (d) adding at the end of subsection (6) the following paragraph:- "The exercise of a power or the performance of a function of the council shall not be affected by the fact that at the time of such exercise or performance a vacancy existed in the membership of the council or that the election or appointment of any member of the council was defective."; (e) in subsection ( 9), omitting from paragraph ( i) provisions (c) and (d) and substituting the following provisions:--. " (c) To provide for the manner of the election or appointment of the president, deputy president and vice-president of the Society and the filling of vacancies arising in the office of any of those officers; (d) To provide for the constitution of the council , the election or appointment of members of the council , other than the appointed member and members ex officio, and the filling of vacancies arising in the office of any of such first - mentioned members; "; (f) in subsection (11), inserting after the word " president " wherever it occurs the words ", deputy president ". 5. Existing council of Queensland Law Society Incorporated preserved. (1) The Principal Act as amended by this Act shall not apply in relation to the establishment of the office of deputy president of the Queensland Law Society Incorporated until the expiration of the term of office of the elected officers of that society current at the commencement of this Act. (2) The Principal Act as amended by this Act shall not apply in relation to- (a) the holding of office as president or vice-president of the Queensland Law Society Incorporated; or

Queensland Law Society Act Amendment Act 1980, No. 9 73 (b) the constitution of the council of the Queensland Law Society Incorporated or the holding of office as members of that council, until the expiration of the term of office of the elected officers of that society current at the commencement of this Act and in the meantime the matters referred to in paragraphs (a) and (b) shall continue to be governed by the Principal Act as if this Act had not been enacted.