2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Legal Profession Amendment Bill 2009

Contents
	Page

	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Appointment of investigators
New section 234 (3) and (4)	2
	5	Appointment of investigator for complaint
New section 407 (2) and (3)	3
	6	Section 521	3
	7	Power to enter premises
Section 530 (4)	3
	8	New section 530 (4A)	4
	9	Compensation for exercise of enforcement powers
Section 549 (1)	4
	10	New section 549 (5)	4
	11	Dictionary, new definition of complaint investigation	4
	12	Dictionary, definition of investigator	5
	13	Dictionary, new definitions	5

2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Legal Profession Amendment Bill 2009

A Bill for
An Act to amend the Legal Profession Act 2006 

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Legal Profession Amendment Act 2009.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Legal Profession Act 2006.
4	Appointment of investigators
New section 234 (3) and (4)
insert
	(3)	An appointment may be made subject to conditions—
	(a)	stated in the instrument of appointment; or
	(b)	stated in a written notice given by the licensing body to the investigator during the term of appointment; or
	(c)	prescribed by regulation.
	(4)	The licensing body may end the appointment of an investigator if the investigator breaches a condition of appointment.
Note	A person’s appointment also ends if the person resigns (see Legislation Act, s 210).
5	Appointment of investigator for complaint
New section 407 (2) and (3)
after note 3, insert
	(2)	An appointment may be made subject to conditions—
	(a)	stated in the instrument of appointment; or
	(b)	stated in a written notice given by the relevant council to the investigator during the term of appointment; or
	(c)	prescribed by regulation.
	(3)	The relevant council may end the appointment of an investigator if the investigator breaches a condition of appointment.
Note	A person’s appointment also ends if the person resigns (see Legislation Act, s 210).
6	Section 521
omit everything before the definition of complaint investigation, substitute
521	Definitions—ch 6
In this chapter:
7	Power to enter premises
Section 530 (4)
omit
relevant council
substitute
licensing body
8	New section 530 (4A)
insert
	(4A)	An authorisation under subsection (4) may be subject to conditions stated by the licensing body.
Note	The licensing body may give an investigator a written notice stating conditions of appointment during the term of the investigator’s appointment (see s 234 (3) (b)).
9	Compensation for exercise of enforcement powers
Section 549 (1)
substitute
	(1)	A person may claim compensation from the relevant council if the person suffers loss or damage because of conduct of an investigator—
	(a)	in the exercise or purported exercise of a function under this part; and
	(b)	that is unlawful or unreasonable.
10	New section 549 (5)
insert
	(5)	In this section:
conduct means an act or omission to do an act. 
11	Dictionary, new definition of complaint investigation 
insert
complaint investigation, for chapter 6 (Investigations)—see section 521.
12	Dictionary, definition of investigator
substitute
investigator—
	(a)	for part 3.1 (Trust money and trust accounts)—see section 210 (2); or
	(b)	for chapter 6 (Investigations)—see section 521. 
13	Dictionary, new definitions
insert
ILP compliance audit, for chapter 6 (Investigations)—see section 521.
trust account examination, for chapter 6 (Investigations)—see section 521.
trust account investigation, for chapter 6 (Investigations)—see section 521.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2009.
2	Notification
	Notified under the Legislation Act on	2009.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2009