Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) A law practice must not have a person as a lay associate if—
(a) the law practice knows that the person—
(i) is a disqualified person; or
(ii) has been convicted of a serious offence; and
(b) the person is not approved by the relevant council.
(2) The relevant council may, on application, approve a lay associate for this section.
(3) An approval under this section may be subject to stated conditions.
(4) A person may appeal to the Supreme Court against a decision of the relevant council under subsection (2) or (3).
(5) A person commits an offence if—
(a) the person is—
(i) a disqualified person; or
(ii) a person who has been convicted of a serious offence; and
(b) the person applies to become a lay associate of a law practice; and
(c) the person has not told the law practice of the disqualification or conviction.
Maximum penalty: 50 penalty units.
(6) This section does not apply in circumstances prescribed by regulation.
(7) In this section:
"disqualified person" means any of the following people:
(a) a person whose name has been removed from an Australian roll (whether or not at the request of the person) and who has not later been admitted to the legal profession under this Act or a corresponding law;
(b) a person who is not an Australian legal practitioner because the person's Australian practising certificate has been cancelled under this Act or a corresponding law;
(c) a person whose Australian practising certificate has been suspended under this Act or a corresponding law and in relation to whom the suspension is in force;
(d) a person who has been refused a renewal of an Australian practising certificate under this Act or a corresponding law and who has not later been granted an Australian practising certificate;
(e) a person who is the subject of an order under this Act or a corresponding law prohibiting a law practice from employing or paying the person in relation to the practice;
(f) a person who is the subject of an order under this Act or a corresponding law prohibiting an Australian legal practitioner from being a partner of the person in a business that includes the practitioner's practice;
(g) a person who is the subject of an order under section 123 (Disqualification from managing incorporated legal practice) or section 148 (Prohibition on partnerships with certain partners who are not Australian legal practitioners) or under a provision of a corresponding law that corresponds to section 123 or section 148.