Queensland Law Society Act and Another Act Amendment Act 1979 (Qld)

185 Qunnsfaubr ANNO VICESIMO OCTAVO ELIZABETHAE SECUNDAE REGINAE No. 17 of 1979 An Act to amend the Queensland Law Society Act 1952- 1978 in certain particulars and the Legal Assistance Act 1965-1978 in a certain particular [ASSENTED TO 15TH MAY, 1979] 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:- PART I-PRELIMINARY 1. Short title. This Act may be cited as the Queensland Law Society Act and Another Act Amendment Act 1979. 2. Arrangement of Act. This Act is arranged in Parts as follows:- PART I-PRELIMINARY ( ss. 1-2); PART II-AMENDMENT OF QUEENSLAND LAW SOCIETY ACT (ss. 3-8); PART III-AMENDMENT OF LEGAL ASSISTANCE ACT (SS. 9-10). 7

186 Queensland Law Society Act and Another Act Amdt Act 1979, No. 17 PART II-AMENDMENT OF QUEENSLAND LAW SOCIETY ACT 3. Citation . (1) In this Part the Queensland Law Society Act 1952-1978 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Queensland Law Society Act 1952-1979. 4. Amendment of s. 20. Section 20 of the Principal Act is amended by- (a) omitting the words " the sum of six hundred thousand dollars ", where they occur in subsections (1) and (2) and substituting in each case the words " the prescribed amount "; (b) in subsection, (1), omitting from sub-paragraph (b) the word " pounds " and substituting the word " dollars "; (c) in subsection (4), omitting the words " six hundred thousand dollars " and substituting the words " the prescribed amount "; (d) adding at the end thereof the following subsection:- " (5) In this section the expression " the prescribed amount " means- (a) $700 000, during the period commencing on the date of commencement of the Queensland Law Society Act and Another Act Amendment Act 1979 and terminating on 31 August 1979; (b) $800 000, during the period commencing on I September 1979 and terminating on 29 February 1980; (c) $900 000, during the period commencing on 1 March 1980 and terminating on 31 August 1980; (d) $1 000 000, on and after 1 September 1980.". 5. Amendment of s. 38. Section 38 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:- " (1) No solicitor shall on or after the first day of June, one thousand nine hundred and thirty-one, act or practise as a solicitor unless- (a) he has obtained from the secretary on application in proper form a certificate which is then in force to theeffect that he is on the roll of the Court as a solicitor thereof and entitled to practise as a solicitor; and (b) in the case where the certificate aforesaid obtained by him is subject to a condition prescribed by this Act, he acts or practises as a solicitor in accordance in all respects with that condition.". 6. Amendment of s. 39. Section 39 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:- " (1) Every person who directly or indirectly acts or practises as a solicitor or conveyancer- (a) without having at the time a certificate then in force issued to him by the secretary, being a certificate referred to in section 38; or

Queensland Law Society Act and Another Act Amdt Act 1979, No. 17 187 (b) otherwise than in accordance in all respects with the conditions to which a certificate then in force issued to him by the secretary, being a certificate referred to in section 38, is subject as prescribed by this Act shall be guilty of an offence, and shall be liable on summary conviction to a penalty not exceeding $500 and in addition shall be guilty of a contempt of the Court and shall be liable to be punished accordingly.". 7. Amendment of s. 40 . Section 40 of the Principal Act is amended by adding after sub-paragraph (c) the following symbol and sub-paragraph:- If . f (d) On application by a solicitor who has not held a certificate as to his entitlement to practise as a solicitor, save one issued pursuant to this sub-paragraph (d), and who is not a person to whom sub-paragraph (b) or (ba) applies, accompanied by a declaration by the applicant in the prescribed form, issue to him a certificate in the form prescribed, which shall be in force from the date of such certificate until 30 June next following such date ". 8. New s. 40A. The Principal Act is amended by inserting after section 40 the following section:- " 40A. Condition attaching to certificate under s. 40 (d). A certificate issued under sub-paragraph (d) of section 40 shall be at all times subject to the condition that the solicitor to whom it is issued shall not practise as a solicitor on his own account, either alone or in partnership, until he has completed 52 weeks since his admission as a solicitor in full-time employment as an employed solicitor of a practising practitioner either continuously or in periods aggregating 52 weeks. The condition prescribed by this section may be specified in a certificate that is subject to it.". PART III-AMENDMENT OF LEGAL ASSISTANCE ACT 9. Citation. (1) In this Part the Legal Assistance Act 1965-1978 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Legal Assistance Act 1965-1979. 10. Amendment of s. 10. Section 10 of the Principal Act is amended by, in subsection (5)- (a) omitting from sub-paragraph (b) (ii) the words " an amount of six hundred thousand dollars "and substituting the words " the prescribed amount "; (b) adding at the end of the subsection the following paragraph:- " In this subsection the expression " the prescribed amount " means- (a) $700 000, during the period commencing on the date of commencement of the Queensland Law Society Act and Another Act Amendment Act 1979 and terminating on 31 August 1979;

188 Queensland Law Society Act and Another Act Amdt Act 1979, No. 17 (b) $800 000, during the period commencing on 1 September 1979 and terminating on 29 February 1980; (c) $900 000, during the period commencing on 1 March 1980 and terminating on 31 August 1980; (d) $1 000 000, on and after 1 September 1980.".