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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Legal Practice (Practising Certificates) Act 1999
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
3. Principal Act 2
PART 2--PRACTISING CERTIFICATE YEAR 3
4. Definitions 3
5. Duration of practising certificates 3
6. Application for practising certificate 4
7. New section 23A inserted 7
23A. Late application for practising certificate 7
8. Trust account irregularities 7
9. Refunds 8
10. Suspension of practising certificate for failure to pay contribution 8
11. Re-allocation of practitioners 8
12. Annual report of trust account audits 8
13. Fidelity Fund contributions 9
14. Enrolment for Board elections 9
15. Refunds payable out of Legal Practice Fund 10
16. Transitional arrangements for 19992001 10
PART 3--FURTHER AMENDMENTS TO PRINCIPAL ACT 14
17. Additional deputy registrars of the Tribunal 14
18. Repeal of spent transitional provisions 14
NOTES 15
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PARLIAMENT OF VICTORIA
A BILL
to amend the Legal Practice Act 1996 to alter the practising
certificate year from the calendar year to the financial year and for
other purposes.
Legal Practice (Practising Certificates)
Act 1999
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to amend the Legal
Practice Act 1996--
5 (a) to alter the practising certificate year from
the calendar year to the financial year and
deal with related matters; and
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(b) to allow for the appointment of additional
deputy registrars to the Legal Profession
Tribunal.
2. Commencement
5 (1) This Act (except Part 2) comes into operation on
the day on which it receives the Royal Assent.
(2) Part 2 comes into operation on 15 August 1999.
No. 35/1996. 3. Principal Act
Reprint No. 1
In this Act the Legal Practice Act 1996 is called
as at
16 December
10 the Principal Act.
1997. Further
amended by
Nos 46/1998,
52/1998,
62/1998 and
79/1998.
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PART 2--PRACTISING CERTIFICATE YEAR
4. Definitions
In section 3(1) of the Principal Act--
(a) in the definition of "audit year" for
5 "31 March" substitute "31 October";
(b) in the definition of "insolvent under
administration", after paragraph (c) insert--
"or
(d) a person for whom a debt agreement
10 has been made under Part IX of the
Bankruptcy Act 1966 of the
Commonwealth (or the corresponding
provisions of the law of another
jurisdiction) if the debt agreement has
15 not ended or has not been terminated;";
(c) after the definition of "practising certificate"
insert--
' "practising certificate year" means the
year ending on 30 June;'.
20 5. Duration of practising certificates
(1) In section 21(1) of the Principal Act for paragraph
(b) substitute--
"(b) subject to sub-section (3), is valid until the
following 30 June unless cancelled or
25 suspended sooner.".
(2) In section 21 of the Principal Act for sub-section
(2) substitute--
"(2) A practising certificate issued to an applicant
under section 23 (renewing practitioner)--
30 (a) subject to section 23(3C), takes effect
on 1 July in the year in which it is
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issued or at the time of issue, whichever
is the later; and
(b) subject to sub-section (3), is valid until
the following 30 June unless suspended
5 or cancelled sooner.".
(3) In section 21(3) of the Principal Act for "the end
of the calendar year" substitute "1 July in the
year".
6. Application for practising certificate
10 (1) After section 22(2)(b)(iv) of the Principal Act
insert--
"(v) except in the case of an incorporated
practitioner, a nomination of the roll on
which the applicant wishes to be enrolled for
15 the purpose of elections of practitioner
members to the Board1; and".
(2) After section 22(2) of the Principal Act insert--
"(3) An RPA must notify the Board of
nominations made under sub-section
20 (2)(b)(v).
(4) A person--
(a) who applies under this section for a
practising certificate during the first
3 months of a practising certificate
25 year; and
(b) who was a current practitioner
immediately before the end of the
previous practising certificate year--
must pay a surcharge of 200% of the
30 prescribed fee for the certificate.
