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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Legal Profession (Consequential Amendments) Act
2005
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purposes 1
2. Commencement 2
3. Principal Act 2
4. Definitions 2
5. Application for grant or renewal of practising certificate 2
6. No fee for volunteer practising certificate 3
7. Conditions on local practising certificates 3
8. Conduct capable of constituting unsatisfactory professional
conduct or professional misconduct 3
9. Foreign lawyers 3
10. Costs disclosure 5
11. Costs reviews 5
12. Complaints and discipline 6
13. External intervention 6
14. Term of office of appointed Board members 6
15. Delegation by Legal Services Commissioner 7
16. Law reform funding 7
17. Transitional provisions 7
18. Consequential amendments to other Acts 8
19. Statute law revision 8
__________________
SCHEDULE 1--Consequential Amendments 10
ENDNOTES 47
i
551266B.A1-4/5/2005 BILL LA AS SENT 4/5/2005
PARLIAMENT OF VICTORIA
Initiated in Assembly 22 February 2005
As amended by Assembly 4 May 2005
A BILL
to amend the Legal Profession Act 2004 and to amend other Acts as a
consequence of the passage of the Legal Profession Act 2004 and for
other purposes.
Legal Profession (Consequential
Amendments) Act 2005
The Parliament of Victoria enacts as follows:
1. Purposes
The purposes of this Act are--
(a) to amend the Legal Profession Act 2004;
(b) to amend other Acts as a consequence of the
passage of the Legal Profession Act 2004.
5
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Act No.
2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 January 2006, it comes into
5
operation on that day.
3. Principal Act
See: In this Act, the Legal Profession Act 2004 is
Act No.
called the Principal Act.
99/2004
and
amending
Act No.
108/2004.
LawToday:
www.dms.
dpc.vic.
gov.au
4. Definitions
10
In section 1.2.1 of the Principal Act--
(a) in the definition of "admission to the legal
profession", omit "or issue";
(b) insert the following definitions--
' "affairs" of a law practice has the meaning
15
given in section 3.3.2;
"grant" of an interstate practising certificate
includes the issue of an interstate
practising certificate;'.
5. Application for grant or renewal of practising
20
certificate
Section 2.4.8(9) of the Principal Act is repealed.
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6. No fee for volunteer practising certificate
After section 2.4.9(4) of the Principal Act
insert--
"(4A) A fee or surcharge is not payable for a local
practising certificate that is subject to the
5
condition referred to in section
2.4.3(3)(b)(iii) (community legal centre
volunteer).".
7. Conditions on local practising certificates
In section 2.4.14(1)(a) of the Principal Act, after
10
"granted" insert "or renewed".
8. Conduct capable of constituting unsatisfactory
professional conduct or professional misconduct
Sections 2.4.26(4), 2.4.27(3), 2.4.32(5), 2.6.8(2),
2.7.10(5), 2.7.11(3), 2.7.39(3), 2.7.40(3) and
15
2.7.49(2) of the Principal Act are repealed.
9. Foreign lawyers
(1) In section 2.8.2 of the Principal Act, in the
definition of "local registration certificate", omit
"or issued".
20
(2) At the end of section 2.8.14 of the Principal Act
insert--
"(2) The regulations may also provide for the
Board to determine from time to time--
(a) classes of Australian-registered foreign
25
lawyers required to contribute to the
Fidelity Fund;
(b) the contributions payable by members
of those classes and the time and
manner of payment of contributions;
30
(c) levies payable by members of those
classes and the time and manner of
payment of levies.
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(3) If the Board determines a contribution or
levy payable by members of a class of
Australian-registered foreign lawyers in
accordance with regulations made under sub-
section (2), sections 6.7.32, 6.7.33(2), 6.7.34
5
and 6.7.35 apply as if the members of the
class were members of a contributor class
and as if the contribution or levy were
imposed under Division 3 of Part 6.7.".
(3) In the Principal Act--
10
(a) in section 2.8.19--
(i) in sub-section (4), for "the applicant's
entitlement to be registered" substitute
"whether the applicant meets the
criteria for registration";
15
(ii) in sub-section (6)(a), for "affect the
applicant's eligibility for" substitute
"be relevant to or affect";
(b) sections 2.8.30(4), 2.8.31(3) and 2.8.44(5)
are repealed;
20
(c) in the heading to section 2.8.46, for
"holders" substitute "locally registered
foreign lawyers";
(d) for section 2.8.46(1)(a) substitute--
"(a) ask the applicant or locally registered
25
foreign lawyer for any documents or
information the Board requires; or";
(e) in section 3.2.10, before "legal practice"
insert "engaging in".
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10. Costs disclosure
In the Principal Act--
(a) for section 3.4.9(1)(c) and (d) substitute--
"(c) an estimate of the total legal costs or, if
that is not reasonably practicable--
5
(i) a range of estimates of the total
legal costs; and
(ii) an explanation of the major
variables that will affect the
calculation of those costs; and";
10
(b) in section 3.4.10(1), for "section 3.4.9(1)(a),
(c), (d) and (e)" substitute "section
3.4.9(1)(a), (c) and (e)".
11. Costs reviews
At the end of section 3.4.41 of the Principal Act
15
insert--
"(2) If--
(a) a law practice has commenced
proceedings to recover legal costs; and
(b) an application for a costs review in
20
relation to those legal costs is made
under section 3.4.48 out of time; and
(c) the Taxing Master determines to deal
with the application--
the court or tribunal in which the
25
proceedings have been brought must stay the
proceedings on the application of a party, or
on its own initiative, pending the completion
of the review.".
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12. Complaints and discipline
In the Principal Act--
(a) in section 4.4.17(c), for "issued" substitute
"granted";
(b) in section 4.4.25, in paragraph (b)(iii) of the
5
definition of "disciplinary action", for "issue"
substitute "grant".
13. External intervention
In the Principal Act--
(a) in section 5.1.2, in paragraph (a) of the
10
definition of "regulated property", after "trust
money" insert "or trust property";
(b) in section 5.2.1(d)--
(i) after "the practice" (where first
occurring) insert "or an associate of the
15
practice";
(ii) in sub-paragraph (v), after "regulations"
insert "or legal profession rules".
14. Term of office of appointed Board members
For section 6.2.9(4) of the Principal Act
20
substitute--
"(4) An appointed member--
(a) holds office, subject to this Act, for a
term specified in his or her instrument
of appointment, not exceeding 4 years
25
from the date of appointment; and
(b) is eligible for re-appointment.".
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15. Delegation by Legal Services Commissioner
After section 6.3.12(2)(a) of the Principal Act
insert--
"(ab) a function under section 4.4.13 (other than
the function of applying to the Tribunal for
5
an order under Division 4 of Part 4.4); or".
16. Law reform funding
(1) After section 6.7.10(1) of the Principal Act
insert--
"(1A) The Attorney-General may each financial
10
year direct the Board to pay an amount out of
the Public Purpose Fund to the Victorian
Law Reform Commission and the Board
must comply with that direction.".
(2) In the Principal Act--
15
(a) in section 6.7.10(3), for "this section"
substitute "sub-section (1)";
(b) in section 6.7.11(1) and (2), for "section
6.7.10" substitute "section 6.7.10(1)".
17. Transitional provisions
20
(1) In clause 2.2(4) of Schedule 2 to the Principal Act,
after "this Act" insert "(except sub-clause (4A))".
(2) After clause 2.2(4) of Schedule 2 to the Principal
Act insert--
25 "(4A) Sub-clause (4) does not apply to a local practising
certificate that is subject to the condition referred to in
section 2.4.3(3)(b)(iii) (community legal centre
volunteer).".
(3) In Schedule 2 to the Principal Act--
(a) clause 3.2 is repealed;
30
(b) in clause 8.20(4), after "section 383(2)"
insert "or (5)".
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18. Consequential amendments to other Acts
On the coming into operation of an item in
Schedule 1, the Act referred to in the heading to
that item is amended as set out in that item.
