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PARLIAMENT OF VICTORIA
Legal Practice (Amendment) Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Principal Act 2
4. Definitions 2
5. Trust account details to be included on the Register 3
6. Inspection of the Register 3
7. Trust account course only needs to be completed once 3
8. New sections 41A and 41B inserted 4
41A. Variation of practising certificate conditions pending
criminal proceedings 4
41B. Appeal to Court of Appeal 5
9. Professional indemnity insurance for foreign lawyers 5
10. Practice rules 6
11. Information for clients 6
12. Repeal of restrictions on legal costs connected with mortgages
and loans 7
13. Disputes with clients 8
14. Disciplinary matters 9
15. New section 173A inserted 10
173A. Trust account details to be notified to Board 10
16. Statutory deposit 10
17. New section 182A inserted 11
182A. Board may require information about trust account
balances 11
18. Annual trust account audit report 11
19. Fidelity fund claims 11
20. Professional indemnity insurance 13
21. New section 227A inserted 14
227A. Trade Practices Act and Competition Code 14
22. Further professional indemnity insurance amendments 14
23. New section 233A inserted 15
233A. Levies 15
24. Functions of Liability Committee 16
25. Business names of incorporated practitioners to be included on
Register 16
26. Delegation by RPAs 17
i
532120B.I1-1/9/98
Clause Page
27. New section 330A inserted 17
330A. Board may require information and documents from
conveyancers 17
28. Delegation by the Board 18
29. Protection of lawyers assisting the Tribunal 18
30. New section 425A inserted 19
425A. Delegation 19
31. New Division 2A of Part 19 inserted 19
Division 2A--Investigation of offences 19
441A. Board may appoint person to investigate 19
441B. Assistance with investigation 19
441C. Power of entry with warrant 21
441D. Inspector must report on investigation 22
441E. Secrecy 22
32. Supreme Court--limitation of jurisdiction 23
33. Amendments to Schedule 2 24
34. Statute law revision 24
__________________
NOTES 25
ii
532120B.I1-1/9/98
PARLIAMENT OF VICTORIA
A BILL
to amend the Legal Practice Act 1996 with respect to professional
indemnity insurance and other matters and for other purposes.
Legal Practice (Amendment) Act 1998
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the Legal
Practice Act 1996--
(a) to alter the arrangements for professional
5 indemnity insurance;
(b) to deal with miscellaneous matters.
2. Commencement
This Act comes into operation on 15 December
1998.
1
532120B.I1-1/9/98
Legal Practice (Amendment) Act 1998
s. 3
Act No.
3. Principal Act
In this Act, the Legal Practice Act 1996 is called
No. 35/1996.
the Principal Act.
Reprint No. 1
as at
16 December
1997. Further
amended by
Nos 46/1998
and 52/1998.
4. Definitions
5 (1) In section 3(1) of the Principal Act--
(a) in the definition of "approved auditor" for
paragraph (e) substitute--
"(e) subject to sub-section (3), has
completed or substantially assisted in
10 carrying out the audit of the trust
account of at least 2 (or such higher
number as is prescribed) firms, legal
practitioners or approved clerks in
respect of any of the previous 3 audit
15 years;";
(b) for the definition of "costs dispute"
substitute--
' "costs dispute" means a dispute referred to
in section 122(1)(a);';
20 (c) for the definition of "inspector" substitute--
' "inspector" means--
(a) in Division 5 of Part 6, a person
appointed under section 192 or
193;
25 (b) in Division 2A of Part 19, a
person appointed under section
441A;'.
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532120B.I1-1/9/98
Legal Practice (Amendment) Act 1998
s. 5
Act No.
(2) After section 3(2) of the Principal Act insert--
'(3) The Board may exempt a person from the
requirement of paragraph (e) of the
definition of "approved auditor" in sub-
5 section (1).'.
5. Trust account details to be included on the Register
In section 9 of the Principal Act--
(a) after sub-section (3)(c) insert--
"(ca) the information specified in section
10 173A (trust account details); and";
(b) after sub-section (4)(b) insert--
"(ba) the information specified in section
173A (trust account details); and";
(c) after sub-section (5)(d) insert--
15 "(da) the information specified in section
173A (trust account details); and";
(d) after sub-section (6)(c) insert--
"(ca) the information specified in section
173A (trust account details); and";
20 (e) after sub-section (7)(b) insert--
"(ba) the information specified in section
173A (trust account details); and".