(5) Sub-section (4) does not apply if the
application is accompanied by a statutory
declaration from the applicant stating--
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(a) that the applicant has not engaged in
legal practice since the end of the
previous practising certificate year; and
(b) that, as at the end of the previous
5 practising certificate year, the applicant
did not intend to engage in legal
practice for at least the first 3 months of
the current practising certificate year;
and
10 (c) the reasons why the intention referred
to in paragraph (b) has changed.
(6) An RPA must forward each statutory
declaration received under sub-section (5) to
the Board.".
15 (3) In section 23 of the Principal Act--
(a) in sub-section (2) for paragraph (a)
substitute--
"(a) must be made on or before 30 April
(except as provided by section 23A) or,
20 in the case of a person who is not a
current practitioner on 30 April, on or
before 30 June; and";
(b) in sub-section (2)(c) for sub-paragraph (iii)
substitute--
25 "(iii) except in the case of an incorporated
practitioner, a nomination of the roll on
which the applicant wishes to be
enrolled for the purpose of elections of
practitioner members to the Board2;
30 and".
(4) In section 23 of the Principal Act, for sub-section
(3) substitute--
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"(3) An RPA must notify the Board of
nominations made under sub-section
(2)(c)(iii).
(3A) An applicant under this section must, on or
5 before 31 May, give the RPA or the Board
(as the case requires) satisfactory evidence,
in a form approved by the Board, that the
applicant has professional indemnity
insurance as required by this Act in respect
10 of the year for which the practising
certificate is sought.
(3B) If, as at 31 May, an applicant under this
section--
(a) has not complied with sub-section
15 (3A); or
(b) has not complied with section 184 in
relation to the preceding audit year; or
(c) has not restored a deficiency in the
applicant's trust account as revealed by
20 the audit report in relation to that
account--
the RPA or the Board (as the case requires)
must give notice to the applicant on or before
15 June of the failure to comply or to restore
25 the deficiency.
(3C) A practising certificate issued on application
under this section does not take effect--
(a) in the circumstances referred to in sub-
section (3B)(a) or (b)--until the
30 applicant has remedied the failure to
comply to the satisfaction of the RPA
or the Board (as the case requires); or
(b) in the circumstances referred to in sub-
section (3B)(c)--until the deficiency
35 has been restored to the satisfaction of
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the RPA or the Board (as the case
requires).
(3D) A legal practitioner whose practising
certificate does not take effect because of
5 sub-section (3C) must surrender it to the
RPA that issued it or the Board within
14 days after being requested to do so by the
RPA or the Board, unless the certificate has
taken effect in the meantime.
10 Penalty: 20 penalty units.".
7. New section 23A inserted
After section 23 of the Principal Act insert--
"23A. Late application for practising certificate
(1) A current practitioner may apply under
15 section 23 for a new practising certificate
after 30 April in any year on payment of a
surcharge of--
(a) if the application is made on or before
31 May--25% of the prescribed fee for
20 the new certificate;
(b) if the application is made after 31
May--50% of the prescribed fee for the
new certificate.
(2) The RPA or the Board (as the case requires)
25 may refund all or part of a surcharge paid
under sub-section (1) if it considers that
there are special circumstances.
(3) This section does not apply to a person who
was not a current practitioner on 30 April in
30 the relevant year.".
8. Trust account irregularities
In section 27 of the Principal Act--
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(a) in sub-section (1) for "Subject to sub-section
(2), an RPA or the Board must refuse to
issue a practising certificate authorising the
receipt of trust money" substitute "An RPA
5 or the Board may refuse to issue a practising
certificate";
(b) sub-sections (2) and (3) are repealed.
9. Refunds
In section 29(6) of the Principal Act--
10 (a) for "whole year" (where twice occurring)
substitute "whole practising certificate
year";
(b) for "calendar year" substitute "practising
certificate year".
