Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACT
• authorised deposit-taking institution (or ADI)
• business day
• change
• contravene
• Commonwealth
• document
• entity
• exercise
• external territory
• financial year
• for
• foreign country
• function
• indictable offence
• individual
• in relation to
• may (see s 146)
• must (see s 146)
• power
• State
• Supreme Court
• territory law
• under.
"admissions board" means the Legal Practitioners Admissions Board established by section 558.
"admission rules" means rules relating to the admission of lawyers and associated matters made under the Court Procedures Act 2004 for part 2.3 (Admission of local lawyers), and includes any forms approved under that Act for those rules or that part.
"admission to the legal profession" means admission by a Supreme Court as—
(a) a lawyer; or
(b) a legal practitioner; or
(c) a barrister; or
(d) a solicitor; or
(e) a barrister and solicitor; or
(f) a solicitor and barrister;
under this Act or a corresponding law, but does not include the grant of a practising certificate under this Act or a corresponding law.
"affairs", of a law practice, includes the following:
(a) all accounts and records required under this Act to be kept by the practice or an associate or former associate of the practice;
Note This Act is defined in the dictionary.
(b) other records of the practice or an associate or former associate of the practice;
(c) any transaction to which the practice or an associate or former associate of the practice was or is a party;
(d) any transaction in which the practice or an associate or former associate of the practice has acted for a party.
"amend" includes—
(a) in relation to a practising certificate—
(i) impose a condition on the certificate; and
(ii) amend or revoke a condition already imposed on the certificate; and
(b) in relation to registration as a foreign lawyer—
(i) amend the lawyer's registration certificate; and
(ii) impose a condition on the registration; and
(iii) amend or revoke a condition already imposed on the registration.
"approved", for a policy of indemnity insurance, for part 3.3 (Professional indemnity insurance)—see section 312.
"approved ADI", for part 3.1 (Trust money and trust accounts)—see section 210 (2).
"approved policy of fidelity insurance", for part 3.5 (Mortgage practices and managed investment schemes)—see section 369.
"ASIC exemption", for part 3.5 (Mortgage practices and managed investment schemes)—see section 369.
"associate"—
(a) of a law practice, for the Act—see section 9; and
(b) of a solicitor, for part 3.5 (Mortgage practices and managed investment schemes)—see section 369.
"Australia", for part 2.7 (Legal practice—foreign lawyers)—see section 152.
"Australian law", for part 2.7 (Legal practice—foreign lawyers)—see section 152.
"Australian lawyer"—see section 7.
"Australian legal practitioner"—see section 8.
"Australian practising certificate" means a local practising certificate or an interstate practising certificate.
"Australian-registered foreign lawyer" means a locally-registered foreign lawyer or an interstate-registered foreign lawyer.
"Australian roll" means the local roll or an interstate roll.
"Australian trust account" means a local trust account or an interstate trust account.
"bar association" means the Australian Capital Territory Bar Association (ACN 008 481 258), a corporation incorporated under the Corporations Act.
"bar council" means the Council of the bar association.
"barrister" means—
(a) a local legal practitioner who holds a current barrister practising certificate; or
(b) an interstate legal practitioner who holds a current interstate practising certificate that entitles the practitioner to engage in legal practice only as or in the manner of a barrister.
"borrower", for part 3.5 (Mortgage practices and managed investment schemes)—see section 369.
"capping and sufficiency provisions", for part 3.4 (Fidelity cover)—see section 316.
"claim", for part 3.4 (Fidelity cover)—see section 316.
"claimant", for part 3.4 (Fidelity cover)—see section 316.
"client"—
(a) for part 3.2 (Costs disclosure and review)—see section 261; and
(b) for part 3.5 (Mortgage practices and managed investment schemes)—see section 369.
"commercial legal presence", for part 2.7 (Legal practice—foreign lawyers)—see section 152.
"compensation order", for part 4.8 (Compensation)—see section 441.
"complaint", for chapter 4 (Complaints and discipline)—see section 383.
"compliance certificate"—see section 29 (Compliance certificates).
"complying community legal centre"—see section 208.
"concerted interstate default", for part 3.4 (Fidelity cover)—see section 316.
"conditional costs agreement", for part 3.2 (Costs disclosure and review)—see section 261.
"conditions" means conditions, limitations or restrictions.
"conduct", for chapter 4 (Complaints and discipline)—see section 383.