6. Inspection of the Register
After section 10(2) of the Principal Act insert--
25 "(3) Despite sub-section (1), information
specified in section 173A (trust account
details) that is on the Register is not
available to the public.".
7. Trust account course only needs to be completed once
30 In section 23(2) of the Principal Act for
paragraph (d) substitute--
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Legal Practice (Amendment) Act 1998
s. 8
Act No.
"(d) if the application is for a certificate that
authorises the receipt of trust money and the
applicant has not already held such a
certificate, must also be accompanied by
5 satisfactory evidence that the applicant has
completed a course of study (if any)
approved by the Board for the purposes of
this Division.".
8. New sections 41A and 41B inserted
10 After section 41 of the Principal Act insert--
'41A. Variation of practising certificate
conditions pending criminal proceedings
(1) If a current practitioner has been charged
with a relevant offence but that charge has
15 not been determined, the Board, the Legal
Ombudsman or the RPA of which the
practitioner is a regulated practitioner may
apply to the Full Tribunal for an order under
sub-section (2).
20 (2) On an application under sub-section (1), the
Full Tribunal, if it considers it appropriate to
do so, may make either or both of the
following orders--
(a) an order varying the conditions of the
25 practitioner's practising certificate; or
(b) an order imposing further conditions on
the practitioner's practising certificate.
(3) An order under sub-section (2) has effect
until the sooner of--
30 (a) the period specified by the Full
Tribunal; or
(b) if the practitioner is convicted of the
relevant offence--28 days after the day
of the conviction; or
4
532120B.I1-1/9/98
Legal Practice (Amendment) Act 1998
s. 9
Act No.
(c) if the charge is dismissed or the
practitioner is found guilty without the
recording of a conviction--the day of
the dismissal or the decision not to
5 record a conviction, as the case may be.
(4) The Full Tribunal, on application by any
party, may vary or revoke an order under
sub-section (2) at any time.
(5) In this section--
10 "relevant offence" means--
(a) an offence against Division 2 of
Part I of the Crimes Act 1958; or
(b) an offence against the law of
another jurisdiction (whether in or
15 outside Australia) that, in the
opinion of the Full Tribunal, is
equivalent to an offence against
Division 2 of Part I of the Crimes
Act 1958.
20 41B. Appeal to Court of Appeal
(1) Any party may appeal to the Court of
Appeal, on a question of law, from an order
of the Full Tribunal under section 41A.
(2) If the Full Tribunal gives oral reasons for
25 making the relevant order and a party then
requests it to give written reasons under
section 409, the time for instituting the
appeal runs from the time when the party
receives the written reasons.'.
30 9. Professional indemnity insurance for foreign lawyers
In section 63ZA of the Principal Act for "that
contains at least the minimum terms and
conditions set by the Board under section 228(1)"
5
532120B.I1-1/9/98
Legal Practice (Amendment) Act 1998
s. 10
Act No.
substitute "on terms and conditions approved by
the Board".
10. Practice rules
(1) In section 74 of the Principal Act for sub-section
5 (3) substitute--
"(3) At least 21 days before a practice rule made
by it is to take effect, an RPA must publish a
copy of the rule in its official publication.".
(2) In section 74(4)(b) of the Principal Act for "once a
10 year" substitute "once every 3 years".
11. Information for clients
(1) In section 86 of the Principal Act--
(a) in sub-section (1) for "Before being retained
by a client to provide legal services, a legal
15 practitioner or firm must give the prospective
client a statement setting out" substitute
"Before being retained by a client to provide
legal services or as soon as practicable after
being retained, a legal practitioner or firm
20 must give the prospective client or client a
concise written statement setting out";
(b) sub-section (2) is repealed;
(c) in sub-section (3) for "As soon as practicable
after being retained by a client to provide
25 legal services, a legal practitioner or firm
must give the client a concise written
statement setting out" substitute "Before
being retained by a client to provide legal
services or as soon as practicable after being
30 retained, a legal practitioner or firm must
give the prospective client or client a concise
written statement setting out".