15 10. Suspension of practising certificate for failure to pay
contribution
In the Principal Act--
(a) in section 35 after "due date" insert "a
contribution required to be paid by section
20 202 or";
(b) in section 36(1) before "levy" (where twice
occurring) insert "contribution or".
11. Re-allocation of practitioners
In the Principal Act--
25 (a) in section 46(3) for "calendar year"
substitute "practising certificate year";
(b) in section 47(1) for "30 November in any
year" substitute "31 May in any practising
certificate year";
30 (c) in sections 47(2) and 48(3) for "calendar
year" substitute "practising certificate year".
12. Annual report of trust account audits
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In section 184 of the Principal Act--
(a) in sub-sections (1) and (2)--
(i) for "31 July" substitute "28 February";
(ii) for "31 March" substitute
5 "31 October";
(b) in sub-section (3) for "30 April" substitute
"30 November".
13. Fidelity Fund contributions
(1) In section 201 of the Principal Act--
10 (a) in sub-section (1) for "calendar year"
substitute "practising certificate year";
(b) in sub-section (2)--
(i) for "30 September" (where twice
occurring) substitute "30 April";
15 (ii) for "30 November" substitute
"31 May".
(2) In section 202(2), (2A) and (3) of the Principal
Act for "calendar year" (wherever occurring)
substitute "practising certificate year".
20 (3) After section 202(4) of the Principal Act insert--
"(4A) A contribution referred to in sub-section (1)
is payable--
(a) at the time of applying for the
practising certificate or variation; or
25 (b) if the amount of the contribution has
not been determined by that time--at
the time fixed by the Board.".
14. Enrolment for Board elections
In section 365(3) of the Principal Act--
30 (a) after "under this section" insert "or
notification under section 22(3) or 23(3)";
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(b) for paragraph (a) substitute--
"(a) in the case of a notice under sub-section
(1) or notification under section 22(3)
or 23(3), enrol the practitioner on the
5 roll nominated by him or her and the
combined roll;".
15. Refunds payable out of Legal Practice Fund
In section 391(3)(c) of the Principal Act after
"section" insert "23A(2),".
10 16. Transitional arrangements for 19992001
For Part 12 of Schedule 2 to the Principal Act
substitute--
'PART 12--TRANSITIONAL ARRANGEMENTS
FOR CHANGE OF PRACTISING CERTIFICATE
15 AND AUDIT YEARS
57. Application of Part
This Part applies despite anything to the contrary in
Division 4 of Part 2, Division 2 or 3 of Part 6 or
Division 1 of Part 7 of this Act or in the Legal
20 Practice (Fees) Regulations 1997.
58. 1999 practising certificates
(1) A practising certificate in force immediately before 15
August 1999 is valid until 31 December 1999 unless
suspended or cancelled sooner.
25 (2) A practising certificate issued on an application under
section 22 on or after 15 August 1999 but before 31
December 1999 is valid until 31 December 1999
unless suspended or cancelled sooner.
59. Practising certificate for 20002001 (renewing
30 practitioners)
(1) This clause applies to an application under section 23
for a new practising certificate by a person who is a
current practitioner in 1999.
(2) The application must be made on or before
35 31 October 1999.
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(3) The evidence required by section 23(3A) must be
given to the RPA or the Board by 30 November 1999.
(4) A current practitioner who is a regulated practitioner
of the Bar complies with section 23(3A) if he or she
5 gives the Bar satisfactory evidence of professional
indemnity insurance, as required by this Act, in
respect of the period from and including 1 January
2000 to 30 June 2000.
(5) A current practitioner who is a regulated practitioner
10 of the Bar must, on or before 31 May 2000, give the
Bar satisfactory evidence, in a form approved by the
Board, that the practitioner has professional
indemnity insurance as required by this Act in respect
of the period from and including 1 July 2000 to 30
15 June 2001.
(6) Section 23(3B) applies as if a reference in that
section--
(a) to 31 May were a reference to 30 November;
and
20 (b) to 15 June were a reference to 15 December.
