Queensland Law Society Acts Amendment Act of 1938 (2 Geo Vi No. 6) (Qld)

17308 SUPREME COURT. Queensland Law Society Acts Amendment Act. 2 GEO. VI. No. 6, 2 * ~ ~ . 6:I. An Act to Amend "The Queensland Law Society QUEi::LAND LAW SOCIETY ACTS . t~ E~ ~ ~ ~ rs. Acts, 1927 to 1930," in certain particulars. [ASSENTED TO 10TH OCTOBER, 1938.J B E it enacted by the King's Most Excellent Majesty, by and with the advice and consen(t of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short title 1. This Act may be cited as " The Queensland Law :~ ! trllction. Society Acts Amendment Act of 1938." This Act shall be read together with *', The Queensland Law Society Act of 1927" and t" The Queensland Law Society Act Amendment Act of 1930." Ctitollel.ective as t" S T uc h h e Q A u c e t e s n a sl n a d nd th L i a s w A S c o t ci m ety ay Ac c t o s l , le1c9t2iv7e t l o y 1 b 9 e 38 c . i " ted t" The Queensland Law Society Act Amendment Act of 1930" (as amended by this Act) may be cited separately as §" The Queensland Law Society Acts, 1930 to 1938." Amendments of *" The Queensland Law Society Act of 1927" (as amended by t" The Queensland Law Society Act Amendment Act of 1930.") Amendmellt 2. Section five of *" The Queensland Law Society o N 18 f ot. G h 1 e e 4 o , A . sV c . t . 5. A S occt t . eotyf 1 A 9 c 2 t 7 A " m ( e a n s d a m m e e n n t d A ed ct b o y f t 1 " 93 T 0 he ") Q i u s ee a n m sl e a n n d d ed La a w s follows :- Amendment (i.) Subsection one of the said section is amended S o l f l b sect· Ion 1 • as follows : - (a) In paragraph (a) of the said subsection the words "illegal or professional misconduct" are repealed and the words "malpractice, professional misconduct, or unprofessional conduct or practice" are inserted in lieu thereof. * 18 Geo. V. No. 14, 8Upra, page 12045. t 21 Geo. V. No. 46, supra, page 13162. ~ 18 Geo. V. No. 14 and amending Acts, supra, pages 12045 et seq. § 21 Geo. V. No. 46 and amending Act, supra, pages 13162 et seq.

1938. SUPREME COURT. Queensland Law Society Acts Amendment Act. 17309 .(b) Paragraph (c) of the said subsection is repealed and a new paragraph (c) is inserted in lieu thereof, namely:- ." (c) The statutory committee shall consist of five [Appoint- members. Each member shall be nominated by the ment.l Council, and shall be appointed by the Governor in Council on the recommendation of the Chief Justice. One of such members shall be appointed as chairman thereof. A member of the statutory committee shall be appointed for a term of two years but shall be eligible for re-appointment: Provided that no such appointment or re-appoint- ment shall prejudice the provisions of *" The Queensland Law Society Acts, 1927 to 1938," relating to the vacation of, or retirement, or removal from office, of a member." (c) The following new paragraphs (cl) and (c2) are inserted after paragraph (c) of the said subsection, namely:- " (cl) The Governor in Council may on the nomina- Removal of tion of the Council and on the recommendation of the member. Chief Justice remove any member of the statutory committee from office as a member of such committee. (c2) The Governor in Council may on the nomina- Temporary tion of the Council and on the recommendation of the vacancies. Chief Justice appoint a duly qualified person to act as a member of the statutory committee during the absence from the State or inability to act of a member of the statutory committee, and any person so appointed shall have the powers, duties, and obligations of a member of the statutory committee." (ii.) Subsection two of the said section is amended Amendment asfoll OWS:- ~~ ~ 2. In paragraph (a) of the said subsection the words "illegal or professional misconduct" are repealed and the words "malpractice, professional misconduct, or unprofessional conduct or practice" are inserted in lieu thereof. * 18 Geo. V. No. 14 and amending Acts, supra, pages 12045 et seq.