19. Statute law revision
5
In the Principal Act--
(a) in section 2.2.9(3)(c), for "corporate
practitioner" substitute "corporate legal
practitioner";
(b) in section 2.4.1(b), for "issue" substitute
10
"grant";
(c) in section 2.4.28(2), for "provided n"
substitute "provided in";
(d) in the heading to section 3.3.8, for
"liability" substitute "obligations";
15
(e) in section 4.4.12(2), for "section 4.4.11"
substitute "section 4.4.13";
(f) in section 4.4.14(1)(b), omit "or firm";
(g) in section 4.4.28(3), for "sections 4.4.28"
substitute "sections 4.4.29";
20
(h) in section 5.2.2(1), for "exist" substitute
"exists";
(i) in section 6.7.18(f), for "Examiner-General"
substitute "Auditor-General";
(j) in section 6.7.24(2)(b)(i), for "an" substitute
25
"a";
(k) in section 7.2.5(2), for "section 6.2.30"
substitute "section 6.2.23";
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(l) in section 7.2.11(4), after "agreement" insert
"or arrangement";
(m) in section 7.2.14(3), for "intestate"
substitute "interstate";
(n) in clause 8.14(1) in Schedule 2, for
5
"section 6.2.19(2)(c)" substitute
"section 6.2.19(1)(d)".
__________________
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SCHEDULE 1
Section 18
CONSEQUENTIAL AMENDMENTS
1. Accident Compensation Act 1985
1.1 In section 5(1), after the definition of "interest at the
5 prescribed rate" insert--
' "legal practitioner" means an Australian legal practitioner
within the meaning of the Legal Profession Act
2004;'.
1.2 In section 134AG(5), for "Legal Practice Act 1996"
10 substitute "Legal Profession Act 2004".
1.3 In section 248A(3)(b), omit "duly qualified".
2. Administration and Probate Act 1958
In section 3(1), before the definition of "Master" insert--
' "legal practitioner" means an Australian legal practitioner
15 within the meaning of the Legal Profession Act
2004;'.
3. Adoption Act 1984
In section 4(1), after the definition of "interim order"
insert--
20 ' "legal practitioner" means an Australian legal practitioner
within the meaning of the Legal Profession Act
2004;'.
4. Ambulance Services Act 1986
In section 13(4), for "a legal practitioner" substitute "an
25 Australian legal practitioner (within the meaning of the
Legal Profession Act 2004)".
5. Appeal Costs Act 1998
In section 3(1), after the definition of "insolvent under
administration" insert--
30 ' "legal practitioner" means an Australian legal practitioner
within the meaning of the Legal Profession Act
2004;'.
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6. Architects Act 1991
For section 28 substitute--
'28. Assisting counsel
(1) The Tribunal may appoint an Australian legal
5 practitioner to assist it in the conduct of an inquiry.
(2) The Board must pay the fees of any Australian legal
practitioner assisting the Tribunal.
(3) In this section, "Australian legal practitioner" has
the same meaning as in the Legal Profession Act
10 2004.'.
7. Associations Incorporation Act 1981
After the heading to Part VIIIA insert--
'37A. Definition
In this Part, "legal practitioner" means an Australian
15 legal practitioner within the meaning of the Legal
Profession Act 2004.'.
8. Australian Crime Commission (State Provisions) Act 2003
8.1 In section 3(1), after the definition of "issuing officer"
insert--
20 ' "legal practitioner" means an Australian legal practitioner
within the meaning of the Legal Profession Act
2004;'.
8.2 In section 27(2), for "barrister" substitute "legal
practitioner".
25 9. Bail Act 1977
In section 3, after the definition of "drug of dependence"
insert--
' "legal practitioner" means an Australian legal practitioner
within the meaning of the Legal Profession Act
30 2004;'.
10. Building Act 1993
10.1 For section 166(3)(ba) substitute--
"(ba) at least one person who is an Australian lawyer
(within the meaning of the Legal Profession Act
35 2004) of at least 5 years' standing; and".
11
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10.2 For section 184(2)(ab) substitute--
"(ab) at least one is to be an Australian lawyer (within the
meaning of the Legal Profession Act 2004) of at least
5 years' standing; and".
5 10.3 For section 207(2)(h) substitute--
"(h) at least one is to be an Australian lawyer (within the
meaning of the Legal Profession Act 2004) of at least
5 years' standing; and".
10.4 For section 210(2)(m) substitute--
10 "(m) at least one is to be an Australian lawyer (within the
meaning of the Legal Profession Act 2004) of at least
5 years' standing;".
11. Business Licensing Authority Act 1998
In section 5(2), for "a legal practitioner" substitute "an
15 Australian lawyer (within the meaning of the Legal
Profession Act 2004)".
12. Children and Young Persons Act 1989
12.1 In section 3(1), after the definition of "irreconcilable
difference application" insert--
20 ' "legal practitioner" means an Australian legal practitioner
within the meaning of the Legal Profession Act
2004;".
12.2 In section 82(3)(c), for "admitted as a barrister and solicitor
of the Supreme Court" substitute "admitted to the legal
25 profession within the meaning of the Legal Profession Act
2004".
13. Chinese Medicine Registration Act 2000
In section 3, for the definition of "lawyer" substitute--
' "lawyer" means an Australian lawyer within the meaning
30 of the Legal Profession Act 2004;".
14. Chiropractors Registration Act 1996
In section 3, for the definition of "lawyer" substitute--
' "lawyer" means an Australian lawyer within the meaning
of the Legal Profession Act 2004;".
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15. Commercial Arbitration Act 1984
For section 20(6)(a) substitute--
"(a) a legal practitioner shall be read as a reference to--
(i) an Australian legal practitioner within the
5 meaning of the Legal Profession Act 2004; or
(ii) an overseas-registered foreign lawyer within
the meaning of section 2.8.2 of the Legal
Profession Act 2004; and".
16. Companies (Administration) Act 1981
10 In section 11(2)(a) and (4), for "a duly qualified legal
practitioner" substitute "an Australian lawyer (within the
meaning of the Legal Profession Act 2004)".
17. Confiscation Act 1997
17.1 In section 3(1), after the definition of "law enforcement
15 agency" insert--
' "legal practitioner" means an Australian legal practitioner
within the meaning of the Legal Profession Act
2004;'.
17.2 In section 143(1)(b), for "private practitioner" substitute
20 "private law practice or private legal practitioner (within the
meaning of the Legal Aid Act 1978)".
18. Co-operative Housing Societies Act 1958
In section 71B--
(a) in sub-section (9), for "a duly qualified legal
25 practitioner" substitute "an Australian legal
practitioner (within the meaning of the Legal
Profession Act 2004)";
(b) in sub-section (10) for "A duly qualified legal
practitioner" substitute "An Australian legal
30 practitioner".
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19. Co-operatives Act 1996
19.1 In section 346(1)(a), for "solicitors" substitute "legal
practitioners".
19.2 In section 388, after the definition of "co-operative venture"
5 insert--
' "legal practitioner" means an Australian legal practitioner
within the meaning of the Legal Profession Act
2004;'.
19.3 In section 393(2)(a), for "solicitor" substitute "legal
10 practitioner".
19.4 In section 403, in paragraph (b) of the definition of
"involved person" for "solicitor" substitute "legal
practitioner".
19.5 In clause 7(2)(n) of Schedule 4, for "solicitor" substitute
15 "legal practitioner".
20. Coroners Act 1985
20.1 In section 3(1) before the definition of "child" insert--
' "Australian lawyer" has the same meaning as in the
Legal Profession Act 2004;'.
20 20.2 In section 3(1) the definition of "legal practitioner" is
repealed.
20.3 In section 6(1) for "a barrister and solicitor" substitute "an
Australian lawyer".
20.4 In section 8 for "barristers and solicitors" substitute
25 "Australian lawyers".
