LEGAL PROFESSION REGULATION 2002 - REG 7 Information in application: section 30

This legislation has been repealed.

LEGAL PROFESSION REGULATION 2002 - REG 7

7 Information in application: section 30

(1) An application by a legal practitioner for a practising certificate must be in a form that is approved by the appropriate Council, and signed by the practitioner, and must contain or be accompanied by the following:

(a) particulars of any partnership of which the practitioner is a member,

(b) particulars of any incorporated legal practice of which the practitioner is an officer or employee, including the name of the incorporated legal practice, its Australian Company Number and the names of the directors of the incorporated legal practice,

(c) the address of the office or offices at which the practitioner practises or provides legal services and, if more than one office, an indication as to which of those addresses is that of the principal office,

(d) in the case of a practitioner who is a member of, or employed by, a partnership or is an officer or employee of an incorporated legal practice--the address of the office or offices at which the partnership or legal practice practises or provides legal services and, if more than one office, an indication as to which of those addresses is that of the principal office,

(e) in the case of a practitioner who is employed otherwise than by a partnership or incorporated legal practice--the name of the employer and the address of the principal office of the employer,

(ea) the telephone number and facsimile number (if any) of the practitioner at the office or offices at which the practitioner practises or provides legal services,

(eb) the number of an exchange box in a document exchange (DX) of Australian Document Exchange Pty. Limited (if any) that is used by the practitioner,

(f) if the practitioner does not have in New South Wales an exchange box in a document exchange of Australian Document Exchange Pty. Limited, the name of the practitioner's Sydney agent (if any),

(g) if the practitioner has been found guilty of any offence (other than an excluded offence)--the nature of the offence,

(h) if the practitioner has committed an act of bankruptcy (within the meaning of section 3 (3) of the Act)--details of the act of bankruptcy,

(i) if the practitioner is a solicitor director of an incorporated legal practice and a financial report and director's report is required to be prepared in respect of the incorporated legal practice under section 292 of the Corporations Act 2001 of the Commonwealth, a copy of those reports (being the reports most recently lodged with the Australian Securities and Investments Commission).

(2) Subclause (1) (g):

(a) applies to an offence whether or not committed in the course of practice as a legal practitioner, and

(b) applies to any finding of guilt of an offence whether or not the court proceeded to a conviction for the offence, and

(c) applies to an offence committed in New South Wales or to an offence committed outside New South Wales (so long as it would have been an offence, other than an excluded offence, if committed in New South Wales), and

(d) applies to a finding of guilt even if other persons are prohibited from disclosing the identity of the offender, and

(e) extends to an indictable offence committed before the commencement of this Regulation (and so extends whether the finding of guilt was made before or after that commencement), and

(f) extends to an offence (other than an indictable offence) committed after 8 March 1991, and

(g) does not apply to a finding of guilt previously disclosed in an application for a practising certificate or under clause 133.

(3) Subclause (1) (h) does not require the disclosure of any information previously disclosed in an application for a practising certificate or under clause 134.

(4) Subclause (1) (h) applies to acts of bankruptcy whether occurring before or after the commencement of this Regulation.

(5) The appropriate Council may require the legal practitioner to furnish such further information as it considers relevant to its determination of the application within such time as it specifies.

(6) In this clause, "offence" includes a tax offence.