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TASMANIA
__________
LEGAL PROFESSION (MISCELLANEOUS AND
CONSEQUENTIAL AMENDMENTS) BILL 2007
__________
CONTENTS
1. Short title
2. Commencement
3. Section 226(1) amended (Rules)
4. Section 661 amended (Repeal and rescission)
5. Consequential Amendments
6. Effect of certain consequential amendments
Schedule 1 Consequential Amendments
[Bill 68]-I
2
LEGAL PROFESSION (MISCELLANEOUS AND
CONSEQUENTIAL AMENDMENTS) BILL 2007
(Brought in by the Minister for Justice and Workplace
Relations, the Honourable Steven Kons)
A BILL FOR
An Act to amend the Legal Profession Act 2007 and to
amend certain Acts and statutory rules consequential on
the enactment of that Act
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Legal Profession
(Miscellaneous and Consequential Amendments)
Act 2007.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
3. Section 226(1) amended (Rules)
Section 226(1) of the Legal Profession Act 2007
is amended by omitting "Board" and substituting
"prescribed authority".
[Bill 68] 3
Legal Profession (Miscellaneous and Consequential
Amendments) Act 2007
Act No. of
s. 4
4. Section 661 amended (Repeal and rescission)
Section 661 of the Legal Profession Act 2007 is
amended by omitting subsection (1) and
substituting the following subsection:
(1) A provision of the Legal Profession Act
1993 is repealed to the extent and from
the day fixed by proclamation in respect
of that provision.
5. Consequential Amendments
The legislation specified in Schedule 1 is
amended as specified in that Schedule.
6. Effect of certain consequential amendments
The amendment by this Act of a provision of any
regulations, rules or by-laws made under any Act
does not prevent that provision or any other
provision of those regulations, rules or by-laws
from being amended or rescinded by any
subsequent regulations, rules or by-laws.
4
Legal Profession (Miscellaneous and Consequential Amendments)
Act 2007
Act No. of
sch. 1
SCHEDULE 1 CONSEQUENTIAL AMENDMENTS
Section 5
Acts Interpretation Act 1931
1. Section 46 is amended by inserting before the
definition of "authorised deposit-taking
institution" the following definitions:
"Australian lawyer" has the same meaning
as in the Legal Profession Act 2007;
"Australian legal practitioner" has the same
meaning as in the Legal Profession Act
2007;
Animal (Brands and Movement) Regulations 2003
1. Regulation 21(7) is amended by omitting "a
legal practitioner" and substituting "an
Australian legal practitioner".
Annulled Convictions Act 2003
1. Schedule 1 is amended by omitting "a legal
practitioner under Part 5 of the Legal Profession
Act 1993" from clause 6 of Part 1 and
substituting "an Australian lawyer".
5
Legal Profession (Miscellaneous and Consequential
Amendments) Act 2007
Act No. of
sch. 1
Anti-Discrimination Act 1998
1. Section 12 is amended as follows:
(a) by omitting from subsection (1)(c) "a
legal practitioner of not less than 7 years'
standing" and substituting "an Australian
lawyer of not less than 7 years' standing
as an Australian legal practitioner";
(b) by omitting from subsection (2) "a legal
practitioner of not less than 7 years'
standing" and substituting "an Australian
lawyer of not less than 7 years' standing
as an Australian legal practitioner";
(c) by omitting from subsection (3)(a) "a
legal practitioner of not less than 7 years'
standing" and substituting "an Australian
lawyer of not less than 7 years' standing
as an Australian legal practitioner".
Appeal Costs Fund Act 1968
1. Section 15(1)(c) is amended as follows:
(a) by omitting "legal practitioners" first
occurring and substituting "Australian
legal practitioners";
(b) by omitting "legal practitioners" second
occurring and substituting "Australian
legal practitioners";
6
Legal Profession (Miscellaneous and Consequential Amendments)
Act 2007
Act No. of
sch. 1
(c) by omitting from subparagraph (i) "legal
practitioners" and substituting
"Australian legal practitioners";
(d) by omitting from subparagraph (ii) "legal
practitioners" and substituting
"Australian legal practitioners".
2. Section 18 is amended by omitting "solicitor"
twice occurring and substituting "Australian
legal practitioner".
Australian Crime Commission (Tasmania) Act 2004
1. Section 3(1) is amended by inserting after the
definition of "issuing officer" the following
definition:
"legal practitioner" means an Australian
legal practitioner;
Building Act 2000
1. Section 223(a) is amended by omitting "a legal
practitioner" and substituting "an Australian
legal practitioner".
7
Legal Profession (Miscellaneous and Consequential
Amendments) Act 2007
Act No. of
sch. 1
Children, Young Persons and Their Families Act 1997
1. Section 56 is amended by omitting "a legal
practitioner" and substituting "an Australian
legal practitioner".
2. Section 59 is amended as follows:
(a) by omitting from subsection (1)(a) "a
legal practitioner" and substituting "an
Australian legal practitioner";
(b) by omitting from subsection (3)(a) "a
legal practitioner" and substituting "an
Australian legal practitioner";
(c) by omitting from subsection (3) "a legal
practitioner" second occurring and
substituting "an Australian legal
practitioner";
(d) by omitting from subsection (4) "a legal
practitioner" and substituting "an
Australian legal practitioner".
Chiropractors and Osteopaths Registration Act 1997
1. Clause 6 of Schedule 3 is amended as follows:
(a) by omitting from subclause (1) "a legal
practitioner" and substituting "an
Australian legal practitioner";
8
Legal Profession (Miscellaneous and Consequential Amendments)
Act 2007
Act No. of
sch. 1
(b) by omitting from subclause (2) "a legal
practitioner" and substituting "an
Australian legal practitioner";
(c) by omitting from subclause (3) "a legal
practitioner" and substituting "an
Australian legal practitioner".
Commercial Arbitration Act 1986
1. Section 20 is amended as follows:
(a) by omitting from subsection (5) "Legal
Profession Act 1993" and substituting
"Legal Profession Act 2007";
(b) by omitting from subsection (6)(a) "a
person who is admitted or entitled to
practise as a barrister, solicitor or legal
practitioner in Tasmania or in any other
place, whether within or outside
Australia" and substituting "an
Australian lawyer or Australian legal
practitioner".
2. Section 34(1)(c) is amended by omitting
"solicitor" and substituting "Australian legal
practitioner".
9
Legal Profession (Miscellaneous and Consequential
Amendments) Act 2007
Act No. of
sch. 1
Companies Auditors and Liquidators Disciplinary Board Act
1982
1. Section 4(2) is amended by omitting paragraph
(a) and substituting the following paragraph:
(a) one shall be an Australian lawyer who
has practised as an Australian legal
practitioner for not less than 5 years;
2. Section 5(2) is amended by omitting "a legal
practitioner who has practised as such for not
less than 5 years" and substituting "an Australian
lawyer who has practised as an Australian legal
practitioner for not less than 5 years".
Conveyancing Act 2004
1. Section 3(1) is amended by omitting the
definition of "legal practitioner" and substituting
the following definition:
"legal practitioner" means an Australian
legal practitioner;
2. Section 5(1)(d) is amended by omitting "Legal
Profession Act 1993" and substituting "Legal
Profession Act 2007 or a corresponding law
within the meaning of that Act".
10
Legal Profession (Miscellaneous and Consequential Amendments)
Act 2007
Act No. of
sch. 1
Conveyancing Regulations 2005
1. Regulation 5(b) is amended by omitting "legal
practitioner's office" and substituting "law
practice, within the meaning of the Legal
Profession Act 2007,".
Conveyancing and Law of Property Act 1884
1. Section 5(1)(b) is amended by omitting
"solicitor" three times occurring and substituting
"Australian legal practitioner".