20.5 In sections 45(3), 45(4), 46(2) and 49(1) for "a legal
practitioner" substitute "an Australian lawyer".
20.6 In section 49(2) substitute--
(a) for "a legal practitioner" substitute "an Australian
30 lawyer";
(b) for "the legal practitioner" substitute "the lawyer".
21. Corporations (Victoria) Act 1990
21.1 In section 48, for "a barrister or a solicitor, or as both a
barrister and a solicitor," substitute "an Australian lawyer
35 (within the meaning of the Legal Profession Act 2004)".
21.2 In section 60(1), in paragraph (b)(i) of the definition of
"eligible person" for "solicitor" substitute "lawyer".
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22. Corrections Act 1986
22.1 In section 3(1), for the definition of "lawyer" substitute--
' "lawyer" means an Australian lawyer within the meaning
of the Legal Profession Act 2004;".
5 22.2 In section 30I(5), in the definition of "authorised person",
for paragraph (e) substitute--
"(e) a lawyer in the course of consulting that lawyer for
legal advice;".
22.3 In sections 47(1)(m)(iii) and 47B for "legal practitioner"
10 (wherever occurring) substitute "lawyer".
23. Council of Law Reporting in Victoria Act 1967
23.1 In section 2, for the definition of "RPA" substitute--
' "professional association" has the same meaning as in the
Legal Profession Act 2004;'.
15 23.2 In section 5(1)(c), for "RPA" substitute "professional
association".
23.3 In section 7(c) for "RPA" substitute "professional
association".
24. Country Fire Authority Act 1958
20 In section 74M(1) for "a legal practitioner" substitute "an
Australian legal practitioner (within the meaning of the
Legal Profession Act 2004)".
25. County Court Act 1958
25.1 In section 3(1), insert the following definitions--
25 ' "Australian lawyer" has the same meaning as in the
Legal Profession Act 2004;
"legal practitioner" means an Australian legal practitioner
within the meaning of the Legal Profession Act
2004;'.
30 25.2 For section 8(1A)(b) substitute--
"(b) is an Australian lawyer of at least 5 years' standing.".
25.3 For section 17A(3)(b) substitute--
"(b) is an Australian lawyer of at least 5 years' standing.".
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25.4 Insert the following heading to section 26--
"Registrar and bailiff to be distinct persons and not to
act as legal practitioner".
25.5 In section 34(2), for "Legal Practice Act 1996" substitute
5 "Legal Profession Act 2004".
26. Credit Act 1984
26.1 In section 5(1), after the definition of "land" insert--
' "legal practitioner" means an Australian legal practitioner
within the meaning of the Legal Profession Act
10 2004;'.
26.2 In sections 47(1)(a), 70(1)(d)(v) and 71(3)(b), clause 1(f)(iii)
of Schedule 2 and clause 1(c)(iii) of Schedule 4 omit "duly
qualified".
27. Crimes Act 1958
15 27.1 In section 2A(1) after the definition of "Juries
Commissioner" insert--
' "legal practitioner" means an Australian lawyer within
the meaning of the Legal Profession Act 2004;'.
27.2 In section 175(1), in the definition of "agent", for "barrister
20 and solicitor" substitute "legal practitioner".
27.3 In section 464(2), the definition of "legal practitioner" is
repealed.
27.4 In section 360A(2)(b) and (4)(a), for "private practitioner"
substitute "private law practice or private legal
25 practitioner".
27.5 After section 360A(6) insert--
'(7) In this section, "private law practice" and "private
legal practitioner" have the same meaning as in the
Legal Aid Act 1978.'.
30 27.6 In section 397, for "by legal practitioner" substitute "by his
or her legal practitioner".
28. Crimes (Criminal Trials) Act 1999
28.1 In section 3 after the definition of "directions hearing"
insert--
35 ' "legal practitioner" means an Australian lawyer within
the meaning of the Legal Profession Act 2004;'.
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28.2 For section 24(3)(b) substitute--
"(b) a party's legal practitioner or, in the case of a legal
practitioner who is employed by a law practice
(within the meaning of the Legal Profession Act
5 2004), the law practice.".
28.3 For section 28 substitute--
"28. Complaints about legal practitioners
If, in the court's opinion, a legal practitioner for a
party has failed to comply with a requirement of this
10 Act or an order made under this Act, including an
order or requirement under section 5, the court may
make a complaint about the legal practitioner's
conduct to the Legal Service Commissioner under
Chapter 4 of the Legal Profession Act 2004.".
15 29. Crimes (Family Violence) Act 1987
After section 8S insert--
'8T. Definition
In this Part, "legal practitioner" means an Australian
legal practitioner within the meaning of the Legal
20 Profession Act 2004.'.
30. Crimes (Mental Impairment and Unfitness to be Tried) Act
1997
In section 3(1), after the definition of "judicial member"
insert--
25 ' "legal practitioner" means an Australian legal practitioner
within the meaning of the Legal Profession Act
2004;'.
31. Crown Proceedings Act 1958
In section 12, for "assign legal practitioners to such person;
30 and the legal practitioners so assigned" substitute "assign
Australian legal practitioners (within the meaning of the
Legal Profession Act 2004) to such person; and the
Australian legal practitioners so assigned".
32. Dangerous Goods Act 1985
35 After section 43(4) insert--
'(5) In this section, "legal practitioner" means an
Australian legal practitioner within the meaning of the
Legal Profession Act 2004.'.
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33. Dental Practice Act 1999
In section 3, for the definition of "lawyer" substitute--
' "lawyer" means an Australian lawyer within the meaning
of the Legal Profession Act 2004;'.
5 34. Domestic Building Contracts Act 1995
For section 34(4)(b) substitute--
"(b) the building owner received independent advice from
an Australian legal practitioner (within the meaning of
the Legal Profession Act 2004) concerning the
10 contract before entering into the contract.".
35. Electoral Act 2002
For section 128 substitute--
'128. Legal representation
(1) A party to a petition must not be represented by an
15 Australian legal practitioner unless--
(a) all the parties consent to the party being
represented by an Australian legal practitioner;
or
(b) the Court of Disputed Returns grants leave for
20 the party to be represented by an Australian
legal practitioner.
(2) In this section, "Australian legal practitioner" has
the same meaning as in the Legal Profession Act
2004.'.
25 36. Emerald Tourist Railway Act 1977
In section 36(2), for "A duly qualified legal practitioner"
substitute "An Australian legal practitioner (within the
meaning of the Legal Profession Act 2004)".
37. Environment Protection Act 1970
30 In section 59AC(b), for "a legal practitioner" substitute "an
Australian legal practitioner (within the meaning of the
Legal Profession Act 2004)".
38. Equal Opportunity Act 1995
In section 4(1), for the definition of "lawyer" substitute--
35 ' "lawyer" means an Australian lawyer within the meaning
of the Legal Profession Act 2004;'.
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39. Estate Agents Act 1980
39.1 For section 5(2)(e) substitute--
"(e) any Australian legal practitioner (within the meaning
of the Legal Profession Act 2004) for the purpose
5 only of carrying out the ordinary functions of an
Australian legal practitioner;".
39.2 In section 6(2)(c), for "a barrister and solicitor of the
Supreme Court of Victoria" substitute "an Australian
lawyer (within the meaning of the Legal Profession Act
10 2004)".
39.3 Insert the following heading to section 53A--
"Exemption concerning the Legal Profession Act 2004".
39.4 For section 53A(1) substitute--
"(1) An agent or agent's representative is not guilty of an
15 offence against section 2.2.2(1) of the Legal
Profession Act 2004 only because he or she fills up--
(a) a standard form of contract permitted by the
regulations or approved by the Legal Services
Board or a professional association (within the
20 meaning of the Legal Profession Act 2004); or
(b) a contract prepared by an Australian legal
practitioner (within the meaning of the Legal
Profession Act 2004).".
