AUSTRALIAN CAPITAL TERRITORY

Legal Practitioners (Amendment) Act (No. 3) 1991
No. 92 of 1991

TABLE OF PROVISIONS
Section		
	1.	Short title
	2.	Principal Act
	3.	Interpretation
	4.	Incorporation of Law Society
	5.	Precedence of barristers and solicitors
	6.	Barristers and Solicitors Admission Board
	7.	Vacation of the office of members of Admission Board
	8.	Limitations on issue of unrestricted practising certificates
	9.	Effect of bankruptcy on unrestricted practising certificate
	10.	Substitution
	25A.	Remuneration and allowances
	11.	Secretary to Disciplinary Committee
	12.	Inquiry by Disciplinary Committee
	13.	Disciplinary Committee may summon witnesses etc.
	14.	Refusal to be sworn or give evidence
	15.	Protection of member of Disciplinary Committee etc.
	16.	Fees and allowances to witnesses
	17.	Repeal
	18.	Furnishing of information
	19.	Interpretation
	20.	Unrestricted practising certificates—restrictions on issue
	21.	Failure to pay levy
	22.	Audit of trust accounts
	23.	Interim auditors’ report
	24.	Secrecy
	25.	Production of books etc.
	26.	Secrecy
	27.	Statutory Interest Account
	28.	Arrangement relating to trust bank account
	29.	Audit of deposits etc.
	30.	Interpretation
	31.	Fidelity Fund
	32.	Interpretation
	33.	Time for making applications
	34.	Appointment of receiver
	35.	Secrecy
	36.	Destroying or concealing records
	37.	Holding out as qualified
	38.	Preparation of documents
	39.	Preparation of probate etc. papers
	40.	Offences by corporations
	41.	Repeal
	42.	Corporations Law

