South Australia
Legal Profession Bill 2007
A Bill For
An Act to regulate the practice of law; to repeal the Legal Practitioners Act 1981; and for other purposes.

Contents
Chapter 1—Introduction
Part 1—Preliminary
1	Short title
2	Commencement
Part 2—Interpretation
3	Definitions
4	Terms relating to lawyers
5	Terms relating to legal practitioners
6	Terms relating to associates and principals of law practices
7	Meaning of engaging in legal practice
8	Home jurisdiction
9	Suitability matters
10	Information notices
11	References to convictions for offences
12	Fusion of the legal profession
Chapter 2—General requirements for engaging in legal practice
Part 1—Reservation of legal work and legal titles
13	Prohibition on engaging in legal practice when not entitled
14	Prohibition on representing or advertising entitlement to engage in legal practice when not entitled
15	Presumptions about taking or using name, title or description specified in regulations
16	Right of audience
17	Unlawful representation
18	Employment of disqualified person or person convicted or serious offence
19	Professional discipline
Part 2—Admission of local lawyers
Division 1—Admission to the legal profession
20	Supreme Court to maintain local roll
21	Local lawyer is officer of Supreme Court
Division 2—Eligibility and suitability for admission
22	Entitlement to admission
23	Suitability for admission
Part 3—Legal practice—Australian legal practitioners
Division 1—Legal practice in this jurisdiction by Australian legal practitioners
24	Entitlement of holder of Australian practising certificate to practise in this jurisdiction
Division 2—Local practising certificates generally
25	Local practising certificates
26	Suitability to hold local practising certificates
27	Restriction on issue of practising certificates in certain cases
28	Duration of local practising certificate
29	Insurance requirements
30	Local legal practitioner is officer of Supreme Court
Division 3—Grant or renewal of local practising certificates
31	Application for grant or renewal of local practising certificate
32	Timing for application for renewal of local practising certificate
33	Grant or renewal of local practising certificate
34	Amendment or cancellation of local practising certificate
Division 4—Conditions on local practising certificates
35	Statutory condition regarding notification of offence
36	Statutory condition regarding conditions imposed on interstate admission
37	Statutory condition regarding practice
38	Conditions as to training etc
39	Endorsement of conditions on practising certificates
Division 5—Amendment, suspension or cancellation of local practising certificates
40	Application of Division
41	Grounds for amending, suspending or cancelling local practising certificate
42	Amending, suspending or cancelling local practising certificates
43	Operation of amendment, suspension or cancellation of local practising certificate
Division 6—Special powers in relation to local practising certificates—show cause events
44	Applicant for local practising certificate—show cause event
45	Holder of local practising certificate—show cause event
46	Refusal, amendment, suspension or cancellation of local practising certificate—failure to show cause
Division 7—Further provisions relating to local practising certificates
47	Immediate suspension of local practising certificate
48	Surrender and cancellation of local practising certificate
Division 8—Interstate legal practitioners
49	Requirement for professional indemnity insurance
50	Extent of entitlement of interstate legal practitioner to practise in this jurisdiction
51	Additional conditions on practice of interstate legal practitioners
52	Special provisions about interstate legal practitioner engaging in unsupervised legal practice in this jurisdiction
53	Interstate legal practitioner is officer of Supreme Court
Division 9—Miscellaneous
54	Rules of Supreme Court may assign functions or powers
55	Supreme Court may authorise personal representative to carry on legal practice
56	Protocols
57	Consideration and investigation of applicants or holders
58	Register of local practising certificates
59	Government lawyers of other jurisdictions
Part 4—Inter-jurisdictional provisions regarding admission and practising certificates
Division 1—Preliminary
60	Definition
Division 2—Notifications to be given by local authorities to interstate authorities
61	Official notification to other jurisdictions of applications for admission and associated matters
62	Official notification to other jurisdictions of removals from local roll
63	Regulatory authority to notify other jurisdictions of certain matters
Division 3—Notifications to be given by lawyers to local authorities
64	Lawyer to give notice of removal in another jurisdiction
65	Lawyer to give notice of interstate orders
66	Lawyer to give notice of foreign regulatory action
67	Provisions relating to requirement to notify
Division 4—Taking of action by local authorities in response to notifications received
68	Peremptory removal of local lawyer's name from local roll following removal in another jurisdiction
69	Peremptory cancellation of local practising certificate following removal of name from interstate roll
70	Show cause procedure for removal of lawyer's name from local roll following foreign regulatory action
71	Show cause procedure for cancellation of local practising certificate following foreign regulatory action
72	Order for non-removal of name or non-cancellation of local practising certificate
73	Local authority may give information to other local authorities
Part 5—Incorporated legal practices and multi-disciplinary partnerships
Division 1—Preliminary
74	Definitions
Division 2—Incorporated legal practices
75	Nature of incorporated legal practice
76	Non-legal services and businesses of incorporated legal practices
77	Corporations eligible to be incorporated legal practice
78	Notice of intention to start providing legal services
79	Prohibition on representations that corporation is incorporated legal practice
80	Notice of termination of provision of legal services
81	Incorporated legal practice must have legal practitioner director
82	Obligations of legal practitioner director relating to misconduct
83	Incorporated legal practice without legal practitioner director
84	Obligations and privileges of practitioners who are officers or employees
85	Professional indemnity insurance
86	Conflicts of interest
87	Disclosure obligations
88	Effect of non-disclosure of provision of certain services
89	Application of legal profession rules
90	Requirements relating to advertising
91	Extension of vicarious liability relating to failure to account, pay or deliver and dishonesty to incorporated legal practices
92	Sharing of receipts, revenue or other income
93	Disqualified persons
94	Audit of incorporated legal practice
95	Application of Chapter 6
96	Banning of incorporated legal practices
97	Disqualification from managing incorporated legal practice
98	Disclosure of information to Australian Securities and Investments Commission
99	External administration proceedings under Corporations Act 2001
100	External administration proceedings under other legislation
101	Incorporated legal practice that is subject to receivership under this Act and external administration under Corporations Act 2001 (Cth)
102	Incorporated legal practice that is subject to receivership under this Act and external administration under other legislation
103	Co-operation between courts
104	Relationship of Act to constitution of incorporated legal practice
105	Relationship of Act to legislation establishing incorporated legal practice
106	Relationship of Act to Corporations legislation
107	Undue influence
Division 3—Multi-disciplinary partnerships
108	Nature of multi-disciplinary partnership
109	Conduct of multi-disciplinary partnerships
110	Notice of intention to start practice in multi-disciplinary partnership
111	General obligations of legal practitioner partners
112	Obligations of legal practitioner partner relating to misconduct
113	Actions of partner who is not an Australian legal practitioner
114	Obligations and privileges of practitioners who are partners or employees
115	Conflicts of interest
116	Disclosure obligations
117	Effect of non-disclosure of provision of certain services
118	Application of legal profession rules
119	Requirements relating to advertising
120	Sharing of receipts, revenue or other income
121	Disqualified persons
122	Prohibition on partnerships with certain partners who are not Australian legal practitioners
123	Undue influence
Division 4—Miscellaneous
124	Obligations of individual practitioners not affected
125	Regulations
Part 6—Legal practice—foreign lawyers
Division 1—Preliminary
126	Definitions
127	This Part does not apply to Australian legal practitioners
Division 2—Practice of foreign law
128	Requirement for registration
129	Entitlement of Australian-registered foreign lawyer to practise in this jurisdiction
130	Scope of practice
131	Form of practice
132	Application of Australian professional ethical and practice standards
133	Designation
134	Letterhead and other identifying documents
135	Advertising
136	Foreign lawyer employing Australian legal practitioner
137	Trust money and trust accounts
138	Professional indemnity insurance
139	Guarantee fund
Division 3—Local registration of foreign lawyers generally
140	Local registration of foreign lawyers
141	Duration of registration
142	Locally registered foreign lawyer is not officer of Supreme Court
Division 4—Applications for grant or renewal of local registration
143	Application for grant or renewal of registration
144	Manner of application
145	Requirements regarding applications for grant or renewal of registration
Division 5—Grant or renewal of registration
146	Grant or renewal of registration
147	Requirement to grant or renew registration if criteria satisfied
148	Refusal to grant or renew registration
Division 6—Amendment, suspension or cancellation of local registration
149	Application of Division
150	Grounds for amending, suspending or cancelling registration
151	Amending, suspending or cancelling registration
152	Operation of amendment, suspension or cancellation of registration
153	Other ways of amending or cancelling registration
154	Relationship of this Division with Chapter 4
Division 7—Special powers in relation to local registration—show cause events
155	Applicant for local registration—show cause event
156	Locally registered foreign lawyer—show cause event
157	Refusal, amendment, suspension or cancellation of local registration—failure to show cause
158	Restriction on making further applications
159	Relationship of this Division with Chapter 4 Part 2 and Chapter 6
Division 8—Further provisions relating to local registration
160	Immediate suspension of registration
161	Surrender of local registration certificate and cancellation of registration
162	Automatic cancellation of registration on grant of practising certificate
163	Suspension or cancellation of registration not to affect disciplinary processes
164	Return of local registration certificate on amendment, suspension or cancellation of registration
Division 9—Conditions on registration
165	Conditions generally
166	Conditions imposed by Society
167	Statutory condition regarding notification of offence
168	Conditions imposed by legal profession rules
169	Compliance with conditions
Division 10—Interstate-registered foreign lawyers
170	Extent of entitlement of interstate-registered foreign lawyers to practise in this jurisdiction
171	Additional conditions on practice of interstate-registered foreign lawyers
Division 11—Miscellaneous
172	Consideration and investigation of applicants and locally registered foreign lawyers
173	Register of locally registered foreign lawyers
174	Publication of information about locally registered foreign lawyers
175	Exemption by Society
176	Membership of professional association
Part 7—Community legal centres
177	Definition
178	Community legal centres
179	Obligations and privileges of practitioners who are officers or employees
180	Undue influence
181	Application of legal profession rules
182	Costs
Chapter 3—Conduct of legal practice
Part 1—Manner of legal practice
Division 1—Rules for Australian legal practitioners and registered foreign lawyers
183	Rules for Australian legal practitioners
184	Rules for foreign lawyers
185	Subject-matter of legal profession rules
186	Public notice of proposed legal profession rules
Division 2—Rules for incorporated legal practices and multi-disciplinary partnerships
187	Rules
188	Rule-making procedures
Division 3—General provisions for legal profession rules
189	Binding nature of legal profession rules
190	Legal profession rules inconsistent with Act or regulations
191	Availability of rules
Part 2—Trust money and trust accounts
Division 1—Preliminary
192	Definitions
193	Money granted or provided under contract to community legal centre
194	Money involved in financial services or investments
195	Determinations about status of money
196	Application of Part to law practices and trust money
197	Protocols for determining where trust money is received
198	When money is received
199	Discharge by legal practitioner associate of obligations of law practice
200	Liability of principals of law practice
201	Former practices, principals and associates
202	Barristers not to receive trust money
Division 2—Trust accounts and trust money
203	Maintenance of general trust account
204	Certain trust money to be deposited in general trust account
205	Holding, disbursing and accounting for trust money
206	Manner of withdrawal of trust money from general trust account
207	Controlled money
208	Manner of withdrawal of controlled money from controlled money account
209	Transit money
210	Trust money subject to specific powers
211	Trust money received in form of cash
212	Protection of trust money
213	Intermixing money
214	Dealing with trust money—legal costs and unclaimed money
215	Deficiency in trust account
216	Reporting certain irregularities and suspected irregularities
217	Keeping trust records
218	False names
219	Interest payable if law practice fails to deposit trust money
Division 3—Investigations and external examinations
Subdivision 1—Investigations
220	Appointment of investigators
221	Investigations
222	Application of Chapter 6
223	Investigator's report
224	When costs of investigation are debt
Subdivision 2—External examinations
225	Designation of external examiners
226	Trust records to be externally examined
227	Examination of affairs in connection with examination of trust records
228	Designation and appointment of associates as external examiners
229	Final examination of trust records
230	Carrying out examination
231	External examiner's report
232	Law practice liable for costs of examination
Division 4—Provisions relating to ADIs and statutory deposits
Subdivision 1—ADIs
233	Approval of ADIs
234	ADI not subject to certain obligations and liabilities
235	Reports, records and information
Subdivision 2—The combined trust account
236	Duty to deposit trust money in combined trust account
237	Immunity from liability
Subdivision 3—The statutory interest account
238	Statutory interest account
Subdivision 4—Miscellaneous
239	Payment of interest accruing on trust accounts
240	Accounts and audit
Division 5—Miscellaneous
241	Restrictions on receipt of trust money
242	Protection from liability
243	Application of Part to incorporated legal practices and multi-disciplinary partnerships
244	Disclosure to clients—money not received as trust money
245	Disclosure of accounts used to hold money entrusted to law practice or legal practitioner associate
246	Regulations
Part 3—Costs disclosure and adjudication
Division 1—Preliminary
247	Definitions
248	Terms relating to third party payers
Division 2—Application of Part
249	Application of Part—first instructions rule
250	Part also applies by agreement or at client's election
251	Displacement of Part
252	How and when does a client first instruct a law practice?
253	When does a matter have a substantial connection with this jurisdiction?
254	What happens when different laws apply to a matter?
Division 3—Costs disclosure
255	Disclosure of costs to clients
256	Disclosure if another law practice is to be retained
257	How and when must disclosure be made to a client?
258	Exceptions to requirement for disclosure
259	Additional disclosure—settlement of litigious matters
260	Additional disclosure—uplift fees
261	Form of disclosure
262	Ongoing obligation to disclose
263	Effect of failure to disclose
264	Progress reports
265	Disclosures to associated third party payers
Division 4—Legal costs generally
266	On what basis are legal costs recoverable?
267	Security for legal costs
268	Interest on unpaid legal costs
Division 5—Costs agreements
269	Making costs agreements
270	Conditional costs agreements
271	Conditional costs agreements involving uplift fees
272	Contingency fees are prohibited
273	Effect of costs agreement
274	Certain costs agreements are void
275	Setting aside costs agreements
Division 6—Billing
276	Legal costs cannot be recovered unless Bill has been served
277	Bills
278	Notification of client's rights
279	Request for itemised Bill
280	Interim Bills
Division 7—Adjudication of costs
281	Definition
282	Application by clients or third party payers for adjudication of costs
283	Application for adjudication by law practice retaining another law practice
284	Application for adjudication of costs by law practice giving bill
285	Power of Supreme Court on application for adjudication
286	Board may institute proceedings
287	Court may order plaintiff to apply for adjudication
288	Consequences of application
289	Persons to be notified of application
290	Criteria for adjudication
291	Adjudication of costs by reference to costs agreement
292	Adjudication of costs by reference to scale of costs
293	Costs of adjudication
294	Referral for disciplinary action
295	Contracting out of Division by sophisticated clients
Division 8—Miscellaneous
296	Application of Part to incorporated legal practices and multi-disciplinary partnerships
297	Imputed acts, omissions or knowledge
Part 4—Professional indemnity insurance
298	Professional indemnity insurance scheme
Part 5—The legal practitioners' guarantee fund
Division 1—Preliminary
299	Interpretation
300	Time of default
Division 2—Guarantee fund
301	Guarantee fund
302	Insurance
303	Borrowing
304	Annual report
Division 3—Defaults to which this Part applies
305	Meaning of relevant jurisdiction
306	Defaults to which this Part applies
307	Defaults relating to financial services or investments
Division 4—Claims about defaults
308	Claims about defaults
309	Personal representative may make claim
310	Time limit for making claims
311	Advertisements
312	Time limit for making claims following advertisements
313	Caps on payments following advertisements
314	Claims not affected by certain matters
315	Investigation of claims
316	Advance payments
Division 5—Determination of claims
317	Determination of claims
318	Maximum amount allowable
319	Costs
320	Interest
321	Reduction of claim because of other benefits
322	Subrogation
323	Repayment of certain amounts
324	Notification of delay in making decision
325	Notification of decision
326	Appeal against decision on claim
327	Appeal against failure to determine claim
328	Court proceedings
Division 6—Payments from guarantee fund for defaults
329	Payments for defaults
330	Sufficiency of guarantee fund
331	Levies
Division 7—Claims by law practices or associates
332	Claims by law practices or associates about defaults
333	Claims by law practices or associates about notional defaults
Division 8—Defaults involving interstate elements
334	Concerted interstate defaults
335	Defaults involving interstate elements where committed by 1 associate only
Division 9—Inter-jurisdictional provisions
336	Protocols
337	Forwarding of claims
338	Investigation of defaults to which this Part applies
339	Investigation of defaults to which a corresponding law applies
340	Investigation of concerted interstate defaults and other defaults involving interstate elements
341	Recommendations by Society to corresponding authorities
342	Recommendations to and decisions by Society after receiving recommendations from corresponding authorities
343	Request to another jurisdiction to investigate aspects of claim
344	Request from another jurisdiction to investigate aspects of claim
345	Co-operation with other authorities
Division 10—Miscellaneous
346	Interstate legal practitioner becoming authorised to withdraw from local trust account
347	Application of Part to incorporated legal practices
348	Application of Part to multi-disciplinary partnerships
349	Application of Part to sole practitioners whose practising certificates lapse
Chapter 4—Complaints and discipline
Part 1—Introduction and application
Division 1—Preliminary
350	Application of Chapter to lawyers, former lawyers and former practitioners
Division 2—Key concepts
351	Unsatisfactory professional conduct
352	Professional misconduct
353	Conduct capable of constituting unsatisfactory professional conduct or professional misconduct
Division 3—Application of Chapter
354	Practitioners to whom this Chapter applies
355	Conduct to which this Chapter applies—generally
356	Conduct to which this Chapter applies—insolvency, serious offences and tax offences
Part 2—Complaints and discipline
Division 1—Investigations by Legal Practitioners Conduct Board
Subdivision 1—Investigation of unsatisfactory professional conduct and professional misconduct
357	Investigations by Board
Subdivision 2—Action following investigation
358	Report on professional misconduct
359	Board to notify persons of suspected loss
360	Powers of Board to deal with certain unsatisfactory professional conduct or professional misconduct
Subdivision 3—Complaints of overcharging
361	Investigation of allegation of overcharging
Subdivision 4—Conciliation
362	Board may conciliate complaints
Division 2—Proceedings before Legal Practitioners Disciplinary Tribunal
363	Inquiries
364	Joinder
365	Variation of complaint
366	Rules of evidence
367	Power to disregard procedural lapses
368	Determinations of Tribunal
369	Interlocutory and interim orders
370	Compliance with determinations and orders
371	Notice of inquiry
372	Powers of Tribunal
373	Proceedings to be generally in public
374	Tribunal's proceedings to be privileged
375	Costs
376	Appeal
377	Operation of order may be suspended
378	Other remedies not affected
Division 3—Disciplinary proceedings before the Supreme Court
379	Proceedings before Supreme Court
380	Court may order interim suspension of Australian legal practitioner or impose interim conditions
381	Jurisdiction of Supreme Court
Division 4—Provisions relating to interstate legal practice
382	Conduct not to be the subject of separate proceedings
383	Furnishing information
Division 5—Publicising disciplinary action
384	Definitions
385	Register of Disciplinary Action
386	Other means of publicising disciplinary action
387	Quashing of disciplinary action
388	Liability for publicising disciplinary action
389	Disciplinary action taken because of infirmity, injury or illness
390	General
Division 6—Inter-jurisdictional provisions
391	Protocols
392	Request to another jurisdiction to investigate complaint
393	Requests from another jurisdiction to investigate complaint
394	Sharing of information with corresponding authorities
395	Co-operation with corresponding authorities
396	Compliance with recommendations or orders made under corresponding laws
397	Other powers or functions not affected
Division 7—Miscellaneous
398	Protection from liability
399	Claims of privilege
400	Waiver of privilege or duty of confidentiality
Chapter 5—External intervention
Part 1—Preliminary
401	Definitions
402	Application of Chapter to Australian-registered foreign lawyers
403	Application of Chapter to other persons
Part 2—Initiation of external intervention
404	Circumstances warranting external intervention
405	Determination regarding external intervention
Part 3—Supervisors of trust money
406	Appointment of supervisor of trust money
407	Notice of appointment
408	Effect of service of notice of appointment
409	Role of supervisor of trust money
410	Records of and dealing with trust money of law practice under supervision
411	Termination of supervisor's appointment
Part 4—Managers
412	Appointment of manager
413	Notice of appointment
414	Effect of service of notice of appointment
415	Role of manager
416	Records and accounts of law practice under management and dealings with trust money
417	Deceased estates
418	Termination of manager's appointment
Part 5—Receivers
419	Appointment of receiver by Supreme Court
420	Notice of appointment
421	Effect of service of notice of appointment
422	Role of receiver
423	Records and accounts of law practice under receivership and dealings with trust money
424	Power of receiver to take possession of regulated property
425	Power of receiver to take delivery of regulated property
426	Power of receiver to deal with regulated property
427	Power of receiver to require documents or information
428	Examinations
429	Lien for costs on regulated property
430	Regulated property not to be attached
431	Recovery of regulated property where there has been a breach of trust etc
432	Improperly destroying property etc
433	Deceased estates
434	Termination of receiver's appointment
Part 6—General
435	Conditions in appointment of external intervener
436	Status of acts of external intervener
437	Eligibility for reappointment or authorisation
438	Appeal against appointment
439	Directions of Supreme Court
440	Manager and receiver appointed for law practice
441	ADI disclosure requirements
442	Fees, legal costs and expenses
443	Reports by external intervener
444	Confidentiality
445	Provisions relating to requirements under this Part
446	Obstruction of external intervener
447	Protection from liability
Chapter 6—Investigatory powers
Part 1—Preliminary
448	Definitions
Part 2—Requirements relating to documents, information and other assistance
449	Application of Part
450	Requirements that may be imposed for investigations, examinations and audits under Chapter 3 Part 2
451	Requirements that may be imposed for investigations under Chapter 4
452	Provisions relating to requirements under this Part
Part 3—Entry and search of premises
453	Application of Part
454	Investigator's power to enter premises
455	Search warrants
456	Powers of investigator while on premises
Part 4—Additional powers in relation to incorporated legal practices
457	Application of Part
458	Investigative powers relating to investigations and audits
459	Examination of persons
460	Inspection of books
461	Power to hold hearings
462	Failure to comply with investigation
Part 5—Miscellaneous
463	Obstruction of investigator
464	Obligation of Australian lawyers and Australian legal practitioners
465	Protection from liability
466	Permitted disclosure of confidential information
Chapter 7—Regulatory bodies and funding
Part 1—The Law Society of South Australia
Division 1—Administration of the Society
467	Incorporation and powers of Society
468	Officers and employees of Society
469	Council of Society
470	Validation of acts of Council
471	Management of Society's affairs
472	Minutes of proceedings
473	Society's right of audience
474	Rules of Society
Division 2—The Litigation Assistance Fund
475	The Litigation Assistance Fund
Division 3—Reporting obligations
476	Certain matters to be reported by Society
Part 2—The Legal Practitioners Education and Admission Council and the Board of Examiners
Division 1—The Legal Practitioners Education and Admission Council
477	LPEAC
478	Functions of LPEAC
479	Conditions of membership
480	Procedures of LPEAC
481	Validity of acts and immunity of members
482	Advisory Committees
483	Annual report
Division 2—The Board of Examiners
484	Board of Examiners
485	Functions of Board of Examiners
486	Procedures of Board of Examiners
487	Validity of acts and immunity of members
Part 3—The Legal Practitioners Conduct Board
488	Legal Practitioners Conduct Board
489	Conditions on which members of Board hold office
490	Quorum etc
491	Validity of acts of Board and immunity of its members
492	Director and staff of Board
493	Functions of Board
494	Power of delegation
Part 4—The Legal Practitioners Disciplinary Tribunal
495	Legal Practitioners Disciplinary Tribunal
496	Conditions of membership
497	Constitution and proceedings of Tribunal
498	Validity of acts of Tribunal and immunity of its members
499	Rules of Tribunal
Part 5—Lay observers
500	Lay observers
Part 6—Annual reports
501	Annual reports
Chapter 8—General
Part 1—Public notaries
502	Appointment of notaries
503	Roll of notaries
504	Power of Court to strike off name of any notary
505	Persons acting as notaries contrary to this Part
Part 2—Miscellaneous
506	Liability of principals
507	Disclosure of information by local regulatory authorities
508	Confidentiality of personal information
509	Application of certain revenues
510	Inspection of documents
511	False or misleading information
512	Service of notices and documents
513	Approved forms
513A	Rules of Supreme Court may assign functions or powers
514	Offences
515	Regulations
Schedule 1—Repeal and transitional provisions
Part 1—Repeal of Act
1	Repeal of Legal Practitioners Act 1981
Part 2—Transitional provisions
2	Authorisation to employ disqualified person or person convicted of serious offence
3	The roll
4	Admission
5	Practising certificates
6	Incorporated legal practices
7	Deficiencies in trust accounts
8	Approved auditors under repealed Act
9	Inspectors under repealed Act
10	Investigations
11	Costs
12	Professional indemnity insurance
13	Claims on the guarantee fund
14	Combined trust account
15	Notices issued by Board
16	Orders under repealed Act
17	External intervention
18	Rules
19	Officers and Council of Society continue to hold office
20	Public notaries
21	References to repealed Act
22	Other provisions

The Parliament of South Australia enacts as follows:
Chapter 1—Introduction
Part 1—Preliminary
1—Short title
This Act may be cited as the Legal Profession Act 2007.
2—Commencement
This Act will come into operation on a day to be fixed by proclamation.