40. Evidence Act 1958
25 40.1 In section 3(1), after the definition of "impaired" insert--
' "lawyer" means an Australian lawyer within the meaning
of the Legal Profession Act 2004;
"legal practitioner" means an Australian legal practitioner
within the meaning of the Legal Profession Act
30 2004;'.
40.2 In section 21D--
(a) insert the following definitions--
' "private law practice" has the same meaning as in
the Legal Aid Act 1978;
35 "private legal practitioner" has the same meaning
as in the Legal Aid Act 1978;';
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(b) in the definition of "legal aid", for "private
practitioner" substitute "private law practice or
private legal practitioner";
(c) in the definition of "legal aid body", for "private
5 practitioner" substitute "private law practice";
(d) the definition of "private practitioner" is repealed.
40.3 In sections 21E(1)(b) and 21F(1)(b), for "private
practitioner" substitute "private law practice or private legal
practitioner".
10 40.4 For sections 107A(1)(c) and 107A(1)(d) substitute--
"(c) an Australian lawyer (within the meaning of the Legal
Profession Act 2004);
(d) a clerk to an Australian lawyer;".
40.5 For section 123C(1)(db) substitute--
15 "(db) a senior member or ordinary member of the Victorian
Civil and Administrative Tribunal who, immediately
before the commencement of section 8.2.1 of the
Legal Profession Act 2004, was the registrar or a
deputy registrar of the Legal Profession Tribunal;".
20 40.6 For section 123C(1)(g) substitute--
"(g) a legal practitioner;".
41. Evidence (Witness Identity Protection) Act 2004
In section 3--
(a) in proposed sections 42BA(3)(a) and (b) and
25 42BD(1)(a)(ii), for "lawyer" substitute "legal
practitioner"; and
(b) in proposed section 42BM(3)(d), for "lawyer
representing" substitute "legal practitioner
representing".
30 42. Fair Trading Act 1999
In section 161A(7) for "Legal Practice Act 1996"
substitute "Legal Profession Act 2004".
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43. Firearms Act 1996
For section 155(2)(a) substitute--
"(a) 3 must be Australian lawyers (within the meaning of
the Legal Profession Act 2004) nominated by the
5 Minister from a panel of persons submitted to the
Minister as follows--
(i) if there are more than 2 professional
associations (within the meaning of the Legal
Profession Act 2004), 1 person may be
10 nominated for the panel by each professional
association; or
(ii) if there are only 2 professional associations,
3 persons may be nominated for the panel by
each professional association; or
15 (iii) if there is only 1 professional association,
5 persons may be nominated for the panel by
that professional association; and".
44. Fisheries Act 1995
44.1 In section 4(1), after the definition of "associated offence"
20 insert--
' "Australian lawyer" has the same meaning as in the
Legal Profession Act 2004;'.
44.2 In sections 136(9) and 189(5) for "a barrister and solicitor"
substitute "an Australian lawyer".
25 44.3 In section 190(2)(a) for "a person who is admitted to
practice as a barrister and solicitor of the Supreme Court
and" substitute "an Australian lawyer".
44.4 In section 195(5) for "a barrister and solicitor" substitute
"an Australian lawyer".
30 45. Freedom of Information Act 1982
For section 56(3) substitute--
"(3) The Tribunal may make any orders as it thinks fit
having regard to the nature of the proceedings,
including where the applicant is represented by an
35 Australian lawyer (within the meaning of the Legal
Profession Act 2004), an order that the contents of a
document produced to the Tribunal that is claimed to
be an exempt document be disclosed to that
practitioner.
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(4) In making an order under sub-section (3), the Tribunal
must be guided by the principle that the contents of a
document should not normally be disclosed except in
accordance with an order of the Tribunal under
5 section 51(2) of the Victorian Civil and
Administrative Tribunal Act 1998.".
46. Gambling Regulation Act 2003
In section 10.1.21 for "a duly qualified legal practitioner"
substitute "an Australian legal practitioner (within the
10 meaning of the Legal Profession Act 2004)".
47. Gas Industry (Residual Provisions) Act 1994
In section 116(1), in paragraph (c) of the definition of
"GASCOR contractual rights" for "a legal practitioner or
firm of legal practitioners" substitute "a law practice or an
15 Australian legal practitioner (within the meaning of the
Legal Profession Act 2004)".
48. Health Records Act 2001
For section 77(3) substitute--
"(3) If the applicant is represented by an Australian legal
20 practitioner (within the meaning of the Legal
Profession Act 2004), orders under sub-section (2)
may include an order that the contents of a document
produced to the Tribunal that is claimed to be an
exempt document be disclosed to that practitioner.".
25 49. Health Services Act 1988
In section 144(2)(c) for "a legal practitioner" substitute
"an Australian legal practitioner (within the meaning of the
Legal Profession Act 2004)".
50. Information Privacy Act 2000
30 For section 42(3) substitute--
"(3) If the applicant is represented by an Australian legal
practitioner (within the meaning of the Legal
Profession Act 2004), orders under sub-section (2)
may include an order that the contents of a document
35 produced to the Tribunal that is claimed to be an
exempt document be disclosed to that practitioner.".
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51. Instruments Act 1958
In section 3, after the definition of "holder" insert--
' "legal practitioner" means an Australian legal practitioner
within the meaning of the Legal Profession Act
5 2004.'.
52. Intellectually Disabled Persons' Services Act 1986
In section 31, for "a duly qualified legal practitioner"
substitute "an Australian legal practitioner (within the
meaning of the Legal Profession Act 2004)".
10 53. Judicial Proceedings Reports Act 1958
For section 3(1)(c)(v) substitute--
"(v) the names of Australian legal practitioners (within the
meaning of the Legal Profession Act 2004) engaged
in the proceeding;".
15 54. Juries Act 2000
54.1 In section 3(1), after the definition of "jury service period"
insert--
' "legal practitioner" means an Australian legal practitioner
within the meaning of the Legal Profession Act
20 2004;'.
54.2 In Schedule 2, for clause 1(e) substitute--
"(e) an Australian lawyer (within the meaning of the Legal
Profession Act 2004);".
55. Jurisdiction of Courts (Cross-vesting) Act 1987
25 In section 5(8)--
(a) for "A person who is entitled to practise as a barrister
or a solicitor, or as both a barrister and a solicitor,"
substitute "An Australian lawyer (within the meaning
of the Legal Profession Act 2004) who is entitled to
30 practise";
(b) for "the person" substitute "the lawyer".
56. Landlord and Tenant Act 1958
In section 59(3), for "legal practitioner" substitute "an
Australian legal practitioner (within the meaning of the
35 Legal Profession Act 2004)".
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57. Legal Aid Act 1978
57.1 In section 2(1)--
(a) insert the following definitions--
' "Australian lawyer" has the same meaning as in
5 the Legal Profession Act 2004;
"incorporated legal practice" has the same meaning
as in the Legal Profession Act 2004;
"law practice" has the same meaning as in the Legal
Profession Act 2004;
10 "legal practitioner" means an Australian legal
practitioner within the meaning of the Legal
Profession Act 2004;
"principal", of a law practice, has the same meaning
as in the Legal Profession Act 2004;
15 "private law practice" means a law practice other
than VLA;
"private legal practitioner" means a legal
practitioner who is not employed by VLA;
"professional association" has the same meaning as
20 in the Legal Profession Act 2004;';
(b) the definitions of "current practitioner", "incorporated
practitioner", "practitioner" and "private practitioner"
are repealed;
(c) in the definitions of "duty lawyer services" and "legal
25 advice", for "a practitioner" substitute "an Australian
lawyer";
(d) in the definition of "legal aid", in paragraph (b), for "a
legal practitioner" substitute "a law practice or an
Australian lawyer".
30 57.2 In section 7--
(a) in paragraph (e), for "professional bodies representing
private practitioners" substitute "professional
associations";
(b) for paragraph (f) substitute--
35 "(f) liaise with professional associations in order to
facilitate the use, in appropriate circumstances,
of services provided by private legal
practitioners;";
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(c) in paragraph (g), for "private practitioners" substitute
"private legal practitioners".
