Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts21. (1) Where immediately before the commencement of this section a person—
(a) held office as a member of the Barristers and Solicitors Admission Board of the Australian Capital Territory under subsection 7 (1) of the Principal Act; or
(b) held office under subsection 7 (4) of the Principal Act;
the person shall, subject to the Principal Act as amended by this Act, hold office for a period equal to the period which immediately before that commencement was the unexpired portion of his or her term of office as if—
(c) in the case of a person referred to in paragraph (a)—the person had been appointed under subsection 7 (1) of the Principal Act as amended by this Act; or
(d) in the case of a person referred to in paragraph (b)—the person had been appointed under subsection 7 (4) of the Principal Act as amended by this Act.
(2) Where before the commencement of this section a person had lodged with the Court a notice under section 19 of the Mutual Recognition Act but had not become entitled to registration before that commencement, for the purpose of enabling the notice to be dealt with under the Principal Act as amended by this Act—
(a) the lodgment of the notice shall be taken to be the making of an application for enrolment under section 12 of the Principal Act as amended by this Act;
(b) the person on whose behalf the notice was lodged shall be taken to be the applicant; and
(c) if the Registrar had not, before that commencement, forwarded a copy of the notice to the Admission Board and to the Law Society—the Registrar shall comply with section 13 as soon as practicable after that commencement.
(3) In relation to an application referred to in subsection (2), the reference in—
(a) paragraph 15 (c);
(b) subsection 16A (1); or
(c) subsection 16A (4);
of the Principal Act as amended by this Act to the making of the application shall be taken to be a reference to the commencement of this section.
(4) Subject to any order of the Court, where in relation to a particular application the Registrar is satisfied, having regard to the time limit specified in subsection 21 (1) of the Mutual Recognition Act, that the processing of the application within the periods provided for in—
(a) subsection 14 (5) of the Principal Act as amended by this Act; and
(b) the provisions referred to in subsection (3), as affected by that subsection;
would not be possible, or reasonably practicable, the Registrar may issue written directions to abridge any 1 or more of those periods.
(5) Where before the commencement of this section a person had signed the Roll of Barristers and Solicitors in accordance with section 19 of the Principal Act and immediately before that commencement his or her name remained on the Roll, the person shall, for the purposes of the Principal Act as amended by this Act, be taken to have been enrolled as a legal practitioner.
(6) For the purposes of subsection (5) the name of a person shall be taken not to have remained on the Roll if, before the commencement of this section, the Supreme Court had given a direction referred to in paragraph 67 (1) (a) of the Principal Act which immediately before that commencement had not been given effect.
(7) Where immediately before the commencement of this section the name of a person was entered on the Roll of Barristers and Solicitors but the person had not signed the Roll in accordance with section 19 of the Principal Act, the person shall, for the purposes of the Principal Act as amended by this Act, be taken to have been enrolled as a legal practitioner on signing the Roll.
(8) The Roll kept under section 16 of the Principal Act immediately before the commencement of this section shall be taken to be the Roll of Legal Practitioners for the purposes of the Principal Act as amended by this Act.
(9) The Roll known as the “Roll of Barristers and Solicitors—Mutual Recognition” kept by the Registrar immediately before the commencement of this section—
(a) shall be taken always to have formed part of the roll referred to in subsection (8); and
(b) shall for the purposes of the Principal Act as amended by this Act be referred to as the Roll of Legal Practitioners—Mutual Recognition Scheme.
(10) Subject to subsection (11), where an application under section 22 of the Principal Act that was signed by the applicant was pending immediately before the commencement of this section, that application shall be taken to be an application under section 24 of the Principal Act as amended by this Act.
(11) Where an application under section 22 of the Principal Act referred to in subsection (10) does not include information required to be provided by the form approved by the Law Society for the purposes of section 24 of the Principal Act as amended by this Act (in this subsection called the “relevant information”), the Law Society may—
(a) by notice in writing to the applicant, require the applicant to provide the relevant information to the Law Society; and
(b) decline to deal with the application until the applicant has complied with a notice referred to in paragraph (a).