2. Section 8 is amended by omitting "solicitor"
twice occurring and substituting "Australian
legal practitioner".
3. Section 69(1) is amended as follows:
(a) by omitting "a solicitor" and substituting
"an Australian legal practitioner";
(b) by omitting "the solicitor" twice
occurring and substituting "the
Australian legal practitioner".
4. Section 84 is amended as follows:
11
Legal Profession (Miscellaneous and Consequential
Amendments) Act 2007
Act No. of
sch. 1
(a) by omitting from subsection (1) "a
solicitor" and substituting "an Australian
legal practitioner";
(b) by omitting from subsection (3) "the
solicitor" and substituting "the Australian
legal practitioner";
(c) by omitting from subsection (4) "a
solicitor" and substituting "an Australian
legal practitioner".
5. Section 87(1) is amended by omitting "the
solicitor" and substituting "the Australian legal
practitioner".
Cooperatives Act 1999
1. Section 349(1)(a) is amended by omitting
"solicitors" and substituting "Australian legal
practitioners".
2. Section 396(2)(a) is amended by omitting
"solicitor" and substituting "Australian legal
practitioner".
3. Section 404 is amended as follows:
12
Legal Profession (Miscellaneous and Consequential Amendments)
Act 2007
Act No. of
sch. 1
(a) by omitting from subsection (1) "A legal
practitioner" and substituting "An
Australian legal practitioner";
(b) by omitting from subsection (1)(a) "legal
practitioner" first occurring and
substituting "Australian legal
practitioner";
(c) by omitting from subsection (1)(a) "a
legal practitioner" and substituting "an
Australian legal practitioner";
(d) by omitting from subsection (1)(b) "legal
practitioner" first occurring and
substituting "Australian legal
practitioner";
(e) by omitting from subsection (1)(b) "legal
practitioner" second occurring and
substituting "Australian legal
practitioner";
(f) by omitting from subsection (1)(b) "a
legal practitioner" and substituting "an
Australian legal practitioner";
(g) by omitting from subsection (2) "legal
practitioner" and substituting "Australian
legal practitioner";
(h) by omitting from subsection (3) "legal
practitioner" twice occurring and
substituting "Australian legal
practitioner";
13
Legal Profession (Miscellaneous and Consequential
Amendments) Act 2007
Act No. of
sch. 1
(i) by omitting from subsection (4) "legal
practitioner" first occurring and
substituting "Australian legal
practitioner";
(j) by omitting from subsection (4)(a) "legal
practitioner" and substituting "Australian
legal practitioner".
4. Section 406 is amended by omitting "solicitor"
from paragraph (b) of the definition of "involved
person" and substituting "Australian legal
practitioner".
5. Section 409(1) is amended by omitting "A legal
practitioner" and substituting "An Australian
legal practitioner".
6. Section 410 is amended as follows:
(a) by omitting from subsection (1) "a legal
practitioner" twice occurring and
substituting "an Australian legal
practitioner";
(b) by omitting from subsection (1) "legal
practitioner" second occurring and
substituting "Australian legal
practitioner";
14
Legal Profession (Miscellaneous and Consequential Amendments)
Act 2007
Act No. of
sch. 1
(c) by omitting from subsection (2) "legal
practitioner" twice occurring and
substituting "Australian legal
practitioner";
(d) by omitting from subsection (3) "legal
practitioner" first occurring and
substituting "Australian legal
practitioner";
(e) by omitting from subsection (3)(a) "legal
practitioner" and substituting "Australian
legal practitioner".
7. Section 413 is amended as follows:
(a) by omitting from subsection (3) "a legal
practitioner" and substituting "an
Australian legal practitioner";
(b) by omitting from subsection (3) "legal
practitioner" second occurring and
substituting "Australian legal
practitioner";
(c) by omitting from subsection (4) "A legal
practitioner" and substituting "An
Australian legal practitioner".
8. Section 430(3)(c) is amended by omitting "a
legal practitioner" and substituting "an
Australian legal practitioner".
15
Legal Profession (Miscellaneous and Consequential
Amendments) Act 2007
Act No. of
sch. 1
9. Clause 7(2)(n) of Schedule 5 is amended by
omitting "a solicitor" and substituting "an
Australian legal practitioner".
Coroners Act 1995
1. Section 52(4) is amended by omitting "a
barrister, or a legal practitioner, within the
meaning of the Legal Profession Act 1993" and
substituting "an Australian legal practitioner".
Corporations (Tasmania) Act 1990
1. Section 48 is amended by omitting "a barrister or
a solicitor, or as both a barrister and a solicitor,"
and substituting "an Australian legal
practitioner".
2. Section 60(1) is amended by omitting "solicitor"
from paragraph (b)(i) of the definition of
"eligible person" and substituting "Australian
legal practitioner".
Corrections Act 1997
1. Section 3 is amended by omitting `a person
referred to in paragraph (a) of the definition of
"legal practitioner" in section 3 of the Legal
Profession Act 1993' from the definition of
16
Legal Profession (Miscellaneous and Consequential Amendments)
Act 2007
Act No. of
sch. 1
"legal practitioner" and substituting "an
Australian legal practitioner".
2. Section 62(2)(a) is amended as follows:
(a) by omitting "or barrister of the Supreme
Court or of a Supreme Court of any part
of the Commonwealth other than this
State";
(b) by omitting "that Court" and substituting
"a Supreme Court".
3. Clause 6(2)(d)(ii) of Schedule 2 is amended by
omitting "from the roll of barristers or legal
practitioners kept by the Supreme Court" and
substituting "from an Australian roll within the
meaning of the Legal Profession Act 2007".
Council of Law Reporting Act 1990
1. Section 5(1) is amended as follows:
(a) by omitting from paragraph (c) "a
barrister or legal practitioner within the
meaning of the Legal Profession Act
1993" and substituting "an Australian
lawyer";
(b) by omitting from paragraph (d) "a
barrister or legal practitioner within the
meaning of the Legal Profession Act
17
Legal Profession (Miscellaneous and Consequential
Amendments) Act 2007
Act No. of
sch. 1
1993" and substituting "an Australian
lawyer".
2. Clause 6 of Schedule 1 is amended as follows:
(a) by omitting from paragraph (b) "a
barrister or legal practitioner within the
meaning of the Legal Profession Act
1993" and substituting "an Australian
lawyer";
(b) by omitting from paragraph (c) "a
barrister or legal practitioner within the
meaning of the Legal Profession Act
1993" and substituting "an Australian
lawyer".
Crime (Confiscation of Profits) Act 1993
1. Section 4(1) is amended by omitting "a legal
practitioner or barrister within the meaning of
the Legal Profession Act 1993" from paragraph
(a) of the definition of "authorized officer" and
substituting "an Australian legal practitioner".
2. Section 57 is amended as follows:
(a) by omitting from subsection (2)(c) "a
barrister or solicitor" and substituting "an
Australian legal practitioner";
18
Legal Profession (Miscellaneous and Consequential Amendments)
Act 2007
Act No. of
sch. 1
(b) by omitting from subsection (3)(a)(iii) "a
barrister or solicitor" and substituting "an
Australian legal practitioner".
Criminal Code Act 1924
1. Schedule 1 is amended as follows:
(a) by omitting from section 254(1)
"solicitor" and substituting "Australian
legal practitioner";
(b) by omitting from section 348(13)(b)
"legal practitioner" and substituting
"Australian legal practitioner";
(c) by omitting from section 368A(5)
"solicitor" and substituting "Australian
legal practitioner";
(d) by omitting from section 388AA(6)(b) "a
legal practitioner" and substituting "an
Australian legal practitioner";
(e) by omitting from section 388A(8)
"barrister" and substituting "Australian
legal practitioner".
