New South Wales Repealed Acts

This legislation has been repealed.

LEGAL PROFESSION ACT 1987 - SECT 3

3 Definitions

(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:
"accountant" means an accountant who is a registered company auditor (within the meaning of the Corporations Act 2001 of the Commonwealth).
"Admission Board" means the Legal Practitioners Admission Board constituted under Part 2.
"admission rules" means rules made under this Act by the Admission Board.
"Advisory Council" means the Legal Profession Advisory Council constituted under Part 5.
"Appeal Panel" of the Tribunal means an Appeal Panel constituted under the Administrative Decisions Tribunal Act 1997 .
"Bar Association" means the New South Wales Bar Association.
"Bar Council" means the Council of the Bar Association.
"barrister" means:

(a) a legal practitioner who holds a current practising certificate as a barrister, or

(b) an interstate legal practitioner who practises as a barrister in this State.

"barristers rules" means rules made under this Act by the Bar Council.
"Commissioner" means the Legal Services Commissioner appointed under Part 5A.
"corresponding law" see section 48N.
"costs" includes fees, charges, disbursements, expenses and remuneration.
"Council" means the Bar Council or the Law Society Council.
"Director-General" means the Director-General of the Attorney General’s Department.
"domestic lawyer" see section 48ZE.
"Fidelity Fund" means the Solicitors’ Fidelity Fund established and maintained under Part 7.
"foreign law" see section 48ZE.
"foreign lawyer" see section 48ZE.
"foreign lawyers rules" means rules made under section 57A (3), 57B (3) or 57CA.
"foreign registration authority" see section 48ZE.
"home registration authority" see section 48ZE.
"incorporated legal practice" means a corporation that is an incorporated legal practice within the meaning of Division 2A of Part 3.
"insurer" means a person (whether or not a corporation) who or which carries on insurance business in New South Wales or elsewhere.
"interstate legal practitioner" see section 48N.
"interstate practising certificate" see section 48N.
"investigator" means an investigator appointed under section 55.
"joint rules" means rules made under this Act jointly by the Bar Council and the Law Society Council.
"Law Society" means the Law Society of New South Wales.
"Law Society Council" means the Council of the Law Society.
"lay member" of a body means a member who is not a legal practitioner.
"legal practitioner" means a person enrolled in the Supreme Court as a legal practitioner.
"Legal Services Division" of the Tribunal means the Legal Services Division of the Tribunal established by the Administrative Decisions Tribunal Act 1997 .
"licensed conveyancer" means the holder of a licence in force under the Conveyancers Licensing Act 1995 .
"local legal practitioner" see section 48N.
"locally registered foreign lawyer" see section 48ZE.
"manager", in relation to a solicitor’s practice, means a manager appointed for the time being under Part 8A.
"Manager, Costs Assessment" means the person holding office, under Part 2 of the Public Sector Management Act 1988 , as “Manager, Costs Assessment” in the Attorney General’s Department, and includes any person to whom that person has delegated the functions of that officer.
"money" includes an instrument enabling a bank, building society or credit union to credit or debit an amount of money to an account with the bank, building society or credit union.
"practising certificate" means a practising certificate issued under Part 3 by the Bar Council or by the Law Society Council.
"practising certificate fee" means the fee payable for the issue of a practising certificate under section 29A or 29B.
"pre-admission event" means:

(a) an act of bankruptcy committed by a person before being admitted as a legal practitioner, or

(b) a finding of guilt against a person before being admitted as a legal practitioner (where the person was found guilty of an indictable offence or a tax offence).

"Public Purpose Fund" means the Public Purpose Fund established under Division 2 of Part 6.
"receiver", in relation to a solicitor’s property, means a receiver appointed under Part 8.
"regulations" means regulations made under this Act.
"regulatory authority" see section 48N.
"solicitor" means:

(a) a legal practitioner who holds a current practising certificate as a solicitor and barrister, or

(b) an interstate legal practitioner who practises as a solicitor and barrister in this State.

"solicitors rules" means rules made under this Act by the Law Society Council.
"Supreme Court Charter" means the Charter dated 13 October 1823 under the Act 4 Geo IV c 96 establishing Courts of Justice in New South Wales.
"tax offence" means any offence under the Taxation Administration Act 1953 of the Commonwealth.
"Tribunal" means the Administrative Decisions Tribunal established by the Administrative Decisions Tribunal Act 1997 .
"trust account inspector" means a trust account inspector appointed under section 55.
"unrestricted practising certificate" means a practising certificate that is not subject to a condition, other than a condition requiring the holder of the certificate to undertake and complete one or more courses of continuing legal education.

(2) In this Act:

(a) a reference to a function includes a reference to a power, authority and duty, and

(b) a reference to the exercise of a function includes, if the function is a duty, a reference to the performance of the duty.

(3) For the purposes of this Act, a person is taken to have committed an "act of bankruptcy" if the person:

(a) is bankrupt or the subject of a creditor’s petition presented to the Court under section 43 of the Bankruptcy Act 1966 of the Commonwealth, or

(b) has presented (as a debtor) a declaration to the Official Receiver under section 54A of the Bankruptcy Act 1966 of the Commonwealth of his or her intention to present a debtor’s petition or presented (as a debtor) such a petition under section 55 of that Act, or

(c) has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounded with his or her creditors or made an assignment of his or her remuneration for their benefit.