LEGAL PROFESSION ACT 2007 - SECT 119 Incorporated legal practice without legal practitioner director

LEGAL PROFESSION ACT 2007 - SECT 119

119 Incorporated legal practice without legal practitioner director

(1) An incorporated legal practice contravenes this subsection if it does not have a legal practitioner director for the corporation for a period exceeding 7 days.

(2) If an incorporated legal practice stops having a legal practitioner director, the practice must give notice to the law society of that fact, in the law society approved form, as soon as possible after the practice stops having a legal practitioner director.

Penalty—

Maximum penalty—

(a) for a person guilty under the Criminal Code , chapter 2 , of an offence—60 penalty units; or

(b) for a corporation—300 penalty units.

(3) An incorporated legal practice must not provide legal services in this jurisdiction during any period it is taken to be in default of legal practitioner director requirements as mentioned in subsection (4) .

Penalty—

Maximum penalty—

(a) for a person guilty under the Criminal Code , chapter 2 , of an offence—180 penalty units; or

(b) for a corporation—900 penalty units.

(4) An incorporated legal practice that contravenes subsection (1) is taken to be in default of legal practitioner director requirements under this section for the period from the end of the period of 7 days until—

(a) it has at least 1 legal practitioner director; or

(b) a person is appointed under this section, or the provisions of a corresponding law, in relation to the practice.

(5) The law society may, if it considers it appropriate, appoint an Australian legal practitioner who is an employee of the incorporated legal practice or another person nominated by the law society, in the absence of a legal practitioner director, to perform or discharge the functions or duties conferred or imposed on a legal practitioner director under this part.

(6) An Australian legal practitioner is not eligible to be appointed under this section unless the legal practitioner holds an unrestricted practising certificate.

(7) The appointment under this section of a person to perform or discharge functions or duties of a legal practitioner director does not, for any other purpose, confer or impose on the person any of the other functions or duties of a director of the incorporated legal practice.

(8) An incorporated legal practice does not contravene subsection (1) during any period during which a person holds an appointment under subsection (5) in relation to the practice.

(9) The reference in this section to a legal practitioner director does not include a reference to a person who is not validly appointed as a director, but this subsection does not affect the meaning of the expression ‘legal practitioner director’ in other provisions of this Act.