Australian Capital Territory Repealed Acts

This legislation has been repealed.

LEGAL PRACTITIONERS ACT 1970 (REPEALED) - SECT 3

In this Act:

Note     A definition applies except so far as the contrary intention appears (see Legislation Act 2001 , s 155).

"admission board" means the Legal Practitioners Admission Board.

"authorised officer" means an officer of the Supreme Court of a State or another Territory authorised in accordance with rules of court made under section 18 (1) (b).

"control", in relation to moneys, means control by a solicitor, direct or indirect, over moneys of a client.

"controlled moneys" means moneys over which a solicitor has control, but does not include—

        (a)     trust moneys; or

        (b)     a third-party payment.

"council" means the Council of the law society.

"court" means the Supreme Court.

"fidelity fund" means the Solicitors' Fidelity Fund of the Australian Capital Territory established by section 132.

"indemnity fund" means a fund approved under section 83.

"law society" means The Law Society of the Australian Capital Territory as constituted by section 4.

"legal practitioner" means a person whose name is on, or is to be taken to be on, the roll of legal practitioners.

"Mutual Recognition Act" means the Mutual Recognition Act 1992 (Cwlth).

"practising certificate" means an unrestricted practising certificate, or a restricted practising certificate, issued under part 7.

"professional conduct board" means the Professional Conduct Board of the law society.

"professional indemnity insurance" means a policy of insurance approved under section 76 or taken to be approved under section 77.

"registrar" means the registrar of the Supreme Court.

"restricted practising certificate" means a practising certificate certifying to the entitlement of the holder to perform the functions of a solicitor whilst in the employ of another person.

"roll of legal practitioners" means the roll kept under section 16C.

"rules of court" means rules of court under the Supreme Court Act 1933 , section 36 .

"statutory interest account" means an account opened and maintained in accordance with section 128 (2).

"third-party payment" means a payment being a cheque, bank cheque, bank draft or money order—

        (a)     received by a solicitor from or on behalf of a client with instructions, express or implied, that the payment is to be delivered to—

              (i)     the person to whom it is expressed to be payable; or

              (ii)     a person other than the solicitor, a partner of the solicitor or the solicitor's firm; and

        (b)     made payable otherwise than to the solicitor, a partner of the solicitor or the solicitor's firm.

"Trans-Tasman Mutual Recognition Act" means the Trans-Tasman Mutual Recognition Act 1997 (Cwlth).

"trust moneys" means moneys that are, under section 87, to be deemed to be held by a solicitor in trust for a client of that solicitor.

"unrestricted practising certificate" means a practising certificate certifying to the entitlement of the holder to practise as a solicitor on his or her own account or in partnership with another legal practitioner.