Part 2—Interpretation
3—Definitions
	(1)	In this Act, unless the contrary intention appears—
admission rules means rules made by the Supreme Court relating to admission to the legal profession;
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; and admitted to the legal profession has a corresponding meaning;
affairs of a law practice includes the following:
	(a)	all accounts and records required under this Act or the regulations to be maintained by the practice or an associate or former associate of the practice;
	(b)	other records of the practice or an associate or former associate of the practice;
	(c)	any transaction—
	(i)	to which the practice or an associate or former associate of the practice was or is a party; or
	(ii)	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 form—see section 513;
associate—see section 6;
Australian Government Solicitor means the Australian Government Solicitor constituted under the Judiciary Act 1903 of the Commonwealth and includes any person authorised by or under that Act to act in the name of the Australian Government Solicitor;
Australian lawyer—see section 4;
Australian legal practitioner—see section 5;
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;
Board means the Legal Practitioners Conduct Board continued in existence under Chapter 7 Part 3;
Board of Examiners means the Board of Examiners continued in existence under Chapter 7 Part 2 Division 2;
Chief Justice means the Chief Justice of the Supreme Court and includes an acting Chief Justice of the Supreme Court;
client includes a person to whom or for whom legal services are provided;
combined trust account means the Legal Practitioners Combined Trust Account maintained by the Society under Chapter 3 Part 2 Division 4 Subdivision 3;
community legal centre means a body that provides legal services to the community, or a section of the community on a non-profit basis, and includes the Aboriginal Legal Rights Movement, but does not include the Legal Services Commission;
conditions means conditions, limitations or restrictions;
conduct of a person includes any act or omission by the person;
contravene includes fail to comply with;
conviction—see section 11;
corresponding authority means—
	(a)	a person or body having powers or functions under a corresponding law; or
	(b)	when used in the context of a person or body having powers or functions under this Act (the local authority)—
	(i)	a person or body having corresponding powers or functions under a corresponding law; and
	(ii)	without limiting subparagraph (i), if the powers or 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—a person or body having corresponding powers or functions under a corresponding law regardless of whether 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 having powers or functions under a corresponding law that correspond to any of the powers and functions of the 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 lawyers; or
	(ii)	its jurisdiction or powers to make orders under a corresponding law of the other jurisdiction in relation to any Australian lawyers;
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;
Council means the council of the Law Society;
disqualified person means any of the following persons whether the thing that has happened to the person happened before or after the commencement of this definition:
	(a)	a person whose name has (whether or not at his or her request) been removed from an Australian roll and who has not subsequently been admitted or re-admitted to the legal profession under this Act or a corresponding law;
	(b)	a person whose Australian practising certificate has been cancelled or suspended under this Act or a corresponding law and who, because of the cancellation, is not an Australian legal practitioner or in relation to whom that suspension has not finished;
	(c)	a person who has been refused a renewal of an Australian practising certificate under this Act or a corresponding law, and to whom an Australian practising certificate has not been granted at a later time;
	(d)	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 connection with the relevant practice;
	(e)	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;
	(f)	a person who is the subject of an order that has been made under section 97 or section 122 or under provisions of a corresponding law that correspond to section 97 or section 122;
document means any record of information, and includes—
	(a)	anything on which there is writing; and
	(b)	anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; and
	(c)	anything from which sounds, images or writings can be reproduced with or without the aid of anything else; and
	(d)	a map, plan, drawing or photograph,
and a reference in this Act to a document (as so defined) includes a reference to—
	(e)	any part of the document; and
	(f)	any copy, reproduction or duplicate of the document or of any part of the document; and
	(g)	any part of such a copy, reproduction or duplicate;
elective officer of the Society means an officer of the Society elected by the members of the Society in accordance with its rules;
engage in legal practice—see section 7;
Executive Director of the Society means the principal executive officer employed by the Society and includes any person who is, for the time being, discharging the duties of that officer;
external territory means a Territory of the Commonwealth (not being the Australian Capital Territory, the Jervis Bay Territory or the Northern Territory of Australia) for the government of which as a Territory provision is made by a Commonwealth Act;
foreign country means—
	(a)	a country other than Australia; or
	(b)	a state, province or other part of a country other than Australia;
foreign roll means an official roll of lawyers (whether admitted, practising or otherwise) kept in a foreign country, but does not include a prescribed roll or a prescribed kind of roll;
grant of an interstate practising certificate includes the issue of an interstate practising certificate;
guarantee fund means the Legal Practitioners' Guarantee Fund maintained by the Society under Chapter 3 Part 5;
home jurisdiction—see section 8;
incorporated legal practice has the same meaning as in Chapter 2 Part 5;
information notice—see section 10;
insolvent under administration means—
	(a)	a person who is an undischarged bankrupt within the meaning of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of a foreign country or external territory); or
	(b)	a person who has executed a deed of arrangement under Part X of the Bankruptcy Act 1966 of the Commonwealth (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
	(c)	a person whose creditors have accepted a composition under Part X of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of a foreign country or external territory) if a final payment has not been made under that composition; or
	(d)	a person for whom a debt agreement has been made under Part IX of the Bankruptcy Act 1966 of the Commonwealth (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
	(e)	a person who has executed a personal insolvency agreement under Part X of the Bankruptcy Act 1966 of the Commonwealth (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 that the agreement created have been discharged;
interstate lawyer—see section 4;
interstate legal practitioner—see section 5;
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 maintained under a corresponding law;
interstate trust account means a trust account maintained under a corresponding law;
jurisdiction means a State or Territory of the Commonwealth;
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)	an Australian legal practitioner who is a sole practitioner; or
	(b)	a law firm; or
	(c)	a multi-disciplinary partnership; or
	(d)	an incorporated legal practice; or
	(e)	a community legal centre;
Law Society or Society means The Law Society of South Australia continued in existence under Chapter 7 Part 1;
lay associate—see section 6;
legal costs means amounts that a person has been or may be charged by, or is or may become liable to pay, a law practice for the provision of legal services including disbursements but not including interest;
legal practitioner associate—see section 6;
legal practitioner director, in relation to an incorporated legal practice, has the meaning given in Chapter 2 Part 5;
legal practitioner partner, in relation to a multi-disciplinary partnership, has the meaning given in Chapter 2 Part 5;
legal profession rules means rules relating to legal practice made by the Society under this Act;
legal services means work done, or business transacted, in the ordinary course of engaging in legal practice;
local lawyer—see section 4;
local legal practitioner—see section 5;
locally registered foreign lawyer means a person who is registered as a foreign lawyer under this Act;
local practising certificate means a practising certificate granted under this Act;
local roll means the roll of lawyers maintained under this Act;
local trust account means a trust account maintained under this Act;
LPEAC means the Legal Practitioners Education and Admission Council continued in existence under Chapter 7 Part 2;
managed investment scheme has the same meaning as in Chapter 5C of the Corporations Act 2001 of the Commonwealth;
Master means a master of the Supreme Court;
modifications includes modifications by way of alteration, omission, addition or substitution;
money includes any instrument for the payment of money that may be negotiated by an ADI;
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)	any instrument of a kind that is prescribed by the regulations as being a mortgage; 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;
multi-disciplinary partnership has the meaning given in Chapter 2 Part 5;
practical legal training means—
	(a)	legal training by participation in course work; or
	(b)	supervised legal training, whether involving articles of clerkship or otherwise,
or a combination of both;
principal—see section 6;
professional misconduct—see section 352;
regulatory authority means—
	(a)	in relation to this jurisdiction—the Supreme Court, LPEAC, the Society, the Board or the Tribunal; 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 persons 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 the regulations specify or provide for the determination of 1 or more regulatory authorities for the other jurisdiction either generally or for particular purposes—the regulatory authority or authorities specified or determined in accordance with the regulations;
repealed Act means the Legal Practitioners Act 1981;
serious offence means an offence whether committed in or outside this jurisdiction 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 law of this jurisdiction if committed in this jurisdiction (whether or not the offence could be dealt with summarily if committed in this jurisdiction); or
	(c)	an offence against a law of a foreign country that would be an indictable offence against a law of the Commonwealth or this jurisdiction if committed in this jurisdiction (whether or not the offence could be dealt with summarily if committed in this jurisdiction);
show cause event, in relation to a person, means—
	(a)	his or her becoming bankrupt or being served with notice of a creditor's petition presented to the Court under section 43 of the Bankruptcy Act 1966 of the Commonwealth; or
	(b)	his or her presentation (as a debtor) of a declaration to the Official Receiver under section 54A of the Bankruptcy Act 1966 of the Commonwealth of his or her intention to present a debtor's petition or his or her presentation (as a debtor) of such a petition under section 55 of that Act; or
	(c)	his or her applying to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounding with his or her creditors or making an assignment of his or her remuneration for their benefit; or
	(d)	his or her conviction for a serious offence or a tax offence, whether or not—
	(i)	the offence was committed in or outside this jurisdiction; 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, as the case requires; or
	(iii)	other persons 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 includes attorney and proctor;
statutory interest account means the Statutory Interest Account maintained by the Society under Chapter 3 Part 2 Division 4 Subdivision 3;
suitability matter—see section 9;
supervised legal practice means legal practice by a person who is an Australian legal practitioner—
	(a)	as an employee of a law practice, where—
	(i)	at least 1 principal 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 referred to in subparagraph (i); or
	(b)	as a partner in a law firm, where—
	(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 referred to in subparagraph (i); or
	(c)	in a capacity approved under a legal profession rule;
tax offence means an offence under the Taxation Administration Act 1953 of the Commonwealth, whether committed in or outside this jurisdiction;
this jurisdiction means this State;
Tribunal means the Legal Practitioners Disciplinary Tribunal continued in existence under Chapter 7 Part 4;
trust money has the meaning given in Chapter 3 Part 2;
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 or money referred to in section 194;
unqualified person means a person (including a body corporate) who is not entitled to engage in legal practice;
unrestricted practising certificate means an Australian practising certificate that is not subject to any condition under this Act or a corresponding law requiring the holder to engage in supervised legal practice or restricting the holder to practise as or in the manner of a barrister;
unsatisfactory professional conduct—see section 351.
	(2)	If under a corresponding law an interstate legal practitioner's right to practise does not derive from the holding of an interstate practising certificate, then a reference in this Act to an interstate practising certificate, or the endorsement of a condition on an interstate practising certificate, is to be read as a reference to the practitioner's right to engage in legal practice under that law or to the imposition of a condition on that right.
4—Terms relating to lawyers
For the purposes of this Act—
	(a)	an Australian lawyer is a person who is admitted to the legal profession under this Act or a corresponding law; and
	(b)	a local lawyer is a person who is admitted to the legal profession under this Act (whether or not the person is also admitted under a corresponding law); and
	(c)	an interstate lawyer is a person who is admitted to the legal profession under a corresponding law, but not under this Act.
5—Terms relating to legal practitioners
For the purposes of this Act—
	(a)	an Australian legal practitioner is an Australian lawyer who holds a current local practising certificate or a current interstate practising certificate; and
	(b)	a local legal practitioner is an Australian lawyer who holds a current local practising certificate; and
	(c)	an interstate legal practitioner is an Australian lawyer who holds a current interstate practising certificate, but not a local practising certificate.
6—Terms relating to associates and principals of law practices
	(1)	For the purposes of this Act, an associate of a law practice is—
	(a)	an Australian legal practitioner who is—
	(i)	a sole practitioner (in the case of a law practice constituted by the practitioner); or
	(ii)	a partner in the law practice (in the case of a law firm); or
	(iii)	a legal practitioner director in the law practice (in the case of an incorporated legal practice); or
	(iv)	a legal practitioner partner in the law practice (in the case of a multi-disciplinary partnership); or
	(v)	an employee of, or consultant to, the law practice; or
	(b)	an agent of the law practice who is not an Australian legal practitioner; or
	(c)	an employee of the law practice who is not an Australian legal practitioner; or
	(d)	an Australian-registered foreign lawyer who is a partner in the law practice; or
	(e)	a person (not being an Australian legal practitioner) who is a partner in a multi-disciplinary partnership; or
	(f)	an Australian-registered foreign lawyer who has a relationship with the law practice, being a relationship that is of a class prescribed by the regulations.
	(2)	For the purposes of this Act—
	(a)	a legal practitioner associate of a law practice is an associate of the practice who is an Australian legal practitioner; and
	(b)	a lay associate of a law practice means an associate of the practice who is not an Australian legal practitioner.
	(3)	For the purposes of this Act, a principal of a law practice is an Australian legal practitioner who is—
	(a)	a sole practitioner (in the case of a law practice constituted by the practitioner); or
	(b)	a partner in the law practice (in the case of a law firm); or
	(c)	a legal practitioner director in the law practice (in the case of an incorporated legal practice); or
	(d)	a legal practitioner partner in the law practice (in the case of a multi-disciplinary partnership).
7—Meaning of engaging in legal practice
	(1)	Subject to any regulation made under subsection (2), in this Act engaging in legal practice includes practising law.
	(2)	The regulations may make further provision in relation to the meaning of engaging in legal practice and may, for example—
	(a)	provide that a person who undertakes activities or work of a prescribed kind or in prescribed circumstances is, or is not, to be taken to be engaging in legal practice for the purposes of this Act; or
	(b)	if a regulation is made providing that a person who undertakes activities or work of a prescribed kind or in prescribed circumstances is not to be taken to be engaging in legal practice for the purposes of this Act—make provision for or with respect to the application (with or without specified modifications) of provisions of this Act to that person.
	(3)	For the avoidance of doubt, mortgage financing is not to be regarded as part of engaging in legal practice.
	(4)	It is not the intention of Parliament that any implication be drawn from this Act that mortgage financing was ever part of engaging in legal practice.
8—Home jurisdiction
For the purposes of this Act—
	(a)	the home jurisdiction for an Australian legal practitioner is the jurisdiction in which the practitioner’s only, or most recent, current Australian practising certificate was granted; and
	(b)	the home jurisdiction for an Australian-registered foreign lawyer is the jurisdiction in which the lawyer’s only, or most recent, current registration was granted; and
	(c)	the home jurisdiction for an associate of a law practice who is neither an Australian legal practitioner nor an Australian-registered foreign lawyer is—
	(i)	where only 1 jurisdiction is the home jurisdiction for the only associate of the practice who is an Australian legal practitioner or for all the associates of the practice who are Australian legal practitioners—that jurisdiction; or
	(ii)	in any other case—
	(A)	the jurisdiction in which the office is situated at which the associate performs most of his or her duties for the law practice; or
	(B)	if a jurisdiction cannot be determined under subsubparagraph (A)—the jurisdiction in which the associate is enrolled under a law of the jurisdiction to vote at elections for the jurisdiction; or
	(C)	if a jurisdiction can be determined under neither subsubparagraph (A) nor subsubparagraph (B)—the jurisdiction determined in accordance with criteria specified or referred to in the regulations.
9—Suitability matters
	(1)	Each of the following is a suitability matter in relation to a natural person:
	(a)	whether the person is currently of good reputation and character;
	(b)	whether the person is or has been an insolvent under administration;
	(c)	whether the person has been convicted of an offence in Australia or a foreign country, and if so—
	(i)	the nature of the offence; and
	(ii)	how long ago the offence was committed; and
	(iii)	the person’s age when the offence was committed;
	(d)	whether the person engaged in legal practice in Australia—
	(i)	when not admitted, or not holding a practising certificate, as required under this Act or a previous law of this jurisdiction that corresponds to this Act or under a corresponding law; or
	(ii)	if admitted—in contravention of a condition on which admission was granted; or
	(iii)	if holding an Australia practising certificate—in contravention of a condition of the certificate or while the certificate was suspended;
	(e)	whether the person has practised law in a foreign country—
	(i)	when not permitted by or under a law of that country to do so; or
	(ii)	if permitted to do so—in contravention of a condition of the permission;
	(f)	whether the person is currently subject to an unresolved complaint, investigation, charge or order under any of the following:
	(i)	this Act or the repealed Act;
	(ii)	a corresponding law or corresponding foreign law;
	(g)	whether the person—
	(i)	is the subject of current disciplinary action, however expressed, in another profession or occupation in Australia or a foreign country; or
	(ii)	has been the subject of disciplinary action, however expressed, relating to another profession or occupation that involved a finding of guilt or culpability;
	(h)	whether the person’s name has been removed from—
	(i)	a local roll, and has not since been restored to or entered on a local roll; or
	(ii)	an interstate roll, and has not since been restored to or entered on an interstate roll; or
	(iii)	a foreign roll;
	(i)	whether the person’s right to engage in legal practice has been suspended or cancelled in Australia or a foreign country;
	(j)	whether the person has contravened, in Australia or a foreign country, a law about trust money or trust accounts;
	(k)	whether, under this Act, a law of the Commonwealth or a corresponding law, a supervisor, manager or receiver, however described, is or has been appointed in relation to any legal practice engaged in by the person;
	(l)	whether the person is or has been subject to an order, under this Act, a law of the Commonwealth or a corresponding law, disqualifying the person from being employed by, or a partner of, an Australian legal practitioner or from managing a corporation that is an incorporated legal practice;
	(m)	whether the person is currently unable to carry out satisfactorily the inherent requirements of practice as an Australian legal practitioner.
	(2)	A matter is a suitability matter even if it happened before the commencement of this section.
10—Information notices
For the purposes of this Act, an information notice is a written notice to a person about a decision stating—
	(a)	the decision; and
	(b)	the reasons for the decision; and
	(c)	the rights of appeal available to the person in respect of the decision and the period within which any such appeal must be made or applied for.
11—References to convictions for offences
	(1)	A reference in this Act to a conviction includes a finding of guilt, or the acceptance of a guilty plea, whether or not a conviction is recorded.
	(2)	Without limiting subsection (1), a reference in this Act to the quashing of a conviction for an offence includes a reference to the quashing of—
	(a)	a finding of guilt in relation to the offence; or
	(b)	the acceptance of a guilty plea in relation to the offence.
	(3)	However, a reference in this Act to the quashing of a conviction for an offence does not include a reference to the quashing of a conviction where—
	(a)	a finding of guilt in relation to the offence; or
	(b)	the acceptance of a guilty plea in relation to the offence,
remains unaffected.
12—Fusion of the legal profession
	(1)	It is Parliament's intention that the legal profession of this State should continue to be a fused profession of barristers and solicitors.
	(2)	The voluntary establishment of a separate bar is not, however, inconsistent with that intention, nor is it inconsistent with that intention for local legal practitioners voluntarily to confine themselves to engaging in legal practice as solicitors.
	(3)	An undertaking by a local legal practitioner to engage in legal practice in this jurisdiction solely as a barrister or solely as a solicitor is contrary to public policy and void (but this subsection does not extend to an undertaking contained in or implied by a contract or professional engagement to provide legal services of a particular kind for or on behalf of another person).
	(4)	Nothing in this section affects the validity of any undertaking given to the Supreme Court by a local legal practitioner who receives the title "Queen's Counsel" or "King's Counsel" relating to the use of that title in the course of engaging in legal practice.
	(5)	Despite this section, an association of Australian legal practitioners may be lawfully constituted on the basis that membership is confined to Australian legal practitioners who engage in legal practice solely in a particular field or in a particular way.
	(6)	No contractual or other requirement may be lawfully imposed in this jurisdiction on an Australian legal practitioner to join an association of Australian legal practitioners.

Chapter 2—General requirements for engaging in legal practice
Part 1—Reservation of legal work and legal titles
13—Prohibition on engaging in legal practice when not entitled
	(1)	A person must not engage in legal practice in this jurisdiction unless the person is an Australian legal practitioner.
Maximum penalty: $50 000.
	(2)	Subsection (1) does not apply to engaging in legal practice of the following kinds:
	(a)	legal practice engaged in under the authority of a law of this jurisdiction or of the Commonwealth;
	(b)	legal practice engaged in by an incorporated legal practice in accordance with Chapter 2 Part 5;
	(c)	the practice of foreign law by an Australian-registered foreign lawyer in accordance with Chapter 2 Part 6;
	(d)	legal practice of a kind prescribed by the regulations.
	(3)	A person is not entitled to recover any amount in respect of anything the person did in contravention of subsection (1).
	(4)	A person may recover from another person, as a debt due to the person, any amount the person paid to the other person in respect of anything the other person did in contravention of subsection (1).
	(5)	The regulations may make provision for or with respect to the application (with or without specified modifications) of provisions of this Act to persons engaged in legal practice of a kind referred to in subsection (2) other than paragraphs (a) and (b).
14—Prohibition on representing or advertising entitlement to engage in legal practice when not entitled
	(1)	A person must not represent or advertise that the person is entitled to engage in legal practice in this jurisdiction unless the person is an Australian legal practitioner.
Maximum penalty: $50 000.
	(2)	A director, officer, employee or agent of a body corporate must not represent or advertise that the body corporate is entitled to engage in legal practice in this jurisdiction unless the body corporate is an incorporated legal practice.
Maximum penalty: $50 000.
	(3)	Subsections (1) and (2) do not apply to a representation or advertisement about being entitled to engage in legal practice of a kind prescribed by regulation or undertaken in circumstances prescribed by regulation.
	(4)	A reference in this section to a person—
	(a)	representing or advertising that the person is entitled to engage in legal practice; or
	(b)	representing or advertising that a body corporate is entitled to engage in legal practice,
includes a reference to the person doing anything that states or implies that the person or the body corporate is entitled to engage in legal practice.
15—Presumptions about taking or using name, title or description specified in regulations
	(1)	This section applies to the following names, titles and descriptions:
	(a)	lawyer;
	(b)	legal practitioner;
	(c)	barrister;
	(d)	solicitor;
	(e)	attorney;
	(f)	proctor;
	(g)	counsel;
	(h)	Queen's Counsel;
	(i)	King's Counsel;
	(j)	Her Majesty's Counsel;
	(k)	His Majesty's Counsel;
	(l)	Senior Counsel.
	(2)	The regulations may specify the kind of persons who are entitled, and the circumstances in which they are entitled, to take or use a name, title or description to which this section applies.
	(3)	For the purposes of section 14(1), the taking or using of a name, title or description to which this section applies by a person who is not entitled to take or use that name, title or description gives rise to a rebuttable presumption that the person represented that they are entitled to engage in legal practice.
	(4)	For the purposes of section 14(2), the taking or using of a name, title or description to which this section applies by a person in relation to a body corporate, of which the person is a director, officer, employee or agent, gives rise to a rebuttable presumption that the person represented that the body corporate is entitled to engage in legal practice.
16—Right of audience
	(1)	Subject to this Act and any other Act, the following persons are entitled to practise before any court or tribunal established under the law of the State:
	(a)	the Attorney-General and the Solicitor-General of the State or of the Commonwealth, the Crown Solicitor and the Australian Government Solicitor and the Director of Public Prosecutions;
	(b)	an Australian legal practitioner acting on the instructions of—
	(i)	the Attorney-General of the State; or
	(ii)	the Attorney-General of the Commonwealth; or
	(iii)	the Crown Solicitor; or
	(iv)	the Australian Government Solicitor; or
	(v)	the Director of Public Prosecutions;
	(c)	an Australian legal practitioner acting on the instructions of the Corporate Affairs Commission;
	(d)	an Australian legal practitioner acting on the instructions of the Australian Securities and Investments Commission;
	(e)	an Australian legal practitioner employed by the Legal Services Commission and acting in the course of that employment;
	(f)	an Australian legal practitioner employed by a community legal centre and acting in the course of that employment;
	(g)	an Australian legal practitioner who is engaging in legal practice as a principal or an associate of a law practice;
	(h)	an Australian legal practitioner employed by the Society and acting in the course of that employment;
	(i)	an Australian legal practitioner employed by the Board and acting in the course of that employment;
	(j)	an Australian legal practitioner employed by an organisation that is not a legal practitioner and acting in the course of that employment for—
	(i)	the employer; or
	(ii)	if the employer is a corporation—a corporation that is related to the employer under section 50 of the Corporations Act 2001 of the Commonwealth.
	(2)	If an Australian legal practitioner who is an employee appears, in the course of that employment, as counsel or solicitor before a court or tribunal, any undertaking given by the practitioner in the course of the proceedings is binding on the employer.
17—Unlawful representation
If an Australian legal practitioner or an Australian lawyer (otherwise than as permitted by this Act, or as may be authorised by the Society)—
	(a)	permits or aids an unqualified person to engage in legal practice, or acts in collusion with an unqualified person so as to enable that person to engage in legal practice; or
	(b)	enters into an agreement or an arrangement with an unqualified person under which the unqualified person is entitled to share in the profits arising from engagement in legal practice,
the practitioner or lawyer (as the case may be) is guilty of an offence.
Maximum penalty: $50 000.
18—Employment of disqualified person or person convicted or serious offence
	(1)	Subject to this section, if an Australian legal practitioner is a party to an agreement or arrangement to employ or engage, in connection with the practitioner's legal practice—
	(a)	a disqualified person; or
	(b)	a person who has been convicted of a serious offence,
the practitioner is guilty of an offence.
Maximum penalty: $50 000.
	(2)	It is a defence to a charge of an offence under subsection (1) to prove that the defendant did not know, and could not reasonably be expected to have known, that the person was a disqualified person or that the person had been convicted of a serious offence.
	(3)	Subject to sections 93 and 121, the Tribunal may, on application, authorise an Australian legal practitioner to be a party to an agreement or arrangement of a kind referred to in subsection (1), subject to conditions (if any) specified by the Tribunal.
	(4)	An application for such an authorisation may be made to the Tribunal by—
	(a)	an Australian legal practitioner; or
	(b)	a disqualified person; or
	(c)	a person who has been convicted of a serious offence.
	(5)	The Tribunal should not grant such an authorisation unless satisfied—
	(a)	that the person to be employed or engaged will not engage in legal practice; and
	(b)	that granting the authorisation on the specified conditions (if any) is not likely to create a risk to the public or be otherwise contrary to the public interest.
	(6)	For the purposes of a hearing of an application under this section, the Tribunal is constituted of a panel of 3 of its members chosen by the presiding member (1 of whom may be the presiding member).
	(7)	The Tribunal must give to the Board and to the Society, and to any person on whose application a hearing is to be held, not less than 7 days written notice of the time and place at which it intends to conduct the hearing, and must afford the Board, the Society and any such person, a reasonable opportunity to call and give evidence, to examine witnesses, and to make submissions to the Tribunal.
	(8)	Subject to this section, sections 372, 374, 375, 376, 497 and 499 apply to a hearing of an application under this section in the same way as to proceedings before the Tribunal under Chapter 4.
	(9)	If an application is granted by the Tribunal, and the Tribunal or the Supreme Court is satisfied that an appeal against the authorisation has been instituted, or is intended, it may suspend the operation of the authorisation until the determination of the appeal.
	(10)	If the Tribunal has suspended the operation of an authorisation under subsection (9), the Tribunal may terminate the suspension, and where the Supreme Court has done so, the Supreme Court may terminate the suspension.
	(11)	The following provisions apply in relation to an authorisation granted under this section:
	(a)	the Tribunal or the Supreme Court must notify the Society of the authorisation;
	(b)	the conditions (if any) of the authorisation must be recorded in the Register of Disciplinary Action and published on an internet site maintained by the Society;
	(c)	an Australian legal practitioner who is a party to an agreement or arrangement entered into pursuant to the authorisation must, at the written request of the Board, provide the Board with a written report of—
	(i)	the duties undertaken by the person employed or engaged in accordance with the authorisation in the period specified in the written request; and
	(ii)	if the authorisation is subject to conditions—the extent to which the practitioner and the person employed or engaged in accordance with the authorisation have complied with the conditions during that period.
	(12)	An Australian legal practitioner who is a party to an agreement or arrangement that has been authorised by the Tribunal under this section and the person employed or engaged in accordance with the authorisation must comply with any conditions of the authorisation.
Maximum penalty: $50 000.
	(13)	A person who—
	(a)	is a disqualified person; or
	(b)	has been convicted of a serious offence,
must not seek to be employed or engaged by a law practice unless the person first informs the law practice that he or she is a disqualified person or has been convicted of a serious offence (as the case may be).
Maximum penalty: $50 000.
19—Professional discipline
	(1)	A contravention of this Part by an Australian lawyer who is not an Australian legal practitioner is capable of constituting unsatisfactory professional conduct or professional misconduct.
	(2)	Nothing in this Part affects any liability that a person who is an Australian lawyer but not an Australian legal practitioner may have under Chapter 4, and the person may be punished for an offence under this Part as well as being dealt with under Chapter 4 in relation to the same matter.