(2) After section 86(3) of the Principal Act insert--
6
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Legal Practice (Amendment) Act 1998
s. 12
Act No.
"(4) The statements required by section 86(1) and
(3) may be combined into a single
statement.".
(3) In section 90(1) of the Principal Act--
5 (a) in paragraph (b)--
(i) after "received" insert "one or more";
(ii) omit "at least twice";
(b) for paragraph (c) substitute--
"(c) if the client is--
10 (i) a public company, a subsidiary of
a public company, a foreign
company, a subsidiary of a foreign
company or a registered
Australian body (within the
15 meaning of the Corporations
Law); or
(ii) a current practitioner or firm; or
(iii) a partnership at least one of the
members of which is a member of
20 the Australian Society of Certified
Practising Accountants, the
National Institute of Accountants
or the Institute of Chartered
Accountants Australia; or
25 (iv) a financial institution; or
(v) a trustee in their capacity as
such;".
(4) In section 92 of the Principal Act for "must give to
a client at reasonable intervals written reports"
30 substitute ", if so requested by a client, must give
the client a written report".
12. Repeal of restrictions on legal costs connected with
mortgages and loans
7
532120B.I1-1/9/98
Legal Practice (Amendment) Act 1998
s. 13
Act No.
Section 100 of the Principal Act is repealed.
13. Disputes with clients
(1) In section 122 of the Principal Act--
(a) in sub-section (1) for paragraph (a)
5 substitute--
"(a) a dispute in relation to legal costs not
exceeding $15 000 in respect of any
one matter--
(i) between a legal practitioner or
10 firm and a person who is charged
with those costs or is liable to pay
those costs (other than under a
court or tribunal order for costs);
or
15 (ii) between a legal practitioner or
firm and a beneficiary under a will
or trust in relation to which the
legal practitioner or firm has
provided legal services in respect
20 of which those costs are
charged;";
(b) sub-section (2) is repealed.
(2) After section 123(4) of the Principal Act insert--
"(4A) If a request is made before proceedings
25 referred to in sub-section (4) have been
commenced but proceedings are then
commenced before the person commencing
them has notice of the request, the request
lapses on the commencement of the
30 proceedings.".
(3) In the Principal Act--
8
532120B.I1-1/9/98
Legal Practice (Amendment) Act 1998
s. 14
Act No.
(a) in section 125(6) after "paid" insert "(after
the deduction of any relevant government
duties and bank or society charges and
fees)";
5 (b) in section 128(2) for "30 days" substitute
"60 days";
(c) in section 133(1) for paragraph (b)
substitute--
"(b) in a costs dispute--
10 (i) an order that the client pay the
amount of legal costs in dispute or
that the legal practitioner or firm
reduce the amount of legal costs
by a specified amount (not
15 exceeding the amount in dispute);
(ii) an order that the client pay interest
on the amount of legal costs in
dispute at a rate not exceeding the
rate for the time being fixed under
20 section 2 of the Penalty Interest
Rates Act 1983;".
(4) After section 133(3) of the Principal Act insert--
"(4) If the Tribunal makes an order under sub-
section (1)(b)(ii), the interest is payable from
25 the day specified by the Tribunal, being a
day on or after the later of--
(a) the day on which the client initiated the
dispute resolution process in respect of
the costs dispute; and
30 (b) 30 days after payment of the costs in
dispute was demanded.".
14. Disciplinary matters
9
532120B.I1-1/9/98
Legal Practice (Amendment) Act 1998
s. 15
Act No.
In section 137 of the Principal Act, in the
definition of "unsatisfactory conduct" after
paragraph (a) insert--
"(ab) conduct by a legal practitioner or firm in the
5 course of engaging in legal practice that
would be regarded by a legal practitioner or
firm in good standing as being unacceptable,
including--
(i) conduct unbecoming a legal
10 practitioner or firm;
(ii) unprofessional conduct; or".
15. New section 173A inserted
After section 173 of the Principal Act insert--
"173A. Trust account details to be notified to Board
15 (1) Within 14 days after opening a trust account
an approved clerk or a legal practitioner or
firm must notify the Board of the number of
the account and the name and address of the
branch of the bank or society at which the
20 account is kept.