"connected", for part 6.3 (Entry and search of premises)—see section 529.
"contributor", for part 3.5 (Mortgage practices and managed investment schemes)—see section 369.
"contributory", for part 3.5 (Mortgage practices and managed investment schemes)—see section 369.
"controlled money"—see section 210 (1).
"controlled money account", for part 3.1 (Trust money and trust accounts)—see section 210 (2).
"conviction"—see section 13.
"corporation", for part 2.6 (Incorporated legal practices and multidisciplinary partnerships)—see section 99.
"corresponding authority" means—
(a) an entity with functions under a corresponding law; or
(b) when used in the context of an entity having functions under this Act (the "local authority")—
(i) an entity with corresponding functions under a corresponding law; and
(ii) without limiting subparagraph (i), if the functions of the local authority relate to local lawyers or local legal practitioners generally or are limited to any particular class of local lawyers or local legal practitioners—an entity having corresponding functions under a corresponding law, whether or not they relate to interstate lawyers or interstate legal practitioners generally or are limited to any particular class of interstate lawyers or interstate legal practitioners.
"corresponding disciplinary body" means—
(a) a court or tribunal with functions under a corresponding law that correspond to any of the functions of the disciplinary tribunal; or
(b) the Supreme Court of another jurisdiction exercising—
(i) its inherent jurisdiction or powers in relation to the control and discipline of any Australian lawyer; or
(ii) its jurisdiction or powers to make orders under a corresponding law of the other jurisdiction in relation to any Australian lawyer.
"corresponding foreign law" means the following:
(a) a law of a foreign country that corresponds to the relevant provisions of this Act or, if a regulation is made declaring a law of the foreign country to be a law that corresponds to this Act, the law declared under that regulation for the foreign country;
(b) if the term is used in relation to a matter that happened before the commencement of the law of a foreign country that, under paragraph (a), is the corresponding law for the foreign country—a previous law applying to legal practice in the foreign country.
"corresponding law" means the following:
(a) a law of another jurisdiction that corresponds to the relevant provisions of this Act or, if a regulation is made declaring a law of the other jurisdiction to be a law that corresponds to this Act, the law declared under that regulation for the other jurisdiction;
(b) if the term is used in relation to a matter that happened before the commencement of the law of another jurisdiction that, under paragraph (a), is the corresponding law for the other jurisdiction—a previous law applying to legal practice in the other jurisdiction.
"costs agreement", for part 3.2 (Costs disclosure and review)—see section 261.
"costs review", for part 3.2 (Costs disclosure and review)—see section 261.
"council "means the bar council or law society council.
"data", for part 6.3 (Entry and search of premises)—see section 529.
"data storage device", for part 6.3 (Entry and search of premises)—see section 529.
"default", in relation to a law practice, for part 3.4 (Fidelity cover)—see section 316.
"director", for part 2.6 (Incorporated legal practices and multidisciplinary partnerships)—see section 99.
"disbursements", for part 3.2 (Costs disclosure and review)—see section 261.
"disciplinary action", for part 4.9 (Publicising disciplinary action)—see section 447.
"disciplinary tribunal" means the Legal Practitioners Disciplinary Tribunal established under section 563.
"disciplinary tribunal trust account"—see section 574 (2).
"dishonesty", for part 3.4 (Fidelity cover)—see section 316.
"disqualified person", for part 2.6 (Incorporated legal practices and multidisciplinary partnerships)—see section 99.
"engage in legal practice" includes practise law.
"external examination", for part 3.1 (Trust money and trust accounts)—see section 210 (2).
"external examiner", for part 3.1 (Trust money and trust accounts)—see section 210 (2).
"external intervener", for chapter 5 (External intervention)—see section 473.
"external intervention", for chapter 5 (External intervention)—see section 473.
"fidelity fund"—see section 320.
"financial institution", for part 3.5 (Mortgage practices and managed investment schemes)—see section 369.
"foreign law", for part 2.7 (Legal practice—foreign lawyers)—see section 152.
"foreign law practice", for part 2.7 (Legal practice—foreign lawyers)—see section 152.
"foreign licensing body", for part 2.7 (Legal practice—foreign lawyers)—see section 152.
"foreign roll" means an official roll of lawyers (whether admitted, practising or otherwise) kept in a foreign country, but does not include a roll prescribed by regulation.
"general trust account", for part 3.1 (Trust money and trust accounts)—see section 210 (2).