Part 2—Admission of local lawyers
Division 1—Admission to the legal profession
20—Supreme Court to maintain local roll
	(1)	The Supreme Court is to maintain a roll of persons admitted to the legal profession under this Act (the local roll).
	(2)	When a person is admitted under this Act, the person's name must be entered on the local roll in accordance with the admission rules.
	(3)	A person admitted under this Act must sign the local roll.
	(4)	The admission of a person under this Act is effective from the time the person signs the local roll.
21—Local lawyer is officer of Supreme Court
	(1)	A person becomes an officer of the Supreme Court on being admitted to the legal profession under this Act.
	(2)	A person ceases to be an officer of the Supreme Court under subsection (1) if the person's name is removed from the local roll.

Division 2—Eligibility and suitability for admission
22—Entitlement to admission
	(1)	A natural person who satisfies the Supreme Court—
	(a)	that he or she is of good reputation and character; and
	(b)	that—
	(i)	he or she has complied with—
	(A)	the admission rules; and
	(B)	the rules made by LPEAC under Chapter 7 Part 2 Division 1 prescribing the qualifications for admission to the legal profession under this Act; or
	(ii)	insofar as there has been non-compliance with those rules, he or she should be exempted from such compliance,
is entitled to be admitted to the legal profession under this Act.
	(2)	The Supreme Court must refer each application for admission to the legal profession to the Board of Examiners for its report and recommendation on the application.
	(3)	The Board of Examiners may refer any matter raised by an application to LPEAC for its advice or, if the rules so provide, its determination.
	(4)	The Board of Examiners must, on or before the day on which its report and recommendation on an application is provided to the Supreme Court, provide the applicant with—
	(a)	a copy of the report and recommendation; and
	(b)	if the recommendation is that the application be rejected—a statement of the reasons for the recommendation.
23—Suitability for admission
The Supreme Court must, in determining an application by a person for admission to the legal profession under this Act, consider—
	(a)	each of the suitability matters in relation to the person; and
	(b)	any other matter it considers relevant.
Note—
The LPEAC rules may provide for a person to apply for an early indication as to his or her suitability for admission to the legal profession.

Part 3—Legal practice—Australian legal practitioners
Division 1—Legal practice in this jurisdiction by Australian legal practitioners
24—Entitlement of holder of Australian practising certificate to practise in this jurisdiction
An Australian legal practitioner is, subject to this Act, entitled to engage in legal practice in this jurisdiction.

Division 2—Local practising certificates generally
25—Local practising certificates
	(1)	Practising certificates may be granted by the Supreme Court under this Part.
	(2)	The Supreme Court may determine that there will be categories of local practising certificates.
	(3)	It is a statutory condition of a local practising certificate that the holder must not hold another local practising certificate, or an interstate practising certificate, that is in force during the currency of the first-mentioned local practising certificate.
26—Suitability to hold local practising certificates
	(1)	This section has effect for the purposes of any provision of this Act where the question of whether or not a person is a fit and proper person to hold a local practising certificate is relevant.
	(2)	The Supreme Court may, in considering whether or not the person is a fit and proper person to hold a local practising certificate, take into account any suitability matter relating to the person, and any of the following, whether happening before or after the commencement of this section:
	(a)	whether the person has obtained an Australian practising certificate because of incorrect or misleading information;
	(b)	whether the person has contravened a condition of an Australian practising certificate held by the person;
	(c)	whether the person has contravened this Act or a corresponding law or the regulations or legal profession rules under this Act or a corresponding law;
	(d)	whether the person has contravened—
	(i)	an order of the Tribunal; or
	(ii)	an order of a corresponding disciplinary body or of another court or tribunal of another jurisdiction exercising jurisdiction or powers by way of appeal or of an order of a corresponding disciplinary body;
	(e)	without limiting the operation of any other paragraph—
	(i)	whether the person has failed to pay a required contribution or levy to the guarantee fund; or
	(ii)	whether the person has contravened a requirement imposed by the Society about professional indemnity insurance; or
	(iii)	whether the person has contravened a requirement of this Act or the regulations about trust money; or
	(iv)	whether the person has failed to pay other costs or expenses for which the person is liable under this Act or the regulations;
	(f)	other matters the Supreme Court thinks appropriate.
	(3)	A person may be determined to be a fit and proper person to hold a local practising certificate even though the person is within any of the categories of the matters referred to in subsection (2), if the Supreme Court considers that the circumstances warrant the determination.
	(4)	If a matter was—
	(a)	disclosed in an application for admission to the legal profession in this or another jurisdiction; and
	(b)	determined by the Supreme Court or a corresponding authority not to be sufficient for refusing admission,
the matter may be taken into account when considering other matters in relation to the person concerned but the matter cannot, of itself, be grounds for refusing to grant or renew or for suspending or cancelling a local practising certificate.
27—Restriction on issue of practising certificates in certain cases
	(1)	If, for a period exceeding 1 month, an Australian lawyer has not held an Australian practising certificate, the Supreme Court may, on application for a local practising certificate, require the Australian lawyer to furnish evidence satisfying it that the lawyer—
	(a)	has not engaged in legal practice without holding a practising certificate; or
	(b)	has not committed any other act that might constitute a proper ground for disciplinary action.
	(2)	If an applicant for a local practising certificate has, without lawful excuse, engaged in legal practice while not holding a practising certificate, the Supreme Court may require the applicant to pay a prescribed fee before it issues a local practising certificate to the applicant.
	(3)	The Supreme Court may, in any case that it considers appropriate, issue a local practising certificate that has effect from a date prior to the date of issue of the certificate.
28—Duration of local practising certificate
	(1)	A local practising certificate granted under this Act is in force from the date specified in it until the end of the financial year in which it is granted, unless the certificate is sooner suspended or cancelled.
	(2)	A local practising certificate renewed under this Act is in force until the end of the financial year following its previous period of currency, unless the certificate is sooner suspended or cancelled.
	(3)	If an application for the renewal of a local practising certificate has not been determined by the following 1 July, the certificate—
	(a)	continues in force on and from that 1 July until the Supreme Court renews or refuses to renew the certificate or the holder withdraws the application for renewal, unless the certificate is sooner cancelled or suspended; and
	(b)	if renewed, is taken to have been renewed on and from that 1 July.
	(4)	If a local practising certificate that has been suspended under this Act for a period or until the happening of some event expires before the end of that period or before the happening of that event, the practising certificate may not be renewed until the expiration of that period or the happening of that event (as the case may be).
29—Insurance requirements
	(1)	If a scheme under section 298 is in force requiring local legal practitioners to be insured against liabilities that may arise in the course of, or in relation to, engaging in legal practice—
	(a)	the Supreme Court cannot issue or renew a local practising certificate unless the applicant produces evidence to the satisfaction of the Court that the applicant has obtained the insurance against such liabilities required by the scheme for the term for which the certificate is to be issued or renewed; and
	(b)	if, at any time during the term of a local practising certificate so issued or renewed, the holder of the certificate ceases to be insured against such liabilities as required by the scheme, the local practising certificate will be taken to be suspended until the holder of the certificate obtains such insurance.
	(2)	This section does not apply in relation to a person of a class excluded by regulation from the provisions of this section.
30—Local legal practitioner is officer of Supreme Court
	(1)	A person who is not already an officer of the Supreme Court becomes an officer of the Supreme Court on being granted a local practising certificate.
	(2)	A person ceases to be an officer of the Supreme Court under subsection (1) if the person ceases to hold a local practising certificate.

Division 3—Grant or renewal of local practising certificates
31—Application for grant or renewal of local practising certificate
	(1)	Applications generally
An Australian lawyer may apply to the Supreme Court for the grant or renewal of a local practising certificate if eligible to do so under this section.
	(2)	General eligibility to make application
An Australian lawyer is eligible to apply for the grant or renewal of a local practising certificate if the lawyer complies with any regulations and legal profession rules relating to eligibility for the practising certificate and if—
	(a)	in the case of a lawyer who is not an Australian legal practitioner at the time of making the application—
	(i)	the lawyer reasonably expects to engage in legal practice solely or principally in this jurisdiction during the currency of the certificate applied for; or
	(ii)	if subparagraph (i) does not apply to the lawyer or it is not reasonably practicable to determine whether it applies to the lawyer—the lawyer's place of residence in Australia is this jurisdiction or the lawyer does not have a place of residence in Australia; or
	(b)	in the case of a lawyer who is an Australian legal practitioner at the time of making the application—
	(i)	the jurisdiction in which the lawyer engages in legal practice solely or principally is this jurisdiction; or
	(ii)	the lawyer holds a current local practising certificate and engages in legal practice in another jurisdiction under an arrangement that is of a temporary nature; or
	(iii)	the lawyer reasonably expects to engage in legal practice solely or principally in this jurisdiction during the currency of the certificate applied for; or
	(iv)	if subparagraph (i), (ii) or (iii) does not apply to the lawyer or it is not reasonably practicable to determine whether subparagraph (i), (ii) or (iii) applies to the lawyer—the lawyer's place of residence in Australia is this jurisdiction or the lawyer does not have a place of residence in Australia.
	(3)	Determination of place of residence
For the purposes of subsection (2)(b), the jurisdiction in which an Australian lawyer engages in legal practice solely or principally is to be decided by reference to the lawyer’s legal practice during the certificate period current at the time—
	(a)	the application is made; or
	(b)	in the case of a late application—the application should have been made.
	(4)	Circumstances in which application cannot be made (more than 1 Australian practising certificate)
An Australian lawyer is not eligible to apply for the grant or renewal of a local practising certificate in respect of a financial year if the lawyer would also be the holder of another Australian practising certificate for that year, but this subsection does not limit the factors determining ineligibility to apply for the grant or renewal of a local practising certificate.
	(5)	Application must not be made by ineligible lawyer
An Australian lawyer must not apply for the grant or renewal of a local practising certificate if the lawyer is not eligible to make the application.
	(6)	Circumstances in which application must be made
An Australian legal practitioner who—
	(a)	engages in legal practice solely or principally in this jurisdiction during a financial year; and
	(b)	reasonably expects to engage in legal practice solely or principally in this jurisdiction in the following financial year,
must apply for the grant or renewal of a local practising certificate in respect of the following financial year.
	(7)	Subsection (6) does not apply to an interstate legal practitioner who applied for the grant or renewal of an interstate practising certificate on the basis that the practitioner reasonably expected to engage in legal practice solely or principally in this jurisdiction under an arrangement that is of a temporary nature.
	(8)	The exemption provided by subsection (7) ceases to operate at the end of the period prescribed by the regulations for the purposes of this subsection.
	(9)	A reference in this section to engaging in legal practice principally in this or any other jurisdiction applies only to legal practice in Australia and, accordingly, an Australian lawyer who is engaged or expects to engage in legal practice principally in a foreign country is nevertheless eligible to apply for the grant or renewal of a local practising certificate if the lawyer otherwise meets the requirements of this section.
32—Timing for application for renewal of local practising certificate
	(1)	An application for the renewal of a local practising certificate must be made within the period prescribed by the regulations.
	(2)	That period must be within the currency of the local practising certificate being sought to be renewed.
33—Grant or renewal of local practising certificate
	(1)	The Supreme Court must consider an application that has been made for the grant or renewal of a local practising certificate and may—
	(a)	grant or refuse to grant the certificate; or
	(b)	renew or refuse to renew the certificate.
	(2)	The Supreme Court may refuse—
	(a)	to consider an application if—
	(i)	it is not made in accordance with this Act or the admission rules; or
	(ii)	it is not accompanied by the prescribed fee; or
	(b)	to grant or renew a local practising certificate if the applicant has not complied with the admission rules in relation to the application.
	(3)	The Supreme Court must not grant a local practising certificate if it is satisfied that the applicant—
	(a)	was not eligible to apply for the grant when the application was made; and
	(b)	is not a fit and proper person to hold the certificate.
	(4)	The Supreme Court must not renew a local practising certificate if it is satisfied that the applicant—
	(a)	was not eligible to apply for the renewal when the application was made; or
	(b)	is not a fit and proper person to continue to hold the certificate.
	(5)	The Supreme Court must not grant or renew a local practising certificate if the Court considers the applicant’s circumstances have changed since the application was made and the applicant would (having regard to information that has come to the Court's attention) not have been eligible to make the application when the application is being considered.
	(6)	If the Supreme Court grants or renews a local practising certificate, the Court must, as soon as practicable, give the applicant—
	(a)	for the grant of a certificate—a local practising certificate, or
	(b)	for the renewal of a certificate—a new local practising certificate.
	(7)	If the Supreme Court refuses to grant or renew a local practising certificate, the Court must, as soon as practicable, give the applicant an information notice.
34—Amendment or cancellation of local practising certificate
	(1)	The Supreme Court may amend or cancel a local practising certificate if the holder requests the Court to do so.
	(2)	The Supreme Court may amend a local practising certificate—
	(a)	for a formal or clerical reason; or
	(b)	in another way that does not adversely affect the holder's interests.
	(3)	The Supreme Court must cancel a local practising certificate if the holder's name has been removed from the local roll or the holder ceases to be an Australian lawyer.
	(4)	The amendment or cancellation of a local practising certificate under this section is effected by written notice given to the holder.
	(5)	This section does not apply in relation to matters referred to in Division 6.

Division 4—Conditions on local practising certificates
35—Statutory condition regarding notification of offence
	(1)	It is a statutory condition of a local practising certificate that the holder of the certificate—
	(a)	must notify the Supreme Court that the holder has been—
	(i)	convicted of an offence that would have to be disclosed under the admission rules in relation to an application for admission to the legal profession under this Act; or
	(ii)	charged with a serious offence; and
	(b)	must do so within 7 days of the event and by a written notice.
	(2)	The legal profession rules may specify the form of the notice to be used and the person to whom or the address to which it is to be sent or delivered.
	(3)	This section does not apply to an offence to which Division 6 applies.
36—Statutory condition regarding conditions imposed on interstate admission
It is a statutory condition of a local practising certificate that the holder must not contravene a condition that was imposed on the admission of the person to the legal profession under a corresponding law (with any variations of the condition made from time to time) and that is still in force.
37—Statutory condition regarding practice
	(1)	It is a statutory condition of a local practising certificate that the holder must engage in supervised legal practice only, until the holder has completed—
	(a)	if the holder completed practical legal training under the supervision of an Australian lawyer, whether involving articles of clerkship or otherwise, to qualify for admission to the legal profession in this or another jurisdiction—a period or periods equivalent to 18 months supervised legal practice, worked out under relevant regulations, after the day the holder's first practising certificate was granted; or
	(b)	if the holder completed other practical legal training to qualify for admission to the legal profession in this or another jurisdiction—a period or periods equivalent to 2 years supervised legal practice, worked out under relevant regulations, after the day the holder's first practising certificate was granted.
	(2)	Subsection (1) has effect subject to any other conditions that relate to engaging in supervised legal practice after a period or periods referred to in that subsection.
	(3)	The Supreme Court may exempt a person or class of persons from the requirement for supervised legal practice under subsection (1) or may reduce a period referred to in that subsection for a person or class of persons, if satisfied that the person or persons do not need to be supervised or need to be supervised only for a shorter period, having regard to—
	(a)	the length and nature of any legal practice previously engaged in by the person or persons; and
	(b)	the length and nature of any legal practice engaged in by the supervisors (if any) who previously supervised the legal practice engaged in by the person or persons.
	(4)	An exemption under subsection (3) may be given unconditionally or subject to such conditions as the Supreme Court thinks appropriate.
38—Conditions as to training etc
	(1)	A local practising certificate will, if the rules made by LPEAC under this Act so require, be issued or renewed subject to conditions determined by LPEAC—
	(a)	requiring the holder of the certificate to undertake or obtain further education, training and experience required or determined under the rules; and
	(b)	limiting the rights of practice of the holder of the certificate until that further education, training and experience is completed or obtained.
	(2)	LPEAC may, on such terms as it thinks fit, determine that such conditions will not apply, either wholly or in part, in relation to any persons of a particular class.
	(3)	If the holder of a practising certificate issued or renewed subject to conditions under subsection (1) fails to satisfy LPEAC, in accordance with the rules, of compliance with the conditions, LPEAC may determine—
	(a)	that further conditions (determined by LPEAC) are to be imposed; or
	(b)	that the practising certificate is to be cancelled, or is not to be renewed, and no new practising certificate is to be issued to the person until stipulated conditions have been complied with,
(and a determination under this subsection takes effect on a date fixed by LPEAC).
	(4)	LPEAC may delegate any of its functions or powers under this section to the Board of Examiners.
	(5)	A delegation under this section—
	(a)	must be in writing; and
	(b)	may be conditional or unconditional; and
	(c)	is revocable at will; and
	(d)	does not prevent LPEAC from acting in any matter.
	(6)	A decision of LPEAC or the Board of Examiners under this section may be appealed against to the Supreme Court by the person in relation to whom the decision was made or the Attorney-General or the Society.
	(7)	On such an appeal, the Supreme Court—
	(a)	may confirm, vary or reverse the decision of LPEAC or the Board of Examiners; and
	(b)	may make any consequential or ancillary order.
	(8)	If LPEAC makes a determination under this section that is adverse to the person in relation to whom the determination was made, LPEAC must, as soon as practicable, give an information notice to the person.
39—Endorsement of conditions on practising certificates
	(1)	If, in accordance with this Act, a regulatory authority of this or another jurisdiction makes a determination or order—
	(a)	imposing conditions on, or requiring the endorsement of conditions on, an Australian legal practitioner's practising certificate; or
	(b)	varying or revoking conditions on, or requiring the variation or revocation of conditions on, an Australian legal practitioner's practising certificate,
the Supreme Court may record or give effect to the determination or order by revoking the practising certificate currently held by the legal practitioner and issuing the legal practitioner with a new practising certificate in the appropriate form.
	(2)	A regulatory authority of this jurisdiction must notify the Supreme Court of the making of a determination or order referred to in subsection (1).
	(3)	If a determination or order is made imposing, varying or revoking conditions on a practising certificate, the determination or order will be taken to have effect from the date it is made, or from a subsequent date specified in the determination or order, and not from the date of issue of a new practising certificate under this section.

Division 5—Amendment, suspension or cancellation of local practising certificates
40—Application of Division
This Division does not apply in relation to matters referred to in Division 6.
41—Grounds for amending, suspending or cancelling local practising certificate
Each of the following is a ground for amending, suspending or cancelling a local practising certificate:
	(a)	the holder is no longer a fit and proper person to hold the certificate;
	(b)	the holder does not have, or no longer has, professional indemnity insurance that complies with this Act in relation to the certificate;
	(c)	if a condition of the certificate is that the holder is or has been limited to legal practice specified in the certificate—the holder is engaging in legal practice that the holder is not entitled to engage in under this Act.
42—Amending, suspending or cancelling local practising certificates
	(1)	If the Supreme Court believes a ground exists to amend, suspend or cancel a local practising certificate (the proposed action), the Court must give the holder a notice that—
	(a)	states the proposed action and—
	(i)	if the proposed action is to amend the certificate—states the proposed amendment; and
	(ii)	if the proposed action is to suspend the certificate—states the proposed suspension period; and
	(b)	states the ground for proposing to take the proposed action; and
	(c)	outlines the facts and circumstances that form the basis for the Court's belief; and
	(d)	invites the holder to make written representations to the Court, within a specified time of not less than 7 days and not more than 28 days, as to why the proposed action should not be taken.
	(2)	If, after considering all written representations made within the specified time and, in its discretion, written representations made after the specified time, the Court still believes a ground exists to take the proposed action, the Court may—
	(a)	if the notice under subsection (1) stated the proposed action was to amend the practising certificate—amend the certificate in the way stated or in a less onerous way the Court considers appropriate because of the representations; or
	(b)	if the notice stated the proposed action was to suspend the practising certificate for a specified period—
	(i)	suspend the certificate for a period no longer than the specified period; or
	(ii)	amend the certificate in a less onerous way the Court considers appropriate because of the representations.
	(3)	If the Supreme Court decides to amend, suspend or cancel the practising certificate, the Court must give the holder an information notice about the decision.
43—Operation of amendment, suspension or cancellation of local practising certificate
	(1)	Application of section
This section applies if a decision is made to amend, suspend or cancel a local practising certificate under section 42.
	(2)	Action to take effect on giving of notice or specified date
Subject to subsections (3) and (4), the amendment, suspension or cancellation of the practising certificate takes effect on the later of the following:
	(a)	the day notice of the decision is given to the holder;
	(b)	the day specified in the notice.
	(3)	Grant of stay
If the practising certificate is amended, suspended or cancelled because the holder has been convicted of an offence—
	(a)	the Supreme Court may, on the application of the holder, order that the operation of the amendment, suspension or cancellation of the practising certificate be stayed until—
	(i)	the end of the time to appeal against the conviction; and
	(ii)	if an appeal is made against the conviction—the appeal is finally decided, lapses or otherwise ends; and
	(b)	the amendment, suspension or cancellation does not have effect during any period in respect of which the stay is in force.
	(4)	Quashing of conviction
If the practising certificate is amended, suspended or cancelled because the holder has been convicted of an offence and the conviction is quashed—
	(a)	the amendment or suspension ceases to have effect when the conviction is quashed; or
	(b)	the cancellation ceases to have effect when the conviction is quashed and the certificate is restored as if it had merely been suspended.