Criminal Justice (Mental Impairment) Act 1999
1. Section 39B(3)(b) is amended by omitting "legal
practitioner" and substituting "Australian legal
practitioner".
19
Legal Profession (Miscellaneous and Consequential
Amendments) Act 2007
Act No. of
sch. 1
Criminal Law (Detention and Interrogation) Act 1995
1. Section 3(1) is amended by omitting the
definition of "legal practitioner" and substituting
the following definition:
"legal practitioner" means an Australian
legal practitioner;
Crown Lands (Shack Sites) Act 1997
1. Clause 2(3) of Schedule 2 is amended by
omitting "a legal practitioner" and substituting
"an Australian legal practitioner".
Crown Proceedings Act 1993
1. Section 4 is amended by omitting "a legal
practitioner within the meaning of the Legal
Profession Act 1993" from the definition of
"practitioner" and substituting "an Australian
legal practitioner".
Debtors Act 1870
1. Section 3(d) is amended by omitting "attorney or
solicitor" and substituting "Australian legal
practitioner".
20
Legal Profession (Miscellaneous and Consequential Amendments)
Act 2007
Act No. of
sch. 1
Dental Practitioners Registration Act 2001
1. Clause 6 of Schedule 3 is amended as follows:
(a) by omitting from subclause (1) "a legal
practitioner" and substituting "an
Australian legal practitioner";
(b) by omitting from subclause (2) "a legal
practitioner" and substituting "an
Australian legal practitioner";
(c) by omitting from subclause (3) "a legal
practitioner" and substituting "an
Australian legal practitioner";
(d) by omitting from subclause (4) "a legal
practitioner" and substituting "an
Australian legal practitioner".
Dental Prosthetists Registration Act 1996
1. Clause 6 of Schedule 3 is amended as follows:
(a) by omitting from subclause (1) "a legal
practitioner" and substituting "an
Australian legal practitioner";
(b) by omitting from subclause (2) "a legal
practitioner" and substituting "an
Australian legal practitioner";
21
Legal Profession (Miscellaneous and Consequential
Amendments) Act 2007
Act No. of
sch. 1
(c) by omitting from subclause (3) "a legal
practitioner" and substituting "an
Australian legal practitioner".
Director of Public Prosecutions Act 1973
1. Section 2 is amended by omitting "a legal
practitioner within the meaning of the Legal
Profession Act 1993" from the definition of
"practitioner" and substituting "an Australian
legal practitioner".
2. Section 4 is amended by omitting subsection (2)
and substituting the following subsection:
(2) A person is not eligible for appointment
as Director unless he or she is an
Australian lawyer of not less than 7
years' standing as a practitioner.
3. Section 12(1)(c) is amended by omitting
"solicitor" and substituting "practitioner".
Disability Services Act 1992
1. Section 9(1) is amended by omitting paragraph
(a) and substituting the following paragraph:
(a) an Australian lawyer; and
22
Legal Profession (Miscellaneous and Consequential Amendments)
Act 2007
Act No. of
sch. 1
Environmental Management and Pollution Control Act 1994
1. Schedule 5A is amended by omitting "a legal
practitioner, barrister, solicitor or barrister and
solicitor of the High Court or the Supreme Court
of a State" from clause 13(1)(b) of Part 3 and
substituting "an Australian legal practitioner".
Evidence (Audio and Audio Visual Links) Act 1999
1. Section 10 is repealed and the following section
is substituted:
10. Counsel entitled to practise
A person who is entitled to practise as an
Australian legal practitioner in a
participating State is entitled to practise
as an Australian legal practitioner
(a) in relation to the examination in
chief, cross-examination or re-
examination of a witness in the
participating State whose
evidence is being given by audio
link or audio visual link in a
proceeding before a Tasmanian
court; and
(b) in relation to the making of
submissions by audio link or
audio visual link from the
participating State in a
23
Legal Profession (Miscellaneous and Consequential
Amendments) Act 2007
Act No. of
sch. 1
proceeding before a Tasmanian
court.
2. Section 16(2) is amended by omitting "a legal
practitioner" twice occurring and substituting
"an Australian legal practitioner".
3. Section 19 is amended as follows:
(a) by omitting from paragraph (a)(i) "a
legal practitioner" and substituting "an
Australian legal practitioner";
(b) by omitting from paragraph (b)(iii) "a
legal practitioner" and substituting "an
Australian legal practitioner".
Evidence Act 2001
1. Section 3(1) is amended by omitting "a legal
practitioner within the meaning of the Legal
Profession Act 1993" from the definition of
"lawyer" and substituting "an Australian legal
practitioner".
Family Violence Act 2004
1. Section 31 is amended as follows:
24
Legal Profession (Miscellaneous and Consequential Amendments)
Act 2007
Act No. of
sch. 1
(a) by omitting from subsection (2)(b) "a
legal practitioner" and substituting "an
Australian legal practitioner";
(b) by omitting from subsection (3) "a legal
practitioner" and substituting "an
Australian legal practitioner".
Fire Damage Relief Act 1967
1. Section 2 is amended by inserting after the
definition of "fires" the following definition:
"legal practitioner" means an Australian
legal practitioner;
2. Section 14(5)(b) is amended by omitting
"solicitor" and substituting "legal practitioner".
Forensic Procedures Act 2000
1. Section 16(3) is amended by omitting "a legal
practitioner" and substituting "an Australian
legal practitioner".
2. Section 33(1)(a) is amended by omitting "a legal
practitioner" and substituting "an Australian
legal practitioner".
25
Legal Profession (Miscellaneous and Consequential
Amendments) Act 2007
Act No. of
sch. 1
Forest Practices Act 1985
1. Section 34(2)(a) is amended as follows:
(a) by omitting "of barristers or legal
practitioners" and substituting "of
Australian lawyers";
(b) by omitting "as barristers or legal
practitioners" and substituting "as
Australian legal practitioners".
2. Section 37(8) is amended by omitting "a
barrister or a legal practitioner" and substituting
"an Australian legal practitioner".
Freedom of Information Act 1991
1. Section 5(1) is amended by omitting "Legal
Profession Act 1993" from paragraph (f) of the
definition of "prescribed authority" and
substituting "Legal Profession Act 2007".
2. Section 29(2) is amended by omitting "a lawyer"
and substituting "an Australian legal
practitioner".
3. Section 32B is repealed and the following
section is substituted:
26
Legal Profession (Miscellaneous and Consequential Amendments)
Act 2007
Act No. of
sch. 1
32B. Information relating to Law Society
(1) Before the commencement of Chapter 5
of the Legal Profession Act 2007,
without limiting the application of any
other exemption under this Act,
information contained in records in the
possession of the Law Society is exempt
information unless it relates to the
performance and exercise of the
functions and powers under Parts 8 and 9
of the Legal Profession Act 1993.
(2) After the commencement of Chapter 5 of
the Legal Profession Act 2007, without
limiting the application of any other
exemption under this Act, information
contained in records in the possession of
the Law Society is exempt information
unless it relates to the performance and
exercise of functions and powers of the
Law Society as a prescribed authority
under Part 3.2 of Chapter 3 and Chapter
5 of that Act.
(3) For the purposes of this section, "Law
Society" means the Law Society of
Tasmania established under the Law
Society Act 1962 and continued as a body
corporate under the Legal Profession Act
2007.
27
Legal Profession (Miscellaneous and Consequential
Amendments) Act 2007
Act No. of
sch. 1
Girl Guides' Association Act 1957
1. Section 9(3) is amended by omitting "a barrister
or solicitor" and substituting "an Australian legal
practitioner".
Guardianship and Administration Act 1995
1. Section 7(2)(a) is amended by omitting "a
qualified legal practitioner of not less than 7
years' standing" and substituting "an Australian
lawyer of not less than 7 years' standing as an
Australian legal practitioner".