57.3 In section 8--
(a) for "private practitioners" (where twice occurring)
5 substitute "private legal practitioners";
(b) in sub-section (2)(b), for "practitioner" substitute
"legal practitioner".
57.4 For section 10(c) substitute--
"(c) a private law practice;".
10 57.5 For section 16 substitute--
"16. VLA and its officers are subject to legal
professional standards and duties
(1) VLA or an officer of VLA when engaging in legal
practice--
15 (a) must observe the same rules and standards of
professional conduct and ethics as those that a
legal practitioner is, by law or a custom of the
legal profession, required to observe in
engaging in legal practice; and
20 (b) is subject to the same professional duties as
those to which a legal practitioner is subject, by
law or a custom of the legal profession, in
engaging in legal practice.
(2) For the purpose of the application of sub-section (1)
25 in respect of a member of staff of VLA who is
providing legal services to a person--
(a) VLA is deemed to be a law practice retained by
the person to act on the person's behalf; and
(b) the members of staff of VLA are deemed to be
30 employed by that law practice.
(3) For the purposes of this section, a reference to
engaging in legal practice or providing legal services
includes a reference to exercising a right of audience
in a court.
35 (4) VLA must indemnify an officer of VLA against any
negligent act or omission by the officer in the course
of the performance of his or her duties or in good faith
in the purported performance of those duties.
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(5) Parts 3.3 and 3.6 of the Legal Profession Act 2004
apply to the VLA as if it were an incorporated legal
practice.".
57.6 In section 19(1)(b)(iv) for "practitioners" substitute "law
5 practices".
57.7 After section 19(1) insert--
"(1A) For the purposes of sub-section (1), VLA is deemed to
be a law practice.".
57.8 In section 24--
10 (a) in sub-section (1), for "private practitioner" substitute
"private legal practitioner";
(b) in sub-section (3), for "private practitioners"
(wherever occurring) substitute "private legal
practitioners".
15 57.9 In section 26(2)--
(a) for "private practitioner" substitute "private legal
practitioner";
(b) for "legal practitioner" substitute "private legal
practitioner".
20 57.10 In section 27(4)(a), for "Legal Practice Act 1996"
substitute "Legal Profession Act 2004".
57.11 In section 28(a), for "private practitioner" substitute
"private legal practitioner".
57.12 In section 29A--
25 (a) in sub-section (1), for "practitioner" substitute
"private law practice or private legal practitioner";
(b) in sub-section (2), for "sole practitioners, firms and
incorporated practitioners" substitute "private law
practices or private legal practitioners";
30 (c) in sub-section (3), for "practitioner" (wherever
occurring) substitute "private law practice or private
legal practitioner";
(d) in sub-sections (4), (5) and (6), for "sole practitioner,
firm or incorporated practitioner" substitute "private
35 law practice or private legal practitioner".
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57.13 For section 29A(7) and (8) substitute--
"(7) If the name of a private law practice is included on a
panel, the names of all the private legal practitioners
who are partners, directors or employees of the
5 private law practice are deemed to be included on the
panel.".
57.14 In section 29B, for "sole practitioner, firm or incorporated
practitioner" (where twice occurring) substitute "private
law practice or private legal practitioner".
10 57.15 For section 30(1) to (8) substitute--
"(1) If--
(a) legal services are to be performed on behalf of
an assisted person by a private legal
practitioner; and
15 (b) VLA has not assigned the conduct of the
assisted person's case to a private legal
practitioner chosen after VLA called for tenders
to conduct the case; and
(c) VLA has not under section 29B assigned the
20 conduct of the assisted person's case to a
private law practice or private legal practitioner
included on a panel established under
section 29A--
the assisted person is entitled to select a private law
25 practice from the names on a referral panel.
(2) If an assisted person does not wish to exercise the
right to select a private law practice under sub-
section (1), VLA must, on that person's behalf, select
a private law practice from the names on a referral
30 panel.
(3) In selecting a private law practice under sub-section
(2), the paramount consideration is the interests of the
assisted person but, subject to that consideration,
VLA must allocate work equitably amongst the
35 private law practices named on referral panels.
(4) A private law practice may apply to VLA for
inclusion on a referral panel.
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(5) A private law practice is not eligible to apply under
sub-section (4) during any period--
(a) for which the private law practice is
disqualified from applying in accordance with
5 this section; or
(b) of removal under sub-section (10) or (11).
(6) On receiving an application under sub-section (4),
VLA may--
(a) accept the application and include the name of
10 the private law practice on a referral panel; or
(b) subject to sub-section (14), refuse the
application and may disqualify the private law
practice from making another application under
sub-section (4) for a specified period.
15 (7) VLA must prepare and maintain panels of names of
private law practices from the names of the private
law practices that have applied under sub-section (4)
and been accepted for inclusion.
(8) If the name of a private law practice is included on a
20 referral panel, the names of all the private legal
practitioners who are partners, directors or employees
of the private law practice are, by force of this sub-
section, also included on the panel, except the name
of any of those legal practitioners that has been
25 removed under this section.".
57.16 For section 30(10) to (13) substitute--
"(10) Subject to sub-section (15), VLA may remove from a
referral panel for a specified period the name of--
(a) any private law practice; or
30 (b) any private legal practitioner who is a partner,
director or employee of a private law practice.
(11) Without limiting VLA's powers to refuse an
application made under sub-section (4) or remove a
name from a referral panel, VLA may--
35 (a) refuse an application made under sub-
section (4) or remove from a referral panel the
name of a private law practice if the name of a
private legal practitioner who is a partner,
director or employee of the private law practice
40 is removed from the panel;
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(b) remove from a referral panel the name of any
private law practice that habitually takes an
excessive time to defend persons charged with
criminal offences.
5 (12) VLA may amend a referral panel--
(a) to remove the name of any private law practice
that, or private legal practitioner who, has
ceased to practise; or
(b) to record any change in name of a private law
10 practice or private legal practitioner; or
(c) to remove a name in accordance with a request
under sub-section (13).
(13) A private law practice or a private legal practitioner
may, by writing to VLA, request that their name be
15 removed from a referral panel and VLA must comply
with that request.".
57.17 For section 30(15) and (16) substitute--
"(15) Before removing a name from a referral panel under
sub-section (10) or (11), VLA must--
20 (a) give written notice to the private law practice or
private legal practitioner concerned setting out
the reasons for the proposed removal; and
(b) afford them a reasonable opportunity to be
heard and show cause why the removal should
25 not be made.
(16) A notice given to a private law practice under sub-
section (14) or (15) may be given to any principal of
the practice.".
57.18 In section 30(16F) for "sole practitioner, firm, incorporated
30 practitioner, partner, director or employee" substitute
"private law practice or private legal practitioner".
57.19 In section 30(19)--
(a) the definition of "firm" is repealed;
(b) in the definition of "referral panel", for
35 "sub-section (5)" substitute "sub-section (7)".
57.20 In section 31--
(a) in sub-section (1), for "private practitioner giving his"
substitute "private legal practitioner giving his or
her";
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(b) in sub-section (2), for "practitioner who is an officer
of VLA when VLA or that practitioner" substitute
"legal practitioner who is an officer of VLA when
VLA or that officer".
5 57.21 For section 31(3) substitute--
'(3) A relevant person in relation to an assisted person
must disclose to VLA, an officer of VLA or an
independent reviewer any information that is within
the relevant person's knowledge or to which the
10 relevant person has access that is required by VLA,
the officer or the independent reviewer for the
purposes of performing functions under this Act and
that--
(a) is relevant to the provision of services by way
15 of legal assistance to the assisted person; or
(b) concerns the progress and disposal of the
matter.
(4) In sub-section (3)--
"relevant person", in relation to an assisted person,
20 means--
(a) a private law practice that has been
selected to perform, is performing, or has
performed, services for the assisted
person in respect of any matter; or
25 (b) a private legal practitioner who is or was
a partner, director or employee of that
private law practice.'.