"grant" an interstate practising certificate includes issue an interstate practising certificate.
"home jurisdiction"—see section 10.
"incorporated legal practice"—see section 101.
"information notice"—see section 12.
"insolvent under administration" means—
(a) a person who is an undischarged bankrupt within the meaning of the Bankruptcy Act 1966 (Cwlth) (or the corresponding provisions of the law of a foreign country or external territory); or
(b) a person who has executed a personal insolvency agreement under the Bankruptcy Act 1966 (Cwlth) (or the corresponding provisions of the law of a foreign country or external territory) but not if the agreement has been set aside or terminated or all of the obligations created by the agreement have been discharged; or
(c) a person for whom a debt agreement has been made under the Bankruptcy Act 1966 (Cwlth), part 9 (or the corresponding provisions of the law of a foreign country or external territory) if the debt agreement has not ended or has not been terminated; or
(d) a person who has executed a deed of arrangement under the Bankruptcy Act 1966 (Cwlth), part 10 (or the corresponding provisions of the law of a foreign country or external territory) if the terms of the deed have not been fully complied with; or
(e) a person whose creditors have accepted a composition under the Bankruptcy Act 1966 (Cwlth), part 10 (or the corresponding provisions of the law of a foreign country or external territory) if a final payment has not been made under the composition.
"interstate lawyer"—see section 7.
"interstate legal practitioner"—see section 8.
"interstate practising certificate" means a current practising certificate granted under a corresponding law.
"interstate-registered foreign lawyer" means a person who is registered as a foreign lawyer under a corresponding law.
"interstate roll" means a roll of lawyers kept under a corresponding law.
"interstate trust account" means a trust account kept under a corresponding law.
"investigation", for part 3.1 (Trust money and trust accounts)—see section 210 (2).
"investigator", for part 3.1 (Trust money and trust accounts)—see section 210 (2).
"itemised bill", for part 3.2 (Costs disclosure and review)—see section 261.
"judicial member", of the disciplinary tribunal—see section 566 (3).
"jurisdiction" means a State or Territory.
"law firm" means a partnership consisting only of—
(a) Australian legal practitioners; or
(b) 1 or more Australian legal practitioners and 1 or more Australian-registered foreign lawyers.
"law practice" means—
(a) for the Act—
(i) an Australian legal practitioner who is a sole practitioner; or
(ii) a law firm; or
(iii) a multidisciplinary partnership; or
(iv) an incorporated legal practice; and
(b) for part 3.1—see section 218 (2).
"law society" means the Law Society of the Australian Capital Territory established under section 576.
"law society council" means the Council of the law society.
"lay associate", of a law practice—see section 9.
"legal costs" means amounts that a person has been or may be charged by, or is or may become liable to pay to, a law practice for the provision of legal services including disbursements but not including interest.
"legal practitioner associate", of a law practice—see section 9.
"legal practitioner director", of an incorporated legal practice—see section 99.
"legal practitioner partner", of a multidisciplinary partnership—see section 99.
"legal profession rules" means rules made under part 7.4.
"legal services" means work done, or business transacted, in the ordinary course of legal practice.
"lender", for part 3.5 (Mortgage practices and managed investment schemes)—see section 369.
"licensing body" means the law society council.
"litigious matter", for part 3.2 (Costs disclosure and review)—see section 261.
"local lawyer"—see section 7.
"local legal practitioner"—see section 8.
"local practising certificate" means a current practising certificate granted under this Act.
"local registration certificate", for part 2.7 (Legal practice—foreign lawyers)—see section 152.
"local roll" means the roll of lawyers kept under this Act.
"local trust account" means a trust account kept under this Act.
"locally-registered foreign lawyer" means a person who is registered as a foreign lawyer under this Act.
"lump sum bill", for part 3.2 (Costs disclosure and review)—see section 261.
"managed investment scheme"—see the Corporations Act, section 9.
"member", of a managed investment scheme, for part 3.5 (Mortgage practices and managed investment schemes)—see section 369.
"mortgage" means an instrument under which an interest in real property is charged, encumbered or transferred as security for the payment or repayment of money, and includes—
(a) an instrument prescribed by regulation for this definition; and
(b) a proposed mortgage.
"mortgage financing" means facilitating a loan secured or intended to be secured by mortgage by—
(a) acting as an intermediary to match a prospective lender and borrower; or
(b) arranging the loan; or
(c) receiving or dealing with payments for the purposes of, or under, the loan;
but does not include providing legal advice or preparing an instrument for the loan.