17310 SUPREME COURT. Queensland Law Society Acts Amendment Act. 2 GEO. VI. No. 6, Amendment (iii.) Subsection three of the said section is amended o 3. f subsecti . on as follows:- (a) In paragraph (a) of the said subsection after the words "professional misconduct" the words ." or unprofessional conduct or practice" are inserted. Copy of order to be served on Minister. (b) A new paragraph (e) is added to the said subsection after paragraph (d) as follows : - " (e) A copy of every such order shall be served on the Minister within seven days of its making by leaving the same with the Under Secretary, Department of Justice." Amendment (iv.) Subsection four of the said section is amended ~ ~ subsection as follows:- (a) In the said sub~ ction after the words " instance either of" the words "the Minister or of" are inserted. (b) The following new proviso is added to the said subsection, namely :- " Provided that the time within which the Minister may appeal from any such order shall be thirty days from the date of the service of the order concerned on the Under Secretary, Department of Justice, as herein- before provided." Repeal of subsection 6. (v.) Subsection six of the said section is repealed. Amendments of *" The Queensland Law Society Act Amendment Act of 1930." Amendment 3. (1.) Section twelve of *" The Queensland Law 2o1f tGheeoA. Vct. Society Act Amendment Act of 1930" is repealed and the No. 46. following new section twelve is inserted in lieu thereof, New s. 12. namely:- Adminis- "[12.] (1.) Subject to the Fund established under tration of this Act amounting to and being maintained at not less Fund. than the sum of fifty thousand pounds- . (a) Every practitioner who has made twenty annual contributions to the Fund, and in respect of whom no payment from the Fund has been made or if any such payments having been made the Fund has been reimbursed by or on behalf of such prac- titioner, shall be freed and discharged from further annual contributions to the Fund; * 21 Geo. v. No. 46, supra, page 13162.

1938. SUPREME COURT. Queensland Law Society Acts Amendment Act. 17311 (b) On the retirement from practice of any such practitioner the Council may in its discretion pay to such practitioner a sum representing the total amount of annual contributions made by him to the Fund either with or without simple interest thereon at a rate not exceeding three pounds per centum per annum; (c) On the death of any such practitioner without any payment having been made to him under the last preceding provision the Council may make such a payment to his personal repre- sentatives or to his widow or any dependant or dependants without regard to the last will of the practitioner or to his legal personal representative. (2.) If the Fund shall be reduced below the sum of fifty thousand pounds the Council shall determine to what extent (if any) contributions to the Fund shall be required from a practitioner who has been freed and discharged from payment under the provisions of the first subsection hereof. (3.) The Council may from time to time decide to apply or not to apply the provisions of paragraphs (b) and (c) of subsection one hereof either by making them applicable to the death only or the retirement only of any such practitioner or to the payment only of a portion of the total sum represented by such contributions in either case. (4.) The Council may with the consent of the Minister apply the whole or a portion of the capital of the Fund exceeding fifty thousand pounds and/or the income from such surplus for or towards the establishment of a benevolent and provident fund for the benefit of practitioners, retired practitioners, and/or the dependants of retired or deceased practitioners or for the objects of the Society." (2). The said section twelve as enacted by subsection ~e~ rospec­ one of this section shall be deemed to have been enacted tlVlty. in *" The Queensland Law Society Act Amendment Act of 1930" at the date of the passing thereof, and such Act shall be read and construed as if at the passing thereof * 21 Geo. V. No. 46, 8upra, page 13162. o