Penalty: 50 penalty units.
(2) An approved clerk or a legal practitioner or
firm must notify the Board of any changes to
the information notified to the Board under
25 sub-section (1) within 14 days after
becoming aware of the change.
Penalty: 50 penalty units.
(3) Nothing in this section applies to a separate
trust account kept by a legal practitioner or
30 firm on the instructions of any single client
for the exclusive use of that client.".
16. Statutory deposit
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532120B.I1-1/9/98
Legal Practice (Amendment) Act 1998
s. 17
Act No.
In section 179 of the Principal Act for sub-section
(5) substitute--
"(5) Nothing in this section applies to a separate
trust account kept by a practitioner or firm
5 on the instructions of any single client, or
two or more clients if the Board so approves,
for the exclusive use of that client or those
clients.".
17. New section 182A inserted
10 After section 182 of the Principal Act insert--
"182A. Board may require information about trust
account balances
(1) A legal practitioner or firm or an approved
clerk must, at the Board's request, inform the
15 Board of the balance of any trust account
maintained by the practitioner, firm or clerk.
(2) Sub-section (1) does not apply to a separate
trust account kept by a practitioner or firm
on the instructions of any single client for the
20 exclusive use of that client.".
18. Annual trust account audit report
In section 184(3) of the Principal Act after "trust
money" (where secondly occurring) insert "in
their trust account".
25 19. Fidelity fund claims
(1) In section 208(3) of the Principal Act for
paragraph (b) substitute--
"(b) in respect of a defalcation of, or in relation
to, any money given to a practitioner, a firm
30 or a partner of a firm for the purpose of
investment or re-investment by the
practitioner, firm or partner, other than an
investment or re-investment that is--
11
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Legal Practice (Amendment) Act 1998
s. 19
Act No.
(i) merely incidental to the legal practice
of the practitioner, firm or partner; or
(ii) made or to be made in the course of or
in connection with the administration of
5 the estate of a deceased person or of a
represented person or protected person
within the meaning of the
Guardianship and Administration
Act 1986; or".
10 (2) In section 212 of the Principal Act for sub-
sections (2) and (3) substitute--
"(2) A person is not entitled to commence a
proceeding referred to in sub-section (1)
without the leave of the Board, unless--
15 (a) the Board has disallowed the claim
wholly or partly; and
(b) the person has exhausted all other
rights of action and other legal
remedies in respect of the loss the
20 subject of the claim.
(3) In addition, a person is not entitled without
leave of the court to commence a proceeding
referred to in sub-section (1) if 3 months or
more have elapsed since the person was
25 given written notice by the Board of the
disallowance of the claim.
(4) In deciding whether or not to give leave
under sub-section (3), the court must take
into account the reasons for the delay,
30 including whether the delay was necessary to
enable the person to comply with sub-section
(2)(b).".
(4) At the end of section 214 of the Principal Act
insert--
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Legal Practice (Amendment) Act 1998
s. 20
Act No.
"(2) In calculating for the purposes of sub-section
(1) the amount of money received by a
person in reduction of loss, account must be
taken of any money paid to the person by the
5 practitioner or firm (whether as repayment of
capital or otherwise) in relation to the money
or other property the subject of the claim that
is derived from trust money or other property
held by the practitioner or firm, but not
10 including any income on the money or other
property the subject of the claim actually
received by the practitioner or firm and paid
to the person.".
20. Professional indemnity insurance
15 (1) In the Principal Act--
(a) in section 224--
(i) in sub-section (2) omit "or another
insurer";
(ii) in sub-section (3)(a) omit "and" where
20 last occurring;
(iii) in sub-section (3) paragraph (b) is
repealed;
(b) in section 225--
(i) in sub-section (2) omit "or another
25 insurer";
(ii) in sub-section (3)(a) omit "and" where
last occurring;
(iii) in sub-section (3) paragraph (b) is
repealed.
30 (2) In section 226 of the Principal Act for sub-section
(2) substitute--
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Legal Practice (Amendment) Act 1998
s. 21
Act No.
"(2) Unless the practitioner intends to practise as
a barrister only, the insurance must be
obtained with the Liability Committee.".