Division 6—Special powers in relation to local practising certificates—show cause events
44—Applicant for local practising certificate—show cause event
	(1)	This section applies if—
	(a)	a person is applying for the grant of a local practising certificate; and
	(b)	a show cause event in relation to the person happened, whether before or after the commencement of this section, after the person was first admitted to the legal profession in this or another jurisdiction (however the admission was expressed at the time of the admission).
	(2)	As part of the application, the person must provide to the Supreme Court a written statement, in accordance with any prescribed requirements—
	(a)	setting out particulars of the show cause event; and
	(b)	explaining why, despite the show cause event, the applicant considers himself or herself to be a fit and proper person to hold a local practising certificate.
	(3)	However, the applicant need not provide a statement under subsection (2) if the person (as a previous applicant for a local practising certificate or as the holder of a local practising certificate previously in force) has previously provided to the Supreme Court—
	(a)	a statement under this section; or
	(b)	a notice and statement under section 45,
explaining why, despite the show cause event, the person considers himself or herself to be a fit and proper person to hold a local practising certificate.
45—Holder of local practising certificate—show cause event
	(1)	This section applies to a show cause event that happens in relation to the holder of a local practising certificate.
	(2)	The holder must provide to the Supreme Court both of the following:
	(a)	within 7 days after the happening of the event—notice, in the form approved by the Court, that the event happened;
	(b)	within 28 days after the happening of the event—a written statement explaining why, despite the show cause event, the person considers himself or herself to be a fit and proper person to hold a local practising certificate.
	(3)	If a written statement is provided after the 28 days mentioned in subsection (2)(b), the Supreme Court may accept the statement and take it into consideration.
46—Refusal, amendment, suspension or cancellation of local practising certificate—failure to show cause
	(1)	The Supreme Court may refuse to grant or renew, or may amend, suspend or cancel, a local practising certificate if the applicant or holder—
	(a)	is required by section 44 or 45 to provide a written statement relating to a matter and has failed to provide a written statement in accordance with that requirement; or
	(b)	has provided a written statement in accordance with section 44 or 45 but the Court does not consider that the applicant or holder has shown in the statement that, despite the show cause event concerned, he or she is a fit and proper person to hold a local practising certificate.
	(2)	For the purposes of this section only, a written statement accepted by the Supreme Court under section 45(3) is taken to have been provided in accordance with section 45.
	(3)	If the Supreme Court makes a determination under this section, the Court must, as soon as practicable, give the applicant or holder written notice of the determination.

Division 7—Further provisions relating to local practising certificates
47—Immediate suspension of local practising certificate
	(1)	This section applies, despite Division 5 and Division 6, if the Supreme Court considers it necessary in the public interest to immediately suspend a local practising certificate on—
	(a)	any of the grounds on which the certificate could be suspended or cancelled under Division 5; or
	(b)	the ground of the happening of a show cause event in relation to the holder; or
	(c)	any other ground that the Court considers warrants suspension of the certificate in the public interest,
whether or not any action has been taken or commenced under Division 5 or Division 6 in relation to the holder.
	(2)	The Court may, by written notice given to the holder, immediately suspend the practising certificate until the earlier of the following:
	(a)	the time at which the Court informs the holder of the Court's decision by notice under section 42;
	(b)	the end of the period of 56 days after the notice is given to the holder under this section.
	(3)	The notice under this section must—
	(a)	include an information notice about the suspension; and
	(b)	state that the practitioner may make written representations to the Court about the suspension.
	(4)	The holder may make written representations to the Court about the suspension, and the Court must consider the representations.
	(5)	The Court may revoke the suspension at any time, whether or not in response to any written representations made to it by the holder.
48—Surrender and cancellation of local practising certificate
	(1)	The holder of a local practising certificate may surrender the certificate to the Supreme Court.
	(2)	The Court may cancel the certificate.

Division 8—Interstate legal practitioners
49—Requirement for professional indemnity insurance
	(1)	An interstate legal practitioner must not engage in legal practice in this jurisdiction, or represent or advertise that the practitioner is entitled to engage in legal practice in this jurisdiction, unless the practitioner—
	(a)	is covered by professional indemnity insurance that—
	(i)	covers legal practice in this jurisdiction; and
	(ii)	has been approved under or complies with the requirements of the corresponding law of the practitioner's home jurisdiction; and
	(iii)	is for at least $1.5 million per claim (inclusive of defence costs), unless (without affecting subparagraph (i) or (ii)) the practitioner engages in legal practice solely as or in the manner of a barrister; or
	(b)	is employed by a corporation, other than an incorporated legal practice, and the only legal services provided by the practitioner in this jurisdiction are in-house legal services.
Maximum penalty: $50 000.
	(2)	This section does not apply in relation to an interstate legal practitioner of a class excluded by regulation from the provisions of this section.
50—Extent of entitlement of interstate legal practitioner to practise in this jurisdiction
	(1)	This Part does not authorise an interstate legal practitioner to engage in legal practice in this jurisdiction to a greater extent than a local legal practitioner could be authorised under a local practising certificate.
	(2)	Also, an interstate legal practitioner’s right to engage in legal practice in this jurisdiction—
	(a)	is subject to any conditions imposed by the Supreme Court under section 51; and
	(b)	is, to the greatest practicable extent and with all necessary changes—
	(i)	the same as the practitioner’s right to engage in legal practice in the practitioner’s home jurisdiction; and
	(ii)	subject to any condition on the practitioner’s right to engage in legal practice in that jurisdiction, including any conditions imposed on his or her admission to the legal profession in this or another jurisdiction.
	(3)	If there is an inconsistency between conditions mentioned in subsection (2)(a) and conditions mentioned in subsection (2)(b), the conditions that are, in the opinion of the Supreme Court, more onerous prevail to the extent of the inconsistency.
	(4)	An interstate lawyer must not engage in legal practice in this jurisdiction in a manner not authorised by this Act or in contravention of any condition referred to in this section.
51—Additional conditions on practice of interstate legal practitioners
	(1)	The Supreme Court may, by written notice to an interstate legal practitioner engaged in legal practice in this jurisdiction, impose any condition on the practitioner’s practice that it may impose under this Act on a local practising certificate.
	(2)	Conditions imposed under or referred to in this section must not be more onerous than conditions applying to local legal practitioners.
52—Special provisions about interstate legal practitioner engaging in unsupervised legal practice in this jurisdiction
	(1)	An interstate legal practitioner must not engage in unsupervised legal practice in this jurisdiction unless—
	(a)	if the interstate legal practitioner completed practical legal training principally under the supervision of an Australian lawyer, whether involving articles of clerkship or otherwise, to qualify for admission to the legal profession in this or another jurisdiction—the interstate legal practitioner has undertaken a period or periods equivalent to 18 months’ supervised legal practice, worked out under the regulations, after the day the practitioner’s first practising certificate was granted; or
	(b)	if the interstate legal practitioner completed other practical legal training to qualify for admission to the legal profession in this or another jurisdiction—the interstate legal practitioner has undertaken a period or periods equivalent to 2 years’ supervised legal practice, worked out under relevant regulations, after the day the practitioner’s first practising certificate was granted.
	(2)	Subsection (1) does not apply if the interstate legal practitioner is exempt from the requirement for supervised legal practice in the practitioner's home jurisdiction.
	(3)	If the required period of supervised legal practice has been reduced for the interstate legal practitioner in the interstate legal practitioner's home jurisdiction, subsection (1) applies only to the extent of that reduced period.
53—Interstate legal practitioner is officer of Supreme Court
An interstate legal practitioner engaged in legal practice in this jurisdiction has all the duties and obligations of an officer of the Supreme Court, and is subject to the jurisdiction and powers of the Supreme Court in respect of those duties and obligations.

Division 9—Miscellaneous
54—Rules of Supreme Court may assign functions or powers
	(1)	The Supreme Court may, by rules of court, assign any functions or powers conferred on or vested in it under this Part—
	(a)	to a specified person or body; or
	(b)	to a person occupying a specified office or position.
	(2)	The rules of the Supreme Court may specify that an assignment of functions or powers under this section is subject to conditions and limitations.
	(3)	A decision made by a person or body acting in accordance with an assignment of functions or powers under this section may, subject to the rules of the Supreme Court, be appealed against to the Supreme Court by the person in relation to whom the decision was made.
	(4)	On such an appeal, the Supreme Court—
	(a)	may confirm, vary or reverse the decision; and
	(b)	may make any consequential or ancillary order.
	(5)	If a person or body makes a decision in accordance with an assignment of functions or powers under this section that is adverse to the person in relation to whom the decision was made, the person or body must, as soon as practicable, give an information notice to the person. 
55—Supreme Court may authorise personal representative to carry on legal practice
	(1)	The personal representative of a deceased Australian legal practitioner may, with the authority of the Supreme Court, carry on the practice of the deceased legal practitioner in this jurisdiction for a period not exceeding 12 months (or such longer period as the Supreme Court may allow) from the date of death.
	(2)	An authority under this section will be subject to such conditions as the Supreme Court considers appropriate.
	(3)	A person to whom an authority has been granted under this section must not contravene any condition of the authority.
Maximum penalty: $50 000.
56—Protocols
	(1)	The Society may enter into arrangements (referred to in this Part as protocols) with regulatory authorities of other jurisdictions about determining—
	(a)	the jurisdiction in which an Australian lawyer engages in legal practice principally or can reasonably expect to engage in legal practice principally; or
	(b)	the circumstances in which an arrangement under which an Australian legal practitioner practises in a jurisdiction—
	(i)	can be regarded as being of a temporary nature; or
	(ii)	ceases to be of a temporary nature; or
	(c)	the circumstances in which an Australian legal practitioner can reasonably expect to engage in legal practice principally in a jurisdiction during the currency of an Australian practising certificate.
	(2)	For the purposes of this Act, and to the extent that the protocols are relevant, a matter referred to in subsection (1)(a), (b) or (c) is to be determined in accordance with the protocols.
	(3)	The Society may enter into arrangements that amend, revoke or replace a protocol.
57—Consideration and investigation of applicants or holders
	(1)	To help it consider whether or not to grant, renew, amend, suspend or cancel a local practising certificate, or impose conditions on a local practising certificate, the Supreme Court may, by notice to the applicant or holder, require the applicant or holder—
	(a)	to give it specified documents or information; or
	(b)	to co-operate with any inquiries by the Court that it considers appropriate.
	(2)	A failure to comply with a notice under subsection (1) by the date specified in the notice and in the way required by the notice is a ground for making an adverse decision in relation to the action being considered by the Supreme Court.
58—Register of local practising certificates
	(1)	The Supreme Court must keep a register of the names of local legal practitioners.
	(2)	The register must—
	(a)	state the conditions (if any) imposed on a local practising certificate in relation to engaging in legal practice; and
	(b)	include other particulars prescribed by the regulations.
	(3)	The register may be kept in the way the Court decides.
	(4)	The register must be available for inspection, without charge, at a place determined by the Court during normal business hours or at an internet site maintained by the Court.
59—Government lawyers of other jurisdictions
	(1)	A government lawyer of another jurisdiction is not subject to—
	(a)	any prohibition under this Act about—
	(i)	engaging in legal practice in this jurisdiction; or
	(ii)	making representations about engaging in legal practice in this jurisdiction; or
	(b)	conditions imposed on a local practising certificate,
in respect of the performance of his or her official duties or functions as a government lawyer of the other jurisdiction to the extent that he or she is exempt from matters of the same kind under a law of the other jurisdiction.
	(2)	Contributions and levies are not payable to the guarantee fund by or in respect of a government lawyer of another jurisdiction in his or her capacity as a government lawyer.
	(3)	Without affecting the generality of subsection (1), that subsection extends to prohibitions under section 49 relating to professional indemnity insurance.
	(4)	Without affecting subsections (1), (2) and (3), nothing in this section prevents a government lawyer of another jurisdiction from being granted or holding a local practising certificate.
	(5)	In this section—
another jurisdiction means—
	(a)	another State or Territory of the Commonwealth; or
	(b)	the Commonwealth;
government agency of another jurisdiction means—
	(a)	a government department of that jurisdiction; or
	(b)	a body or organisation that is established by or under the law of that jurisdiction for a public purpose or to exercise governmental functions,
and includes a body or organisation (or a class of bodies or organisations) prescribed by the regulations as being within this definition;
government lawyer means an Australian lawyer, or a person eligible for admission to the legal profession, employed in or by a government agency of another jurisdiction.

Part 4—Inter-jurisdictional provisions regarding admission and practising certificates
Division 1—Preliminary
60—Definition
In this Part—
foreign regulatory action taken in relation to a person means—
	(a)	removal of the person's name from a foreign roll for disciplinary reasons; or
	(b)	suspension or cancellation of, or refusal to renew, the person's right to engage in legal practice in a foreign country.

Division 2—Notifications to be given by local authorities to interstate authorities
61—Official notification to other jurisdictions of applications for admission and associated matters
	(1)	This section applies if an application for admission to the legal profession is made under this Act.
	(2)	The Supreme Court may give the corresponding authority for another jurisdiction written notice of any of the following (as relevant):
	(a)	the making of the application;
	(b)	the withdrawal of the application;
	(c)	the refusal of the Court to admit the applicant to the legal profession under this Act.
	(3)	The notice must state the applicant’s name and address as last known to the Supreme Court and may contain other relevant information.
62—Official notification to other jurisdictions of removals from local roll
	(1)	This section applies if a person's name is removed from the local roll, except where the removal occurs under section 68.
	(2)	The Registrar of the Supreme Court must, as soon as practicable, give written notice of the removal to—
	(a)	the corresponding authority of every other jurisdiction; and
	(b)	the Registrar or other proper officer of the High Court.
	(3)	The notice must state—
	(a)	the person’s name and contact details as last known to the Registrar; and
	(b)	the date the person’s name was removed from the roll; and
	(c)	the reason for removing the person’s name,
and may contain other relevant information.
63—Regulatory authority to notify other jurisdictions of certain matters
	(1)	This section applies if—
	(a)	a regulatory authority takes any of the following actions:
	(i)	refuses to grant an Australian lawyer a local practising certificate;
	(ii)	suspends, cancels or refuses to renew the local practising certificate of an Australian lawyer; or
	(b)	the lawyer successfully appeals against the action taken.
	(2)	The authority must, as soon as practicable, give the corresponding authorities of other jurisdictions written notice of the action taken or the result of the appeal.
	(3)	The notice must state—
	(a)	the lawyer's name and contact details as last known to the authority; and
	(b)	particulars of—
	(i)	the action taken and the reasons for it; or
	(ii)	the result of the appeal,
and may contain other relevant information.
	(4)	A regulatory authority may give corresponding authorities written notice of a condition imposed on any local practising certificate.

Division 3—Notifications to be given by lawyers to local authorities
64—Lawyer to give notice of removal in another jurisdiction
	(1)	If the name of a local lawyer or a local legal practitioner has been removed from an interstate roll, the lawyer or practitioner must, as soon as practicable, give the Supreme Court a written notice of the removal.
Maximum penalty: $50 000.
	(2)	This section does not apply where the name has been removed from an interstate roll under a provision that corresponds to section 68.
65—Lawyer to give notice of interstate orders
	(1)	If an order is made under a corresponding law recommending that the name of a local lawyer be removed from the local roll, the lawyer must, as soon as practicable, give the Supreme Court written notice of the order.
Maximum penalty: $50 000.
	(2)	If an order is made under a corresponding law in relation to a local legal practitioner that—
	(a)	the practitioner's local practising certificate be suspended or cancelled; or
	(b)	a local practising certificate not be granted to the practitioner for a period; or
	(c)	conditions be imposed on the practitioner's local practising certificate,
the practitioner must, as soon as practicable, give the Supreme Court written notice of the order.
Maximum penalty: $50 000.
66—Lawyer to give notice of foreign regulatory action
If foreign regulatory action has been taken in relation to a local lawyer or a local legal practitioner, the lawyer or practitioner must, as soon as practicable, give the Supreme Court a written notice of the action taken.
Maximum penalty: $50 000.
67—Provisions relating to requirement to notify
A notice to be given under this Division by a person must—
	(a)	state his or her name and address; and
	(b)	disclose full details of the action to which the notice relates, including the date on which that action was taken; and
	(c)	be accompanied by a copy of any official notification provided to him or her in connection with that action.

Division 4—Taking of action by local authorities in response to notifications received
68—Peremptory removal of local lawyer's name from local roll following removal in another jurisdiction
	(1)	This section applies if the Registrar of the Supreme Court is satisfied that—
	(a)	a local lawyer’s name has been removed from an interstate roll; and
	(b)	no order referred to in section 72(1)(b) is, at the time of that removal, in force in relation to it.
	(2)	The Registrar must remove the lawyer's name from the local roll.
	(3)	The Registrar may, but need not, give the lawyer notice of the date on which the Registrar proposes to remove the name from the local roll.
	(4)	The Registrar must, as soon as practicable, give the former local lawyer notice of the removal of the name from the local roll, unless notice of the date of the proposed removal was previously given.
	(5)	The name of the former local lawyer is, on his or her application to the Registrar or on the Registrar’s own initiative, to be restored to the local roll if the name is restored to the interstate roll.
	(6)	Nothing in this section prevents the former local lawyer from afterwards applying for admission under Part 2.
69—Peremptory cancellation of local practising certificate following removal of name from interstate roll
	(1)	This section applies if—
	(a)	a person’s name is removed from an interstate roll; and
	(b)	he or she is the holder of a local practising certificate; and
	(c)	no order referred to in section 72(1)(b) is, at the time of that removal, in force in relation to it.
	(2)	The Registrar must cancel the local practising certificate as soon as practicable after receiving official written notification of the removal.
	(3)	The Registrar may, but need not, give the person notice of the date on which the Registrar proposes to cancel the local practising certificate.
	(4)	The Registrar must, as soon as practicable, give the person notice of the cancellation, unless notice of the date of the proposed cancellation was previously given.
	(5)	Nothing in this section prevents the former local lawyer from afterwards applying for a local practising certificate.
70—Show cause procedure for removal of lawyer's name from local roll following foreign regulatory action
	(1)	This section applies if the Society is satisfied that—
	(a)	foreign regulatory action has been taken in relation to a local lawyer; and
	(b)	no order referred to in section 72(1)(a) is in force in relation to the action taken.
	(2)	The Society may serve on the lawyer a notice stating that the Society will apply to the Supreme Court for an order that the lawyer's name be removed from the local roll unless the lawyer shows cause to the Society why his or her name should not be removed.
	(3)	If the lawyer does not satisfy the Society that his or her name should not be removed from the local roll, the Society may apply to the Supreme Court for an order that his or her name be removed from the local roll.
	(4)	Before applying for an order that the lawyer's name be removed, the Society must afford the lawyer a reasonable opportunity to show cause why his or her name should not be removed.
	(5)	The Supreme Court may, on application made under this section, order that the lawyer's name be removed from the local roll, or may refuse to do so.
	(6)	The lawyer is entitled to appear before and be heard by the Supreme Court at a hearing in respect of an application under this section.
71—Show cause procedure for cancellation of local practising certificate following foreign regulatory action
	(1)	This section applies if the Supreme Court is satisfied that—
	(a)	foreign regulatory action has been taken in relation to a local legal practitioner; and
	(b)	no order referred to in section 72(1)(b) is in force in relation to the action taken.
	(2)	The Supreme Court may serve on the practitioner a notice stating that the Court proposes to cancel his or her local practising certificate unless the practitioner shows cause to the Court why his or her practising certificate should not be cancelled.
	(3)	The Supreme Court must afford the practitioner a reasonable opportunity to show cause why his or her practising certificate should not be cancelled.
	(4)	If the practitioner does not satisfy the Supreme Court that the practising certificate should not be cancelled, the Court may cancel the certificate.
	(5)	If the Supreme Court cancels the certificate, the Court must, as soon as practicable, give the practitioner an information notice.
	(6)	The practitioner may appeal to the Full Court of the Supreme Court against a decision to cancel the certificate.
	(7)	The Full Court may make any order it considers appropriate on the appeal.
72—Order for non-removal of name or non-cancellation of local practising certificate
	(1)	If an Australian lawyer reasonably expects that his or her name will be removed from an interstate roll or that foreign regulatory action will be taken against the lawyer, the lawyer may apply to the Supreme Court for—
	(a)	an order that his or her name not be removed from the local roll under section 68 or section 70; or
	(b)	an order that his or her local practising certificate not be cancelled under section 69 or section 71,
or both.
	(2)	The Supreme Court may make the order or orders applied for if satisfied that—
	(a)	the lawyer’s name is likely to be removed from the interstate roll or the foreign regulatory action is likely to be taken; and
	(b)	the reason for the removal of the name or the taking of the foreign regulatory action will not involve disciplinary action or the possibility of disciplinary action,
or may refuse to make an order.
	(3)	An order under this section may be made subject to any conditions the Supreme Court considers appropriate and remains in force for the period specified in it.
	(4)	The Supreme Court may revoke an order made under this section, and sections 68 to 71 (as relevant) then apply as if the lawyer's name were removed from the interstate roll or the foreign regulatory action were taken when the revocation takes effect.
	(5)	Nothing in this section affects action being taken in relation to the lawyer under other provisions of this Act.
73—Local authority may give information to other local authorities
An authority of this jurisdiction that receives information from an authority of another jurisdiction under provisions of a corresponding law that correspond to this Part may furnish the information to other authorities of this jurisdiction that have powers or duties under this Act.

Part 5—Incorporated legal practices and multi-disciplinary partnerships
Division 1—Preliminary
74—Definitions
In this Part—
corporation means—
	(a)	a company within the meaning of the Corporations Act 2001 of the Commonwealth; or
	(b)	any other body corporate, or body corporate of a kind, prescribed by the regulations;
director, in relation to—
	(a)	a company within the meaning of the Corporations Act 2001 of the Commonwealth—means a director as defined in section 9 of that Act; or
	(b)	any other body corporate, or body corporate of a kind, prescribed by the regulations—means a person specified or described in the regulations;
legal practitioner director means a director of an incorporated legal practice who is an Australian legal practitioner holding an unrestricted practising certificate;
legal practitioner partner means a partner of a multi-disciplinary partnership who is an Australian legal practitioner holding an unrestricted practising certificate;
officer means—
	(a)	in relation to a company within the meaning of the Corporations Act 2001 of the Commonwealth—an officer as defined in section 9 of that Act; or
	(b)	in relation to any other body corporate, or body corporate of a kind, prescribed by the regulations—a person specified or described in the regulations;
professional obligations of an Australian legal practitioner include—
	(a)	duties to the Supreme Court; and
	(b)	obligations in connection with conflicts of interest; and
	(c)	duties to clients, including disclosure; and
	(d)	ethical rules required to be observed by the practitioner;
Regulator means—
	(a)	in relation to this jurisdiction—the Board; or
	(b)	in relation to another jurisdiction—the person or body defined as the Regulator in relation to that jurisdiction by the corresponding law of that jurisdiction or, if there is no such definition, the corresponding authority;
related body corporate means—
	(a)	in relation to a company within the meaning of the Corporations Act 2001 of the Commonwealth—a related body corporate within the meaning of section 50 of that Act; or
	(b)	in relation to any other body corporate, or body corporate of a kind, prescribed by the regulations—a person specified or described in the regulations.