17312 SUPREME COURT. Queensland Law Society Acts Amendment Act. 2 GEO. VI. No. 6, the said section twelve as enacted by subsection one of this section was enacted therein instead of the section twelve as originally enacted, and this section shall have retrospective effect and operation accordingly. Amendment 4. Section twenty-three of *" The Queensland Law of s. 23. Society Act Amendment Act of 1930" is amended as follows : - ~ mendment (i.) Subsection five of the said section is amended ~ ubsection 5. by adding after the words "his duty" occurring at the end of the said subsection the words "and save as is expressly provided by the next succeeding subsection.', s N 5 u A e b w asnecdti 5 o B n . s inser(tiei.d) Tahfeterfolslouwbsinegctinoenw fsivuebseocftiotnhse 5A saiadndse 5 c B tiaorne, namely:- " (5A.) If such report shall in the opinion of the Council disclose that an auditor of the account in respect of which the report is made has been guilty of any breach of duty it may refer to any accountancy institute or organization of which such auditor is or has been a member the said report or so much thereof as it may consider necessary to enable any such institute or organization to investigate the conduct of such auditor. The Council shall also if and when required by the Minister furnish the said report or a copy thereof to the Minister. (5B.) Notwithstanding anything contained in any Act or in any regulation made thereunder, and notwith- standing any law, rule, or practice to the contrary, it shall be the duty of every manager or other principal officer of any bank with which a practitioner has deposited any moneys, whether in his own account or in any general or separate trust account, to disclose every such account to an auditor appointed pursuant to this Act upon demand made by such auditor, and to permit him to make a copy of or extract from any such account, and if such manager or other principal officer fails so to do he shall be guilty of an offence and liable accordingly." . * 21 Geo. V. No. 46, 8upra, page 13162.

1938. SUPREME COURT. Queensland Law Society Acts Amendment Act. 17313 5. Section twenty-four of *" The Queensland Law Amendmen Society Act Amendment Act of 1930" is amended as of s. 24. follows :- (i.) Subsection one of the said section is repealed Ne~ sub- and a new subsection one is inserted in lieu thereof, sectlOn l. namely:- "(1.) Save as herein expressly provided and not- When bond withstanding anything contained in the Trust Accounts : fc~ ~~t:ust Acts or any other Act or any regulations or rules made Acts or other under any of the said Acts, it shall not be necessary on ~ ~ ~ ecessary. and after the passing of t" The Queensland Law Society Acts Amendment Act of 1938" for any practising practitioner who complies in full with the provisions of t" The Queensland Law Society Acts, 1930 to 1938," to deposit any moneys or securities or any fidelity bond by way of guarantee for the proper application of trust moneys coming to him in the practice of his profession : Provided that where any such other Act as aforesaid makes provision for the regulation or licensing of any other profession, business, or occupation or for any purpose incidental to the regulation or licensing thereof, any practising practitioner who carries on such other profession, business, or occupation (and either alone or in connection with his practice to which this Act applies) shall save as herein provided comply in full in respect thereto with such other Act: Provided further, that such practising practitioner shall not be required to deposit any moneys or securities or any fidelity bond by way of guarantee for the proper application of trust moneys coming to him in the practice of such other profession, business, or occupation if he shall produce to the court charged with the duty of issuing any license under the Act relating to such other profession, business, or occupation a certificate from the Council stating that such practitioner has complied in full with the provisions of t" The Queensland Law Society Acts, 1930 to 1938." The Council is hereby authorised to give such certificate: * 21 Geo. V. No. 46, supra, page 13162. t This Act. t 21 Geo. V. No. 46 and amending Act, supra, pages 13162 et seq.