(12) Sections 198A and 198B of the Principal Act as amended by this Act apply in relation to a decision by the Law Society declining to deal with the application referred to in subsection (11) as if that decision were referred to in section 198A.
(13) Where but for the repeal of subsection 29 (1) of the Principal Act a person would have had a right to apply to the Supreme Court in accordance with that subsection in respect of a refusal referred to in paragraph 29 (1) (a) or (b) of that Act, the person may apply to the Court in accordance with subsection 31 (1) of the Principal Act as amended by this Act as if subsection 31 (1) had been in operation at the time the person was given the notice of that refusal.
(14) Where immediately before the commencement of this section an application had been made under subsection 29 (1) of the Principal Act in respect of a refusal referred to in paragraph 29 (1) (a) or (b) of that Act but had not been determined, the application may be continued and shall be determined as if it had been made under subsection 31 (1) of the Principal Act as amended by this Act.
(15) Where before the commencement of this section the Supreme Court had given the Law Society a direction in accordance with paragraph 29 (5) (a) of the Principal Act to issue to a person a practising certificate of the type sought by the person and immediately before that commencement the practising certificate had not been issued, the direction shall continue in force as if it had been given under paragraph 31 (2) (a) of the Principal Act as amended by this Act.
(16) Where before the commencement of this section an applicant to the Supreme Court sought the issue of an unrestricted practising certificate but the Court had given the Law Society a direction to issue to an applicant a restricted practising certificate in accordance with paragraph 29 (5) (a) of the Principal Act and immediately before that commencement the practising certificate had not been issued, the direction shall continue in force as if it had been given under paragraph 31 (2) (b) of the Principal Act as amended by this Act.
(17) Where—
(a) before the commencement of this section the Law Society had refused to issue a practising certificate to a person and the person had applied to the Supreme Court for an order under subsection 29 (5) of the Principal Act;
(b) before that commencement the Court on an application under section 30 of the Principal Act had ordered that until the determination of the application under that subsection the person be deemed to be the holder of a practising certificate of the type specified in the order; and
(c) immediately before that commencement the application under that subsection had not been determined;
the order of the Court shall be taken to be an order under subsection 31 (4) of the Principal Act as amended by this Act.
(18) Where—
(a) before the commencement of this section the Law Society had cancelled a practising certificate held by a person and the person had applied to the Supreme Court for an order under subsection 29 (6) of the Principal Act;
(b) before that commencement the Court on an application under section 30 of the Principal Act had ordered that until the determination of the application under that subsection the person be deemed to be the holder of a practising certificate of the type specified in the order; and
(c) immediately before that commencement the application under that subsection had not been determined;
the order of the Court shall be taken to be an order under subsection 36D (5) of the Principal Act as amended by this Act.
(19) Where but for the repeal of subsection 29 (1) of the Principal Act a person would have had a right to apply to the Supreme Court in accordance with that subsection in respect of a condition referred to in paragraph 29 (1) (c) of that Act, the person may apply to the Court in accordance with subsection 34 (1) of the Principal Act as amended by this Act as provided in paragraph 34 (1) (a) of that Act as if subsection 34 (1) had been in operation at the time the person was issued with the practising certificate containing that condition.
(20) Where but for the repeal of subsection 29 (2) of the Principal Act a person would have had a right to apply to the Supreme Court in accordance with that subsection in respect of the cancellation or suspension of his or her practising certificate, the person may apply to the Court in accordance with subsection 36D (1) of the Principal Act as amended by this Act in respect of that cancellation or suspension.
(21) Where immediately before the commencement of this section an application had been made under subsection 29 (2) of the Principal Act but had not been determined, the application may be continued and shall be determined as if it had been made under subsection 36D (1) of the Principal Act as amended by this Act.
(22) Where immediately before the commencement of this section an application had been made under subsection 29 (3) of the Principal Act but had not been determined, the application may be continued and shall be determined as if it had been made under subsection 32 (1) of the Principal Act as amended by this Act.
