Victorian Consolidated Legislation

Legal Profession Act 2004 - SECT 2.4.13.

Conditions generally

2.4.13. Conditions generally



(1) A local practising certificate is subject to-

   (a)  any conditions determined by the Board under section 2.4.3(3); and

   (b)  any conditions imposed by the Board under section 2.4.14; and

   (c)  any conditions imposed by this or any other Act; and

   (d)  any conditions imposed or varied by the Tribunal under section 2.4.16;
        and

   (da) any conditions imposed or varied by the Board under section 2.4.21,
        2.4.24 or 2.4.28; and



   (e)  any conditions imposed under Chapter 4.

(2) If a condition is determined, imposed, varied or revoked under this Act
(other than a statutory condition) during the currency of the local practising
certificate concerned, the certificate is to be amended by the Board, or a new
certificate is to be issued by the Board, to reflect on its face the
imposition, variation or revocation.

(3) Within 14 days after a request from the Board, a local legal practitioner
must give his or her local practising certificate to the Board if, under
subsection (2)-

   (a)  the Board requires the certificate for the purposes of amending it; or

   (b)  the Board intends to issue a new certificate.

Penalty: 20 penalty units.

(4) A condition imposed by the Board or Tribunal must be reasonable and
relevant.



(5) A condition imposed by the Board or the Tribunal may include any of the
following-

   (a)  requiring the holder of the practising certificate to undertake and
        complete an academic or training course;

   (b)  controlling or restricting the operation of a trust account;

   (c)  restricting the holder to particular conditions concerning employment
        or supervision;

   (d)  a matter agreed by the holder.

(6) Subsection (5) does not limit the matters about which a condition may be
imposed on a practising certificate by the Board or the Tribunal.



(7) If the Board or the Tribunal imposes, varies or revokes a condition during
the currency of a local practising certificate, the condition, variation or
revocation takes effect when the holder has been notified of it or at a later
time specified by the Board or Tribunal (as the case requires).