2. Section 10 is amended by omitting "a duly
qualified legal" and substituting "an Australian
legal practitioner".
3. Section 81A(4) is amended by omitting "a legal
practitioner" and substituting "an Australian
legal practitioner".
Hospitals Act 1918
1. Section 70H(2)(a) is amended by omitting "a
legal practitioner" and substituting "an
Australian legal practitioner".
28
Legal Profession (Miscellaneous and Consequential Amendments)
Act 2007
Act No. of
sch. 1
Industrial Relations Act 1984
1. Section 5(4)(b)(i) is amended by omitting "a
barrister or solicitor of the High Court, or of the
Supreme Court of a State or Territory of the
Commonwealth" and substituting "an Australian
legal practitioner".
2. Section 28 is amended as follows:
(a) by omitting paragraph (b) from
subsection (5) and substituting the
following paragraph:
(b) an interstate legal practitioner and
an Australian-registered foreign
lawyer.
(b) by omitting subsection (7) and
substituting the following subsection:
(7) In this section
"Australian-registered
foreign lawyer" means
an Australian-registered
foreign lawyer within the
meaning of the Legal
Profession Act 2007;
"barrister" means a barrister
within the meaning of the
Legal Profession Act
2007;
29
Legal Profession (Miscellaneous and Consequential
Amendments) Act 2007
Act No. of
sch. 1
"interstate legal
practitioner" means an
interstate legal
practitioner within the
meaning of the Legal
Profession Act 2007;
"practitioner" means an
Australian legal
practitioner.
Juries Act 2003
1. Section 31 is amended as follows:
(a) by omitting from subsection (3) "legal
practitioner" and substituting "Australian
legal practitioner";
(b) by omitting from subsection (4) "legal
practitioner" and substituting "Australian
legal practitioner".
2. Section 58(4)(b) is amended by omitting "a legal
practitioner" and substituting "an Australian
legal practitioner".
3. Schedule 2 is amended by omitting item 3 and
substituting the following item:
3. An Australian legal practitioner.
30
Legal Profession (Miscellaneous and Consequential Amendments)
Act 2007
Act No. of
sch. 1
Jurisdiction of Courts (Cross-vesting) Act 1987
1. Section 5(8) is amended by omitting "a barrister
or a solicitor, or as both a barrister and a
solicitor," and substituting "an Australian legal
practitioner".
Justices Act 1959
1. Section 47(12)(b) is amended by omitting "legal
practitioner" and substituting "Australian legal
practitioner".
2. Section 106E(1A)(b) is amended by omitting "a
legal practitioner" and substituting "an
Australian legal practitioner".
3. Section 130 is amended as follows:
(a) by omitting from subsection (1)
"attorney or solicitor" and substituting
"Australian legal practitioner";
(b) by omitting from subsection (3)
"attorney or solicitor" twice occurring
and substituting "Australian legal
practitioner".
4. Section 134 is amended as follows:
31
Legal Profession (Miscellaneous and Consequential
Amendments) Act 2007
Act No. of
sch. 1
(a) by omitting from subsection (1)(b)
"solicitor" and substituting "Australian
legal practitioner";
(b) by omitting from subsection (2)
"solicitor" and substituting "Australian
legal practitioner".
Land Acquisition Act 1993
1. Section 3(1) is amended as follows:
(a) by inserting the following definition after
the definition of "lease":
"legal practitioner" means an
Australian legal practitioner;
(b) by omitting the definition of "solicitor".
2. Section 18(3)(c) is amended by omitting
"solicitor" and substituting "legal practitioner".
3. Section 48(2) is amended by omitting "solicitor"
and substituting "legal practitioner".
4. Section 60(3) is amended by omitting "solicitor"
and substituting "legal practitioner".
32
Legal Profession (Miscellaneous and Consequential Amendments)
Act 2007
Act No. of
sch. 1
5. Section 81(2)(b) is amended as follows:
(a) by omitting from subparagraph (ii)
"solicitor" and substituting "legal
practitioner";
(b) by omitting from subparagraph (iii)
"solicitor" and substituting "legal
practitioner".
Land Titles Act 1980
1. Section 3(1) is amended by omitting the
definition of "legal practitioner" and substituting
the following definition:
"legal practitioner" means an Australian
legal practitioner;
2. Section 4(2) is amended by omitting paragraph
(b) and substituting the following paragraph:
(b) an Australian lawyer who has been a
legal practitioner for at least 5 years.
3. Section 17 is amended as follows:
(a) by omitting from subsection (1)(c)
"solicitor" and substituting "legal
practitioner";
33
Legal Profession (Miscellaneous and Consequential
Amendments) Act 2007
Act No. of
sch. 1
(b) by omitting from subsection (1A)(a)
"solicitor" and substituting "legal
practitioner".
4. Section 28 is amended as follows:
(a) by omitting from subsection (12)
"solicitor" and substituting "legal
practitioner";
(b) by omitting from subsection (13)(a)
"solicitor" and substituting "legal
practitioner".
5. Section 32(2)(b) is amended by omitting "a
solicitor" and substituting "a legal practitioner".
6. Section 50(15) is amended by omitting
"solicitor" twice occurring and substituting
"legal practitioner".
7. Section 52(1)(d) is amended by omitting
"solicitor" and substituting "legal practitioner".
8. Section 129(4)(b) is amended by omitting
"solicitor" and substituting "legal practitioner".
34
Legal Profession (Miscellaneous and Consequential Amendments)
Act 2007
Act No. of
sch. 1
9. Section 133 is amended as follows:
(a) by omitting from subsection (2)
"solicitor" and substituting "legal
practitioner";
(b) by omitting from subsection (4)
"solicitor" and substituting "legal
practitioner";
(c) by omitting from subsection (5)(a)(ii)
"solicitor" and substituting "legal
practitioner";
(d) by omitting from subsection (5)(h)
"solicitor" and substituting "legal
practitioner";
(e) by omitting from subsection (6)
"solicitor" twice occurring and
substituting "legal practitioner".
10. Section 170(2)(b) is amended by omitting
"solicitor" and substituting "legal practitioner".
Landlord and Tenant Act 1935
1. Section 46 is amended as follows:
(a) by omitting from subsection (1)
"solicitor" and substituting "Australian
legal practitioner";
35
Legal Profession (Miscellaneous and Consequential
Amendments) Act 2007
Act No. of
sch. 1
(b) by omitting from subsection (2) "a legal
practitioner" and substituting "an
Australian legal practitioner".
Legal Aid Commission Act 1990
1. Section 3 is amended as follows:
(a) by omitting "Legal Profession Act 1993"
from the definition of "Law Society" and
substituting "Legal Profession Act
2007";
(b) by omitting "a legal practitioner within
the meaning of the Legal Profession Act
1993" from the definition of "legal
practitioner" and substituting "an
Australian legal practitioner".
2. Section 24(4)(a)(i) is amended by omitting
"Legal Profession Act 1993" and substituting
"Legal Profession Act 2007".
Local Government (Building and Miscellaneous Provisions)
Act 1993
1. Section 3(1) is amended by inserting after the
definition of "inhabit" the following definition:
"legal practitioner" means an Australian
legal practitioner;
36
Legal Profession (Miscellaneous and Consequential Amendments)
Act 2007
Act No. of
sch. 1
2. Section 104(2)(b) is amended by omitting
"barristers, solicitors" and substituting "legal
practitioners".
Local Government (General) Regulations 2005
1. Regulation 22R(a) is amended by omitting "a
legal practitioner" and substituting "an
Australian legal practitioner".