Division 2—Incorporated legal practices
75—Nature of incorporated legal practice
	(1)	An incorporated legal practice is a corporation that engages in legal practice in this jurisdiction, whether or not it also provides services that are not legal services.
	(2)	However, a corporation is not an incorporated legal practice if—
	(a)	the corporation does not receive any form of, or have any expectation of, a fee, gain or reward for the legal services it provides; or
	(b)	the only legal services that the corporation provides are any or all of the following services:
	(i)	in-house legal services, namely, legal services provided to the corporation concerning a proceeding or transaction to which the corporation (or a related body corporate) is a party;
	(ii)	services that are not legally required to be provided by an Australian legal practitioner and that are provided by an officer or employee who is not an Australian legal practitioner; or
	(c)	this Part or the regulations so provide.
	(3)	The regulations may make provision for or with respect to the application (with or without specified modifications) of provisions of this Act to corporations that are not incorporated legal practices because of the operation of subsection (2).
	(4)	Nothing in this Part affects or applies to the provision by an incorporated legal practice of legal services in 1 or more other jurisdictions.
76—Non-legal services and businesses of incorporated legal practices
	(1)	An incorporated legal practice may provide any service and conduct any business that the corporation may lawfully provide or conduct, except as provided by this section.
	(2)	An incorporated legal practice (or a related body corporate) must not conduct a managed investment scheme.
	(3)	The regulations may prohibit an incorporated legal practice (or a related body corporate) from providing a service or conducting a business of a kind specified by the regulations.
Note—
Contravention of this section or these regulations is a ground for banning an incorporated legal practice—see section 96.
77—Corporations eligible to be incorporated legal practice
	(1)	Any corporation is, subject to this Part, eligible to be an incorporated legal practice.
	(2)	This section does not authorise a corporation to provide legal services if the corporation is prohibited from doing so by any Act or law (whether of this jurisdiction, the Commonwealth or any other jurisdiction) under which it is incorporated or its affairs are regulated.
	(3)	An incorporated legal practice is not itself required to hold an Australian practising certificate.
78—Notice of intention to start providing legal services
	(1)	Before a corporation starts to engage in legal practice in this jurisdiction, the corporation must give the Supreme Court written notice, in the approved form, of its intention to do so.
	(2)	A corporation must not engage in legal practice in this jurisdiction if it is in default of this section.
Maximum penalty: $50 000.
	(3)	A corporation that starts to engage in legal practice in this jurisdiction without giving a notice under subsection (1) is in default of this section until it gives the Supreme Court written notice, in the approved form, of the failure to comply with that subsection and the fact that it has started to engage in legal practice.
	(4)	The giving of a notice under subsection (3) does not affect a corporation’s liability under subsection (1) or (2).
	(5)	A corporation is not entitled to recover any amount for anything the corporation did in contravention of subsection (2).
	(6)	A person may recover from a corporation, as a debt due to the person, any amount the person paid to or at the direction of the corporation for anything the corporation did in contravention of subsection (2).
	(7)	This section does not apply to a corporation referred to in section 75(2)(a) or (b).
79—Prohibition on representations that corporation is incorporated legal practice
	(1)	A corporation must not, without reasonable excuse, represent or advertise that the corporation is an incorporated legal practice unless a notice in relation to the corporation has been given under section 78.
Maximum penalty: $50 000.
	(2)	A director, officer, employee or agent of a corporation must not, without reasonable excuse, represent or advertise that the corporation is an incorporated legal practice unless a notice in relation to the corporation has been given under section 78.
Maximum penalty: $50 000.
	(3)	A reference in this section to a person, being—
	(a)	a corporation—representing or advertising that the corporation is an incorporated legal practice; or
	(b)	a director, officer, employee or agent of a corporation—representing or advertising that the corporation is an incorporated legal practice,
includes a reference to the person doing anything that states or implies that the corporation is entitled to engage in legal practice.
80—Notice of termination of provision of legal services
	(1)	A corporation must, within the prescribed period after it ceases to engage in legal practice in this jurisdiction as an incorporated legal practice, give the Supreme Court a written notice, in the approved form, of that fact.
Maximum penalty: $50 000.
	(2)	The regulations may make provision for or with respect to determining whether and when a corporation ceases to engage in legal practice in this jurisdiction.
81—Incorporated legal practice must have legal practitioner director
	(1)	An incorporated legal practice is required to have at least one legal practitioner director.
	(2)	Each legal practitioner director of an incorporated legal practice is, for the purposes of this Act only, responsible for the management of the legal services provided in this jurisdiction by the incorporated legal practice.
	(3)	Each legal practitioner director of an incorporated legal practice must ensure that appropriate management systems are implemented and maintained to enable the provision of legal services by the incorporated legal practice—
	(a)	in accordance with the professional obligations of Australian legal practitioners and other obligations imposed by or under this Act, the regulations or the legal profession rules; and
	(b)	so that those obligations of Australian legal practitioners who are officers or employees of the practice are not affected by other officers or employees of the practice.
	(4)	If it ought reasonably to be apparent to a legal practitioner director of an incorporated legal practice that the provision of legal services by the practice will result in breaches of the professional obligations of Australian legal practitioners or other obligations imposed by or under this Act, the regulations or the legal profession rules, the director must take all reasonable action available to the director to ensure that—
	(a)	the breaches do not occur; and
	(b)	appropriate remedial action is taken in respect of breaches that do occur.
	(5)	Nothing in this Part derogates from the obligations or liabilities of a director of an incorporated legal practice under any other law.
	(6)	The reference in subsection (1) to a legal practitioner director does not include a reference to a person who is not validly appointed as a director, but this subsection does not affect the meaning of the expression “legal practitioner director” in other provisions of this Act.
82—Obligations of legal practitioner director relating to misconduct
	(1)	Each of the following is capable of constituting unsatisfactory professional conduct or professional misconduct by a legal practitioner director:
	(a)	unsatisfactory professional conduct or professional misconduct of an Australian legal practitioner employed by the incorporated legal practice;
	(b)	conduct of any other director (not being an Australian legal practitioner) of the incorporated legal practice that adversely affects the provision of legal services by the practice;
	(c)	the unsuitability of any other director (not being an Australian legal practitioner) of the incorporated legal practice to be a director of a corporation that provides legal services.
	(2)	A legal practitioner director is not guilty of unsatisfactory professional conduct or professional misconduct under subsection (1) if the director establishes that he or she took all reasonable steps to ensure that—
	(a)	Australian legal practitioners employed by the incorporated legal practice did not engage in conduct or misconduct referred to in subsection (1)(a); or
	(b)	directors (not being Australian legal practitioners) of the incorporated legal practice did not engage in conduct referred to in subsection (1)(b); or
	(c)	unsuitable directors (not being Australian legal practitioners) of the incorporated legal practice were not appointed or holding office as referred to in subsection (1)(c),
as the case requires.
	(3)	A legal practitioner director of an incorporated legal practice must ensure that all reasonable action available to the legal practitioner director is taken to deal with any unsatisfactory professional conduct or professional misconduct of an Australian legal practitioner employed by the practice.
83—Incorporated legal practice without legal practitioner director
	(1)	An incorporated legal practice contravenes this subsection if it does not have any legal practitioner directors for a period exceeding 7 days.
Maximum penalty: $50 000.
	(2)	If an incorporated legal practice ceases to have any legal practitioner directors, the incorporated legal practice must notify the Supreme Court as soon as possible.
Maximum penalty: $50 000.
	(3)	An incorporated legal practice must not provide legal services in this jurisdiction during any period it is in default of director requirements under this section.
Maximum penalty: $50 000.
	(4)	An incorporated legal practice that contravenes subsection (1) is taken to be in default of director requirements under this section for the period from the end of the period of 7 days until—
	(a)	it has at least 1 legal practitioner director; or
	(b)	a person is appointed under this section or a corresponding law in relation to the practice.
	(5)	The Supreme Court may, if it thinks it appropriate, appoint an Australian legal practitioner who is an employee of the incorporated legal practice or another person nominated by the Court, in the absence of a legal practitioner director, to exercise or perform the functions or duties conferred or imposed on a legal practitioner director under this Part.
	(6)	An Australian legal practitioner is not eligible to be appointed under this section unless the practitioner holds an unrestricted practising certificate.
	(7)	The appointment under this section of a person to exercise or perform functions or duties of a legal practitioner director does not, for any other purpose, confer or impose on the person any of the other functions or duties of a director of the incorporated legal practice.
	(8)	An incorporated legal practice does not contravene subsection (1) during any period during which a person holds an appointment under this section in relation to the practice.
	(9)	A reference in this section to a legal practitioner director does not include a reference to a person who is not validly appointed as a director, but this subsection does not affect the meaning of the expression “legal practitioner director” in other provisions of this Act.
84—Obligations and privileges of practitioners who are officers or employees
	(1)	An Australian legal practitioner who provides legal services on behalf of an incorporated legal practice in the capacity of an officer or employee of the practice—
	(a)	is not excused from compliance with professional obligations as an Australian legal practitioner, or any obligations as an Australian legal practitioner under any law; and
	(b)	does not lose the professional privileges of an Australian legal practitioner.
	(2)	For the purposes only of subsection (1), the professional obligations and professional privileges of a practitioner apply as if—
	(a)	where there are 2 or more legal practitioner directors of an incorporated legal practice—the practice were a partnership of the legal practitioner directors and the employees of the practice were employees of the legal practitioner directors; or
	(b)	where there is only 1 legal practitioner director of an incorporated legal practice—the practice were a sole practitioner and the employees of the practice were employees of the legal practitioner director.
	(3)	The law relating to client legal privilege (or other legal professional privilege) is not excluded or otherwise affected because an Australian legal practitioner is acting in the capacity of an officer or employee of an incorporated legal practice.
	(4)	The directors of an incorporated legal practice do not breach their duties as directors merely because legal services are provided pro bono by an Australian legal practitioner employed by the practice.
85—Professional indemnity insurance
	(1)	The provisions of this Act relating to insurance apply, with any necessary changes, to incorporated legal practices in relation to the provision of legal services in the same way that the provisions apply to Australian legal practitioners.
	(2)	However, subsection (1) does not affect an obligation of an Australian legal practitioner, who is an officer or employee of an incorporated legal practice, to comply with the provisions of this Act relating to insurance.
86—Conflicts of interest
	(1)	For the purposes of the application of any law (including the common law) or legal profession rules relating to conflicts of interest to the conduct of an Australian legal practitioner who is—
	(a)	a legal practitioner director of an incorporated legal practice; or
	(b)	an officer or employee of an incorporated legal practice,
the interests of the incorporated legal practice or any related body corporate are also taken to be those of the practitioner (in addition to any interests that the practitioner has apart from this subsection).
	(2)	Legal profession rules may be made for or with respect to additional duties and obligations in connection with conflicts of interest arising out of the conduct of an incorporated legal practice.
Note—
Under section 84, an Australian legal practitioner who is an officer or employee of an incorporated legal practice must comply with the same professional obligations as other practitioners.
87—Disclosure obligations
	(1)	This section applies if a person engages an incorporated legal practice to provide services that the person might reasonably assume to be legal services, but does not apply where the practice provides only legal services in this jurisdiction.
	(2)	Each legal practitioner director of the incorporated legal practice, and any employee who is an Australian legal practitioner and who provides the services on behalf of the practice, must ensure that a disclosure, complying with the requirements of this section and the regulations made for the purposes of this section, is made to the person in connection with the provision of the services.
Maximum penalty: $50 000.
	(3)	The disclosure must be made by giving the person a notice in writing—
	(a)	setting out the services to be provided; and
	(b)	stating whether or not all the legal services to be provided will be provided by an Australian legal practitioner; and
	(c)	if some or all of the legal services to be provided will not be provided by an Australian legal practitioner—identifying those services and indicating the status or qualifications of the person or persons who will provide the services; and
Note—
For example, the person might be a licensed conveyancer. However, this paragraph would not apply in a case where a law applying in the jurisdiction prohibits a particular legal service from being provided by a person who is not an Australian legal practitioner.
	(d)	stating that this Act applies to the provision of legal services but not to the provision of the non-legal services.
	(4)	The regulations may make provision for or with respect to the following matters:
	(a)	the manner in which a disclosure is to be made;
	(b)	additional matters required to be disclosed in connection with the provision of legal services or non-legal services by an incorporated legal practice.
	(5)	Without limiting subsection (4), the additional matters may include the kind of services provided by the incorporated legal practice and whether those services are or are not covered by the insurance or other provisions of this Act.
	(6)	A disclosure under this section to a person about the provision of legal services may relate to the provision of legal services on one occasion or on more than one occasion or on an on-going basis.
88—Effect of non-disclosure of provision of certain services
	(1)	This section applies if—
	(a)	section 87 applies in relation to a service that is provided to a person who has engaged an incorporated legal practice to provide the service and that the person might reasonably assume to be a legal service; and
	(b)	a disclosure has not been made under that section in relation to the service.
	(2)	The standard of care owed by the incorporated legal practice in respect of the service is the standard that would be applicable if the service had been provided by an Australian legal practitioner.
89—Application of legal profession rules
Legal profession rules, so far as they apply to Australian legal practitioners, also apply to Australian legal practitioners who are officers or employees of an incorporated legal practice, unless the rules otherwise provide.
90—Requirements relating to advertising
	(1)	Any restriction imposed by or under this or any other Act, the regulations or the legal profession rules in connection with advertising by Australian legal practitioners applies to advertising by an incorporated legal practice with respect to the provision of legal services.
	(2)	If a restriction referred to in subsection (1) is limited to a particular branch of the legal profession or for persons who practise in a particular style of legal practice, the restriction applies only to the extent that the incorporated legal practice carries on the business in that branch of the legal profession or in that style of legal practice.
	(3)	Any advertisement of the kind referred to in this section is, for the purposes of disciplinary proceedings taken against an Australian legal practitioner, taken to have been authorised by each legal practitioner director of the incorporated legal practice.
	(4)	This section does not apply if the provision by which the restriction is imposed expressly excludes its application to incorporated legal practices.
91—Extension of vicarious liability relating to failure to account, pay or deliver and dishonesty to incorporated legal practices
	(1)	This section applies to any of the following proceedings (being proceedings based on the vicarious liability of an incorporated legal practice):
	(a)	civil proceedings relating to a failure to account for, pay or deliver money or property received by, or entrusted to, the practice (or to any officer or employee of the practice) in the course of the provision of legal services by the practice, being money or property under the direct or indirect control of the practice;
	(b)	civil proceedings for any other debt owed, or damages payable, to a client as a result of a dishonest act or omission by an Australian legal practitioner who is an employee of the practice in connection with the provision of legal services to the client.
	(2)	If the incorporated legal practice would not (but for this section) be vicariously liable for any acts or omissions of its officers and employees in those proceedings, but would be liable for those acts or omissions if the practice and those officers and employees were carrying on business in partnership, the practice is taken to be vicariously liable for those acts or omissions.
92—Sharing of receipts, revenue or other income
	(1)	Nothing in this Act, the regulations or the legal profession rules prevents an Australian legal practitioner from sharing with an incorporated legal practice receipts, revenue or other income arising from the provision of legal services by the practitioner.
	(2)	This section does not extend to the sharing of receipts, revenue or other income in contravention of section 93.
93—Disqualified persons
	(1)	An incorporated legal practice is guilty of an offence if a person who is a disqualified person—
	(a)	is an officer or employee of the incorporated legal practice (whether or not the person provides legal services) or is an officer or employee of a related body corporate; or
	(b)	is a partner of the incorporated legal practice in a business that includes the provision of legal services; or
	(c)	shares the receipts, revenue or other income arising from the provision of legal services by the incorporated legal practice; or
	(d)	is engaged or paid in connection with the provision of legal services by the incorporated legal practice.
Maximum penalty: $50 000.
	(2)	The failure of a legal practitioner director of an incorporated legal practice to ensure that the practice complies with subsection (1) is capable of constituting unsatisfactory professional conduct or professional misconduct.
94—Audit of incorporated legal practice
	(1)	The Society may conduct an audit of—
	(a)	the compliance of an incorporated legal practice (and of its officers and employees) with the requirements of—
	(i)	this Part; or
	(ii)	the regulations or the legal profession rules, so far as they relate specifically to incorporated legal practices; and
	(b)	the management of the provision of legal services by the incorporated legal practice (including the supervision of officers and employees providing the services).
Note—
Section 81 requires legal practitioner directors to ensure that appropriate management systems are implemented and maintained.
	(2)	The Society may, in writing, appoint a suitably qualified person to conduct an audit under this section.
	(3)	The appointment may be made generally, or in relation to a particular incorporated legal practice, or in relation to a particular audit.
	(4)	An audit may be conducted whether or not a complaint has been made against an Australian lawyer with respect to the provision of legal services by the incorporated legal practice.
	(5)	A report of an audit—
	(a)	is to be provided to the incorporated legal practice concerned; and
	(b)	may be provided by the Society to the Regulator or a corresponding authority; and
	(c)	may be provided by the Regulator to a corresponding authority; and
	(d)	may be taken into account in connection with any disciplinary proceedings taken against legal practitioner directors or other persons or in connection with the grant, amendment, suspension or cancellation of Australian practising certificates.
95—Application of Chapter 6
Chapter 6 applies to an audit under this Division.
96—Banning of incorporated legal practices
	(1)	The Supreme Court may, on the application of the Regulator, the Attorney-General or the Society, make an order disqualifying a corporation from providing legal services in this jurisdiction for the period the Court considers appropriate if satisfied that—
	(a)	a ground for disqualifying the corporation under this section has been established; and
	(b)	the disqualification is justified.
	(2)	An order under this section may, if the Supreme Court thinks it appropriate, be made—
	(a)	subject to conditions as to the conduct of the incorporated legal practice; or
	(b)	subject to conditions as to when or in what circumstances the order is to take effect; or
	(c)	together with orders to safeguard the interests of clients or employees of the incorporated legal practice.
	(3)	Action may be taken against an incorporated legal practice on any of the following grounds:
	(a)	that a legal practitioner director or an Australian legal practitioner who is an officer or employee of the corporation is found guilty of professional misconduct under a law of this jurisdiction or another jurisdiction;
	(b)	that the Society is satisfied, after conducting an audit of the incorporated legal practice, that the incorporated legal practice has failed to implement satisfactory management and supervision of its provision of legal services;
	(c)	that the incorporated legal practice (or a related body corporate) has contravened section 76 or the regulations made under that section;
	(d)	that the incorporated legal practice has contravened section 93;
	(e)	that a person who is an officer of the incorporated legal practice and who is the subject of an order under:
	(i)	section 97 or under provisions of a corresponding law that correspond to that section; or
	(ii)	section 122 or under provisions of a corresponding law that correspond to that section,
is acting in the management of the incorporated legal practice.
	(4)	If a corporation is disqualified under this section, the applicant for the order must, as soon as practicable, notify the Regulator of every other jurisdiction.
	(5)	If a corporation is disqualified from providing legal services in another jurisdiction under a corresponding law, the Regulator may determine that the corporation is taken to be disqualified from providing legal services in this jurisdiction for the same period, but nothing in this subsection prevents the Regulator, the Attorney-General or the Society from instead applying for an order under this section.
	(6)	A corporation that provides legal services in contravention of a disqualification under this section is guilty of an offence.
Maximum penalty: $50 000.
	(7)	A corporation that is disqualified under this section ceases to be an incorporated legal practice.
	(8)	Conduct of an Australian legal practitioner who provides legal services on behalf of a corporation in the capacity of an officer or employee of the corporation is capable of constituting unsatisfactory professional conduct or professional misconduct where the practitioner ought reasonably to have known that the corporation is disqualified under this section.
	(9)	The regulations may make provision for or with respect to the publication and notification of orders made under this section, including notification of appropriate authorities of other jurisdictions.
97—Disqualification from managing incorporated legal practice
	(1)	The Supreme Court may, on the application of the Regulator, the Attorney-General or the Society, make an order disqualifying a person from managing a corporation that is an incorporated legal practice for the period the Court considers appropriate if satisfied that—
	(a)	the person is a person who could be disqualified under section 206C, 206D, 206E or 206F of the Corporations Act 2001 of the Commonwealth from managing corporations; and
	(b)	the disqualification is justified.
	(2)	The Supreme Court may, on the application of a person subject to a disqualification order under this section, revoke the order.
	(3)	A disqualification order made under this section has effect for the purposes only of this Act and does not affect the application or operation of the Corporations Act 2001 of the Commonwealth.
	(4)	The regulations may make provision for or with respect to the publication and notification of orders made under this section.
	(5)	A person who is disqualified from managing a corporation under provisions of a corresponding law that correspond to this section is taken to be disqualified from managing a corporation under this section.
98—Disclosure of information to Australian Securities and Investments Commission
	(1)	This section applies if the Regulator, the Attorney-General or the Society, in connection with exercising powers or performing functions under this Act, acquired information concerning a corporation that is or was an incorporated legal practice.
	(2)	The Regulator, the Attorney-General or the Society may disclose to the Australian Securities and Investments Commission information concerning the corporation that is relevant to the Commission’s functions.
	(3)	Information may be provided under subsection (2) despite any law relating to secrecy or confidentiality, including any provisions of this Act.
99—External administration proceedings under Corporations Act 2001
	(1)	This section applies to proceedings in any court under Chapter 5 (External administration) of the Corporations Act 2001 of the Commonwealth—
	(a)	relating to a corporation that is an externally-administered body corporate under that Act; or
	(b)	relating to a corporation becoming an externally-administered body corporate under that Act,
being a corporation that is or was an incorporated legal practice.
	(2)	The Regulator, the Attorney-General and the Society are entitled to intervene in the proceedings, unless the court determines that the proceedings do not concern or affect the provision of legal services by the incorporated legal practice.
	(3)	The court may, when exercising its jurisdiction in the proceedings, have regard to the interests of the clients of the incorporated legal practice who have been or are to be provided with legal services by the practice.
	(4)	Subsection (3) does not authorise the court to make any decision that is contrary to a specific provision of the Corporations Act 2001 of the Commonwealth.
	(5)	The provisions of subsections (2) and (3) are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act 2001 of the Commonwealth in relation to the provisions of Chapter 5 of that Act.
Note—
Section 5G of the Corporations Act 2001 of the Commonwealth provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.
100—External administration proceedings under other legislation
	(1)	This section applies to proceedings for the external administration (however expressed) of an incorporated legal practice, but does not apply to proceedings to which section 99 applies.
	(2)	The Regulator, the Attorney-General and the Society are entitled to intervene in the proceedings, unless the court determines that the proceedings do not concern or affect the provision of legal services by the incorporated legal practice.
	(3)	The court may, when exercising its jurisdiction in the proceedings, have regard to the interests of the clients of the incorporated legal practice who have been or are to be provided with legal services by the practice.
	(4)	Subsection (3) does not authorise the court to make any decision that is contrary to a specific provision of any legislation applicable to the incorporated legal practice.
101—Incorporated legal practice that is subject to receivership under this Act and external administration under Corporations Act 2001 (Cth)
	(1)	This section applies if an incorporated legal practice is the subject of both—
	(a)	the appointment of a Chapter 5 receiver; and
	(b)	the appointment of a Corporations Act administrator.
	(2)	The Chapter 5 receiver is under a duty to notify the Corporations Act administrator of the appointment of the Chapter 5 receiver, whether the appointment precedes, follows or is contemporaneous with the appointment of the Corporations Act administrator.
	(3)	The Chapter 5 receiver or the Corporations Act administrator (or both of them jointly) may apply to the Supreme Court for the resolution of issues arising from or in connection with the dual appointments and their respective powers, except where proceedings referred to in section 99 have been commenced.
	(4)	The Supreme Court may make any orders it considers appropriate, and no liability attaches to the Chapter 5 receiver or the Corporations Act administrator for any act or omission done by the receiver or administrator in good faith for the purpose of carrying out or acting in accordance with the orders.
	(5)	The Society and the Regulator are entitled to intervene in the proceedings, unless the Court determines that the proceedings do not concern or affect the provision of legal services by the incorporated legal practice.
	(6)	The provisions of subsections (3) and (4) are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act 2001 of the Commonwealth in relation to the provisions of Chapter 5 of that Act.
	(7)	In this section—
Corporations Act administrator means—
	(a)	a receiver, receiver and manager, liquidator (including a provisional liquidator), controller, administrator or deed administrator appointed under the Corporations Act 2001 of the Commonwealth; or
	(b)	a person who is appointed to exercise powers under that Act and who is prescribed, or of a class prescribed, by the regulations for the purposes of this definition;
Chapter 5 receiver means a receiver appointed under Chapter 5.
102—Incorporated legal practice that is subject to receivership under this Act and external administration under other legislation
	(1)	This section applies if an incorporated legal practice is the subject of both—
	(a)	the appointment of a Chapter 5 receiver; and
	(b)	the appointment of an external administrator.
	(2)	The Chapter 5 receiver is under a duty to notify the external administrator of the appointment of the Chapter 5 receiver, whether the appointment precedes, follows or is contemporaneous with the appointment of the external administrator.
	(3)	The Chapter 5 receiver or the external administrator (or both of them jointly) may apply to the Supreme Court for the resolution of issues arising from or in connection with the dual appointments and their respective powers.
	(4)	The Supreme Court may make any orders it considers appropriate, and no liability attaches to the Chapter 5 receiver or the external administrator for any act or omission done by the receiver or administrator in good faith for the purpose of carrying out or acting in accordance with the orders.
	(5)	The Society and the Regulator are entitled to intervene in the proceedings, unless the Court determines that the proceedings do not concern or affect the provision of legal services by the incorporated legal practice.
	(6)	In this section—
external administrator means a person who is appointed to exercise powers under other legislation (whether or not of this jurisdiction) and who is prescribed, or of a class prescribed, by the regulations for the purposes of this definition;
Chapter 5 receiver means a receiver appointed under Chapter 5.
103—Co-operation between courts
Courts of this jurisdiction may make arrangements for communicating and co-operating with other courts or tribunals in connection with the exercise of powers under this Part.
104—Relationship of Act to constitution of incorporated legal practice
The provisions of this Act or the regulations that apply to an incorporated legal practice prevail, to the extent of any inconsistency, over the constitution or other constituent documents of the practice.
105—Relationship of Act to legislation establishing incorporated legal practice
	(1)	This section applies to a corporation that is established by or under a law (whether or not of this jurisdiction), is an incorporated legal practice, but is not a company within the meaning of the Corporations Act 2001 of the Commonwealth.
	(2)	The provisions of this Act or the regulations that apply to an incorporated legal practice prevail, to the extent of any inconsistency, over provisions of the legislation by or under which the corporation is established or regulated that are specified or described in the regulations.
106—Relationship of Act to Corporations legislation
	(1)	The regulations may declare any provision of this Act or the regulations that relates to an incorporated legal practice to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act 2001 of the Commonwealth.
	(2)	The regulations may declare any matter relating to an incorporated legal practice that is prohibited, required, authorised or permitted by or under this Act or the regulations to be an excluded matter for the purposes of section 5F of the Corporations Act 2001 of the Commonwealth in relation to—
	(a)	the whole of the Corporations legislation; or
	(b)	a specified provision of the Corporations legislation; or
	(c)	the Corporations legislation other than a specified provision; or
	(d)	the Corporations legislation otherwise than to a specified extent.
	(3)	In this section—
matter includes act, omission, body, person or thing.
107—Undue influence
A person (whether or not an officer or an employee of an incorporated legal practice) must not cause or induce or attempt to cause or induce—
	(a)	a legal practitioner director; or
	(b)	another Australian legal practitioner who provides legal services on behalf of an incorporated legal practice,
to contravene this Act, the regulations, the legal profession rules or his or her professional obligations as an Australian legal practitioner.
Maximum penalty: $50 000.

