LEGAL CONTRIBUTION TRUST ACT 1967 - SECT 4

This legislation has been repealed.

LEGAL CONTRIBUTION TRUST ACT 1967 - SECT 4

4 .         Interpretation

        (1)         In this Act, unless a contrary or other intention appears —

        bank means —

            (a)         an ADI (authorised deposit-taking institution) as defined in section 5 of the Banking Act 1959 of the Commonwealth; or

            (b)         a bank constituted by a law of a State or the Commonwealth;

        financial year means the period of 12 months ending on 30 June;

        Guarantee Fund means the Solicitors’ Guarantee Fund established by section 16;

        Minister means the Minister of the Crown for the time being holding office as Attorney General;

        practitioner has the same meaning as “legal practitioner” in the Legal Practice Act 2003 and, for the purposes of Parts III and IV, where a practitioner practises in partnership with other practitioners, and no other person, the expression includes the partnership;

        prescribed means prescribed by the regulations;

        professional defalcation means the stealing or fraudulent conversion, by a practitioner, by any one or more of his employees or by a practitioner with whom he shares remuneration (other than as principal and agent), of money or other property at any time entrusted to him, them or any of them, for or on behalf of another person, in the course of the practitioner’s practice;

        Society means the Law Society of Western Australia, a body incorporated under the Associations Incorporation Act 1895 ² ;

        the Court means the Supreme Court of Western Australia;

        Trust means the Legal Contribution Trust established by section 5;

        trust account means a bank account maintained pursuant to the provisions of the Legal Practice Act 2003 , for the purposes of a trust account within the meaning of that Act; but the expression does not include a bank account so maintained for the exclusive benefit of a specific person or specific persons.

        (2)         A word or expression used in this Act has the same meaning as it has in the Legal Practice Act 2003 unless —

            (a)         this Act gives it another meaning; or

            (b)         the contrary intention appears.

        [Section 4 amended by No. 10 of 1972 s. 2; No. 8 of 1973 s. 3; No. 136 of 1976 s. 4; No. 86 of 1990 s. 7; No. 65 of 2003 s. 75.]