Local Government (Highways) Act 1982
1. Section 60(11)(b) is amended by omitting "a
solicitor" and substituting "an Australian
lawyer".
Local Government Act 1993
1. Section 3 is amended by inserting after the
definition of "joint authority" the following
definition:
"legal practitioner" means an Australian
legal practitioner;
2. Section 28H(2)(b) is amended by omitting "a
legal practitioner" and substituting "an
Australian lawyer".
37
Legal Profession (Miscellaneous and Consequential
Amendments) Act 2007
Act No. of
sch. 1
3. Section 32 is amended as follows:
(a) by omitting from subsection (2)
"qualified";
(b) by omitting from subsection (3)(a)
"qualified".
Long Service Leave (State Employees) Act 1994
1. Section 23 is amended as follows:
(a) by omitting from subsection (1)
"barrister or";
(b) by omitting from subsection (2)
"barrister or" twice occurring;
(c) by omitting the definition of "barrister"
from subsection (3);
(d) by omitting "a legal practitioner within
the meaning of the Legal Profession Act
1993" from the definition of
"practitioner" in subsection (3) and
substituting "an Australian legal
practitioner".
Long Service Leave Act 1976
1. Section 14A is amended as follows:
(a) by omitting from subsection (1)
"barrister or";
38
Legal Profession (Miscellaneous and Consequential Amendments)
Act 2007
Act No. of
sch. 1
(b) by omitting from subsection (2)
"barrister or";
(c) by omitting from subsection (2)
"barristers or";
(d) by omitting the definition of "barrister"
from subsection (3);
(e) by omitting "a legal practitioner within
the meaning of the Legal Profession Act
1993" from the definition of
"practitioner" in subsection (3) and
substituting "an Australian legal
practitioner".
Magistrates Court (Administrative Appeals Division) Act
2001
1. Section 3(1) is amended by omitting the
definition of "legal practitioner" and substituting
the following definition:
"legal practitioner" means an Australian
legal practitioner;
Magistrates Court (Children's Division) Act 1998
1. Section 3 is amended by inserting after the
definition of "guardian" the following definition:
"legal practitioner" means an Australian
legal practitioner;
39
Legal Profession (Miscellaneous and Consequential
Amendments) Act 2007
Act No. of
sch. 1
2. Section 14(3) is amended by omitting "Legal
Profession Act 1993" and substituting "Legal
Profession Act 2007".
Magistrates Court (Civil Division) Act 1992
1. Section 3 is amended as follows:
(a) by inserting the following definition after
the definition of "district":
"law practice" has the same meaning
as in the Legal Profession Act
2007;
(b) by omitting "a legal practitioner within
the meaning of the Legal Profession Act
1993" from the definition of
"practitioner" and substituting "an
Australian legal practitioner".
2. Section 11(1) is amended by omitting
"solicitors" and substituting "practitioners".
3. Section 36(3) is amended by omitting "Part 6
and Part 7 of the Legal Profession Act 1993" and
substituting "the Legal Profession Act 2007".
40
Legal Profession (Miscellaneous and Consequential Amendments)
Act 2007
Act No. of
sch. 1
Magistrates Court Act 1987
1. Section 8(1) is amended by omitting "a legal
practitioner within the meaning of the Legal
Profession Act 1993 of not less than 5 years'
standing" and substituting "an Australian lawyer
of not less than 5 years' standing as an
Australian legal practitioner".
2. Section 12(a) is amended by omitting "a
practitioner or barrister of the Supreme Court"
and substituting "an Australian legal
practitioner".
Marine Farming Planning Act 1995
1. Section 49(2)(a) is amended by omitting "a
qualified legal practitioner" and substituting "an
Australian legal practitioner".
Marine Safety (Misuse of Alcohol) Act 2006
1. Section 34(6) is amended by omitting "a legal
practitioner" and substituting "an Australian
legal practitioner".
2. Section 35 is amended as follows:
41
Legal Profession (Miscellaneous and Consequential
Amendments) Act 2007
Act No. of
sch. 1
(a) by omitting from subsection (3)(b) "a
legal practitioner" and substituting "an
Australian legal practitioner";
(b) by omitting from subsection (6)(b)(i)
"legal practitioner" and substituting
"Australian legal practitioner".
Medical Practitioners Registration Act 1996
1. Section 3(1) is amended by omitting the
definition of "legal practitioner" and substituting
the following definition:
"legal practitioner" means an Australian
legal practitioner;
2. Section 6(1) is amended as follows:
(a) by omitting from paragraph (b) "legal
practitioner" and substituting "Australian
lawyer";
(b) by omitting from paragraph (c) "legal
practitioner" and substituting "Australian
lawyer".
3. Clause 4 of Schedule 1 is amended as follows:
(a) by omitting from subclause (5) "a legal
practitioner" and substituting "an
Australian lawyer";
42
Legal Profession (Miscellaneous and Consequential Amendments)
Act 2007
Act No. of
sch. 1
(b) by omitting from subclause (6) "legal
practitioner" and substituting "Australian
lawyer".
Medical Radiation Science Professionals Registration Act
2000
1. Clause 6 of Schedule 3 is amended as follows:
(a) by omitting from subclause (1) "a legal
practitioner" and substituting "an
Australian legal practitioner";
(b) by omitting from subclause (2) "a legal
practitioner" and substituting "an
Australian legal practitioner";
(c) by omitting from subclause (3) "a legal
practitioner" and substituting "an
Australian legal practitioner";
(d) by omitting from subclause (4) "a legal
practitioner" and substituting "an
Australian legal practitioner".
Mental Health Act 1996
1. Section 3 is amended by omitting the definition
of "legal practitioner" and substituting the
following definition:
"legal practitioner" means an Australian
legal practitioner;
43
Legal Profession (Miscellaneous and Consequential
Amendments) Act 2007
Act No. of
sch. 1
2. Section 48(2)(a) is amended by omitting "a
qualified legal practitioner of not less than 7
years' standing" and substituting "an Australian
lawyer of not less than 7 years' standing as a
legal practitioner".
3. Section 73(1) is amended by omitting ", barrister
or solicitor" from paragraph (c) of the definition
of "exempt correspondent".
Mineral Resources Development Act 1995
1. Section 131(4)(b) is amended by omitting "a
legal practitioner" and substituting "an
Australian legal practitioner".
Notaries Public Act 1990
1. Section 5(1) is amended as follows:
(a) by omitting paragraph (a) and
substituting the following paragraph:
(a) is an Australian legal practitioner
of not less than 5 years' standing;
and
(b) by omitting "a barrister or solicitor" third
occurring and substituting "an Australian
legal practitioner".
44
Legal Profession (Miscellaneous and Consequential Amendments)
Act 2007
Act No. of
sch. 1
2. Section 7(4) is amended by omitting "legal
practitioners or barristers kept under the Legal
Profession Act 1993" and substituting "local
lawyers, kept under the Legal Profession Act
2007 or barristers".
3. Section 11(2)(b) is amended by omitting "a
barrister or solicitor" and substituting "an
Australian legal practitioner".
Nursing Act 1995
1. Section 3(1) is amended by omitting the
definition of "legal practitioner" and substituting
the following definition:
"legal practitioner" means an Australian
legal practitioner;
Optometrists Registration Act 1994
1. Section 3(1) is amended by omitting "a legal
practitioner within the meaning of the Legal
Profession Act 1993" from the definition of
"legal practitioner" and substituting "an
Australian legal practitioner".
Pharmacists Registration Act 2001
1. Clause 6 of Schedule 3 is amended as follows:
45
Legal Profession (Miscellaneous and Consequential
Amendments) Act 2007
Act No. of
sch. 1
(a) by omitting from subclause (1) "a legal
practitioner" and substituting "an
Australian legal practitioner";
(b) by omitting from subclause (2) "a legal
practitioner" and substituting "an
Australian legal practitioner";
(c) by omitting from subclause (3) "a legal
practitioner" and substituting "an
Australian legal practitioner";
(d) by omitting from subclause (4) "a legal
practitioner" and substituting "an
Australian legal practitioner".