(23) Subject to subsection (25), where immediately before the commencement of this section a person held an unrestricted practising certificate, the person shall, for the purposes of the Principal Act as amended by this Act, be taken to hold a practising certificate issued under section 27 of the Principal Act as amended by this Act.
(24) Subject to subsection (25), where immediately before the commencement of this section a person held a restricted practising certificate, the person shall, for the purposes of the Principal Act as amended by this Act, be taken to hold a practising certificate issued under section 28 of the Principal Act as amended by this Act.
(25) Where immediately before the commencement of this section a practising certificate referred to in subsection (23) or (24) was suspended under a provision of the Principal Act specified in Column 1 of the table to this subsection, the certificate shall, for the purposes of the Principal Act as amended by this Act, be taken to have been suspended under the provision of the Principal Act as amended by this Act specified in Column 2 of the table for the same period as imposed under the provision specified in Column 1 of the table as if the provision specified in Column 2 of the table had been in operation at the time the suspension was imposed.
TABLE
COLUMN 1 | | COLUMN 2 |
| subsection 27 (2) | | subsection 36 (1) |
|
subsection 84 (1) | | paragraph 36 (2) (a) |
| subsection 27 (3) (in respect of a barrister and solicitor referred to in paragraph 27 (3) (c)) | |
paragraph 36 (2) (b) |
| subsection 27 (3) (in respect of a barrister and solicitor referred to in paragraph 27 (3) (d)) | | paragraph 36 (2) (c) |
(26) Where before the commencement of this section notice of the suspension of a practising certificate was given under section 28 of the Principal Act and that suspension had not expired or been revoked before that commencement, that notice shall be taken to have been given under section 36B of the Principal Act as amended by this Act.
(27) The register of names of all persons holding current unrestricted practising certificates kept under section 33 of the Principal Act immediately before the commencement of this section shall for the purposes of the Principal Act as amended by this Act be taken to have become the register of names of all persons holding current unrestricted practising certificates kept under subsection 36G (1) of the Principal Act as amended by this Act.
(28) The register of names of all persons holding current restricted practising certificates kept under section 33 of the Principal Act immediately before the commencement of this section shall for the purposes of the Principal Act as amended by this Act be taken to have become the register of names of all persons holding current restricted practising certificates kept under subsection 36G (1) of the Principal Act as amended by this Act.
(29) An approval under section 78 of the Principal Act shall be taken to be an approval under section 76 of the Principal Act as amended by this Act.
(30) Subject to subsection (31), the Solicitors' Mutual Indemnity Fund established by subsection 74B (1) of the Legal Practitioners Act 1898 of New South Wales, as continued in force by the Legal Profession Act 1987 of that State, shall be taken to have been approved by the Law Society under section 83 of the Principal Act as amended by this Act.
(31) The approval effected by subsection (30) ceases to have effect immediately before 1 July 1998.
(32) An agreement or arrangement referred to in subsection 79 (2) of the Principal Act that was entered into before the amendment of that subsection by this Act and remained in force immediately before that amendment shall be taken to make provision in accordance with paragraph 79 (2) (a) of the Principal Act as amended by this Act.
(33) Where immediately before the commencement of this section a person had a right of appeal under section 81 or 85, that right may be exercised after that commencement as if this Act had not been passed.
(34) Where immediately before the commencement of this section an application had been made under section 146A of the Principal Act but had not been disposed of, the application shall be dealt with as if it had been made under the corresponding provision of section 198A of the Principal Act as amended by this Act.
(35) Where immediately before the commencement of this section notice of a decision or determination referred to in section 146A of the Principal Act had been given but an application had not been made under that section, the notice shall be taken to have been given under section 198B of the Principal Act as amended by this Act and to refer to the decision or determination being made under the corresponding provision of section 198A of the Principal Act as amended by this Act.
(36) Where before the commencement of this section permission had been given under section 197 of the Principal Act and remained in force immediately before that commencement, the permission shall be taken to have been given under section 197 of the Principal Act as amended by this Act.