Division 3—Multi-disciplinary partnerships
108—Nature of multi-disciplinary partnership
	(1)	A multi-disciplinary partnership is a partnership between 1 or more Australian legal practitioners and 1 or more other persons who are not Australian legal practitioners, where the business of the partnership includes the provision of legal services in this jurisdiction as well as other services.
	(2)	However, a partnership consisting only of 1 or more Australian legal practitioners and 1 or more Australian-registered foreign lawyers is not a multi-disciplinary partnership.
	(3)	Nothing in this Part affects or applies to the provision by a multi-disciplinary partnership of legal services in one or more other jurisdictions.
109—Conduct of multi-disciplinary partnerships
	(1)	An Australian legal practitioner may be in partnership with a person who is not an Australian legal practitioner, where the business of the partnership includes the provision of legal services.
	(2)	Subsection (1) does not prevent an Australian legal practitioner from being in partnership with a person who is not an Australian legal practitioner, where the business of the partnership does not include the provision of legal services.
	(3)	The regulations may prohibit an Australian legal practitioner from being in partnership with a person providing a service or conducting a business of a kind specified by the regulations, where the business of the partnership includes the provision of legal services.
Note—
Contravention of these regulations is a ground for making a prohibition order under section 122.
110—Notice of intention to start practice in multi-disciplinary partnership
A legal practitioner partner must, before starting to provide legal services in this jurisdiction as a member of a multi-disciplinary partnership, give the Supreme Court written notice, in the approved form, of his or her intention to do so.
Maximum penalty: $50 000.
111—General obligations of legal practitioner partners
	(1)	Each legal practitioner partner of a multi-disciplinary partnership is, for the purposes only of this Act, responsible for the management of the legal services provided in this jurisdiction by the partnership.
	(2)	Each legal practitioner partner must ensure that appropriate management systems are implemented and maintained to enable the provision of legal services by the multi-disciplinary partnership—
	(a)	in accordance with the professional obligations of Australian legal practitioners and the other obligations imposed by this Act, the regulations and the legal profession rules; and
	(b)	so that the professional obligations of legal practitioner partners and employees who are Australian legal practitioners are not affected by other partners and employees of the partnership.
112—Obligations of legal practitioner partner relating to misconduct
	(1)	Each of the following is capable of constituting unsatisfactory professional conduct or professional misconduct by a legal practitioner partner:
	(a)	unsatisfactory professional conduct or professional misconduct of an Australian legal practitioner employed by the multi-disciplinary partnership;
	(b)	conduct of any other partner (not being an Australian legal practitioner) of the multi-disciplinary partnership that adversely affects the provision of legal services by the partnership;
	(c)	the unsuitability of any other partner (not being an Australian legal practitioner) of the multi-disciplinary partnership to be a member of a partnership that provides legal services.
	(2)	A legal practitioner partner of a multi-disciplinary partnership must ensure that all reasonable action available to the legal practitioner partner is taken to deal with any unsatisfactory professional conduct or professional misconduct of an Australian legal practitioner employed by the partnership.
113—Actions of partner who is not an Australian legal practitioner
A partner of a multi-disciplinary partnership who is not an Australian legal practitioner does not contravene a provision of this Act, the regulations or the legal profession rules merely because of any of the following:
	(a)	the partner is a member of a partnership where the business of the partnership includes the provision of legal services;
	(b)	the partner receives any fee, gain or reward for business of the partnership that is the business of an Australian legal practitioner;
	(c)	the partner holds out, advertises or represents himself or herself as a member of a partnership where the business of the partnership includes the provision of legal services;
	(d)	the partner shares with any other partner the receipts of business of the partnership that is the business of an Australian legal practitioner,
unless the provision expressly applies to a partner of a multi-disciplinary partnership who is not an Australian legal practitioner.
114—Obligations and privileges of practitioners who are partners or employees
	(1)	An Australian legal practitioner who provides legal services in the capacity of a partner or an employee of a multi-disciplinary partnership—
	(a)	is not excused from compliance with professional obligations as an Australian legal practitioner, or any other obligations as an Australian legal practitioner under any law; and
	(b)	does not lose the professional privileges of an Australian legal practitioner.
	(2)	The law relating to client legal privilege (or other legal professional privilege) is not excluded or otherwise affected because an Australian legal practitioner is acting in the capacity of a partner or an employee of a multi-disciplinary partnership.
115—Conflicts of interest
	(1)	For the purposes of the application of any law (including the common law) or legal profession rules relating to conflicts of interest to the conduct of an Australian legal practitioner who is—
	(a)	a legal practitioner partner of a multi-disciplinary partnership; or
	(b)	an employee of a multi-disciplinary partnership,
the interests of the partnership or any partner of the multi-disciplinary partnership are also taken to be those of the practitioner concerned (in addition to any interests that the practitioner has apart from this subsection).
	(2)	Legal profession rules may be made for or with respect to additional duties and obligations in connection with conflicts of interest arising out of the conduct of a multi-disciplinary partnership.
Note—
Under section 114, an Australian legal practitioner who is a partner or employee of a multi-disciplinary partnership must comply with the same professional obligations as other practitioners.
116—Disclosure obligations
	(1)	This section applies if a person engages a multi-disciplinary partnership to provide services that the person might reasonably assume to be legal services.
	(2)	Each legal practitioner partner of the multi-disciplinary partnership, and any employee of the partnership who is an Australian legal practitioner and who provides the services on behalf of the partnership, must ensure that a disclosure, complying with the requirements of this section and the regulations made for the purposes of this section, is made to the person in connection with the provision of the services.
Maximum penalty: $50 000.
	(3)	The disclosure must be made by giving the person a notice in writing—
	(a)	setting out the services to be provided; and
	(b)	stating whether or not all the legal services to be provided will be provided by an Australian legal practitioner; and
	(c)	if some or all of the legal services to be provided will not be provided by an Australian legal practitioner—identifying those services and indicating the status or qualifications of the person or persons who will provide the services; and
Note—
For example, the person might be a licensed conveyancer. However, this paragraph would not apply in a case where a law applying in the jurisdiction prohibits a particular legal service from being provided by a person who is not an Australian legal practitioner.
	(d)	stating that this Act applies to the provision of legal services but not to the provision of the non-legal services.
	(4)	The regulations may make provision for or with respect to the following matters:
	(a)	the manner in which disclosure is to be made;
	(b)	additional matters required to be disclosed in connection with the provision of legal services or non-legal services by a multi-disciplinary partnership.
	(5)	Without limiting subsection (4), the additional matters may include the kind of services provided by the multi-disciplinary partnership and whether those services are or are not covered by the insurance or other provisions of this Act.
	(6)	A disclosure under this section to a person about the provision of legal services may relate to the provision of legal services on 1 occasion or on more than 1 occasion or on an on-going basis.
117—Effect of non-disclosure of provision of certain services
	(1)	This section applies if—
	(a)	section 116 applies in relation to a service that is provided to a person who has engaged a multi-disciplinary partnership to provide the service and that the person might reasonably assume to be a legal service; and
	(b)	a disclosure has not been made under that section in relation to the service.
	(2)	The standard of care owed by the multi-disciplinary partnership in respect of the service is the standard that would be applicable if the service had been provided by an Australian legal practitioner.
118—Application of legal profession rules
Legal profession rules, so far as they apply to Australian legal practitioners, also apply to Australian legal practitioners who are legal practitioner partners or employees of a multi-disciplinary partnership, unless the rules otherwise provide.
119—Requirements relating to advertising
	(1)	Any restriction imposed by or under this or any other Act, the regulations or the legal profession rules in connection with advertising by Australian legal practitioners applies to advertising by a multi-disciplinary partnership with respect to the provision of legal services.
	(2)	If a restriction referred to in subsection (1) is limited to a particular branch of the legal profession or for persons who practise in a particular style of legal practice, the restriction applies only to the extent that the multi-disciplinary partnership carries on the business of the relevant class of Australian legal practitioners.
	(3)	An advertisement of the kind referred to in this section is, for the purposes of disciplinary proceedings taken against an Australian legal practitioner, taken to have been authorised by each legal practitioner partner of the multi-disciplinary partnership.
	(4)	This section does not apply if the provision by which the restriction is imposed expressly excludes its applications to multi-disciplinary partnerships.
120—Sharing of receipts, revenue or other income
	(1)	Nothing in this Act, the regulations or the legal profession rules prevents a legal practitioner partner, or an Australian legal practitioner who is an employee of a multi-disciplinary partnership, from sharing receipts, revenue or other income arising from the provision of legal services by the partner or practitioner with a partner or partners who are not Australian legal practitioners.
	(2)	This section does not extend to the sharing of receipts, revenue or other income in contravention of section 121.
121—Disqualified persons
A legal practitioner partner of a multi-disciplinary partnership must not knowingly—
	(a)	be a partner of a disqualified person in the multi-disciplinary partnership; or
	(b)	share with a disqualified person the receipts, revenue or other income arising from the provision of legal services by the multi-disciplinary partnership; or
	(c)	employ or pay a disqualified person in connection with the provision of legal services by the multi-disciplinary partnership.
122—Prohibition on partnerships with certain partners who are not Australian legal practitioners
	(1)	This section applies to a person who—
	(a)	is not an Australian legal practitioner; and
	(b)	is or was a partner of an Australian legal practitioner.
	(2)	On application by the Regulator or the Society, the Supreme Court may make an order prohibiting any Australian legal practitioner from being a partner, in a business that includes the provision of legal services, of a specified person to whom this section applies if—
	(a)	the Court is satisfied that the person is not a fit and proper person to be a partner; or
	(b)	the Court is satisfied that the person has been guilty of conduct that, if the person were an Australian legal practitioner, would have constituted unsatisfactory professional conduct or professional misconduct; or
	(c)	in the case of a corporation, if the Court is satisfied that the corporation has been disqualified from providing legal services in this jurisdiction or there are grounds for disqualifying the corporation from providing legal services in this jurisdiction.
	(3)	An order made under this section may be revoked by the Supreme Court on application by the Regulator or the Society or by the person against whom the order was made.
	(4)	The death of an Australian legal practitioner does not prevent an application being made for, or the making of, an order under this section in relation to a person who was a partner of the practitioner.
	(5)	The regulations may make provision for or with respect to the publication and notification of orders made under this section.
123—Undue influence
A person (whether or not a partner, or employee, of a multi-disciplinary partnership) must not cause or induce or attempt to cause or induce—
	(a)	a legal practitioner partner; or
	(b)	an employee of a multi-disciplinary partnership who provides legal services and who is an Australian legal practitioner,
to contravene this Act, the regulations, the legal profession rules or his or her professional obligations as an Australian legal practitioner.
Maximum penalty: $50 000.

Division 4—Miscellaneous
124—Obligations of individual practitioners not affected
Except as provided by this Part, nothing in this Part affects any obligation imposed on—
	(a)	a legal practitioner director or an Australian legal practitioner who is an employee of an incorporated legal practice; or
	(b)	a legal practitioner partner or an Australian legal practitioner who is an employee of a multi-disciplinary partnership,
under this or any other Act, the regulations or the legal profession rules in his or her capacity as an Australian legal practitioner.
125—Regulations
	(1)	The regulations may make provision for or with respect to the following matters:
	(a)	the legal services provided by incorporated legal practices or legal practitioner partners or employees of multi-disciplinary partnerships;
	(b)	other services provided by incorporated legal practices or legal practitioner partners or employees of multi-disciplinary partnerships in circumstances where a conflict of interest relating to the provision of legal services may arise.
	(2)	A regulation prevails over any inconsistent provision of the legal profession rules.
	(3)	A regulation may provide that a breach of the regulations is capable of constituting unsatisfactory professional conduct or professional misconduct:
	(a)	in the case of an incorporated legal practice—by a legal practitioner director, or by an Australian legal practitioner responsible for the breach, or both; or
	(b)	in the case of a multi-disciplinary partnership—by a legal practitioner partner, or by an Australian legal practitioner responsible for the breach, or both.

Part 6—Legal practice—foreign lawyers
Division 1—Preliminary
126—Definitions
In this Part—
Australia includes the external territories;
Australian law means the law of the Commonwealth or of a jurisdiction;
foreign law means law of a foreign country;
foreign law practice means a partnership or corporate entity that is entitled to engage in legal practice in a foreign country;
foreign registration authority means an entity in a foreign country having the function, conferred by the law of the foreign country, of registering persons to engage in legal practice in the foreign country;
local registration certificate means a registration certificate given under this Part;
overseas-registered foreign lawyer means a natural person who is properly registered to engage in legal practice in a foreign country by the foreign registration authority for the country;
practise foreign law means do work, or transact business, in this jurisdiction concerning foreign law, being work or business of a kind that, if it concerned the law of this jurisdiction, would ordinarily be done or transacted by an Australian legal practitioner;
registered, when used in connection with a foreign country, means having all necessary licences, approvals, admissions, certificates or other forms of authorisation (including practising certificates) required by or under legislation for engaging in legal practice in that country.
127—This Part does not apply to Australian legal practitioners
	(1)	This Part does not apply to an Australian legal practitioner (including an Australian legal practitioner who is also an overseas-registered foreign lawyer).
	(2)	Accordingly, nothing in this Part requires or enables an Australian legal practitioner (including an Australian legal practitioner who is also an overseas-registered foreign lawyer) to be registered as a foreign lawyer under this Act in order to practise foreign law in this jurisdiction.

Division 2—Practice of foreign law
128—Requirement for registration
	(1)	A person must not practise foreign law in this jurisdiction unless the person is—
	(a)	an Australian-registered foreign lawyer; or
	(b)	an Australian legal practitioner.
Maximum penalty: $50 000.
	(2)	However, a person does not contravene subsection (1) if the person is an overseas-registered foreign lawyer—
	(a)	who—
	(i)	practises foreign law in this jurisdiction for 1 or more periods that do not in aggregate exceed 90 days in any period of 12 months; or
	(ii)	is subject to a restriction imposed under the Migration Act 1958 of the Commonwealth that has the effect of limiting the period during which work may be done, or business transacted, in Australia by the person; and
	(b)	who—
	(i)	does not maintain an office for the purpose of practising foreign law in this jurisdiction; or
	(ii)	does not become a partner or director of a law practice.
129—Entitlement of Australian-registered foreign lawyer to practise in this jurisdiction
An Australian-registered foreign lawyer is, subject to this Act, entitled to practise foreign law in this jurisdiction.
130—Scope of practice
	(1)	An Australian-registered foreign lawyer may provide only the following legal services in this jurisdiction:
	(a)	doing work, or transacting business, concerning the law of a foreign country where the lawyer is registered by the foreign registration authority for the country;
	(b)	legal services (including appearances) in relation to arbitration proceedings of a kind prescribed under the regulations;
	(c)	legal services (including appearances) in relation to proceedings before bodies other than courts, being proceedings in which the body concerned is not required to apply the rules of evidence and in which knowledge of the foreign law of a country referred to in paragraph (a) is essential;
	(d)	legal services for conciliation, mediation and other forms of consensual dispute resolution of a kind prescribed under the regulations.
	(2)	Nothing in this Act authorises an Australian-registered foreign lawyer to appear in any court (except on the lawyer’s own behalf) or to practise Australian law in this jurisdiction.
	(3)	Despite subsection (2), an Australian-registered foreign lawyer may advise on the effect of an Australian law if—
	(a)	the giving of advice on Australian law is necessarily incidental to the practice of foreign law; and
	(b)	the advice is expressly based on advice given on the Australian law by an Australian legal practitioner who is not an employee of the foreign lawyer.
131—Form of practice
	(1)	An Australian-registered foreign lawyer may (subject to any conditions attaching to the foreign lawyer’s registration) practise foreign law—
	(a)	on the foreign lawyer’s own account; or
	(b)	in partnership with 1 or more Australian-registered foreign lawyers or 1 or more Australian legal practitioners, or both, in circumstances where, if the Australian-registered foreign lawyer were an Australian legal practitioner, the partnership would be permitted under a law of this jurisdiction; or
	(c)	as a director or employee of an incorporated legal practice or a partner or employee of a multi-disciplinary partnership that is permitted by a law of this jurisdiction; or
	(d)	as an employee of an Australian legal practitioner or law firm in circumstances where, if the Australian-registered foreign lawyer were an Australian legal practitioner, the employment would be permitted under a law of this jurisdiction; or
	(e)	as an employee of an Australian-registered foreign lawyer.
	(2)	An affiliation referred to in subsection (1)(b) to (e) does not entitle the Australian-registered foreign lawyer to practise Australian law in this jurisdiction.
132—Application of Australian professional ethical and practice standards
	(1)	An Australian-registered foreign lawyer must not engage in any conduct in practising foreign law that would, if the conduct were engaged in by an Australian legal practitioner in practising Australian law in this jurisdiction, be capable of constituting professional misconduct or unsatisfactory professional conduct.
	(2)	Chapter 4 applies to a person who—
	(a)	is an Australian-registered foreign lawyer; or
	(b)	was an Australian-registered foreign lawyer when the relevant conduct allegedly occurred, but is no longer an Australian-registered foreign lawyer (in which case Chapter 4 applies as if the person were an Australian-registered foreign lawyer),
and so applies as if references in Chapter 4 to an Australian legal practitioner were references to a person of that kind.
	(3)	The regulations may make provision with respect to the application (with or without modification) of the provisions of Chapter 4 for the purposes of this section.
	(4)	Without limiting the matters that may be taken into account in determining whether a person should be disciplined for a contravention of subsection (1), the following matters may be taken into account:
	(a)	whether the conduct of the person was consistent with the standard of professional conduct of the legal profession in any foreign country where the person is registered;
	(b)	whether the person contravened the subsection wilfully or without reasonable excuse.
	(5)	Without limiting any other provision of this section or the orders that may be made under Chapter 4 as applied by this section, the following orders may be made under that Part as applied by this section:
	(a)	an order that a person’s registration under this Act as a foreign lawyer be cancelled;
	(b)	an order that a person’s registration under a corresponding law as a foreign lawyer be cancelled.
133—Designation
	(1)	An Australian-registered foreign lawyer may use only the following designations:
	(a)	the lawyer’s own name;
	(b)	a title or business name the lawyer is authorised by law to use in a foreign country where the lawyer is registered by a foreign registration authority;
	(c)	subject to this section, the name of a foreign law practice with which the lawyer is affiliated or associated (whether as a partner, director, employee or otherwise);
	(d)	if the lawyer is a principal of any law practice in Australia whose principals include both 1 or more Australian-registered foreign lawyers and 1 or more Australian legal practitioners—a description of the practice that includes reference to both Australian legal practitioners and Australian-registered foreign lawyers (for example, “Solicitors and locally registered foreign lawyers” or “Australian solicitors and US attorneys”).
	(2)	An Australian-registered foreign lawyer who is a principal of a foreign law practice may use the practice’s name in or in connection with practising foreign law in this jurisdiction only if—
	(a)	the lawyer indicates, on the lawyer’s letterhead or any other document used in this jurisdiction to identify the lawyer as an overseas-registered foreign lawyer, that the foreign law practice practises only foreign law in this jurisdiction; and
	(b)	the lawyer has provided the Society with acceptable evidence that the lawyer is a principal of the foreign law practice.
	(3)	An Australian-registered foreign lawyer who is a principal of a foreign law practice may use the name of the practice as referred to in this section whether or not other principals of the practice are Australian-registered foreign lawyers.
	(4)	This section does not authorise the use of a name or other designation that contravenes any requirements of the law of this jurisdiction concerning the use of business names or that is likely to lead to any confusion with the name of any established domestic law practice or foreign law practice in this jurisdiction.
134—Letterhead and other identifying documents
	(1)	An Australian-registered foreign lawyer must indicate, in each public document distributed by the lawyer in connection with the lawyer’s practice of foreign law, the fact that the lawyer is an Australian-registered foreign lawyer and is restricted to the practice of foreign law.
	(2)	Subsection (1) is satisfied if the lawyer includes in the public document the words—
	(a)	“registered foreign lawyer” or “registered foreign practitioner”; and
	(b)	“entitled to practise foreign law only”.
	(3)	An Australian-registered foreign lawyer may (but need not) include any or all of the following on any public document:
	(a)	an indication of all foreign countries in which the lawyer is registered to engage in legal practice;
	(b)	a description of himself or herself, and any law practice with which the lawyer is affiliated or associated, in any of the ways designated in section 133.
	(4)	In this section—
public document includes any business letter, statement of account, invoice, business card, and promotional and advertising material.
135—Advertising
	(1)	An Australian-registered foreign lawyer is required to comply with any advertising restrictions imposed by the Society or by law on legal practice engaged in by an Australian legal practitioner that are relevant to the practice of law in this jurisdiction.
	(2)	Without limiting subsection (1), an Australian-registered foreign lawyer must not advertise (or use any description on the lawyer’s letterhead or any other document used in this jurisdiction to identify the lawyer as a lawyer) in any way that—
	(a)	might reasonably be regarded as—
	(i)	false, misleading or deceptive; or
	(ii)	suggesting that the Australian-registered foreign lawyer is an Australian legal practitioner; or
	(b)	contravenes any requirements of the regulations.
136—Foreign lawyer employing Australian legal practitioner
	(1)	An Australian-registered foreign lawyer may employ 1 or more Australian legal practitioners.
	(2)	Employment of an Australian legal practitioner does not entitle an Australian-registered foreign lawyer to practise Australian law in this jurisdiction.
	(3)	An Australian legal practitioner employed by an Australian-registered foreign lawyer may practise foreign law.
	(4)	An Australian legal practitioner employed by an Australian-registered foreign lawyer must not—
	(a)	provide advice on Australian law to, or for use by, the Australian-registered foreign lawyer; or
	(b)	otherwise practise Australian law in this jurisdiction in the course of that employment.
	(5)	Subsection (4) does not apply to an Australian legal practitioner employed by a law firm a partner of which is an Australian-registered foreign lawyer, if at least 1 other partner is an Australian legal practitioner.
	(6)	Any period of employment of an Australian legal practitioner by an Australian-registered foreign lawyer cannot be used to satisfy a requirement imposed by a condition on a local practising certificate to complete a period of supervised legal practice.
137—Trust money and trust accounts
	(1)	The provisions of Chapter 3 Part 2, and any other provisions of this Act, the regulations or any legal profession rule relating to requirements for trust money and trust accounts, apply (subject to this section) to Australian-registered foreign lawyers in the same way as they apply to Australian legal practitioners.
	(2)	In this section, a reference to money is not limited to a reference to money in this jurisdiction.
	(3)	The regulations may make provision with respect to the application (with or without modification) of the provisions of this Act relating to trust money and trust accounts for the purposes of this section.
138—Professional indemnity insurance
	(1)	An Australian-registered foreign lawyer must, at all times while practising foreign law in this jurisdiction, comply with 1 of the following:
	(a)	the foreign lawyer must have professional indemnity insurance that conforms with the requirements for professional indemnity insurance applicable for Australian legal practitioners in any jurisdiction;
	(b)	if the foreign lawyer does not have professional indemnity insurance that complies with paragraph (a)—the foreign lawyer—
	(i)	must have professional indemnity insurance that covers the practise of foreign law in this jurisdiction and that complies with the relevant requirements of a foreign law or foreign registration authority; and
	(ii)	if the insurance is for less than $1.5 million per claim (inclusive of defence costs)—must provide a disclosure statement to each client disclosing the level of cover;
	(c)	if the foreign lawyer does not have professional indemnity insurance that complies with paragraph (a) or (b)—the foreign lawyer must provide a disclosure statement to each client stating that the lawyer does not have complying professional indemnity insurance.
	(2)	A disclosure statement must be made in writing before, or as soon as practicable after, the foreign lawyer is retained in the matter.
	(3)	A disclosure statement provided to a person before the foreign lawyer is retained in a matter is taken to be provided to the person as a client for the purposes of this section.
	(4)	A disclosure statement is not valid unless it is given in accordance with, and otherwise complies with, any applicable requirements of the regulations.
139—Guarantee fund
The regulations may provide that provisions of Chapter 3 Part 5 apply to prescribed classes of Australian-registered foreign lawyers and so apply with any modifications specified in the regulations.

