LEGAL PROFESSION ACT 1987 - SECT 48D Offence by corporation or officers

This legislation has been repealed.

LEGAL PROFESSION ACT 1987 - SECT 48D

48D Offence by corporation or officers

(1) A corporation must not do anything of a kind, or do anything in a manner, that is calculated to imply that the corporation is qualified to act as a barrister or solicitor and barrister.

Maximum penalty: 500 penalty units.

(2) A director, officer or employee of a corporation must not:

(a) do anything of a kind, or do anything in a manner, or

(b) cause the corporation to do anything of a kind, or do anything in a manner,

that is calculated to imply that the corporation is qualified to act as a barrister or solicitor and barrister.

Maximum penalty: 20 penalty units.

(3) This section does not apply to or in respect of an incorporated legal practice that has at least one solicitor director (within the meaning of Division 2A of Part 3). Any such practice does not contravene this section because it ceases to have such a solicitor director if a new solicitor director is appointed within the time prescribed by the regulations or, if no such time has been prescribed, within a reasonable time.

(4) If a person contravenes this section:

(a) no action lies for the recovery of costs in respect of anything done in the course of the contravention, and

(b) if any such costs have been paid, the amount paid may be recovered as a debt owed by the person to whom they were paid to the other person who paid them.