New South Wales Repealed Regulations

This legislation has been repealed.

LEGAL PROFESSION REGULATION 2002 - REG 3

3 Definitions

(1) In this Regulation:
"appropriate Council" means:

(a) in relation to a person who is a barrister or applies for a practising certificate authorising the person to practise as a barrister-the Bar Council, or

(b) in relation to a person who is a solicitor or applies for a practising certificate authorising the person to practise as a solicitor-the Law Society Council.

"associate" of a solicitor has the same meaning as it has in Division 1 of Part 6 of the Act.

Note: See also clause 73 of this Regulation.

"controlled money" has the same meaning as it has in section 61 (9) of the Act.
"costs review panel" means a panel of 2 costs assessors constituted to conduct a review of a costs assessor’s determination under Subdivision 4A of Division 6 of Part 11 of the Act.
"excluded offence" means:

(a) any offence under the road transport legislation (within the meaning of the Road Transport (General) Act 1999 ) other than the following:

(i) an offence under section 42 (1) of the Road Transport (Safety and Traffic Management) Act 1999 relating to driving a motor vehicle negligently on a road or road related area if the barrister or solicitor concerned is, by way of penalty, sentenced to imprisonment or fined a sum of not less than $200,

(ii) an offence under section 42 (2) of the Road Transport (Safety and Traffic Management) Act 1999 relating to driving a motor vehicle on a road or road related area furiously, recklessly or at a speed or in a manner dangerous to the public,

(iii) any offence under section 19 (2) of the Road Transport (General) Act 1999 (which relates to refusing to comply with a requirement to produce a driver licence, or to state name and home address, or stating a false name and home address),

(iv) any offence under section 12 (1) of the Road Transport (Safety and Traffic Management) Act 1999 (which relates to driving etc while under the influence of alcohol or any other drug),

(v) any offence under section 25A (1), (2) or (3) of the Road Transport (Driver Licensing) Act 1998 (which relates to driving while unlicensed and other relevant matters),

(vi) any offence under section 70 of the Road Transport (Safety and Traffic Management) Act 1999 (which relates to failing to stop and give assistance after an accident),

(vii) any offence under section 9 of the Road Transport (Safety and Traffic Management) Act 1999 (which relates to presence of prescribed concentration of alcohol in person’s blood),

(viii) an offence under section 43 of the Road Transport (Safety and Traffic Management) Act 1999 (which relates to menacing driving),

(ix) any other offence under the road transport legislation if the court orders the disqualification of the barrister or solicitor concerned from holding a driver licence, or

(b) any offence relating to the parking of motor vehicles.

"register" means a register kept by a Council under section 38C of the Act.
"solicitor director" has the same meaning as it has in Division 2A of Part 3 of the Act.
"the Act" means the Legal Profession Act 1987 .
"trust money" has the same meaning as it has in section 61 of the Act.

(2) A reference in the definition of "excluded offence" in subclause (1):

(a) to an offence under the road transport legislation includes a reference to an offence under the Traffic Act 1909 , or the regulations under that Act, as previously in force, and

(b) a reference to an offence under a provision of an Act specified in paragraph (a) of that definition includes a reference to an offence under a corresponding provision of the Traffic Act 1909 , or the regulations under that Act, as previously in force.

(3) A reference in this Regulation to a legal practitioner’s or solicitor’s firm includes, in relation to a legal practitioner or solicitor who provides legal services in the capacity of an officer or employee of an incorporated legal practice, a reference to the incorporated legal practice.

(4) A reference in this Regulation (other than in Part 10) to a form is a reference to a form in Schedule 1.