Division 3—Local registration of foreign lawyers generally
140—Local registration of foreign lawyers
Overseas-registered foreign lawyers may be registered as foreign lawyers under this Act.
141—Duration of registration
	(1)	Registration as a foreign lawyer granted under this Act is in force from the day specified in the local registration certificate until the end of the financial year in which it is granted, unless the registration is sooner suspended or cancelled.
	(2)	Registration as a foreign lawyer renewed under this Act is in force until the end of the financial year following its previous period of currency, unless the registration is sooner suspended or cancelled.
	(3)	If an application for the renewal of registration as a foreign lawyer has not been determined by the following 1 July, the registration—
	(a)	continues in force on and from that 1 July until the Society renews or refuses to renew the registration or the holder withdraws the application for renewal, unless the registration is sooner suspended or cancelled; and
	(b)	if renewed, is taken to have been renewed on and from that 1 July.
142—Locally registered foreign lawyer is not officer of Supreme Court
A locally registered foreign lawyer is not an officer of the Supreme Court.

Division 4—Applications for grant or renewal of local registration
143—Application for grant or renewal of registration
An overseas-registered foreign lawyer may apply to the Society for the grant or renewal of registration as a foreign lawyer under this Act.
144—Manner of application
	(1)	An application for the grant or renewal of registration as a foreign lawyer must be—
	(a)	made in the approved form; and
	(b)	accompanied by the required fees.
	(2)	Different fees may be set according to different factors determined by the Society.
	(3)	The fees are not to be greater than the maximum fees for a local practising certificate.
	(4)	The Society may also require the applicant to pay any reasonable costs and expenses incurred by the Society in considering the application, including (for example) costs and expenses of making inquiries and obtaining information or documents about whether the applicant meets the criteria for registration.
	(5)	The fees and costs must not include any component for compulsory membership of any professional association.
	(6)	The approved form may require the applicant to disclose—
	(a)	matters that may affect the Society's consideration of the application for the grant or renewal of registration; and
	(b)	particulars of any offences for which the applicant has been convicted in Australia or a foreign country, whether before or after the commencement of this section.
	(7)	The approved form may indicate that convictions of a particular kind need not be disclosed for the purposes of the current application.
	(8)	The approved form may indicate that specified kinds of matters or particulars previously disclosed in a particular manner need not be disclosed for the purposes of the current application.
145—Requirements regarding applications for grant or renewal of registration
	(1)	An application for grant of registration must state the applicant’s educational and professional qualifications.
	(2)	An application for grant or renewal of registration must—
	(a)	state that the applicant is registered to engage in legal practice by 1 or more specified foreign registration authorities in 1 or more foreign countries; and
	(b)	state that the applicant is not an Australian legal practitioner; and
	(c)	state that the applicant is not the subject of disciplinary proceedings in Australia or a foreign country (including any preliminary investigations or action that might lead to disciplinary proceedings) in his or her capacity as—
	(i)	an overseas-registered foreign lawyer; or
	(ii)	an Australian-registered foreign lawyer; or
	(iii)	an Australian lawyer; and
	(d)	state whether the applicant has been convicted of an offence in Australia or a foreign country, and if so—
	(i)	the nature of the offence; and
	(ii)	how long ago the offence was committed; and
	(iii)	the applicant's age when the offence was committed; and
	(e)	state that the applicant’s registration is not cancelled or currently suspended in any place as a result of any disciplinary action in Australia or a foreign country; and
	(f)	state—
	(i)	that the applicant is not otherwise personally prohibited from engaging in legal practice in any place or bound by any undertaking not to carry out the practice of law in any place; and
	(ii)	whether or not the applicant is subject to any special conditions in engaging in legal practice in any place,
as a result of criminal, civil or disciplinary proceedings in Australia or a foreign country; and
	(g)	specify any special conditions imposed in Australia or a foreign country as a restriction on legal practice engaged in by the applicant or any undertaking given by the applicant restricting the applicant’s practice of law; and
	(h)	give consent to the making of inquiries of, and the exchange of information with, any foreign registration authorities the Society considers appropriate regarding the applicant’s activities in engaging in legal practice in the places concerned or otherwise regarding matters relevant to the application; and
	(i)	specify which of the paragraphs of section 138(1) the applicant proposes to rely on and be accompanied by supporting proof of the relevant matters; and
	(j)	provide the information or be accompanied by the other information or documents (or both) that is specified in the application form or in material accompanying the application form as provided by the Society.
	(3)	The application must (if the Society so requires) be accompanied by an original instrument, or a copy of an original instrument, from each foreign registration authority specified in the application that—
	(a)	verifies the applicant’s educational and professional qualifications; and
	(b)	verifies the applicant’s registration by the authority to engage in legal practice in the foreign country concerned, and the date of registration; and
	(c)	describes anything done by the applicant in engaging in legal practice in that foreign country of which the authority is aware and that, in the opinion of the authority, has had or is likely to have had an adverse effect on the applicant’s professional standing within the legal profession of that place.
	(4)	The applicant must (if the Society so requires) certify in the application that the accompanying instrument is the original or a complete and accurate copy of the original.
	(5)	The Society may require the applicant to verify the statements in the application by statutory declaration or by other proof acceptable to the Society.
	(6)	If the accompanying instrument is not in English, it must be accompanied by a translation in English that is authenticated or certified to the satisfaction of the Society.

Division 5—Grant or renewal of registration
146—Grant or renewal of registration
	(1)	The Society must consider an application that has been made for the grant or renewal of registration as a foreign lawyer and may—
	(a)	grant or refuse to grant the registration; or
	(b)	renew or refuse to renew the registration.
	(2)	The Society may, when granting or renewing registration, impose conditions as referred to in section 166.
	(3)	If the Society grants or renews registration, the Society must, as soon as practicable, give the applicant a registration certificate or a notice of renewal.
	(4)	If the Society—
	(a)	refuses to grant or renew registration; or
	(b)	imposes a condition on the registration and the applicant does not agree to the condition,
the Society must, as soon as practicable, give the applicant an information notice.
	(5)	A notice of renewal may be in the form of a new registration certificate or any other form the Society considers appropriate.
147—Requirement to grant or renew registration if criteria satisfied
	(1)	The Society must grant an application for registration as a foreign lawyer if the Society—
	(a)	is satisfied the applicant is registered to engage in legal practice in 1 or more foreign countries and is not an Australian legal practitioner; and
	(b)	considers an effective system exists for regulating engaging in legal practice in 1 or more of the foreign countries; and
	(c)	considers the applicant is not, as a result of criminal, civil or disciplinary proceedings in any of the foreign countries, subject to—
	(i)	any special conditions in engaging in legal practice in any of the foreign countries; or
	(ii)	any undertakings concerning engaging in legal practice in any of the foreign countries,
that would make it inappropriate to register the person; and
	(d)	is satisfied the applicant demonstrates an intention to commence practising foreign law in this jurisdiction within a reasonable period if registration were to be granted,
unless the Society refuses the application under this Part.
	(2)	The Society must grant an application for renewal of a person’s registration, unless the Society refuses renewal under this Part.
	(3)	Residence or domicile in this jurisdiction is not to be a prerequisite for or a factor in entitlement to the grant or renewal of registration.
148—Refusal to grant or renew registration
	(1)	The Society may refuse to consider an application if it is not made in accordance with this Act or the regulations.
	(2)	The Society may refuse to grant or renew registration if—
	(a)	the application is not accompanied by, or does not contain, the information required by this Part or prescribed by the regulations; or
	(b)	the applicant has contravened this Act or a corresponding law; or
	(c)	the applicant has contravened an order of the Tribunal or a corresponding disciplinary body, including but not limited to an order to pay any fine or costs; or
	(d)	the applicant has contravened an order of a regulatory authority of any jurisdiction to pay any fine or costs; or
	(e)	the applicant has failed to comply with a requirement under this Act to pay a contribution to, or levy for, the guarantee fund; or
	(f)	the applicant has contravened a requirement of or made under this Act about professional indemnity insurance; or
	(g)	the applicant has failed to pay any expenses of receivership payable under this Act; or
	(h)	the applicant's foreign legal practice is in receivership (however described).
	(3)	The Society may refuse to grant or renew registration if an authority of another jurisdiction has under a corresponding law—
	(a)	refused to grant or renew registration for the applicant; or
	(b)	suspended or cancelled the applicant’s registration.
	(4)	The Society may refuse to grant registration if the Society is satisfied that the applicant is not a fit and proper person to be registered after considering—
	(a)	the nature of any offence for which the applicant has been convicted in Australia or a foreign country, whether before or after the commencement of this section; and
	(b)	how long ago the offence was committed; and
	(c)	the person’s age when the offence was committed.
	(5)	The Society may refuse to renew registration if the Society is satisfied that the applicant is not a fit and proper person to continue to be registered after considering—
	(a)	the nature of any offence for which the applicant has been convicted in Australia or a foreign country, whether before or after the commencement of this section, other than an offence disclosed in a previous application to the Society; and
	(b)	how long ago the offence was committed; and
	(c)	the person’s age when the offence was committed.
	(6)	The Society may refuse to grant or renew registration on any ground on which registration could be suspended or cancelled.
	(7)	If the Society refuses to grant or renew registration, the Society must, as soon as practicable, give the applicant an information notice.
	(8)	Nothing in this section affects the operation of Division 7.

Division 6—Amendment, suspension or cancellation of local registration
149—Application of Division
This Division does not apply in relation to matters referred to in Division 7.
150—Grounds for amending, suspending or cancelling registration
	(1)	Each of the following is a ground for amending, suspending or cancelling a person’s registration as a foreign lawyer:
	(a)	the registration was obtained because of incorrect or misleading information;
	(b)	the person fails to comply with a requirement of this Part;
	(c)	the person fails to comply with a condition imposed on the person's registration;
	(d)	the person becomes the subject of disciplinary proceedings in Australia or a foreign country (including any preliminary investigations or action that might lead to disciplinary proceedings) in his or her capacity as—
	(i)	an overseas-registered foreign lawyer; or
	(ii)	an Australian-registered foreign lawyer; or
	(iii)	an Australian lawyer;
	(e)	the person has been convicted of an offence in Australia or a foreign country;
	(f)	the person's registration is cancelled or currently suspended in any place as a result of any disciplinary action taken in Australia or a foreign country;
	(g)	the person does not meet the requirements of section 138;
	(h)	another ground the Society considers sufficient.
	(2)	Subsection (1) does not limit the grounds on which conditions may be imposed on registration as a foreign lawyer under section 166.
151—Amending, suspending or cancelling registration
	(1)	If the Society considers reasonable grounds exist to amend, suspend or cancel a person’s registration as a foreign lawyer (the action), the Society must give the person a notice that—
	(a)	states the action proposed and—
	(i)	if the proposed action is to amend the registration in any way—states the proposed amendment; and
	(ii)	if the proposed action is to suspend the registration—states the proposed suspension period; and
	(b)	states the grounds for proposing to take the action; and
	(c)	outlines the facts and circumstances that form the basis for the Society’s belief; and
	(d)	invites the person to make written representations to the Society, within a specified time not less than 7 days and not more than 28 days, as to why the action proposed should not be taken.
	(2)	If, after considering all written representations made within the specified time, the Society still believes grounds exist to take the action, the Society may—
	(a)	if the notice stated the action proposed was to amend the registration—amend the registration in the way specified or in another way the Society considers appropriate in the light of the representations; or
	(b)	if the notice stated the action proposed was to suspend the registration for a specified period—suspend the registration for a period no longer than the specified period; or
	(c)	if the notice stated the action proposed was to cancel the registration—
	(i)	cancel the registration; or
	(ii)	suspend the registration for a period; or
	(iii)	amend the registration in a less onerous way the Society considers appropriate because of the representations.
	(3)	The Society may, at its discretion, consider representations made after the specified time.
	(4)	The Society must give the person notice of the Society’s decision.
	(5)	If the Society amends, suspends or cancels the registration, the Society must give the person an information notice.
	(6)	In this section—
amend registration means amend the registration under section 166 during its currency, otherwise than at the request of the foreign lawyer concerned.
152—Operation of amendment, suspension or cancellation of registration
	(1)	This section applies if a decision is made to amend, suspend or cancel a person’s registration under section 151.
	(2)	Subject to subsections (3) and (4), the amendment, suspension or cancellation of the registration takes effect on the later of the following:
	(a)	the day notice of the decision is given to the person;
	(b)	the day specified in the notice.
	(3)	If the registration is amended, suspended or cancelled because the person has been convicted of an offence—
	(a)	the Society may, on the application of the person, order that the operation of the amendment, suspension or cancellation of the registration be stayed until—
	(i)	the end of the time to appeal against the conviction; and
	(ii)	if an appeal is made against the conviction—the appeal is finally decided, lapses or otherwise ends; and
	(b)	the amendment, suspension or cancellation does not have effect during any period in respect of which the stay is in force.
	(4)	If the registration is amended, suspended or cancelled because the person has been convicted of an offence and the conviction is quashed—
	(a)	the amendment or suspension ceases to have effect when the conviction is quashed; or
	(b)	the cancellation ceases to have effect when the conviction is quashed and the registration is restored as if it had merely been suspended.
153—Other ways of amending or cancelling registration
	(1)	This section applies if—
	(a)	a locally registered foreign lawyer requests the Society to amend or cancel the registration and the Society proposes to give effect to the request; or
	(b)	the Society proposes to amend a locally registered foreign lawyer’s registration only—
	(i)	for a formal or clerical reason; or
	(ii)	in another way that does not adversely affect the lawyer’s interests.
	(2)	The Society may amend or cancel the registration as referred to in subsection (1) by written notice given to the lawyer, and section 151 does not apply in that case.
154—Relationship of this Division with Chapter 4
Nothing in this Division prevents a complaint from being made under Chapter 4 about a matter to which this Division relates.

Division 7—Special powers in relation to local registration—show cause events
155—Applicant for local registration—show cause event
	(1)	This section applies if—
	(a)	a person is applying for registration as a foreign lawyer under this Act; and
	(b)	a show cause event in relation to the person happened, whether before or after the commencement of this section, after the person first became an overseas-registered foreign lawyer.
	(2)	As part of the application, the person must provide to the Society a written statement, in accordance with the regulations—
	(a)	about the show cause event; and
	(b)	explaining why, despite the show cause event, the applicant considers himself or herself to be a fit and proper person to be a locally registered foreign lawyer.
	(3)	However, the person need not provide a statement under subsection (2) if the person has previously provided to the Society a statement under this section, or a notice and statement under section 156, explaining why, despite the show cause event, the person considers himself or herself to be a fit and proper person to be a locally registered foreign lawyer.
156—Locally registered foreign lawyer—show cause event
	(1)	This section applies to a show cause event that happens in relation to a locally registered foreign lawyer.
	(2)	The locally registered foreign lawyer must provide to the Society both of the following:
	(a)	within 7 days after the happening of the event—notice, in the approved form, that the event happened;
	(b)	within 28 days after the happening of the event—a written statement explaining why, despite the show cause event, the person considers himself or herself to be a fit and proper person to be a locally registered foreign lawyer.
	(3)	If a written statement is provided after the 28 days mentioned in subsection (2)(b), the Society may accept the statement and take it into consideration.
157—Refusal, amendment, suspension or cancellation of local registration—failure to show cause
	(1)	The Society may refuse to grant or renew, or may amend, suspend or cancel, local registration if the applicant for registration or the locally registered foreign lawyer—
	(a)	is required by section 155 or 156 to provide a written statement relating to a matter and has failed to provide a written statement in accordance with that requirement; or
	(b)	has provided a written statement in accordance with section 155 or 156 but the Society does not consider that the applicant or foreign lawyer has shown in the statement that, despite the show cause event concerned, he or she is a fit and proper person to be a locally registered foreign lawyer.
	(2)	For the purposes of this section only, a written statement accepted by the Society under section 156(3) is taken to have been provided in accordance with section 156.
	(3)	If the Society makes a determination under this section, the Society must, as soon as practicable, give the applicant or lawyer an information notice.
158—Restriction on making further applications
	(1)	If the Society determines under this Division to cancel a person’s registration, the Society may also determine that the person is not entitled to apply for registration under this Part for a specified period (being a period not exceeding 5 years).
	(2)	A person in respect of whom a determination has been made under this section, or under a provision of a corresponding law that corresponds to this section, is not entitled to apply for registration under this Part during the period specified in the determination.
159—Relationship of this Division with Chapter 4 Part 2 and Chapter 6
	(1)	The Society has and may exercise powers under Chapter 4 Part 2, and Chapter 6, in relation to a matter under this Division, as if the matter were the subject of a complaint under Chapter 4 Part 2.
	(2)	Accordingly, the provisions of Chapter 4 Part 2 Division 1, and Chapter 6, apply in relation to a matter under this Division, and so apply with any necessary modifications.
	(3)	Nothing in this Division prevents a complaint from being made under Chapter 4 Part 2 about a matter to which this Division relates.

Division 8—Further provisions relating to local registration
160—Immediate suspension of registration
	(1)	This section applies, despite section 151 and 152, if the Society considers it necessary in the public interest to immediately suspend a person’s registration as a foreign lawyer.
	(2)	The Society may, by written notice given to the person, immediately suspend the registration until the earlier of the following:
	(a)	the time at which the Society informs the person of the Society’s decision by notice under section 151;
	(b)	the end of the period of 56 days after the notice is given to the person under this section.
	(3)	The notice under this section must state—
	(a)	the reasons for the suspension; and
	(b)	that the person may make written representations to the Society about the suspension.
	(4)	The person may make written representations to the Society about the suspension, and the Society must consider the representations.
	(5)	The Society may revoke the suspension at any time, whether or not in response to any written representations made to it by the person.
161—Surrender of local registration certificate and cancellation of registration
	(1)	A person registered as a foreign lawyer under this Part may surrender the local registration certificate to the Society.
	(2)	The Society may cancel the registration.
162—Automatic cancellation of registration on grant of practising certificate
A person’s registration as a foreign lawyer under this Part is taken to be cancelled if the person becomes an Australian legal practitioner.
163—Suspension or cancellation of registration not to affect disciplinary processes
The suspension or cancellation of a person’s registration as a foreign lawyer under this Part does not affect any disciplinary processes in respect of matters arising before the suspension or cancellation.
164—Return of local registration certificate on amendment, suspension or cancellation of registration
	(1)	This section applies if a person’s registration under this Part as a foreign lawyer is amended, suspended or cancelled.
	(2)	The Society may give the person a notice requiring the person to return the local registration certificate to the Society in the way specified in the notice within a specified period of not less than 14 days.
	(3)	The person must comply with the notice, unless the person has a reasonable excuse.
Maximum penalty: $50 000.
	(4)	If the certificate is amended, the Society must return the certificate to the person as soon as practicable after amending it.

Division 9—Conditions on registration
165—Conditions generally
Registration as a foreign lawyer under this Part is subject to—
	(a)	any conditions imposed by the Society; and
	(b)	any statutory conditions imposed by this or any other Act; and
	(c)	any conditions imposed by or under the legal profession rules; and
	(d)	any conditions imposed under Chapter 4 Part 2 or under provisions of a corresponding law that correspond to Chapter 4 Part 2.
166—Conditions imposed by Society
	(1)	The Society may impose conditions on registration as a foreign lawyer—
	(a)	when it is granted or renewed; or
	(b)	during its currency.
	(2)	A condition imposed under this section may be about any of the following:
	(a)	any matter in respect of which a condition could be imposed on a local practising certificate;
	(b)	a matter agreed to by the foreign lawyer.
	(3)	The Society must not impose a condition under subsection (2)(a) that is more onerous than a condition that would be imposed on a local practising certificate of a local legal practitioner in the same or similar circumstances.
	(4)	The Society may vary or revoke conditions imposed by it under this section.
167—Statutory condition regarding notification of offence
	(1)	It is a statutory condition of registration as a foreign lawyer that the lawyer—
	(a)	must notify the Society that the lawyer has been—
	(i)	convicted of an offence that would have to be disclosed in relation to an application for registration as a foreign lawyer under this Act; or
	(ii)	charged with a serious offence; and
	(b)	must do so within 7 days of the event and by a written notice.
	(2)	The legal profession rules may specify the form of the notice to be used and the person to whom or the address to which it is to be sent or delivered.
	(3)	This section does not apply to an offence to which Division 7 applies.
168—Conditions imposed by legal profession rules
The legal profession rules may—
	(a)	impose conditions on the registration of foreign lawyers or any class of foreign lawyers; or
	(b)	authorise conditions to be imposed on the registration of foreign lawyers or any class of foreign lawyers.
169—Compliance with conditions
A locally registered foreign lawyer must not contravene a condition to which the registration is subject.
Maximum penalty: $50 000.

Division 10—Interstate-registered foreign lawyers
170—Extent of entitlement of interstate-registered foreign lawyers to practise in this jurisdiction
	(1)	This Part does not authorise an interstate-registered foreign lawyer to practise foreign law in this jurisdiction to a greater extent than a locally registered foreign lawyer could be authorised under a local registration certificate.
	(2)	Also, an interstate-registered foreign lawyer’s right to practise foreign law in this jurisdiction—
	(a)	is subject to—
	(i)	any conditions imposed by the Society under section 171; and
	(ii)	any conditions imposed by or under the legal profession rules as referred to in that section; and
	(b)	is, to the greatest practicable extent and with all necessary changes—
	(i)	the same as the interstate-registered foreign lawyer’s right to practise foreign law in the lawyer’s home jurisdiction; and
	(ii)	subject to any condition on the interstate-registered foreign lawyer’s right to practise foreign law in that jurisdiction.
	(3)	If there is an inconsistency between conditions mentioned in subsection (2)(a) and conditions mentioned in subsection (2)(b), the conditions that are, in the opinion of the Society, more onerous prevail to the extent of the inconsistency.
	(4)	An interstate-registered foreign lawyer must not practise foreign law in this jurisdiction in a manner not authorised by this Act or in contravention of any condition referred to in this section.
171—Additional conditions on practice of interstate-registered foreign lawyers
	(1)	The Society may, by written notice to an interstate-registered foreign lawyer practising foreign law in this jurisdiction, impose any condition on the interstate-registered foreign lawyer’s practice that it may impose under this Act in relation to a locally registered foreign lawyer.
	(2)	Also, an interstate-registered foreign lawyer’s right to practise foreign law in this jurisdiction is subject to any condition imposed by or under an applicable legal profession rule.
	(3)	Conditions imposed under or referred to in this section must not be more onerous than conditions applying to locally registered foreign lawyers in the same or similar circumstances.

Division 11—Miscellaneous
172—Consideration and investigation of applicants and locally registered foreign lawyers
	(1)	To help it consider whether or not to grant, renew, suspend or cancel registration under this Part, or impose conditions on a person’s registration under this Part, the Society may, by notice to the applicant or locally registered foreign lawyer, require the applicant or locally registered foreign lawyer—
	(a)	to give it specified documents or information; or
	(b)	to co-operate with any inquiries that it considers appropriate.
	(2)	A failure to comply with a notice under subsection (1) by the date specified in the notice and in the way required by the notice is a ground for making an adverse decision in relation to the action being considered by the Society.
173—Register of locally registered foreign lawyers
	(1)	The Society must keep a register of the names of locally registered foreign lawyers.
	(2)	The register must—
	(a)	state the conditions (if any) imposed on a foreign lawyer’s registration; and
	(b)	include other particulars prescribed by the regulations.
	(3)	The register may be kept in the way the Society decides.
	(4)	The register must be available for inspection, without charge, at a place determined by the Society during normal business hours or at an internet site maintained by the Society.
174—Publication of information about locally registered foreign lawyers
The Society may publish, in circumstances that it considers appropriate, the names of persons registered by it as foreign lawyers under this Part and any relevant particulars concerning those persons.
175—Exemption by Society
	(1)	The Society may exempt an Australian-registered foreign lawyer or class of Australian-registered foreign lawyers from compliance with a specified provision of this Act or the regulations, or from compliance with a specified rule or part of a rule that would otherwise apply to the foreign lawyer or class of foreign lawyers.
	(2)	An exemption may be granted unconditionally or subject to conditions specified in writing.
	(3)	The Society may revoke or vary any conditions imposed under this section or impose new conditions.
176—Membership of professional association
An Australian-registered foreign lawyer is not required to join (but may, if eligible, join) any professional association.

