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LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 466 Provisions relating to certain requirements under this Law

LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 466

Provisions relating to certain requirements under this Law

466 Provisions relating to certain requirements under this Law

(1) This section applies to a requirement under--
(a) section 154 to give written notice of an irregularity in connection with a trust account, a trust ledger account or trust money; or
(b) section 348 to give access to documents or information; or
(c) section 370 to produce documents or provide information; or
(d) section 371 to produce documents, provide information or otherwise assist in, or cooperate with, an investigation; or
(e) section 375(1)(j) to do a specified thing; or
(f) Part 7.4 to produce documents, provide information or do anything else under that Part.
(2) The validity of the requirement is not affected, and a person is not excused from complying with the requirement, on--
(a) the ground of legal professional privilege or any other duty of confidence; or
(b) the ground that a law practice or Australian legal practitioner has a lien over a particular document or class of documents.
(3) A person is not excused from complying with the requirement on the ground that compliance with the requirement, or an answer, document, information or assistance provided in complying with the requirement, may tend to incriminate the person.
(4) Any information, document or other thing obtained as a direct or indirect consequence of a person complying with the requirement is admissible against the person in proceedings or procedures--
(a) for making a false or misleading statement; or
(b) for an offence against this Law; or
(c) relating to a disciplinary matter--
but is not otherwise admissible in evidence against that person.
(5) A person complying with the requirement is not subject to any liability, claim or demand merely because of compliance with the requirement and, without limitation, is not liable for any loss or damage suffered by another person as a result of the person's compliance with the requirement.
(6) A failure of an Australian lawyer or Australian-registered foreign lawyer to comply with the requirement is capable of constituting unsatisfactory professional conduct or professional misconduct.
(7) A local regulatory authority may recommend to the designated local regulatory authority that an Australian practising certificate or an Australian registration certificate be suspended while a failure by the holder to comply with the requirement continues.