(3) In section 226(3) of the Principal Act--
5 (a) in paragraph (a) omit "and" where last
occurring;
(b) paragraph (b) is repealed.
(4) In section 227 of the Principal Act for sub-section
(2) substitute--
10 "(2) The insurance must be--
(a) obtained with the Liability Committee,
except in the case of a sole practitioner
who practises as a barrister only;
(b) in the case of a sole practitioner who
15 practises as a barrister only, obtained
on terms and conditions approved by
the Board.".
21. New section 227A inserted
After section 227 of the Principal Act insert--
20 "227A. Trade Practices Act and Competition Code
For the purposes of the Trade Practices Act
1974 of the Commonwealth and the
Competition Code, the entering into and
performance of a contract of professional
25 indemnity insurance by a person or firm and
the Liability Committee under section 224,
225, 226 or 227 is authorised by this Act.".
22. Further professional indemnity insurance
amendments
14
532120B.I1-1/9/98
Legal Practice (Amendment) Act 1998
s. 23
Act No.
(1) In section 228 of the Principal Act sub-sections
(1), (2) and (3) are repealed.
(2) In section 228 of the Principal Act for sub-section
(4) substitute--
5 "(4) The Liability Committee, with the approval
of the Board, may determine the
arrangements for, including the terms of
contracts of, professional indemnity
insurance for persons and firms that insure
10 with it.".
(3) After section 228(5)(e) of the Principal Act
insert--
"(f) whether the amount standing to the credit of
the Liability Fund is likely to be sufficient to
15 meet the liabilities to which it is subject.".
(4) In section 229 of the Principal Act--
(a) in sub-section (1) after "Victoria" insert "on
terms and conditions approved by the
Board";
20 (b) sub-section (2) is repealed;
(c) in sub-section (3) after "practitioner" (where
secondly occurring) insert "in fulfilment of
their obligation under sub-section (1)".
(5) In section 229A of the Principal Act omit "or
25 from any of the minimum terms and conditions of
that insurance".
23. New section 233A inserted
After section 233 of the Principal Act insert--
"233A. Levies
30 (1) If the Liability Committee is at any time of
the opinion that the amount standing to the
credit of the Liability Fund is likely to be
insufficient to meet the liabilities to which it
15
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Legal Practice (Amendment) Act 1998
s. 24
Act No.
is subject, the Liability Committee, with the
approval of the Board, may determine the
amount of a levy to be paid to the Liability
Fund by persons and firms that had a
5 contract of professional indemnity insurance
with the Liability Committee at any time
within the previous 12 months.
(2) In determining the amount of the levy, the
Liability Committee must take into account
10 the factors set out in section 228(5).
(3) A person or firm referred to in sub-section
(1) must pay the levy to the Liability
Committee at the time, and in the manner,
fixed by the Liability Committee.
15 (4) The Liability Committee may, in a special
case, allow further time for the payment of a
levy or of a part of a levy.
(5) The amount of a levy that is not paid by a
person or firm in accordance with this
20 section is recoverable in the Magistrates'
Court from that person or firm by the
Liability Committee as a debt.".
24. Functions of Liability Committee
In section 236 of the Principal Act--
25 (a) in sub-section (1)--
(i) in paragraph (a) omit "for firms, legal
practitioners, interstate practitioners
and foreign practitioners";
(ii) in paragraph (b) omit "entered into
30 with firms, legal practitioners, interstate
practitioners and foreign practitioners";
(b) sub-section (4) is repealed.
25. Business names of incorporated practitioners to be
included on Register
16
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Legal Practice (Amendment) Act 1998
s. 26
Act No.
In the Principal Act--
(a) after section 289(2)(c) insert--
"(ca) any business name under which the
applicant intends to engage in legal
5 practice; and";
(b) after section 291(2)(a) insert--
"(ab) any business name under which the
incorporated practitioner intends to
engage in legal practice; and";
10 26. Delegation by RPAs
In section 313 of the Principal Act for sub-section
(1) substitute--
"(1) An RPA may delegate in writing to an
officer, an employee or the members of a
15 committee of the RPA any of its powers or
functions under--
(a) Division 4 of Part 2 (practising
certificates);
(b) Part 2A (interstate practice);
20 (c) Part 2B (practice of foreign law);
(d) Part 5 (disputes and discipline);
(e) Part 6 (client's money and trust
accounts);
(f) Part 9 (receivers and managers).".