Physiotherapists Registration Act 1999
1. Clause 6 of Schedule 3 is amended as follows:
(a) by omitting from subclause (1) "a legal
practitioner" and substituting "an
Australian legal practitioner";
(b) by omitting from subclause (2) "a legal
practitioner" and substituting "an
Australian legal practitioner";
(c) by omitting from subclause (3) "a legal
practitioner" and substituting "an
Australian legal practitioner";
(d) by omitting from subclause (4) "a legal
practitioner" and substituting "an
Australian legal practitioner".
46
Legal Profession (Miscellaneous and Consequential Amendments)
Act 2007
Act No. of
sch. 1
Plomley Trusts Act 1984
1. Section 5(4)(a) is amended by omitting
"solicitors" and substituting "Australian legal
practitioners".
Podiatrists Registration Act 1995
1. Section 3(1) is amended by omitting "a legal
practitioner within the meaning of the Legal
Profession Act 1993" from the definition of
"legal practitioner" and substituting "an
Australian legal practitioner".
Police Powers (Surveillance Devices) Act 2006
1. Section 9(6)(c) is amended by omitting "a
lawyer" and substituting "an Australian legal
practitioner".
2. Section 17(6)(c) is amended by omitting "a
lawyer" and substituting "an Australian legal
practitioner".
3. Section 25(5)(c) is amended by omitting "a
lawyer" and substituting "an Australian legal
practitioner".
47
Legal Profession (Miscellaneous and Consequential
Amendments) Act 2007
Act No. of
sch. 1
Police Service Act 2003
1. Section 3 is amended by omitting "a legal
practitioner as defined in the Legal Profession
Act 1993" from the definition of "legal
practitioner" and substituting "an Australian
legal practitioner".
Powers of Attorney Act 2000
1. Section 44 is amended by inserting after
subsection (3) the following subsection:
(4) For the purpose of this section
"legal practitioner" means an
Australian lawyer or, in the case
of execution or registration of a
power of attorney outside
Australia, a legal practitioner of
that place of execution or
registration.
Prisoners (Interstate Transfer) Act 1982
1. Section 12(3)(a) is amended by omitting "a legal
practitioner" and substituting "an Australian
legal practitioner".
48
Legal Profession (Miscellaneous and Consequential Amendments)
Act 2007
Act No. of
sch. 1
2. Section 14(2) is amended by omitting "a legal
practitioner" and substituting "an Australian
legal practitioner".
Professional Standards Act 2005
1. Section 5(1)(b) is amended by omitting "a legal
practitioner" and substituting "an Australian
legal practitioner".
Property Agents and Land Transactions Act 2005
1. Section 3(1) is amended by inserting after the
definition of "Guarantee Fund" the following
definition:
"legal practitioner" means an Australian
legal practitioner;
2. Section 4(3)(d) is amended by omitting "in
respect of whom a practising certificate is in
force under section 51 of the Legal Profession
Act 1993".
Property Agents and Land Transactions Regulations 2006
1. Regulation 3(1) is amended by omitting the
definition of "legal practitioner".
49
Legal Profession (Miscellaneous and Consequential
Amendments) Act 2007
Act No. of
sch. 1
Psychologists Registration Act 2000
1. Section 3 is amended by omitting "a person who
is a legal practitioner within the meaning of the
Legal Profession Act 1993" from the definition
of "legal practitioner" and substituting "an
Australian legal practitioner".
Public Trustee Act 1930
1. Section 36(2) is amended by omitting "solicitor"
and substituting "Australian legal practitioner".
2. Section 55 is amended as follows:
(a) by omitting "a solicitor" and substituting
"an Australian legal practitioner";
(b) by omitting "counsel or solicitor" and
substituting "an Australian legal
practitioner".
3. Section 59(a) is amended by omitting "a
solicitor" and substituting "an Australian legal
practitioner".
4. Section 71(3) is amended by omitting "solicitor"
twice occurring and substituting "Australian
legal practitioner".
50
Legal Profession (Miscellaneous and Consequential Amendments)
Act 2007
Act No. of
sch. 1
Public Trustee Regulations 1999
1. Part 5 of Schedule 1 is amended as follows:
(a) by omitting from clause 1(a) "a solicitor"
and substituting "an Australian lawyer or
Australian legal practitioner";
(b) by omitting from clause 2 "a solicitor"
and substituting "an Australian lawyer or
Australian legal practitioner".
Public Trusts Act 1882
1. Section 5 is amended by omitting "a solicitor"
and substituting "an Australian legal
practitioner".
Racing Regulation Act 2004
1. Section 3 is amended by inserting after the
definition of "greyhound race" the following
definition:
"independent legal practitioner" means the
person for the time being appointed to
the office referred to in section 20;
2. Section 19 is amended as follows:
51
Legal Profession (Miscellaneous and Consequential
Amendments) Act 2007
Act No. of
sch. 1
(a) by omitting from subsection (1)(b)
"independent lawyer" and substituting
"independent legal practitioner";
(b) by omitting from subsection (2)(b)
"independent lawyer" and substituting
"independent legal practitioner";
(c) by omitting from subsection (3)(b)
"independent lawyer" and substituting
"independent legal practitioner".
3. Section 20 is amended as follows:
(a) by omitting from subsection (1)(a) "legal
practitioner" and substituting "Australian
legal practitioner";
(b) by omitting from subsection (1)(a)
"independent lawyer" and substituting
"independent legal practitioner";
(c) by omitting from subsection (1)(b) "legal
practitioner" and substituting "Australian
legal practitioner";
(d) by omitting from subsection (2)
"independent lawyer" and substituting
"independent legal practitioner";
(e) by omitting from subsection (2)
"independent lawyer's" and substituting
"independent legal practitioner's";
52
Legal Profession (Miscellaneous and Consequential Amendments)
Act 2007
Act No. of
sch. 1
(f) by omitting from subsection (3)
"independent lawyer" and substituting
"independent legal practitioner";
(g) by omitting from subsection (3)
"independent lawyer's" and substituting
"independent legal practitioner's";
(h) by omitting from subsection (4)
"independent lawyer" twice occurring
and substituting "independent legal
practitioner";
(i) by omitting from subsection (4)
"independent lawyer's" and substituting
"independent legal practitioner's".
4. Section 23(3) is amended by omitting "legal
practitioners" and substituting "Australian legal
practitioners".
5. Section 30 is amended as follows:
(a) by omitting from subsection (9) "a legal
practitioner" and substituting "an
Australian legal practitioner";
(b) by omitting from subsection (10) "a legal
practitioner" and substituting "an
Australian legal practitioner".
6. Section 32(2) is amended as follows:
53
Legal Profession (Miscellaneous and Consequential
Amendments) Act 2007
Act No. of
sch. 1
(a) by omitting "A legal practitioner" and
substituting "An Australian legal
practitioner";
(b) by omitting "a barrister" and substituting
"an Australian legal practitioner".