"multidisciplinary partnership"—see section 134.
"non-judicial member", of the disciplinary tribunal—see section 572 (2).
"occupier", for part 6.3 (Entry and search of premises)—see section 529.
"offence", for part 6.3 (Entry and search of premises)—see section 529.
"officer", for part 2.6 (Incorporated legal practices and multidisciplinary partnerships)—see section 99.
"official complaint", for chapter 44 (Complaints and discipline)—see section 383.
"overseas-registered foreign lawyer", for part 2.7 (Legal practice—foreign lawyers)—see section 152.
"pecuniary loss", in relation to a default, for part 3.4 (Fidelity cover)—see section 316.
"permanent form", in relation to a trust record, for part 3.1 (Trust money and trust accounts)—see section 210 (2) and (3).
"person assisting", for part 6.3 (Entry and search of premises)—see section 529.
"practical legal training" means—
(a) legal training by participation in course work; or
(b) legal training under the supervision of an Australian lawyer, whether involving articles of clerkship or otherwise; or
(c) a combination of both kinds of legal training.
"practise foreign law", for part 2.7 (Legal practice—foreign lawyers)—see section 152.
"premises" includes land or a structure or vehicle and any part of an area of land or a structure or vehicle.
"prescribed relationship", for part 3.5 (Mortgage practices and managed investment schemes)—see section 369.
"principal", of a law practice—see section 9.
"professional misconduct"—see section 387.
"professional obligations", of an Australian legal practitioner, for part 2.6 (Incorporated legal practices and multidisciplinary partnerships)—see section 99.
"quashing", of a conviction for an offence—see section 13.
"register of disciplinary action"—see section 448.
"registered", used in relation to a foreign country, for part 2.7 (Legal practice—foreign lawyers)—see section 152.
"registrar" means the registrar of the Supreme Court.
"regulated mortgage", for part 3.5 (Mortgage practices and managed investment schemes)—see section 369.
"regulated property", for a law practice, for chapter 5 (External intervention)—see section 473.
"regulatory authority" means—
(a) in relation to the ACT—
(i) a council; or
(ii) another authority having functions under this Act; or
(iii) an entity prescribed by regulation for this paragraph; or
(b) in relation to another jurisdiction, means—
(i) if there is only 1 regulatory authority for the other jurisdiction—that regulatory authority, unless subparagraph (iii) applies; or
(ii) if there are separate regulatory authorities for the other jurisdiction for different branches of the legal profession or for people who practise in a particular style of legal practice—the regulatory authority relevant to the branch or style concerned, unless subparagraph (iii) applies; or
(iii) if a regulation prescribes 1 or more regulatory authorities for the other jurisdiction either generally or for particular purposes—the prescribed regulatory authority or authorities.
"related body corporate", for part 2.6 (Incorporated legal practices and multidisciplinary partnerships)—see section 99.
"relevant council" means—
(a) in relation to an Australian legal practitioner who is, or a former Australian legal practitioner who was, a barrister or who is an applicant for grant of a barrister practising certificate—the bar council; or
(b) in relation to an Australian legal practitioner who is, or a former Australian legal practitioner who was, a solicitor or who is an applicant for grant of an unrestricted practising certificate or a restricted practising certificate—the law society council; or
(c) in relation to an employee, or former employee, of a solicitor—the law society council;
and includes the law society council in relation to the exercise of a function by the law society council as the licensing body.
"relevant jurisdiction", for part 3.4 (Fidelity cover)—see section 327.
"responsible entity", for part 3.5 (Mortgage practices and managed investment schemes)—see section 369.
"restricted practising certificate" means a local practising certificate or interstate practising certificate that is not an unrestricted practising certificate or barrister practising certificate.
"run-out mortgage", for part 3.5 (Mortgage practices and managed investment schemes)—see section 369.
"scale of costs", for part 3.2 (Costs disclosure and review)—see section 261.
"search warrant", for part 6.3 (Entry and search of premises)—see section 529.
"serious offence" means an offence whether committed in or outside the ACT that is—
(a) an indictable offence against a law of the Commonwealth or any jurisdiction (whether or not the offence is or may be dealt with summarily); or
(b) an offence against a law of another jurisdiction that would be an indictable offence against a territory law if committed in the ACT (whether or not the offence could be dealt with summarily if committed in the ACT); or
(c) an offence against a law of a foreign country that would be an indictable offence against a territory law or a law of the Commonwealth if committed in the ACT (whether or not the offence could be dealt with summarily if committed in the ACT).