57.22 For section 32(1) substitute--
"(1) If a private legal practitioner performs or has
30 performed legal services on behalf of an assisted
person, he or she must not demand, take or accept any
payment for performing those services other than the
payment to which the private law practice of which he
or she is a principal or employee is entitled under this
35 Act.
Penalty: 50 penalty units or imprisonment for
6 months.".
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57.23 In section 32--
(a) in sub-section (2), for "private practitioners"
substitute "private law practices";
(b) in sub-section (2A), for "private practitioner"
5 substitute "private law practice";
(c) in sub-section (2B), for "Legal Practice Board and any
RPAs (within the meaning of the Legal Practice Act
1996)" substitute "Legal Services Board and any
professional associations";
10 (d) in sub-sections (2BA) and (2C), for "private
practitioner" (wherever occurring) substitute "private
law practice";
(e) in sub-section (3), for "taxed" substitute "reviewed in
accordance with Part 3.4 of the Legal Profession Act
15 2004".
57.24 In section 33(2)(a), for "private practitioner" (wherever
occurring) substitute "private legal practitioner".
57.25 In section 40F for "practitioner" substitute "legal
practitioner".
20 57.26 In section 41(2)--
(a) in paragraph (b), for "section 380 of the Legal
Practice Act 1996;" substitute "section 6.7.9 of the
Legal Profession Act 2004;";
(b) in paragraph (d), for "section 174 of the Legal
25 Practice Act 1996" substitute "section 3.3.13 of the
Legal Profession Act 2004".
57.27 For section 43(4) substitute--
"(4) If VLA calls for tenders to conduct a case, a private
law practice that, or private legal practitioner who, is
30 supplied with any information about the case by VLA,
and any person who is a partner, director or employee
of such a private law practice, must not without the
consent of VLA--
(a) communicate or permit to be communicated to
35 any person, or give in evidence in a court, any
of that information; or
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(b) produce in a court any document received from
VLA in relation to the case.
Penalty: 25 penalty units or imprisonment for
6 months.".
5 57.28 In section 43(5), for "private practitioner or employee of a
private practitioner" substitute "private law practice or
partner, director or employee of a private law practice".
58. Legal Aid Commission (Amendment) Act 1989
In section 9(1)(b), in proposed sub-section (4A), for "sole
10 practitioner, firm or incorporated practitioner" substitute
"law practice".
59. Leo Cussen Institute Act 1972
59.1 In section 2, for the definition of "legal practitioner"
substitute--
15 ' "Australian lawyer" has the same meaning as in the
Legal Profession Act 2004;'.
59.2 In section 4(1)(a) and (e) for "legal practitioners" substitute
"Australian lawyers".
59.3 In section 11(4), omit "established under the Legal Practice
20 Act 1996".
60. Liquor Control Reform Act 1998
In section 172(3)(b), for "a legal practitioner" substitute "an
Australian lawyer (within the meaning of the Legal
Profession Act 2004)".
25 61. Local Government Act 1989
61.1 For clause 6(2) of Schedule 4 substitute--
"(2) An Australian legal practitioner or other person
appearing before a Tribunal on behalf of a party has
the same protection and immunity as an Australian
30 legal practitioner has in appearing for a party in
proceedings in the Supreme Court.".
61.2 After clause 6(3) of Schedule 4 insert--
'(4) In this clause--
"Australian legal practitioner" has the same
35 meaning as in the Legal Profession Act 2004.'.
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62. Long Service Leave Act 1992
In section 154(5)(c), for "a legal practitioner" substitute "an
Australian lawyer (within the meaning of the Legal
Profession Act 2004)".
5 63. Magistrates' Court Act 1989
63.1 In section 3(1), after the definition of "Koori Court officer"
insert--
' "legal practitioner" means an Australian legal practitioner
within the meaning of the Legal Profession Act
10 2004;'.
63.2 For sections 7(3)(b) and 9(2)(b) substitute--
"(b) is an Australian lawyer (within the meaning of the
Legal Profession Act 2004) of at least 5 years'
standing.".
15 64. Major Crime (Investigative Powers) Act 2004
64.1 In section 3, after the definition of "coercive powers order"
insert--
' "legal practitioner" means an Australian legal practitioner
within the meaning of the Legal Profession Act
20 2004;'.
64.2 In section 21(4), for the definition of "Australian lawyer"
substitute--
' "Australian lawyer" has the same meaning as in the
Legal Profession Act 2004.'.
25 65. Major Crime (Special Investigations Monitor) Act 2004
In section 3, for the definition of "Australian lawyer"
substitute--
' "Australian lawyer" has the same meaning as in the
Legal Profession Act 2004;'.
30 66. Medical Practice Act 1994
In section 3(1), for the definition of "lawyer" substitute--
' "lawyer" means an Australian lawyer within the meaning
of the Legal Profession Act 2004;'.
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67. Mental Health Act 1986
67.1 For section 59(5)(a) substitute--
"(a) an Australian legal practitioner (within the meaning of
the Legal Profession Act 2004); or".
5 67.2 For section 130A(2) substitute--
'(2) An Australian legal practitioner or other person
appearing before the Board or the Psychosurgery
Review Board on behalf of another person has the
same protection and immunity as an Australian legal
10 practitioner has in appearing for a party in
proceedings in the Supreme Court.
(2A) In sub-section (2)--
"Australian legal practitioner" has the same
meaning as in the Legal Profession Act 2004.'.
15 68. Metropolitan Fire Brigades Act 1958
In sections 78C(2) and 79L(1), for "a legal practitioner"
substitute "an Australian legal practitioner (within the
meaning of the Legal Profession Act 2004)".
69. Mineral Resources Development Act 1990
20 In section 100(4) for "admitted as a barrister and solicitor of
the Supreme Court" substitute "an Australian lawyer
(within the meaning of the Legal Profession Act 2004)".
70. Mines Act 1958
In section 369(1), before the definition of "mine" insert--
25 ' "legal practitioner" means an Australian legal practitioner
within the meaning of the Legal Profession Act
2004;'.
71. Motor Car Traders Act 1986
For section 57(1)(a) substitute--
30 "(a) one, who is the chairperson, must be an Australian
lawyer (within the meaning of the Legal Profession
Act 2004) of at least 5 years' standing; and".
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72. Nurses Act 1993
72.1 In section 3(1), for the definition of "lawyer" substitute--
' "lawyer" means an Australian lawyer within the meaning
of the Legal Profession Act 2004;'.
5 72.2 In section 22(3)(b) for "legal practitioner" substitute
"lawyer".
73. Ombudsman Act 1973
73.1 In section 13(3)(aa) for "legal practitioner" substitute
"Australian lawyer (within the meaning of the Legal
10 Profession Act 2004)".
73.2 In section 17(3) for "a legal practitioner" substitute "an
Australian lawyer (within the meaning of the Legal
Profession Act 2004)".
74. Optometrists Registration Act 1996
15 In section 3, for the definition of "lawyer" substitute--
' "lawyer" means an Australian lawyer within the meaning
of the Legal Profession Act 2004;'.
75. Osteopaths Registration Act 1996
In section 3, for the definition of "lawyer" substitute--
20 ' "lawyer" means an Australian lawyer within the meaning
of the Legal Profession Act 2004;'.
76. Outworkers (Improved Protection) Act 2003
For section 55(5)(b) substitute--
"(b) an Australian lawyer (within the meaning of the Legal
25 Profession Act 2004) briefed by the person
authorised to bring the prosecution.".
77. Parliamentary Committees Act 2003
In section 27--
(a) in sub-section (3), for "a legal practitioner" substitute
30 "an Australian lawyer (within the meaning of the
Legal Profession Act 2004)";
(b) in sub-section (4), for "a legal practitioner" substitute
"an Australian lawyer".