17314 SUPREME COURT. Queensland Law Society Acts Amendment Act. 2 GEO. VI. No. 6, Provided also that the certificate shall render the Fund liable to the same extent as such other Act renders moneys, securities, or a fidelity bond deposited pursuant to the provisions thereof liable." Subsection 1 (ii.) The said subsection one is renumbered and shall ~ ~ n~ bered form section twenty-four of the said Act. Repeal of (ill.) Subsection two of the said section twenty-four subsection 2. is repealed. New ss. 24A, 6. Four new sections 24A, 24B, 240, and 24D are 24B,24c, and inserted after section twenty-four of *" The Queensland 24D. Law Society Act Amendment Act of 1930 " as follows : - When report ••" [ ~ 4A. ] Where the Council becom~ ~ aware of irreg~ . of auditor larItIes ill the trust accounts of a practItIOner the Council ~ ~ := ! may may if it think fit request the Minister no longer to accept not be the reports of the practitioner's trust account auditor as accepted. the report of a certificated accountant for the audit of trust accounts of a practitioner, and the Minister may if he think fit direct accordingly. Solicitor or [24B.] No solicitor or conveyancer shall act as a na co uo n d t i ~ t e oo y ar an co t f c a er s c 0 e f ratifpicraactetId . tI . aOcnceoru, natna d ntaforer ptohret aounditt h oefttrhuesttraucsctoaucnct o 0 u f nat ! r; : ~ts. practitioner by a solicitor or conveyancer shall not be accepted or in any way regarded as a compliance with t" The Trust Accounts Acts, 1923 to 1925," and the regulations thereunder. Audit fee [240.] Notwithstanding any Act or law to the ionf pdaeyfamuletnt contrary, in any case where the Attorney-General has by pursuant to his powers and authorities under the Trust apracchtairtgioener Accounts Acts appointed an auditor to examine the books against the and accounts of a practitioner and the practitioner fails Fund. or neglects to pay the audit fee in connection with such examination, such audit fee shall be a charge against the Fund and payable from the Fund accordingly, but the Society shall have full power and authority to sue for and recover such audit fee from the practitioner so failing or neglecting to pay same in any court of competent jurisdiction; and in the event of the recovery of such fee, the same shall be paid into the Fund accordingly. * 21 Geo. V. No. 46, aupra, page 13162. t 14 Geo. V. No. 4 and amending Act, aupra, pages 10850 et Beq.

SUPREME COURT. 17315 1938. Queensland Law Society Acts Amendment Act. [24D.] Save as provided in sections 24, 24A, 24B, Saving of an9- 240 of this Act, nothing in this Act shall prejudice, ! : ~ ~ ntE. limit, or otherwise affect the provisions of the Trust Accounts Acts." 7. Section twenty-seven of *" The Queensland Law Amendmen1> Society Act Amendment Act of 1930" is amended by of s. 27. adding to the said section after the words "fifty pounds" occurring at the end thereof the words "and in addition thereto shall be guilty of a contempt of the Supreme Court and shall be liable to be punished accordingly." 8. Section twenty-eight of *" The Queensland Law Amendment Society Ac~ Amendment Act of 1930" is amended as of s. 28. follows :- In paragraph (a) all words after the words" form prescribed" are repealed, and the following words are inserted in lieu thereof, namely :-" and every such application shall be made on or before the thirty-first day of May in each year, and subject to the due observance of the foregoing provisions of this section the practising certificate issued on such application· shall be in force from the first day of June next succeeding such application until the next succeeding thirty-first day of May. If any application shall be made after the first day of June in any year the certificate shall bear date and shall be in force from the date on which all the requirements of this section, save the aforesaid requirement, as to date of lodgment shall have been fully satisfied. The Council may however for cause to it appearing sufficient allow a practising certificate to relate back to the first day of June of the then current period. If any practising practitioner shall be absent from the State or for any other reason sufficient to the Council be unable to make an application for a practising certificate the Council may act upon an application made by any partner or attorney of such practitioner, and such alterations as the nature of the case may require may be made in any declaration requ:red to be lodged with such application." * 21 Geo. V. No. 46, 8upra, page 13162.

17316 SUPREME COURT. Queensland Law Society Acts Amendment Act. 2 GEO. VI. No. 6, 1938. Amendment 9. The following additional paragraphs are added of s. 29. to section twenty-nine of *" The Queensland Law Society Act Amendment Act of 1930" after paragraph (f)· as follows :- "(g) Be in default in the performance, fulfilment, or satisfaction of any order made by the statutory committee whether made before or after the passing of t" The Queensland Law Society Acts Amendment Act of 1938 " ; (h) Have been practising without a practising certificate; (i) Have failed to reimburse the Fund any sum paid out of the Fund on account of the practitioner." Amendment 10. A new subsection four is added to section of s. 34. thirty-four of *" The Queensland Law Society Act ! ~ : ection Amendment Act of 1930 " as follows : - 4. " (4.) Any rules under this section may also be made under subsection nine of section four of the Principal Act." * 21 Geo. V. No. 46, supra, page 13162. t This Act. TRAFFIC. See TRANSPORT.