AUSTRALIAN CAPITAL TERRITORY

Legal Practitioners (Amendment) Act (No. 3) 1991 
No. 92 of 1991
	
An Act to amend the Legal Practitioners Act 1970
			[Notified in ACT Gazette S155: 24 December 1991]
	The Legislative Assembly for the Australian Capital Territory enacts as follows:
Short title
1.  This Act may be cited as the Legal Practitioners (Amendment) Act (No. 3) 1991.
Principal Act
2.  In this Act, “Principal Act” means the Legal Practitioners Act 1970.1
Interpretation
3.  Section 5 of the Principal Act is amended—
	(a)	by omitting “Barristers and Solicitors” from the definition of “the Disciplinary Committee”; and
	(b)	by inserting the following definition:
“ ‘Statutory Interest Account’ means an account opened and maintained in accordance with subsection 74A (2);”.
Incorporation of Law Society
4.  Section 6 of the Principal Act is amended—
	(a)	by omitting subsection (4); and
	(b)	by omitting from subsection (9) “at any time after the thirtieth day of June, 1972, unless his” and substituting “unless his or her”.
Precedence of barristers and solicitors
5.  Section 6B of the Principal Act is amended—
	(a)	by inserting in subsection (2) “or her” after “his”; and
	(b)	by inserting in subsections (2) and (3) “or another Territory” after “State” (wherever occurring).
Barristers and Solicitors Admission Board
6.  Section 7 of the Principal Act is amended by omitting subsection (5) and substituting the following subsection:
“(5)  The Registrar, or a person nominated for the purpose by the Registrar, shall be the Secretary to the Admission Board.”.
Vacation of the office of members of Admission Board
7.  Section 8 of the Principal Act is amended by omitting paragraph (2) (a) and substituting the following paragraph:
	“(a)	becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for the benefit of creditors;”.
Limitations on issue of unrestricted practising certificates
8.  Section 15E of the Principal Act is amended by inserting in subparagraph (1) (a) (iii) “of the Commonwealth” after “Department”.
Effect of bankruptcy on unrestricted practising certificate
9.  Section 15H of the Principal Act is amended by inserting in subsection (1) “applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for the benefit of creditors,” after “bankrupt,”.
Substitution
10.  Section 25A of the Principal Act is repealed and the following section substituted:
Remuneration and allowances
“25A.  (1)  A member of the Disciplinary Committee shall be paid such remuneration and allowances as are determined in writing by the Attorney‑General.
“(2)  Subsection (1) does not apply—
	(a)	in relation to remuneration—if there is a subsisting determination relating to the remuneration to be paid to the member; or
	(b)	in relation to an allowance of a particular kind—if there is a subsisting determination relating to an allowance of that kind to be paid to the member.
“(3)  Payments under this section shall be made by the Law Society out of moneys standing to the credit of a Statutory Interest Account.
“(4)  An instrument referred to in subsection (1) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.
“(5)  In subsection (2)—
‘determination’ means a determination of the Remuneration Tribunal of the Commonwealth.”.
Secretary to Disciplinary Committee
11.  Section 26 of the Principal Act is amended by adding at the end the following subsection:
“(2)  If the Secretary—
	(a)	is a barrister and solicitor; and
	(b)	is not employed by the Law Society;
the Secretary is entitled to be paid as if he or she is a member of the Disciplinary Committee.”.
Inquiry by Disciplinary Committee
12.  Section 30 of the Principal Act is amended by omitting from subsection (3B) “$500” and substituting “$1,000”.
Disciplinary Committee may summon witnesses etc.
13.  Section 32 of the Principal Act is amended by omitting the penalty at the foot of subsection (2) and substituting the following penalty:
“Penalty:  $5,000 or imprisonment for 6 months, or both.”.
Refusal to be sworn or give evidence
14.  Section 35 of the Principal Act is amended—
	(a)	by inserting in subsection (1) “, without reasonable excuse,” after “shall not”; and
	(b)	by omitting the penalty at the foot of subsection (1) and substituting the following penalty:
“Penalty:  $5,000 or imprisonment for 6 months, or both.”.
Protection of member of Disciplinary Committee etc.
15.  Section 38 of the Principal Act is amended—
	(a)	by inserting in subsection (1) “, or the Secretary to,” after “member of”; and
	(b)	by omitting from subsection (1) “the duties of a member” and substituting “his or her duties”.
Fees and allowances to witnesses
16.  Section 39 of the Principal Act is amended by omitting from subsection (1) all the words after “travelling expenses” and substituting “as the person would be entitled to receive if he or she was appearing as a witness before the Supreme Court.”.
Repeal
17.  Section 42K of the Principal Act is repealed.
Furnishing of information
18.  Section 42M is amended—
	(a)	by inserting in subsection (2) “, without reasonable excuse,” after “shall not”; and
	(b)	by omitting “$250” and substituting “$5,000 or imprisonment for 6 months, or both”.
Interpretation
19.  Section 42O of the Principal Act is amended—
	(a)	by omitting the definition of “company” and substituting the following definition:
“ ‘company’ means the company managing the Indemnity Fund;”
	(b)	by adding “1898 of the State of New South Wales, as continued in force by the Legal Profession Act” at the end of the definition of “Indemnity Fund”; and
	(c)	by omitting the definition of “Legal Practitioners Act” and substituting the following definition:
“ ‘Legal Profession Act’ means the Legal Profession Act 1987 of the State of New South Wales;”.
Unrestricted practising certificates—restrictions on issue
20.  Section 42P of the Principal Act is amended—
	(a)	by omitting “74G” and “74J” and substituting “45” and “48” respectively; and
	(b)	by omitting “Practitioners” and substituting “Profession”.
Failure to pay levy
21.  Section 42Q of the Principal Act is amended—
	(a)	by omitting from paragraph (5) (a) “Part IXA”, “Practitioners” and “74H” and substituting “Division 2 of Part III”, “Profession” and “46” respectively; and
	(b)	by omitting from paragraph (5) (b) “74J (d)” and substituting “48 (d)”.
Audit of trust accounts