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78. Pharmacists Act 1974
In section 18(2), for "a qualified legal practitioner"
substitute "an Australian legal practitioner (within the
meaning of the Legal Profession Act 2004)".
5 79. Pharmacy Practice Act 2004
In section 3(1), for the definition of "lawyer" substitute--
' "lawyer" means an Australian lawyer within the meaning
of the Legal Profession Act 2004;'.
80. Physiotherapists Registration Act 1998
10 In section 3, for the definition of "lawyer" substitute--
' "lawyer" means an Australian lawyer within the meaning
of the Legal Profession Act 2004;'.
81. Planning and Environment Act 1987
In section 149A(4) for "a legal practitioner" substitute "an
15 Australian lawyer (within the meaning of the Legal
Profession Act 2004)".
82. Podiatrists Registration Act 1997
In section 3, for the definition of "lawyer" substitute--
' "lawyer" means an Australian lawyer within the meaning
20 of the Legal Profession Act 2004;'.
83. Police Regulation Act 1958
In section 3(1), for the definition of "legal practitioner"
substitute--
' "legal practitioner" means an Australian lawyer within
25 the meaning of the Legal Profession Act 2004;'.
84. Prisoners (Interstate Transfer) Act 1983
In sections 14(3)(a) and 16(2), for "a legal practitioner"
substitute "an Australian legal practitioner (within the
meaning of the Legal Profession Act 2004)".
30 85. Private Security Act 2004
For section 4(e) substitute--
"(e) an Australian lawyer (within the meaning of the Legal
Profession Act 2004) acting in the course of his or
her legal practice or a clerk of an Australian lawyer
35 acting in the course of his or her duties in the ordinary
course of that practice;".
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86. Professional Standards Act 2003
In section 5(1)(b), for "a legal practitioner" substitute "an
Australian legal practitioner (within the meaning of the
Legal Profession Act 2004)".
5 87. Property Law Act 1958
For section 3 substitute--
'3. Definitions
In this Act--
"Court" means--
10 (a) in relation to property or an estate or
interest in property the value of which
does not exceed the jurisdictional limit of
the County Court, the Supreme Court or
the County Court;
15 (b) in any other case, the Supreme Court;
"legal practitioner" means an Australian legal
practitioner within the meaning of the Legal
Profession Act 2004.'.
88. Psychologists Registration Act 2000
20 In section 3, for the definition of "lawyer" substitute--
' "lawyer" means an Australian lawyer within the meaning
of the Legal Profession Act 2004;'.
89. Public Notaries Act 2001
89.1 In section 3--
25 (a) insert the following definitions--
' "Australian lawyer" has the same meaning as in
the Legal Profession Act 2004;
"Australian practising certificate" has the same
meaning as in the Legal Profession Act 2004;
30 "Legal Services Board" has the same meaning as in
the Legal Profession Act 2004;';
(b) for the definition of "Board of Examiners",
substitute--
' "Board of Examiners" has the same meaning as in
35 the Legal Profession Act 2004;';
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(c) for the definition of "Council of Legal Education",
substitute--
' "Council of Legal Education" has the same
meaning as in the Legal Profession Act 2004;';
5 (d) the definitions of "Legal Practice Board" and
"practising certificate" are repealed.
89.2 In section 4--
(a) for paragraph (b) substitute--
"(b) is an Australian lawyer; and";
10 (b) in paragraph (c), for "a practising certificate"
substitute "an Australian practising certificate".
89.3 In section 5(7), for "a practising certificate" substitute
"an Australian practising certificate".
89.4 In section 8--
15 (a) in sub-section (6), for "a person admitted to legal
practice in Victoria," substitute "an Australian
lawyer";
(b) in sub-section (7), for "Legal Practice Board"
substitute "Legal Services Board".
20 89.5 In section 9(1)(b) for "a practising certificate in force under
the Legal Practice Act 1996" substitute "an Australian
practising certificate".
90. Public Prosecutions Act 1994
90.1 In section 3, insert the following definitions--
25 ' "Australian lawyer" has the same meaning as in the
Legal Profession Act 2004;
"legal practitioner" means an Australian legal practitioner
within the meaning of the Legal Profession Act
2004;'.
30 90.2 In section 13(1) for "a barrister and solicitor of the Supreme
Court" substitute "an Australian lawyer".
90.3 In section 23(2)(c)(i), (iii), (iv) and (v), for "legal
practitioner" substitute "Australian lawyer".
90.4 In sections 31(1) and 36A(1), for "a barrister and solicitor of
35 the Supreme Court" substitute "an Australian lawyer".
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91. Racing Act 1958
91.1 In section 83F, after the definition of "appeal" insert--
' "Australian lawyer" has the same meaning as in the
Legal Profession Act 2004;'.
5 91.2 In section 83H(1)(a), for "a duly qualified legal practitioner"
substitute "an Australian lawyer".
91.3 In section 83H(3), for "duly qualified legal practitioner"
substitute "Australian lawyer".
91.4 In section 83M(10) for "a duly qualified legal practitioner",
10 substitute "an Australian lawyer".
91.5 For section 83MA(2) substitute--
"(2) A person appearing before the Tribunal on behalf of a
party has the same protection and immunity as an
Australian legal practitioner (within the meaning of
15 the Legal Profession Act 2004) has in appearing for a
party in proceedings in the Supreme Court.".
92. Retail Leases Act 2003
In section 3, for the definition of "legal practitioner"
substitute--
20 ' "legal practitioner" means an Australian lawyer within
the meaning of the Legal Profession Act 2004;'.
93. Retirement Villages Act 1986
In section 3(1), after the definition of "in-going
contribution" insert--
25 ' "legal practitioner" means an Australian legal practitioner
within the meaning of the Legal Profession Act
2004;'.
94. Sale of Land Act 1962
94.1 In section 2(1), after the definition of "land" insert--
30 ' "legal practitioner" means an Australian legal practitioner
within the meaning of the Legal Profession Act
2004;'.
94.2 In section 6(4)(b) omit "duly qualified".
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95. Sale of Goods (Vienna Convention) Act 1987
95.1 In section 7(1) for "a legal practitioner" substitute "an
Australian lawyer (within the meaning of the Legal
Profession Act 2004)".
5 95.2 Section 7(2) is repealed.
96. Securities Industry Act 1975
96.1 In section 4(1), after the definition of "investment
representatives licence" insert--
' "legal practitioner" means an Australian legal practitioner
10 within the meaning of the Legal Profession Act
2004;'.
96.2 In section 4(1), in paragraph (d) of the definition of
"investment adviser" for "solicitor" substitute "legal
practitioner".
15 96.3 In sections 18(4) and 19(5) and (6), omit "duly qualified".
96.4 In section 21(6) for "solicitor" substitute "legal
practitioner".
96.5 In section 23, omit "duly qualified".
96.6 In section 101(4) for "solicitor" substitute "or her legal
20 practitioner".
97. Sentencing Act 1991
97.1 In section 3(1), after the definition of "justice plan" insert--
' "lawyer" means an Australian lawyer within the meaning
of the Legal Profession Act 2004;
25 "legal practitioner" means an Australian legal practitioner
within the meaning of the Legal Profession Act
2004;'.
97.2 In sections 6AD(b)(i), 6AD(b)(ii), 6AE(c), 18ZI(2), 87A(6)
and 87G(b)(i) for "legal practitioner" (wherever occurring)
30 substitute "lawyer".
98. Settled Land Act 1958
In section 3(1), after the definition of "land" insert--
' "legal practitioner" means an Australian legal practitioner
within the meaning of the Legal Profession Act
35 2004;'.
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99. Sex Offenders Registration Act 2004
In section 70(2)(d), for "a legal practitioner" substitute "an
Australian legal practitioner (within the meaning of the
Legal Profession Act 2004)".
5 100. Sports Event Ticketing (Fair Access) Act 2002
In section 29(3)(b), for "a legal practitioner" substitute "an
Australian legal practitioner (within the meaning of the
Legal Profession Act 2004)".
