Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsSCHEDULE Section 20
FURTHER AMENDMENTS
Omit the subsection, substitute the following subsection:
“(1) There shall be a Legal Practitioners Admission Board consisting of 5 members, being legal practitioners, appointed by the Chief Justice.”.
(a) Omit “to practise as a barrister and solicitor of the Supreme Court”, substitute “as a legal practitioner”.
(b) Omit “Supreme” (second occurring).
Omit “16 (1) (b)”, substitute “16D (1) (b) or subsection 16D (2)”.
Omit “to this Act”.
Omit “ subsection 16 (1)”, substitute “section 16D”.
Omit all the words after “is enrolled as”, substitute “a legal practitioner (however described) whether in the Territory or elsewhere or who has the educational qualifications prescribed for admission as a legal practitioner”.
After section 38, insert the following section:
“39. The amount which a member of the Professional Conduct Board is entitled to be paid by way of remuneration and allowances shall be paid by the Law Society out of moneys standing to the credit of a Statutory Interest Account.”.
Omit “barrister, as a solicitor, or as a barrister and solicitor,”, substitute “legal practitioner (however described)”.
(a) Omit “barrister and solicitor” (first occurring), substitute “legal practitioner”.
(b) Omit “and solicitor” (last occurring).
Omit “barrister and solicitor” (first occurring), substitute “legal practitioner”.
(a) Omit “barrister and solicitor” (first and second occurring), substitute “legal practitioner”.
(b) Omit “another barrister and solicitor”, substitute “a solicitor”.
Omit “barristers and solicitors”, substitute “legal practitioners”.
Omit “section 76”, substitute “subsection 27 (3)”.
Omit “day on which the bank at which the account is maintained or has been opened is open for business”, substitute “banking day”.
Omit “made under section 11, 12 or 13”, substitute “for admission or enrolment”.
Omit “a course of legal education of the kind referred to in subparagraph 11 (2) (b) (i)”, substitute “a prescribed course of training for the practice of law”.
Omit “Supreme Court Rules”, substitute “Rules of Court”.
Repeal the sections.
Omit the paragraph, substitute the following paragraph:
“(a) who has been admitted or enrolled as a legal practitioner under Part VI;”.
Omit “in accordance with Part IX or to contribute to the Indemnity Fund in accordance with Part X”.
Omit the subsections, substitute the following subsections:
“(2) An interstate legal practitioner to whom this section applies shall not practise as a solicitor, or both as a barrister and solicitor, unless he or she has appropriate indemnity insurance in respect of his or her practice in the Territory.
“(3) An interstate legal practitioner to whom this section applies has appropriate indemnity insurance in respect of his or her practice in the Territory during a period if in respect of that period—
(a) there is in force in respect of the practitioner a policy of insurance that provides the same or a higher level of indemnity as, and the terms of which are broadly equivalent to, a current policy of insurance approved under section 76; and
(b) if the practitioner is a contributor to an indemnity fund—the practitioner pays any levy payable in accordance with the rules or conditions applicable to contributors to the fund.”.
Omit “Barristers and Solicitors kept under section 16”, substitute “Legal Practitioners”.
Insert “a barrister, a solicitor, or” before “a barrister and solicitor”.
Omit the subsection, substitute the following subsection:
“(1) A person other than a legal practitioner shall not, for reward, draw, or cause his or her employee to draw—
(a) a will or other testamentary instrument; or
(b) an instrument—
(i) creating or regulating rights between persons;
(ii) relating to real or personal property; or
(iii) relating to a legal proceeding.
Penalty: 50 penalty units.”.
Omit the paragraph, substitute the following paragraph:
“(a) for a person to draw an instrument in the course of his or her employment as—
(i) a public employee;
(ii) a member of the Australian Public Service;
(iii) a member of the Defence Force; or
(iv) an employee of a trust company within the meaning of the Trustee Companies Act 1947 ;”.
Omit the definitions, substitute the following definition:
Omit the subsection, substitute the following subsection:
“(2) Subsection (1) does not apply to—
(a) a public employee;
(b) a member of the Australian Public Service; or
(c) an employee of a trust company within the meaning of the Trustee Companies Act 1947 .”.
Omit “barrister and” (first occurring).
Omit the section, substitute the following section:
“197. Except with the permission of the Council, a solicitor shall not employ a person in connection with his or her practice as a solicitor if he or she knows that the name of that person has been removed, otherwise than at his or her own request, from—
(a) the Roll of Legal Practitioners;
(b) the Register of Practitioners kept in pursuance of section 55C of the Judiciary Act 1903 of the Commonwealth; or
(c) the roll or register of legal practitioners (however described) of the Supreme Court of a State, another Territory or of the High Court of New Zealand.”.
(a) Omit “barrister and solicitor” (first occurring), substitute “legal practitioner”.
(b) Omit “barrister and” (second occurring).
(a) Omit “a barrister and solicitor who practises as”.
(b) Omit “barrister and” (second occurring).
Omit “a barrister and solicitor who practises as”.
Omit “ THE ”.
Omit “ a barrister and solicitor ” (wherever occurring), substitute “ of law as a legal practitioner ”.
1. The following provisions are amended by omitting “barrister and solicitor” (wherever occurring) and substituting “legal practitioner”:
Section 3 (definition of “unrestricted practising certificate”), subsections 6 (1) and 7 (4), paragraph 8 (2) (b), section 37 (definition of “solicitor”), paragraphs 38 (3) (b), 40 (2) (a) and 67 (1) (d), subsection 152 (2), section 192, paragraph 193 (2) (c), subsection 194 (1) and paragraph 199 (1) (d).
2. The following provisions are amended by omitting “Barristers and Solicitors” (wherever occurring) and substituting “Legal Practitioners”:
Subsections 4 (9) and 17 (2), paragraph 18 (1) (a), subsection 18 (2), sections 19, 20 and 37 (definition of “professional misconduct”, paragraph (b)), paragraph 67 (1) (a), section 72, subsection 149 (3) and paragraph 191C (a).
3. The following provisions are amended by omitting “barrister and” (wherever occurring):
Subsection 196 (1), paragraphs 196 (2) (c) and (d), subsection 198 (1), and paragraph 200 (2) (a).
4. The following provisions are amended by omitting “Supreme” (wherever occurring):
Subsections 8 (1) and (2), 14 (1), 41 (1) and (2), 62 (1), 63 (1), (2) and (3) and 64 (1), subparagraph 66 (2) (c) (ii), subsections 67 (1), (2) and (3), 68 (1), (2) and (3) and 69 (1), (2) and (3), sections 70, 71, 72 and 73, paragraphs 74 (c) and 128 (4) (d), subsections 149 (1), (2), (3) and (5), 152 (4) and 153 (1) and (2), section 158, subsections 159 (1), (3) and (4), 160 (1), (2), (3) and (5) and 161 (1), section 162, subsections 178 (2), 186 (1), (2) and (3) and 191 (1), (2), (3) and (4), section 191A (definition of “regulatory authority”, paragraph (a)), and subsections 191M (5), 198 (2), 200 (3) and 201 (1).
5. The following provisions are amended by omitting “Court” (wherever occurring) and substituting “court”:
Paragraphs 80 (4) (a), 108 (1) (b) and (2) (b) and 112 (1) (b) and (2) (b).