"show-cause event", in relation to a person, means—
(a) the person becoming an insolvent under administration; or
(b) the person being convicted of a serious offence or tax offence, whether or not—
(i) the offence was committed in or outside the ACT; or
(ii) the offence was committed while the person was engaging in legal practice as an Australian legal practitioner or was practising foreign law as an Australian-registered foreign lawyer; or
(iii) other people are prohibited from disclosing the identity of the offender.
"sole practitioner" means an Australian legal practitioner who engages in legal practice on his or her own account.
"solicitor" means—
(a) a local legal practitioner who holds a current unrestricted practising certificate or restricted practising certificate; or
(b) an interstate legal practitioner who holds an interstate practising certificate that does not restrict the practitioner to engage in legal practice only as or in the manner of a barrister.
"statutory interest account"—see section 253.
"suitability matter", for an individual—see section 11.
"supervised legal practice" means legal practice by a person who is an Australian legal practitioner—
(a) as an employee of a law practice, if—
(i) at least 1 partner, legal practitioner director or other employee of the law practice is an Australian legal practitioner who holds an unrestricted practising certificate; and
(ii) the person engages in legal practice under the supervision of an Australian legal practitioner mentioned in subparagraph (i); or
(b) as a partner in a law firm, if—
(i) at least 1 other partner is an Australian legal practitioner who holds an unrestricted practising certificate; and
(ii) the person engages in legal practice under the supervision of an Australian legal practitioner mentioned in subparagraph (i); or
(c) in a capacity approved under the legal profession rules.
"tax offence" means any offence against the Taxation Administration Act 1953 (Cwlth), whether committed in or outside the ACT.
"territory regulated mortgage", for part 3.5 (Mortgage practices and managed investment schemes)—see section 369.
"territory regulated mortgage practice", for part 3.5 (Mortgage practices and managed investment schemes)—see section 369.
"this Act" includes the admission rules and any other rules made under the Court Procedures Act 2004 for this Act.
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation or legal profession rule (see Legislation Act, s 104).
"transit money"—see section 210 (1).
"trust account", for part 3.1 (Trust money and trust accounts)—see section 210 (2) and (3).
"trust money" means money entrusted to a law practice in the course of or in connection with the provision of legal services by the law practice for or on behalf of another person, and includes—
(a) money received on account of legal costs in advance of providing the services; and
(b) controlled money; and
(c) transit money; and
(d) money controlled by a law practice (or by an associate of the practice, whether alone or with another associate) under a power to deal with money for or on behalf of someone else that is—
(i) exercisable by the practice (or by an associate of the practice, whether alone or with another associate); or
(ii) exercisable jointly and severally with the person or a nominee or nominees of the person;
but does not include money to which section 211 (Money involved in financial services or investments) applies.
"trust property" means property entrusted to a law practice in the course of or in connection with the provision of legal services by the practice, but does not include trust money.
"trust records", for part 3.1 (Trust money and trust accounts)—see section 210 (2) and (3).
"uplift fee", for part 3.2 (Costs disclosure and review)—see section 261.
"unrestricted practising certificate" means a local practising certificate that is an unrestricted practising certificate or an interstate practising certificate that—
(a) is not subject to a condition under a corresponding law similar to the condition under section 49 (Statutory condition about practice as solicitor) or a similar condition under a corresponding law; and
(b) is not subject to a condition that restricts the holder of the certificate to practise only as or in the manner of a barrister; and
(c) is not subject to any other condition (other than a condition requiring the holder of the certificate to undertake and complete 1 or more courses of continuing legal education or a condition prescribed by regulation); and
(d) is not subject to a condition similar to a condition under section 49 and whose holder would not be subject to a condition under that section if the holder were to apply for and be granted a local practising certificate.
"unsatisfactory employment conduct"—see section 388.
"unsatisfactory professional conduct"—see section 386.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 4 May 2006.
2 Notification
Notified under the Legislation Act on 21 June 2006.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
I certify that the above is a true copy of the Legal Profession Bill
2006, which was passed by the Legislative Assembly on 6 June 2006.
Clerk of the Legislative Assembly
© Australian Capital Territory 2006