101. State Trustees (State Owned Company) Act 1994
10 After section 14(2) insert--
'(3) In this section, "legal practitioner" means an
Australian legal practitioner within the meaning of the
Legal Profession Act 2004.'.
102. Stock (Seller Liability and Declarations) Act 1993
15 In section 32(2) for "a barrister and solicitor of the Supreme
Court of Victoria" substitute "an Australian lawyer (within
the meaning of the Legal Profession Act 2004)".
103. Supreme Court Act 1986
103.1 In section 3(1)--
20 (a) insert the following definitions--
' "Australian lawyer" has the same meaning as in
the Legal Profession Act 2004;
"law practice" has the same meaning as in the Legal
Profession Act 2004;
25 "legal practitioner" means an Australian legal
practitioner within the meaning of the Legal
Profession Act 2004;';
(b) in the definition of "court official", for paragraph (a)
substitute--
30 "(a) an officer of the Court (except a person who is
an officer of the Court only because he or she is
an Australian lawyer); or".
103.2 In section 21(3)(c) for "a barrister and solicitor of the Court"
substitute "an Australian lawyer".
35 103.3 In section 76, for "firm of legal practitioners" (where twice
occurring) substitute "law practice".
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103.4 In section 98(2), for "solicitor" substitute "legal
practitioner".
103.5 For section 104A(7)(b)(ii) substitute--
"(ii) he or she is engaged in legal practice in any State or
5 Territory or is employed by a law practice in
connection with the practice's legal practice in any
State or Territory.".
103.6 At the foot of section 112(3) insert--
'Note: The Taxing Master also has functions in relation to
10 costs reviews under Division 7 of Part 3.4 of the
Legal Profession Act 2004.'.
104. Surveillance Devices Act 1999
In section 24(1)(c), for "a legal practitioner" substitute
"an Australian lawyer (within the meaning of the Legal
15 Profession Act 2004)".
105. Surveying Act 2004
In section 3, for the definition of "lawyer" substitute--
' "lawyer" means an Australian lawyer within the meaning
of the Legal Profession Act 2004;'.
20 106. Teaching Service Act 1981
For section 75D(2)(a) substitute--
"(a) persons who are Australian lawyers (within the
meaning of the Legal Profession Act 2004) of at least
5 years' standing and have been nominated by the
25 Secretary;".
107. Transfer of Land Act 1958
107.1 In section 4(1), after the definition of "land" insert--
' "legal practitioner" means an Australian legal practitioner
within the meaning of the Legal Profession Act
30 2004;'.
107.2 For section 44C(2)(a) substitute--
"(a) a legal practitioner; or".
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107.3 In Part I of Schedule 5A--
(a) for item 5 substitute--
"5. I hold an Australian practising certificate within
the meaning of the Legal Profession Act
5 2004.";
(b) omit "(*Delete as applicable)".
107.4 In Part 2 of Schedule 5A--
(a) for item 6 substitute--
"6. I hold an Australian practising certificate within
10 the meaning of the Legal Profession Act
2004.";
(b) omit "(*Delete as applicable)";
(c) in item 5 of the Schedule, for "solicitor" substitute
"legal practitioner".
15 108. Travel Agents Act 1986
In section 45(3), for "a duly qualified legal practitioner"
substitute "an Australian legal practitioner (within the
meaning of the Legal Profession Act 2004)".
109. Trustee Act 1958
20 109.1 In section 3(1), after the definition of "land" insert--
' "legal practitioner" means an Australian legal practitioner
within the meaning of the Legal Profession Act
2004;'.
109.2 In section 28, for "barrister and solicitor" (wherever
25 occurring) substitute "legal practitioner".
110. Trustee Companies Act 1984
110.1 For section 20A substitute--
"20A. Preparation of wills
Despite anything to the contrary in the Legal
30 Profession Act 2004, a trustee company may prepare
wills and charge a fee and recover disbursements for
will preparation and other related services, if the wills
are prepared under the direction and control of an
Australian legal practitioner within the meaning of
35 that Act.".
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110.2 Insert the following heading to section 54--
"Testators may appoint their own lawyers".
110.3 In section 54(1), for "a current practitioner" (wherever
occurring) substitute "an Australian legal practitioner".
5 110.4 For section 54(2) substitute--
'(2) In this section, "Australian legal practitioner" has
the same meaning as in the Legal Profession Act
2004.'.
111. Unclaimed Moneys Act 1962
10 111.1 In section 9(1), in the definition of "sole practitioner", for
"Legal Practice Act 1996" substitute "Legal Profession
Act 2004".
111.2 For section 9(3) substitute--
"(3) A reference in this Act to a business holding
15 unclaimed moneys, being a business that is a law
practice (within the meaning of the Legal Profession
Act 2004) includes a reference to unclaimed money
being held in a trust account of the law practice.".
112. Veterinary Practice Act 1997
20 In section 3, for the definition of "lawyer" substitute--
' "lawyer" means an Australian lawyer within the meaning
of the Legal Profession Act 2004;'.
113. Victims of Crime Assistance Act 1996
113.1 In section 3(1), after the definition of "injury" insert--
25 ' "legal practitioner" means an Australian legal practitioner
within the meaning of the Legal Profession Act
2004;'.
113.2 In section 48(6), for "Legal Practice Act 1996" substitute
"Legal Profession Act 2004".
30 113.3 In section 49(1), for "Division 2 of Part 5 of the Legal
Practice Act 1996" substitute "Chapter 4 of the Legal
Profession Act 2004".
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114. Victoria Law Foundation Act 1978
114.1 In section 2, for the definition of "lawyer" substitute--
' "lawyer" includes--
(a) an Australian lawyer (within the meaning of the
5 Legal Profession Act 2004); and
(b) a person who is eligible for admission to the
legal profession (within the meaning of the
Legal Profession Act 2004); and
(c) a person who holds or has held judicial office;
10 and
(d) a graduate in law;'.
114.2 In section 11--
(a) for paragraph (b) substitute--
"(b) to promote legal education in Victoria,
15 including the education and training of lawyers,
and persons employed by lawyers, in any
subject or field that in the opinion of the
Foundation is likely to promote the efficient
practice of law in Victoria;";
20 (b) in paragraph (f), for "legal practitioners" substitute
"lawyers".
115. Victorian Civil and Administrative Tribunal Act 1998
115.1 In section 3 for the definition of "legal practitioner"
substitute--
25 ' "legal practitioner" means an Australian lawyer within
the meaning of the Legal Profession Act 2004;'.
115.2 For section 152(1)(d) substitute--
"(d) an Australian legal practitioner (within the meaning of
the Legal Profession Act 2004), nominated by the
30 Minister after consultation with the Legal Services
Board;".
116. Victorian Law Reform Commission Act 2000
116.1 In section 1(2), for "Law Reform and Research Account (an
account in the Public Purpose Fund maintained by the Legal
35 Practice Board)" substitute "Public Purpose Fund
maintained by the Legal Services Board".
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116.2 For section 17(a) substitute--
"(a) amounts paid to it under section 6.7.10 of the Legal
Profession Act 2004; and".
117. Whistleblowers Protection Act 2001
5 In section 3(1), after the definition of "improper conduct"
insert--
' "legal practitioner" means an Australian legal practitioner
within the meaning of the Legal Profession Act
2004;'.
10 118. Wildlife Act 1975
In section 85(1)(b), for "his legal practitioner;" substitute
"his or her Australian legal practitioner (within the meaning
of the Legal Profession Act 2004);".
119. Wills Act 1997
15 In section 29(b), for "a legal practitioner" substitute "an
Australian legal practitioner (within the meaning of the
Legal Profession Act 2004)".
120. Young Women's Christian Association of Australia
Incorporation Act 1962
20 In the proviso to section 9(2), for "a barrister or solicitor"
substitute "an Australian legal practitioner (within the
meaning of the Legal Profession Act 2004)".
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Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
47
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