(7) Section 23A applies to the application as if a
reference in that section--
(a) to 30 April were a reference to 31 October; and
(b) to 31 May were a reference to 30 November.
25 (8) The prescribed fee payable for the practising
certificate is 150% of the fee otherwise payable for
the certificate.
(9) A practising certificate issued in response to the
application--
30 (a) subject to section 23(3C), takes effect on
1 January 2000 or the time of issue, whichever
is the later; and
(b) subject to section 21(3), is valid until 30 June
2001 unless suspended or cancelled sooner.
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60. Practising certificate for 20002001 (new or former
practitioners)
(1) This clause applies to an application under section 22
for a practising certificate that is issued on or after
5 1 January 2000 but before 30 June 2000.
(2) The prescribed fee payable for the practising
certificate is to be determined in accordance with the
formula--
B
F = 1 5A ×
547
10 where--
F is the fee;
A is the fee otherwise payable for the certificate if it
were valid for a 12 month period;
B is the number of days for which the certificate is
15 valid.
(3) A practising certificate issued in response to the
application is valid until 30 June 2001 unless
suspended or cancelled sooner.
61. Variation of practising certificate conditions
20 (1) This clause applies to an application under section 29
for variation of the conditions of a practising
certificate that is valid until 30 June 2001.
(2) Section 29 applies to an application referred to in sub-
clause (1) as if--
25 (a) a reference in sub-section (6) of that section to
a practising certificate year were a reference to
the period from and including 1 January 2000
to 30 June 2001; and
(b) for the formula in sub-section (6) of that
30 section there were substituted--
D
" A = (B - C) × ".
547
62. Statutory deposit and audit requirements
For the purposes of Divisions 2 and 3 of Part 6 of this
Act, the period from and including 1 April 1999 to 31
35 October 2000, is deemed to be an audit year.
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63. Fidelity Fund contributions for 20002001
For the purpose of determining contributions to the
Fidelity Fund, section 201 applies as if a reference in
that section--
5 (a) to the prescribed date in 1999 were a reference
to 30 September 1999 or such later date up to
30 November 1999 as the Attorney-General
may fix by notice published in the Government
Gazette before 30 September 1999; and
10 (b) to the immediately following practising
certificate year in respect of 1999 were a
reference to the period from and including
1 January 2000 to 30 June 2001.'.
_______________
15
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s. 17
Act No.
PART 3--FURTHER AMENDMENTS TO PRINCIPAL ACT
17. Additional deputy registrars of the Tribunal
In the Principal Act--
(a) in sections 103(1) and 131(2) for "deputy
5 registrar" substitute "a deputy registrar";
(b) in sections 132(b) and 158(1) for "the deputy
registrar" substitute "a deputy registrar";
(c) in sections 160(1)(b), 162(4), 165(1), 167
and 169A(4) for "deputy registrar"
10 substitute "a deputy registrar";
(d) in section 393--
(i) in sub-section (2)(b) for "a deputy
registrar" substitute "one or more
deputy registrars";
15 (ii) in sub-section (3) for "deputy registrar"
substitute "deputy registrars";
(e) in section 400(1) for "deputy registrar"
substitute "a deputy registrar";
(f) in section 404(1) for "deputy registrar"
20 (where first occurring) substitute "a deputy
registrar";
(g) in clauses 20(1)(d) and 21(3)(e) of
Schedule 2 for "deputy registrar" substitute
"a deputy registrar".
25 18. Repeal of spent transitional provisions
In Schedule 2 to the Principal Act clauses 5, 6, 9,
10, 15, 16, 27(1) and (2), 30, 50, 52, 53, 55 and 56
are repealed.
30
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Notes
Act No.
NOTES
1
S. 6(1): Section 365(4) provides that a person may be enrolled on the roll of
advocates only if he or she engages in legal practice primarily as an
advocate.
2
S. 6(3)(b): See note 1.
By Authority. Government Printer for the State of Victoria.
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