25 27. New section 330A inserted
After section 330 of the Principal Act insert--
"330A. Board may require information and
documents from conveyancers
(1) The Board may, by written notice, require a
30 conveyancer to give the Board any
information or documents reasonably
17
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Legal Practice (Amendment) Act 1998
s. 28
Act No.
required by the Board to determine whether
or not the conveyancer has complied with
section 330.
(2) A conveyancer must comply with a notice
5 under sub-section (1).
Penalty: 50 penalty units.".
28. Delegation by the Board
In section 361 of the Principal Act for sub-section
(2) substitute--
10 "(2) The Board may delegate in writing to a
member, an employee or the members of a
committee of the Board any of its powers or
functions under--
(a) section 3(3) (exemption of approved
15 auditors);
(b) Division 4 of Part 2 (practising
certificates);
(c) Part 2A (interstate practice);
(d) Part 2B (practice of foreign law);
20 (e) Part 5 (disputes and discipline);
(f) Part 6 (client's money and trust
accounts) except section 176
(arrangements with banks and
societies);
25 (g) section 211 (determination of Fidelity
Fund claims);
(h) Part 9 (receivers and managers);
(i) Part 10 (incorporated practitioners).".
29. Protection of lawyers assisting the Tribunal
18
532120B.I1-1/9/98
Legal Practice (Amendment) Act 1998
s. 30
Act No.
In section 406(2) of the Principal Act after "legal
practitioner" (where first occurring) insert
"assisting the Tribunal or a legal practitioner".
30. New section 425A inserted
5 After section 425 of the Principal Act insert--
"425A. Delegation
(1) Subject to sub-section (2), the Legal
Ombudsman may delegate in writing to an
employee referred to in section 425(1) any
10 power or function of the Legal Ombudsman
under Part 5 (disputes and discipline).
(2) A delegation under sub-section (1) cannot be
made to an employee who is not eligible to
be appointed as Legal Ombudsman.".
15 31. New Division 2A of Part 19 inserted
After Division 2 of Part 19 of the Principal Act
insert--
"Division 2A--Investigation of offences
441A. Board may appoint person to investigate
20 If the Board reasonably suspects that an
offence has been committed under this Act
(other than an offence under Part 6), the
Board may appoint a person--
(a) who is an employee of the Board; or
25 (b) who in the opinion of the Board is an
appropriate person to conduct an
investigation under this Division--
to investigate the offence.
441B. Assistance with investigation
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Legal Practice (Amendment) Act 1998
s. 31
Act No.
(1) For the purposes of an investigation under
this Division, a person must--
(a) produce for inspection or copying by
the inspector any records reasonably
5 required by the inspector; and
(b) give the inspector any other
information he or she reasonably
requires.
Penalty: 50 penalty units.
10 (2) A person may not refuse to comply with sub-
section (1)--
(a) on the ground of legal professional
privilege or any other duty of
confidence; or
15 (b) on the ground that the production of the
record or giving of the information may
tend to incriminate them.
(3) If a person, before producing a record or
giving information, objects to the inspector
20 on the ground that the production of the
record or giving of the information may tend
to incriminate them, the record or
information is inadmissible in evidence in
any proceeding against them for an offence,
25 other than an offence in relation to the giving
of false or misleading information.
(4) An inspector may retain for a reasonable
period and may make copies of, or take
extracts from, any documents produced or
30 given to the inspector in the course of an
investigation under this Division.
(5) A financial institution, despite any duty of
confidence to the contrary, must without
charge--
20
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Legal Practice (Amendment) Act 1998
s. 31
Act No.
(a) produce for inspection or copying by
the inspector any records held by it that
are reasonably required by the inspector
for the purposes of an investigation
5 under this Division; and
(b) give the inspector any other
information he or she reasonably
requires for the purposes of the
investigation.
10 Penalty: 50 penalty units.
441C. Power of entry with warrant
(1) An inspector may apply to a magistrate for
the issue of a search warrant in relation to
any premises, or part of any premises, if the
15 inspector--
(a) reasonably suspects that an offence
under this Act (other than an offence
under Part 6) has been committed; and
(b) believes on reasonable grounds that
20 there may be on those premises, or that
part, any article, document or thing that
may afford evidence as to the
commission of that offence.