22.  Section 58 of the Principal Act is amended—
	(a)	by omitting the penalty at the foot of subsection (1A);
	(b)	by inserting after subsection (1A) the following subsection:
“(1AA)  A solicitor shall not, without reasonable excuse, fail to comply with subsection (1) or (1A).
Penalty:  $5,000 or imprisonment for 6 months, or both.”; and
	(c)	by omitting the penalty at the foot of subsection (1B) and substituting the following penalty:
“Penalty:  $2,000.”.
Interim auditors’ report
23.  Section 62 of the Principal Act is amended—
	(a)	by omitting the penalty at the foot of subsection (1); and
	(b)	by inserting after subsection (1) the following subsection:
“(1A)  An auditor shall not, without reasonable excuse, fail to comply with subsection (1).
Penalty:  $5,000 or imprisonment for 6 months, or both.”.
Secrecy
24.  Section 65 of the Principal Act is amended—
	(a)	by inserting in subsections (1) and (2) “, without reasonable excuse,” after “shall not” (wherever occurring); and
	(b)	by omitting the penalty at the foot of the section and substituting the following penalty:
“Penalty:  $5,000 or imprisonment for 6 months, or both.”.
Production of books etc.
25.  Section 67 of the Principal Act is amended—
	(a)	by inserting in subsections (1A) and (3) “not, without reasonable excuse, fail to” after “shall”;
	(b)	by omitting the penalty at the foot of subsection (1A); and
	(c)	by omitting the penalty at the foot of the section and substituting the following penalty:
“Penalty:  $5,000 or imprisonment for 6 months, or both.”.
Secrecy
26.  Section 68 of the Principal Act is amended—
	(a)	by inserting in subsection (2) “, without reasonable excuse,” after “shall not”; and 
	(b)	by omitting the penalty at the foot of the section and substituting the following penalty:
“Penalty:  $5,000 or imprisonment for 6 months, or both.”.
Statutory Interest Account
27.  Section 74A of the Principal Act is amended—
	(a)	by omitting from subsection (3) “the account maintained in accordance with the last preceding sub-section” and substituting “a Statutory Interest Account”; and
	(b)	by omitting from subsection (4) “the account maintained in accordance with sub-section (2) of this section” and substituting “a Statutory Interest Account”.
Arrangement relating to trust bank account
28.  Section 74B of the Principal Act is amended by omitting from subsection (2) “an account referred to in sub-section 74A (2)” and substituting “a Statutory Interest Account”.
Audit of deposits etc.
29.  Section 74C of the Principal Act is amended by omitting from paragraph (1) (e) “an account referred to in sub-section 74A (2)” and substituting “a Statutory Interest Account”.
Interpretation
30.  Section 75 of the Principal Act is amended by omitting subsection (2).
Fidelity Fund
31.  Section 76 of the Principal Act is amended by omitting from paragraph (1) (c) “an account maintained in accordance with sub‑section (2) of section 74A of this Act” and substituting “a Statutory Interest Account”.
Interpretation
32.  (1)  Section 79A of the Principal Act is amended—
	(a)	by omitting from subsection (1) the definition of “failure to account” and substituting the following definition:
“ ‘failure to account’ means a failure by a solicitor to account for, pay or deliver money or other valuable property received by or entrusted to the solicitor or an employee or partner of the solicitor in the course of the solicitor’s or partnership’s practice, being a failure that arose from a dishonest act or omission of the solicitor, an employee or partner;”; and
	(b)	by omitting subsection (2).
(2)  Division 2 of Part VIII of the Principal Act as amended by this Act  applies in relation to a failure to account within the meaning of that Division occurring before or after the commencement of this Act.
Time for making applications
33.  Section 82 of the Principal Act is amended by inserting in subsection (2) “reason of a failure to account by” after “notice by”.
Appointment of receiver
34.  Section 93 of the Principal Act is amended by omitting from paragraph (1) (a) “defalcation of trust moneys of a solicitor or of” and “been committed” (first occurring) and substituting “failure to account (within the meaning of Division 2 of Part VIII) by a solicitor or” and “occurred” respectively.
Secrecy
35.  Section 94 of the Principal Act is amended—
	(a)	by omitting from subsection (3) “lawful” and substituting “reasonable”; and 
	(b)	by omitting the penalty at the foot of the section and substituting the following penalty:
“Penalty:  $5,000 or imprisonment for 6 months, or both.”.
Destroying or concealing records
36.  Section 107 of the Principal Act is amended—
	(a)	by inserting “, without reasonable excuse,” after “shall not”; and
	(b)	by omitting the penalty at the foot of the section and substituting the following penalty:
“Penalty:  $5,000 or imprisonment for 6 months, or both.”.
Holding out as qualified
37.  Section 122 of the Principal Act is amended by omitting the penalty at the foot of the section  and substituting the following penalty:
“Penalty:  $5,000.”.
Preparation of documents
38.  Section 123 of the Principal Act is amended by omitting the penalty at the foot of subsection (1) and substituting the following penalty:
“Penalty:  $5,000.”.
Preparation of probate etc. papers
39.  Section 124 of the Principal Act is amended by omitting the penalty at the foot of subsection (1) and substituting the following penalty:
“Penalty:  $5,000.”.
Offences by corporations
40.  Section 125 of the Principal Act is amended—
	(a)	by omitting from subsection (1) “one of the last three preceding sections” and substituting “section 122, 123 or 124”; and
	(b)	by omitting from subsection (1) “$2,000” and substituting “$25,000”.
Repeal
41.  Part XII of the Principal Act is repealed.
Corporations Law
42.  Each of the following provisions of the Principal Act is amended by omitting “Companies Act 1981 of the Commonwealth” and substituting “Corporations Law”:
Paragraph 59 (1) (a), subparagraph 59 (2) (a) (ii) and subsections 61 (2A), 62 (2), 66 (2), 74C (1) and 78 (1).

note
1.	Ordinance No. 43, 1970 as amended to date.  For previous amendments see Note 1 to Act No. 37, 1991 and see also Acts Nos. 37 and 60, 1991.
[Presentation speech made in Assembly on  5 December 1991]

©  Australian Capital Territory 1991