7. Schedule 3 is amended as follows:
(a) by omitting the definition of
"independent lawyer" from clause 1 of
Part 1;
(b) by omitting from clause 1 of Part 3
"independent lawyer" and substituting
"independent legal practitioner";
(c) by omitting from clause 1 of Part 3
"independent lawyer's" and substituting
"independent legal practitioner's";
(d) by omitting from clause 2(1) of Part 3
"independent lawyer" and substituting
"independent legal practitioner";
(e) by omitting from clause 2(1)(c) of Part 3
"barristers or legal practitioners" and
substituting "local lawyers";
(f) by omitting from clause 2(2) of Part 3
"independent lawyer" first occurring and
substituting "independent legal
practitioner";
54
Legal Profession (Miscellaneous and Consequential Amendments)
Act 2007
Act No. of
sch. 1
(g) by omitting from clause 2(2)(a) of Part 3
"independent lawyer" and substituting
"independent legal practitioner";
(h) by omitting from clause 2(2)(b) of Part 3
"independent lawyer" and substituting
"independent legal practitioner";
(i) by omitting from clause 2(2)(c) of Part 3
"independent lawyer" and substituting
"independent legal practitioner";
(j) by omitting from clause 2(2)(d) of Part 3
"independent lawyer" and substituting
"independent legal practitioner";
(k) by omitting from clause 2(2)(e) of Part 3
"independent lawyer's" and substituting
"independent legal practitioner's";
(l) by omitting from clause 2(2)(e) of Part 3
"legal practitioner" and substituting
"local lawyer";
(m) by omitting from clause 2(2)(f) of Part 3
"independent lawyer" and substituting
"independent legal practitioner";
(n) by omitting from clause 2(2)(g) of Part 3
"independent lawyer" and substituting
"independent legal practitioner";
(o) by omitting from clause 2(3)(a) of Part 3
"independent lawyer" and substituting
"independent legal practitioner";
55
Legal Profession (Miscellaneous and Consequential
Amendments) Act 2007
Act No. of
sch. 1
(p) by omitting from clause 2(3)(b) of Part 3
"independent lawyer's" and substituting
"independent legal practitioner's";
(q) by omitting from clause 2(3)(b) of Part 3
"independent lawyer" and substituting
"independent legal practitioner";
(r) by omitting from clause 2(4) of Part 3
"independent lawyer" and substituting
"independent legal practitioner";
(s) by omitting the definition of
"independent lawyer" from clause 2(5) of
Part 3 and substituting the following
definition:
"independent legal practitioner"
includes the independent legal
practitioner's deputy.
8. Clause 2 of Schedule 4 is amended as follows:
(a) by omitting from subclause (1) "a legal
practitioner" and substituting "an
Australian legal practitioner";
(b) by omitting from subclause (2) "a legal
practitioner" and substituting "an
Australian legal practitioner";
(c) by omitting from subclause (3) "a legal
practitioner" and substituting "an
Australian legal practitioner";
56
Legal Profession (Miscellaneous and Consequential Amendments)
Act 2007
Act No. of
sch. 1
(d) by omitting from subclause (4) "A legal
practitioner" and substituting "An
Australian legal practitioner";
(e) by omitting from subclause (4) "a
barrister" and substituting "an Australian
legal practitioner".
Records of Offences (Access) Act 1981
1. Section 6(5) is amended by omitting "a legal
practitioner" and substituting "an Australian
legal practitioner".
Registration of Deeds Act 1935
1. Section 12(1)(a)(ii) is amended by omitting
"legal practitioner" and substituting "Australian
legal practitioner".
2. Section 14(3)(b) is amended by omitting
"solicitor" and substituting "Australian legal
practitioner".
3. Section 41(1) is amended by omitting "legal
practitioner" and substituting "Australian legal
practitioner".
57
Legal Profession (Miscellaneous and Consequential
Amendments) Act 2007
Act No. of
sch. 1
Relationships Act 2003
1. Section 3 is amended as follows:
(a) by omitting "Legal Profession Act 1993"
from the definition of "corresponding
law" and substituting "Legal Profession
Act 2007";
(b) by omitting the definition of "legal
practitioner" and substituting the
following definition:
"legal practitioner" means an
Australian legal practitioner;
Resource Management and Planning Appeal Tribunal Act
1993
1. Section 6 is amended as follows:
(a) by omitting from paragraph (a) "a
barrister or legal practitioner, within the
meaning of the Legal Profession Act
1993," and substituting "an Australian
legal practitioner";
(b) by omitting from paragraph (a) "5 years"
and substituting "5 years'";
(c) by omitting from paragraph (ab) "a
barrister or legal practitioner, within the
meaning of the Legal Profession Act
58
Legal Profession (Miscellaneous and Consequential Amendments)
Act 2007
Act No. of
sch. 1
1993," and substituting "an Australian
legal practitioner".
2. Section 15(1) is amended by omitting "enrolled
as a barrister, solicitor, barrister and solicitor or
legal practitioner of the High Court or the
Supreme Court of a State" and substituting "an
Australian lawyer or an Australian legal
practitioner".
Resource Planning and Development Commission Act 1997
1. Section 11A(1) is amended by omitting "a
barrister, solicitor, barrister and solicitor or legal
practitioner of the High Court or the Supreme
Court of a State" and substituting "an Australian
lawyer or an Australian legal practitioner".
Retirement Villages Act 2004
1. Schedule 1 is amended by omitting
The contract must include a statement that it has been
recommended that, before the contract is signed, the
prospective resident should obtain advice from a solicitor or
other independent source.
and substituting:
59
Legal Profession (Miscellaneous and Consequential
Amendments) Act 2007
Act No. of
sch. 1
The contract must include a statement that it has been
recommended that, before the contract is signed, the
prospective resident should obtain advice from an Australian
legal practitioner or other independent source.
2. Schedule 2 is amended by omitting "A
SOLICITOR" from item 3 and substituting "AN
AUSTRALIAN LEGAL PRACTITIONER".
3. Schedule 3 is amended by omitting
Have I sought advice on the documents relating to the village
from a solicitor, the Legal Aid Commission or some other
appropriate source?
and substituting:
Have I sought advice on the documents relating to the village
from an Australian legal practitioner, the Legal Aid
Commission or some other appropriate source?
Road Safety (Alcohol and Drugs) Act 1970
1. Section 13A(5) is amended by omitting "a
solicitor" and substituting "an Australian legal
practitioner".
2. Section 13B is amended as follows:
60
Legal Profession (Miscellaneous and Consequential Amendments)
Act 2007
Act No. of
sch. 1
(a) by omitting from subsection (1) "a legal
practitioner" and substituting "an
Australian legal practitioner";
(b) by omitting from subsection (2)(b) "a
legal practitioner" and substituting "an
Australian legal practitioner";
(c) by omitting from subsection (2)(b) "the
legal practitioner" and substituting "the
Australian legal practitioner".
Sale of Goods (Vienna Convention) Act 1987
1. Section 7 is amended by omitting subsection (2)
and substituting the following subsection:
(2) In this section
"legal practitioner" means an
Australian legal practitioner.
Security and Investigations Agents Act 2002
1. Section 41(1)(c) is amended by omitting "a legal
practitioner" twice occurring and substituting
"an Australian legal practitioner".
61
Legal Profession (Miscellaneous and Consequential
Amendments) Act 2007
Act No. of
sch. 1
Security-sensitive Dangerous Substances Act 2005
1. Section 75(2)(b) is amended by omitting "legal
practitioner" and substituting "Australian legal
practitioner".
Sentencing Act 1997
1. Section 75(6)(b) is amended by omitting "legal
practitioner" and substituting "Australian legal
practitioner".
2. Section 87(3)(b) is amended by omitting "legal
practitioner" and substituting "Australian legal
practitioner".
Settled Land Act 1884
1. Section 42(1) is amended by omitting "solicitor"
three times occurring and substituting
"Australian legal practitioner".
Solicitor-General Act 1983
1. Section 3(1) is amended as follows:
(a) by omitting the definition of "barrister"
and substituting the following definition:
62
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sch. 1
"barrister" means a barrister within
the meaning of the Legal
Profession Act 2007;
(b) by omitting "a legal practitioner within
the meaning of the Legal Profession Act
1993" from the definition of
"practitioner" and substituting "an
Australian legal practitioner".