(2) If the magistrate to whom the application is
25 made is satisfied by evidence on oath,
whether oral or by affidavit, that there are
reasonable grounds for doing so, the
magistrate may issue a search warrant.
(3) A search warrant issued under this section
30 must be directed to the applicant for it and
must authorise them, and any assistants they
reasonably require, to enter the premises, or
the part of the premises, named or described
in the warrant to search for any article,
35 document or thing of a kind named or
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described in the warrant that there is
reasonable ground to believe will afford
evidence as to the commission of an offence
under this Act (other than an offence under
5 Part 6).
(4) In addition to any other requirement, a
search warrant issued under this section must
state--
(a) any conditions to which the warrant is
10 subject; and
(b) whether entry is authorised to be made
at any time of the day or night or during
stated hours of the day or night; and
(c) a date, not being later than 7 days after
15 the date of issue of the warrant, on
which the warrant ceases to have effect.
(5) A search warrant must be issued in
accordance with the Magistrates' Court Act
1989 and in the form prescribed under that
20 Act.
(6) The rules to be observed with respect to
search warrants mentioned in the
Magistrates' Court Act 1989 extend and
apply to warrants under this section.
25 441D. Inspector must report on investigation
As soon as practicable after completing an
investigation under this Division, an
inspector must give a written report on the
result of the investigation to the Board.
30 441E. Secrecy
(1) An inspector must not disclose information
acquired in the course of an investigation
under this Division except--
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Act No.
(a) as is necessary for the purpose of
conducting the investigation and
making the report of the investigation;
or
5 (b) as is permitted by sub-section (2); or
(c) with the consent of the person to whom
the information relates.
Penalty: 100 penalty units.
(2) An inspector may disclose information
10 acquired in the course of an investigation--
(a) to a member of the police force, if the
inspector reasonably suspects that an
offence has been committed;
(b) to the Board, in connection with any
15 proceedings arising out of the
investigation or concerning the person
the subject of the investigation;
(c) to a court--
(i) in connection with any
20 prosecution for an offence under
this Act; or
(ii) if required by the court to do so, in
connection with a prosecution for
an offence under any other Act;
25 (d) to the Tribunal in connection with any
proceeding in the Tribunal under this
Act.".
32. Supreme Court--limitation of jurisdiction
At the end of section 444 of the Principal Act
30 insert--
"(2) It is the intention of section 212(2) as
substituted by section 19(2) of the Legal
Practice (Amendment) Act 1998 to alter or
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Legal Practice (Amendment) Act 1998
s. 34
Act No.
vary section 85 of the Constitution Act
1975.".
33. Amendments to Schedule 2
(1) After clause 20 of Schedule 2 to the Principal Act
5 insert--
"20A. Time for bringing disputes
(1) Section 123(4A) of this Act applies to requests made
in relation to disputes arising on or after the
commencement of section 13(2) of the Legal
10 Practice (Amendment) Act 1998.
(2) Section 128(2) of this Act as amended by section
13(3)(b) of the Legal Practice (Amendment) Act
1998 applies to any dispute in relation to which a
notice was received under section 128(1) of this
15 Act--
(a) on or after the commencement of section
13(3)(b) of the Legal Practice (Amendment)
Act 1998; or
(b) within 30 days before that commencement.".
20 (2) After clause 32 of Schedule 2 to the Principal Act
insert--
"32A. Fidelity Fund claims
Sections 208(3)(b) and 212(2) of this Act as
substituted by section 19 of the Legal Practice
25 (Amendment) Act 1998 apply to defalcations that
occur on or after the day on which section 19 of the
Legal Practice (Amendment) Act 1998 comes into
operation and sections 208(3)(b) and 212(2) as in
force immediately before that day continue to apply in
30 respect of defalcations that occurred before that day.".
(3) In Schedule 2 to the Principal Act clauses 34, 35
and 38 are repealed.
34. Statute law revision
In section 317(4)(b) of the Principal Act for "and"
35 substitute "or".
__________________
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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Act No.
26
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