2. Section 4 is amended by omitting subsection (3)
and substituting the following subsection:
(3) A person is qualified for appointment
under this section if, but only if, he or she
is an Australian lawyer of not less than 7
years' standing as a practitioner.
3. Section 10(1) is amended by omitting "a
barrister or practitioner" and substituting "a
practitioner".
Status of Children Act 1974
1. Section 8C(2)(b) is amended by omitting "a
solicitor" and substituting "an Australian legal
practitioner".
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Status of Children Regulations 1999
1. Schedule 1 is amended by omitting the table and
substituting:
FORM 1
INSTRUMENT OF ACKNOWLEDGMENT
Tasmania
Status of Children Act 1974
CHILD
1. Surname:
2. Given names:
3. Date of birth:
4. Born at:
5. Sex:
FATHER
6. Surname:
7. Given names:
8. Usual occupation:
9. Year of birth:
10. Birthplace:
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MOTHER
11. Surname:
12. Given names:
13. Maiden surname, if married:
14. Year of birth:
15. Birthplace:
16. Usual place of residence:
WE, the father and mother named above, acknowledge that we are
respectively the father and mother of the child named above, and we certify
that the above information is correct, according to the best of our knowledge
and belief.
The following section of the form is to be used only if this form is signed in
the presence of an Australian legal practitioner:
.............................................................. ..............................................................
(Signature of father) (Signature of mother)
Signed in the presence of Signed in the presence of
................................................................. ..............................................................
(Signature of Australian legal practitioner) (Signature of Australian legal practitioner)
.............................................................. ..................................................................
(Name of Australian legal practitioner) (Name of Australian legal practitioner)
.............................................................. ...............................................................
(Address of Australian legal practitioner) (Address of Australian legal practitioner)
Dated ....................................... Dated ........................................
If this form is not signed in the presence of an Australian legal practitioner, it
must be executed as a deed, as follows:
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SIGNED SEALED AND SIGNED SEALED AND DELIVERED
DELIVERED by by
.............................................................. ..............................................................
(Signature of father) (Signature of mother)
.............................................................. ........................................................................
(Seal) (Seal)
Dated .................................... Dated ....................................
in the presence of in the presence of
.............................................................. ..............................................................
(Signature of witness) (Signature of witness)
.............................................................. ....................................................................
(Full name of witness) (Full name of witness)
.............................................................. .................................................................
(Postal address of witness) (Postal address of witness)
NOTES
Item 4. If the child was born in Tasmania, insert the exact address.
Items 10 and 15. The birthplaces are to be given as
(a) if born in Australia, the State of birth (e.g. "Victoria"); or
(b) if born outside Australia, the country of birth (e.g.
"France").
Supreme Court Act 1887
1. Section 1 is amended as follows:
(a) by omitting "Legal Profession Act 1993"
from the definition of "barrister" and
substituting "Legal Profession Act
2007";
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(b) by inserting the following definition after
the definition of "Secretary":
"solicitor" means a solicitor within
the meaning of the Legal
Profession Act 2007;
2. Section 4(1) is amended by omitting "Legal
Profession Act 1993" and substituting "Legal
Profession Act 2007".
Supreme Court Act 1959
1. Section 3 is amended by omitting "Legal
Profession Act 1993" from the definition of
"barrister" and substituting "Legal Profession
Act 2007".
2. Section 4A(2B) is amended by omitting "legal
practitioner" and substituting "Australian legal
practitioner".
Terrorism (Preventative Detention) Act 2005
1. Section 3(1) is amended by omitting `a legal
practitioner within the meaning of paragraph (a)
of the definition of "legal practitioner" in section
3 of the Legal Profession Act 1993' from the
definition of "lawyer" and substituting "an
Australian legal practitioner".
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Trustee Act 1898
1. Section 20 is amended as follows:
(a) by omitting from subsection (1)
"solicitor" four times occurring and
substituting "Australian legal
practitioner";
(b) by omitting from subsection (2)
"solicitor" twice occurring and
substituting "Australian legal
practitioner";
(c) by omitting from subsection (3)
"solicitor" twice occurring and
substituting "Australian legal
practitioner".
2. Section 51 is amended by omitting "solicitor"
and substituting "Australian legal practitioner".
Trustee Companies Act 1953
1. Section 18J is amended as follows:
(a) by omitting from subsection (1)(a) "a
solicitor" and substituting "an Australian
legal practitioner";
(b) by omitting from subsection (1)(b) "a
solicitor" and substituting "an Australian
legal practitioner";
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(c) by omitting from subsection (1)
"solicitor" third occurring and
substituting "Australian legal
practitioner";
(d) by omitting from subsection (2) "a
solicitor" and substituting "an Australian
legal practitioner";
(e) by omitting from subsection (2)
"solicitor" second occurring and
substituting "Australian legal
practitioner";
(f) by omitting from subsection (3) "a
solicitor" and substituting "an Australian
legal practitioner";
(g) by omitting from subsection (3)
"solicitor" second occurring and
substituting "Australian legal
practitioner";
(h) by omitting from subsection (3)
"solicitor" third occurring and
substituting "Australian legal
practitioner".
Unclaimed Moneys Act 1918
1. Section 8A is repealed.
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Valuation of Land Act 2001
1. Section 37 is amended by omitting "a legal
practitioner" and substituting "an Australian
legal practitioner".
2. Section 61 is amended by omitting "a legal
practitioner" and substituting "an Australian
legal practitioner".
Veterinary Surgeons Act 1987
1. Section 45 is amended as follows:
(a) by omitting from subsection (7) "a
barrister or a legal practitioner" and
substituting "an Australian legal
practitioner";
(b) by omitting from subsection (10) "a
barrister or legal practitioner" and
substituting "an Australian legal
practitioner".
Victims of Crime Assistance Act 1976
1. Section 2A(1) is amended by omitting "legal
practitioners" and substituting "Australian legal
practitioners".
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2. Section 13 is amended by omitting "a legal
practitioner, within the meaning of the Legal
Profession Act 1993," from the definition of
"Director" and substituting "an Australian legal
practitioner".
Witness (Identity Protection) Act 2006
1. Section 3(1) is amended by omitting the
definition of "lawyer" and substituting the
following definition:
"lawyer" means an Australian legal
practitioner;
Workers Rehabilitation and Compensation Act 1988
1. Section 3(1) is amended as follows:
(a) by omitting "Legal Profession Act 1993"
from the definition of "barrister" and
substituting "Legal Profession Act
2007";
(b) by omitting "a legal practitioner within
the meaning of the Legal Profession Act
1993" from the definition of
"practitioner" and substituting "an
Australian legal practitioner".
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2. Section 9(1)(d) is amended by omitting "a legal
practitioner" and substituting "an Australian
lawyer".
3. Section 42H(4) is amended as follows:
(a) by omitting "a legal practitioner within
the meaning of the Legal Profession Act
1993" and substituting "a practitioner";
(b) by omitting from paragraph (b) "legal
practitioner" and substituting
"practitioner".
4. Section 127(8)(d) is amended by omitting
"solicitor" and substituting "practitioner".
Youth Justice Act 1997
1. Section 3(1) is amended by inserting after the
definition of "informal caution" the following
definition:
"legal practitioner" means an Australian
legal practitioner;
2. Section 22(2)(a) is amended by omitting "a legal
practitioner acting for the youth" and substituting
"his or her legal representative".
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3. Section 31(4)(a) is amended by omitting "the
legal practitioner acting for the youth" and
substituting "his or her legal representative".
4. Section 45(2)(a) is amended by omitting "the
legal practitioner acting for the youth" and
substituting "his or her legal representative".
Government Printer, Tasmania 73