Part 7—Community legal centres
177—Definition
In this Part—
professional obligations of an Australian legal practitioner include—
	(a)	duties to the Supreme Court; and
	(b)	obligations in connection with conflicts of interest; and
	(c)	duties to clients, including disclosure; and
	(d)	ethical rules required to be observed by the practitioner.
178—Community legal centres
	(1)	A community legal centre does not contravene this Act merely because—
	(a)	it employs, or otherwise uses the services of, Australian legal practitioners to provide legal services; or
	(b)	it has a contractual relationship with a person to whom those legal services are provided.
	(2)	The regulations may modify or exclude the application of a provision of this Act to community legal centres or Australian legal practitioners employed by community legal centres.
	(3)	This section has effect despite anything to the contrary in this Act.
179—Obligations and privileges of practitioners who are officers or employees
	(1)	An Australian legal practitioner who provides legal services on behalf of a community legal centre—
	(a)	is not excused from compliance with professional obligations as an Australian legal practitioner, or any obligations as an Australian legal practitioner under any law; and
	(b)	does not lose the professional privileges of an Australian legal practitioner.
	(2)	The regulations may make further provision in relation to the application of the professional obligations and professional privileges of a practitioner for the purposes of subsection (1).
	(3)	The law relating to client legal privilege (or other legal professional privilege) is not excluded or otherwise affected because an Australian legal practitioner is providing legal services on behalf of a community legal centre.
	(4)	An Australian legal practitioner who is providing legal services on behalf of a community legal centre may, for any proper purpose, disclose a matter to the officers of the centre (whether or not those officers are Australian legal practitioners) and such disclosure will be taken not to affect the operation of client legal privilege (or other legal professional privilege).
180—Undue influence
A person must not cause or induce or attempt to cause or induce an Australian legal practitioner who is providing legal services on behalf of a community legal centre to contravene this Act, the regulations, the legal profession rules or his or her professional obligations as an Australian legal practitioner.
Maximum penalty: $50 000.
181—Application of legal profession rules
Legal profession rules, so far as they apply to Australian legal practitioners, also apply to Australian legal practitioners who provide legal services on behalf of a community legal centre, unless the rules otherwise provide.
182—Costs
If legal assistance has been provided to a person by a community legal centre, the centre is subrogated to the rights of the assisted person to costs in respect of that legal assistance.

Chapter 3—Conduct of legal practice
Part 1—Manner of legal practice
Division 1—Rules for Australian legal practitioners and registered foreign lawyers
183—Rules for Australian legal practitioners
The Society may make rules about legal practice in this jurisdiction engaged in by Australian legal practitioners.
184—Rules for foreign lawyers
The Society may make rules about engaging in legal practice in this jurisdiction as an Australian-registered foreign lawyer.
185—Subject-matter of legal profession rules
	(1)	Legal profession rules for Australian legal practitioners, locally registered foreign lawyers or interstate-registered foreign lawyers may make provision about any aspect of legal practice, including standards of conduct expected of practitioners or lawyers to whom the rules apply.
	(2)	The power to make rules is not limited to any matters for which this Act specifically authorises the making of legal profession rules.
186—Public notice of proposed legal profession rules
	(1)	If the Society proposes to make a legal profession rule under this Division, it must ensure that a notice is published on the Society's internet site and in such other publications as the Attorney-General directs—
	(a)	advising where or how a copy of the proposed rule may be accessed, obtained or inspected; and
	(b)	inviting comments and submissions within a specified period of not less than 21 days from the date of first publication of the notice.
	(2)	The Society must ensure that a copy of the proposed rule is given to the Attorney-General before the notice is published.
	(3)	The Society must not make the rule before the end of the period specified in the notice for making comments and submissions and must ensure that any comments and submissions received within that period are considered.
	(4)	However, the Society may make the rule before the end of the period specified in the notice for making comments and submissions if—
	(a)	the Society considers that the urgency of the case warrants immediate action; and
	(b)	the notice indicates that the Society is of that view and intends to act immediately.
	(5)	Subsections (1) to (4) do not apply to a proposed rule that the Attorney-General considers does not warrant publication because of its minor or technical nature.

Division 2—Rules for incorporated legal practices and multi-disciplinary partnerships
187—Rules
	(1)	The Society may make legal profession rules for or with respect to the following matters:
	(a)	the provision of legal services by or in connection with incorporated legal practices or multi-disciplinary partnerships, and in particular the provision of legal services by—
	(i)	officers or employees of incorporated legal practices; or
	(ii)	partners or employees of multi-disciplinary partnerships;
	(b)	the provision of services that are not legal services by or in connection with incorporated legal practices or multi-disciplinary partnerships, but only if the provision of those services by—
	(i)	officers or employees of incorporated legal practices; or
	(ii)	partners or employees of multi-disciplinary partnerships,
may give rise to a conflict of interest relating to the provision of legal services.
	(2)	Without limiting subsection (1), legal profession rules may be made for or with respect to professional obligations relating to legal services provided by or in connection with incorporated legal practices or multi-disciplinary partnerships.
	(3)	However, the legal profession rules cannot—
	(a)	regulate any services that an incorporated legal practice may provide or conduct (other than the provision of legal services or other services that may give rise to a conflict of interest relating to the provision of legal services); or
	(b)	regulate or prohibit the conduct of officers or employees of an incorporated legal practice (other than in connection with the provision of legal services or other services that may give rise to a conflict of interest relating to the provision of legal services); or
	(c)	regulate any services that a multi-disciplinary partnership or partners or employees of a multi-disciplinary partnership may provide or conduct (other than the provision of legal services or other services that may give rise to a conflict of interest relating to the provision of legal services); or
	(d)	regulate or prohibit the conduct of partners or employees of a multi-disciplinary partnership (other than in connection with the provision of legal services or other services that may give rise to a conflict of interest relating to the provision of legal services).
	(4)	The power to make rules is not limited to any matters for which this Act specifically authorises the making of legal profession rules.
188—Rule-making procedures
The regulations may make provision for or with respect to the making of legal profession rules under this Division.

Division 3—General provisions for legal profession rules
189—Binding nature of legal profession rules
	(1)	Legal profession rules are binding on Australian legal practitioners and Australian-registered foreign lawyers to whom they apply.
	(2)	Failure to comply with legal profession rules is capable of constituting unsatisfactory professional conduct or professional misconduct.
190—Legal profession rules inconsistent with Act or regulations
Legal profession rules do not have effect to the extent that they are inconsistent with this Act or the regulations.
191—Availability of rules
The Society must ensure that the legal profession rules are available for public inspection (including on its internet site, if any, or on any other specified internet site), and that amendments are incorporated as soon as possible.

Part 2—Trust money and trust accounts
Division 1—Preliminary
192—Definitions
	(1)	In this Part—
approved ADI means an ADI approved under section 233 by the Society;
controlled money means money received or held by a law practice in respect of which the practice has a written direction to deposit the money in an account (other than a general trust account) over which the practice has or will have exclusive control;
Note—
See section section 207(6), which prevents pooling of controlled money.
controlled money account means an account maintained by a law practice with an ADI for the holding of controlled money received by the practice;
deposit record includes a deposit slip or duplicate deposit slip;
external examination means an external examination under Division 3 Subdivision 2 of a law practice’s trust records;
external examiner means a person holding an appointment as an external examiner under Division 3 Subdivision 2;
general trust account means an account maintained by a law practice with an approved ADI for the holding of trust money received by the practice, other than controlled money or transit money;
investigation means an investigation under Division 3 Subdivision 1 of the affairs of a law practice;
investigator means a person holding an appointment as an investigator under Division 3 Subdivision 1;
permanent form, in relation to a trust record, means printed or, on request, capable of being printed, in English on paper or other material;
power includes authority;
transit money means money received by a law practice subject to instructions to pay or deliver it to a third party, other than an associate of the practice;
trust account means an account maintained by a law practice with an approved ADI to hold trust money;
trust money means money entrusted to a law practice in the course of or in connection with the provision of legal services by the practice, and includes—
	(a)	money received by the practice on account of legal costs in advance of providing the services; and
	(b)	controlled money received by the practice; and
	(c)	transit money received by the practice; and
	(d)	money received by the practice, that is the subject of a power, exercisable by the practice or an associate of the practice, to deal with the money for or on behalf of another person;
trust records includes the following documents:
	(a)	receipts;
	(b)	cheque butts or cheque requisitions;
	(c)	records of authorities to withdraw by electronic funds transfer;
	(d)	deposit records;
	(e)	trust account ADI statements;
	(f)	trust account receipts and payments cash books;
	(g)	trust ledger accounts;
	(h)	records of monthly trial balances;
	(i)	records of monthly reconciliations;
	(j)	trust transfer journals;
	(k)	statements of account as required to be furnished under the regulations;
	(l)	registers required to be kept under the regulations;
	(m)	monthly statements required to be kept under the regulations;
	(n)	files relating to trust transactions or bills of costs or both;
	(o)	written directions, authorities or other documents required to be kept under this Act or the regulations;
	(p)	supporting information required to be kept under the regulations in relation to powers to deal with trust money.
	(2)	A reference in this Part to a law practice’s trust account or trust records includes a reference to an associate’s trust account or trust records.
	(3)	A reference in this Part to a power given to a law practice or an associate of the practice to deal with money for or on behalf of another person is a reference to a power given to the practice or associate that is exercisable by—
	(a)	the practice alone; or
	(b)	an associate of the practice alone (otherwise than in a private and personal capacity); or
	(c)	the practice or an associate of the practice jointly or severally, or jointly and severally, with either or both of the following:
	(i)	1 or more associates of the practice;
	(ii)	the person, or 1 or more nominees of the person, for whom or on whose behalf the money may or is to be dealt with under the power.
193—Money granted or provided under contract to community legal centre
Money granted, or provided under contract, to a community legal centre to enable the centre to deliver legal services to the community or a section of the community is not trust money or controlled money for the purposes of this Act.
194—Money involved in financial services or investments
	(1)	Money that is entrusted to or held by a law practice for or in connection with—
	(a)	a financial service provided by the practice or an associate of the practice in circumstances where the practice or associate is required to hold an Australian financial services licence covering the provision of the service (whether or not such a licence is held at any relevant time); or
	(b)	a financial service provided by the practice or an associate of the practice in circumstances where the practice or associate provides the service as a representative of another person who carries on a financial services business (whether or not the practice or associate is an authorised representative at any relevant time),
is not trust money for the purposes of this Act.
	(2)	Without limiting the operation of subsection (1), money that is entrusted to or held by a law practice for or in connection with—
	(a)	a managed investment scheme; or
	(b)	mortgage financing,
undertaken by the practice is not trust money for the purposes of this Act.
	(3)	Without limiting the operation of subsections (1) and (2), money that is entrusted to or held by a law practice for investment purposes, whether on its own account or as agent, is not trust money for the purposes of this Act, unless—
	(a)	the money was entrusted to or held by the practice—
	(i)	in the ordinary course of legal practice; and
	(ii)	primarily in connection with the provision of legal services to or at the direction of the client; and
	(b)	the investment is or is to be made—
	(i)	in the ordinary course of legal practice; and
	(ii)	for the ancillary purpose of maintaining or enhancing the value of the money pending completion of the matter or further stages of the matter or pending payment or delivery of the money or property to or at the direction of the client.
	(4)	In this section—
Australian financial services, authorised representative, financial service and financial services business have the same meaning as in Chapter 7 of the Corporations Act 2001 of the Commonwealth.
195—Determinations about status of money
	(1)	This section applies to money received by a law practice if the Society considers that there is doubt or a dispute as to whether the money is trust money.
	(2)	The Society may determine that the money is or is not trust money.
	(3)	The Society may revoke or modify a determination under this section.
	(4)	While a determination under this section is in force that money is trust money, the money is taken to be trust money for the purposes of this Act.
	(5)	While a determination under this section is in force that money is not trust money, the money is taken not to be trust money for the purposes of this Act.
	(6)	This section has effect subject to a decision of a court made in relation to the money concerned.
196—Application of Part to law practices and trust money
	(1)	This Part applies to the following law practices in respect of trust money received by them in this jurisdiction:
	(a)	a law practice that has an office in this jurisdiction, whether or not the practice has an office in another jurisdiction;
	(b)	a law practice that does not have an office in any jurisdiction at all.
Note—
It is intended that a law practice that receives trust money in this jurisdiction, that does not have an office in this jurisdiction, but that has an office in another jurisdiction, must deal with the money in accordance with the corresponding law of the other jurisdiction.
	(2)	This Part applies to the following law practices in respect of trust money received by them in another jurisdiction:
	(a)	a law practice that has an office in this jurisdiction and in no other jurisdiction;
	(b)	a law practice that has an office in this jurisdiction and in 1 or more other jurisdictions but not in the jurisdiction in which the trust money was received, unless the money is dealt with in accordance with the corresponding law of another jurisdiction.
	(3)	However, this Part does not apply to—
	(a)	prescribed law practices or classes of law practices; or
	(b)	prescribed law practices, or classes of law practices, in prescribed circumstances; or
	(c)	prescribed kinds of trust money; or
	(d)	prescribed kinds of trust money in prescribed circumstances.
	(4)	A reference in this section to having an office in a jurisdiction is a reference to having, or engaging in legal practice from, an office or business address in the jurisdiction.
Note—
Section 137 applies this Part to Australian-registered foreign lawyers.
197—Protocols for determining where trust money is received
	(1)	The Society may enter into arrangements (referred to in this Part as protocols) with corresponding authorities about any or all of the following:
	(a)	determining the jurisdiction where a law practice receives trust money;
	(b)	sharing information about whether, and (if so) how, trust money is being dealt with under this Act or a corresponding law.
	(2)	For the purposes of this Act, to the extent that the protocols are relevant, the jurisdiction where a law practice receives trust money is to be determined in accordance with the protocols.
	(3)	The Society may enter into arrangements that amend, revoke or replace a protocol.
198—When money is received
	(1)	For the purposes of this Act, a law practice receives money when—
	(a)	the practice obtains possession or control of it directly; or
	(b)	the practice obtains possession or control of it indirectly as a result of its delivery to an associate of the practice; or
	(c)	the practice, or an associate of the practice (otherwise than in a private and personal capacity), is given a power to deal with the money for or on behalf of another person.
	(2)	For the purposes of this Act, a law practice or associate is taken to have received money if the money is available to the practice or associate by means of an instrument or other way of authorising an ADI to credit or debit an amount to an account with the ADI, including, for example, an electronic funds transfer, credit card transaction or telegraphic transfer.
199—Discharge by legal practitioner associate of obligations of law practice
	(1)	The following actions, if taken by a legal practitioner associate of a law practice on behalf of the practice in relation to trust money received by the practice, discharge the corresponding obligations of the practice in relation to the money:
	(a)	the establishment of a trust account;
	(b)	the maintenance of a trust account;
	(c)	the payment of trust money into and out of a trust account and other dealings with trust money;
	(d)	the maintenance of trust records;
	(e)	engaging an external examiner to examine trust records;
	(f)	the payment of an amount into an ADI account as referred to in section 236;
	(g)	the obtaining of a Supreme Court approval in relation to trust money or a trust account;
	(h)	an action of a kind prescribed by the regulations.
	(2)	If the legal practitioner associate maintains a trust account in relation to trust money received by the law practice, the provisions of this Part and the regulations made for the purposes of this Part apply to the associate in the same way as they apply to a law practice.
	(3)	Subsection (1) does not apply to the extent that the associate is prevented by the regulations from taking any action referred to in that subsection.
200—Liability of principals of law practice
	(1)	A provision of this Part or the regulations made for the purposes of this Part expressed as imposing an obligation on a law practice imposes the same obligation on the principals of the law practice jointly and severally, but discharge of the practice’s obligation also discharges the corresponding obligation imposed on the principals.
	(2)	References in this Part and the regulations made for the purposes of this Part to a law practice include references to the principals of the law practice.
201—Former practices, principals and associates
	(1)	This Part applies in relation to former law practices and former principals and associates of law practices in relation to conduct occurring while they were respectively law practices, principals and associates in the same way as it applies to law practices, principals and associates, and so applies with any necessary modifications.
	(2)	For the purposes of this Part, a law practice that is a sole practitioner does not cease to be a law practice solely because of the cancellation or suspension of the practitioner's practising certificate.
202—Barristers not to receive trust money
A barrister is not, in the course of practising as a barrister, to receive trust money.

Division 2—Trust accounts and trust money
203—Maintenance of general trust account
	(1)	A law practice that receives trust money to which this Part applies must maintain a general trust account in this jurisdiction.
Maximum penalty: $50 000.
	(2)	A law practice that is required to maintain a general trust account in this jurisdiction must establish and maintain the account in accordance with the regulations.
Maximum penalty: $50 000.
	(3)	Subsection (1) does not apply to a law practice in respect of any period during which the practice receives or holds only either or both of the following:
	(a)	controlled money;
	(b)	transit money received in a form other than cash.
	(4)	Subject to any requirements of the regulations, a requirement of this section for a law practice to maintain, or establish and maintain, a general trust account in this jurisdiction does not prevent the practice from maintaining, or establishing and maintaining, more than 1 general trust account in this jurisdiction, whether during the same period or during different periods.
	(5)	Without limiting the other provisions of this section, the regulations may provide that a law practice must not close a general trust account except as permitted by the regulations, either generally or in any prescribed circumstances.
204—Certain trust money to be deposited in general trust account
	(1)	Subject to section 211, as soon as practicable after receiving trust money, a law practice must deposit the money in a general trust account of the practice unless—
	(a)	the practice has a written direction by an appropriate person to deal with it otherwise than by depositing it in the account; or
	(b)	the money is controlled money; or
	(c)	the money is transit money; or
	(d)	the money is the subject of a power given to the practice or an associate of the practice to deal with the money for or on behalf of another person.
Maximum penalty: $50 000.
	(2)	Subject to section 211, a law practice that has received money that is the subject of a written direction mentioned in subsection (1)(a) must deal with the money in accordance with the direction—
	(a)	within the period (if any) specified in the direction; or
	(b)	subject to paragraph (a), as soon as practicable after it is received.
Maximum penalty: $50 000.
	(3)	The law practice must keep a written direction mentioned in subsection (1)(a) for the period prescribed by the regulations.
Maximum penalty: $50 000.
	(4)	A person is an appropriate person for the purposes of this section if the person is legally entitled to give the law practice directions in respect of dealings with the trust money.
205—Holding, disbursing and accounting for trust money
	(1)	A law practice must—
	(a)	hold trust money deposited in a general trust account of the practice exclusively for the person on whose behalf it is received; and
	(b)	disburse the trust money only in accordance with a direction given by the person.
Maximum penalty: $50 000.
	(2)	Subsection (1) applies subject to an order of a court of competent jurisdiction or as authorised by law.
	(3)	The law practice must account for the trust money as required by the regulations.
Maximum penalty: $50 000.
206—Manner of withdrawal of trust money from general trust account
	(1)	A law practice must not withdraw trust money from a general trust account otherwise than by cheque or electronic funds transfer.
Maximum penalty: $50 000.
	(2)	Without limiting subsection (1), the following are specifically prohibited:
	(a)	cash withdrawals;
	(b)	ATM withdrawals or transfers;
	(c)	telephone banking withdrawals or transfers.
	(3)	The regulations may make provision for or with respect to withdrawals by cheque or electronic funds transfer.
	(4)	This section has effect despite anything to the contrary in any directions given to the law practice concerned, even if the directions are given by a person who is otherwise legally entitled to give the law practice directions in respect of dealings with the trust money.
207—Controlled money
	(1)	As soon as practicable after receiving controlled money, a law practice must deposit the money in the account specified in the written direction relating to the money.
Maximum penalty: $50 000.
	(2)	The law practice must hold controlled money deposited in a controlled money account in accordance with subsection (1) exclusively for the person on whose behalf it was received.
Maximum penalty: $50 000.
	(3)	The law practice that holds controlled money deposited in a controlled money account in accordance with subsection (1) must not disburse the money except in accordance with—
	(a)	the written direction mentioned in that subsection; or
	(b)	a later written direction given by or on behalf of the person on whose behalf the money was received.
Maximum penalty: $50 000.
	(4)	The law practice must maintain the controlled money account, and account for the controlled money, as required by the regulations.
Maximum penalty: $50 000.
	(5)	The law practice must keep a written direction mentioned in this section for the period prescribed by the regulations.
Maximum penalty: $50 000.
	(6)	The law practice must ensure that the controlled money account is used for the deposit of controlled money received on behalf of the person referred to in subsection (2), and not for the deposit of controlled money received on behalf of any other person, except to the extent that the regulations otherwise permit.
Maximum penalty: $50 000.
	(7)	Subsection (3) applies subject to an order of a court of competent jurisdiction or as authorised by law.
208—Manner of withdrawal of controlled money from controlled money account
	(1)	A law practice must not withdraw controlled money from a controlled money account otherwise than by cheque or electronic funds transfer.
Maximum penalty: $50 000.
	(2)	Without limiting subsection (1), the following are specifically prohibited:
	(a)	cash withdrawals;
	(b)	ATM withdrawals or transfers;
	(c)	telephone banking withdrawals or transfers.
	(3)	The regulations may make provision of or with respect to withdrawals by cheque or electronic funds transfer.
	(4)	This section has effect despite anything to the contrary in any directions given to the law practice concerned, even if the directions are given by a person who is otherwise legally entitled to give the law practice directions in respect of dealings with the controlled money.
209—Transit money
	(1)	Subject to section 211, a law practice that has received transit money must pay or deliver the money as required by the instructions relating to the money—
	(a)	within the period (if any) specified in the instructions; or
	(b)	subject to paragraph (a), as soon as practicable after it is received.
Maximum penalty: $50 000.
	(2)	The law practice must account for the money as required by the regulations.
Maximum penalty: $50 000.
210—Trust money subject to specific powers
	(1)	Subject to section 211, a law practice must ensure that trust money that is the subject of a power given to the practice or an associate of the practice is dealt with by the practice or associate only in accordance with the power relating to the money.
Maximum penalty: $50 000.
	(2)	The law practice must account for the money in the way prescribed by the regulations.
Maximum penalty: $2 500.
211—Trust money received in form of cash
	(1)	General trust money
A law practice must deposit general trust money received in the form of cash in a general trust account of the practice.
Maximum penalty: $50 000.
	(2)	If the law practice has a written direction by an appropriate person to deal with general trust money received in the form of cash otherwise than by first depositing it in a general trust account of the practice— 
	(a)	the money must nevertheless be deposited in the general trust account of the practice in accordance with subsection (1); and
	(b)	the money is thereafter to be dealt with in accordance with any applicable terms of the direction so far as those terms are not inconsistent with paragraph (a).
	(3)	Controlled money
Controlled money received in the form of cash must be deposited in a controlled money account in accordance with section 207.
	(4)	Transit money
A law practice must deposit transit money received in the form of cash in a general trust account of the practice before the money is otherwise dealt with in accordance with the instructions relating to the money.
Maximum penalty: $50 000.
	(5)	Trust money subject of a power
A law practice must deposit trust money that is received in the form of cash and is the subject of a power in a general trust account (or a controlled money account in the case of controlled money) of the practice before the money is otherwise dealt with in accordance with the power.
Maximum penalty: $50 000.
	(6)	Paramount operation of this section
This section has effect despite anything to the contrary in any relevant direction, instruction or power.
	(7)	Definitions
In this section—
appropriate person, in relation to trust money, means a person who is legally entitled to give the law practice concerned directions in respect of dealings with the money;
general trust money means trust money, other than—
	(a)	controlled money; and
	(b)	transit money; and
	(c)	money that is the subject of a power.
212—Protection of trust money
	(1)	Money standing to the credit of a trust account maintained by a law practice is not available for the payment of debts of the practice or any of its associates.
	(2)	Money standing to the credit of a trust account maintained by a law practice is not liable to be attached or taken in execution for satisfying a judgment against the practice or any of its associates.
	(3)	This section does not apply to money to which a law practice or associate is entitled.
213—Intermixing money
	(1)	A law practice must not, otherwise than as permitted by subsection (2), mix trust money with other money.
Maximum penalty: $50 000.
	(2)	A law practice is permitted to mix trust money with other money to the extent only that is authorised by the Society and in accordance with any conditions imposed by the Society in relation to the authorisation.
214—Dealing with trust money—legal costs and unclaimed money
	(1)	A law practice may do any of the following, in relation to trust money held in a general trust account or controlled money account of the practice for a person:
	(a)	exercise a lien, including a general retaining lien, for the amount of legal costs reasonably due and owing by the person to the practice;
	(b)	withdraw money for payment to the practice’s account for legal costs owing to the practice if the relevant procedures or requirements prescribed by this Act and the regulations are complied with;
	(c)	after deducting any legal costs properly owing to the practice, deal with the balance as unclaimed money under the Unclaimed Moneys Act 1891.
	(2)	Subsection (1) applies despite any other provision of this Part but has effect subject to Part 3.
215—Deficiency in trust account
	(1)	An Australian legal practitioner is guilty of an offence if he or she, without reasonable excuse, causes—
	(a)	a deficiency in any trust account or trust ledger account; or
	(b)	a failure to pay or deliver any trust money.
Maximum penalty: $50 000.
	(2)	A reference in subsection (1) to an account includes a reference to an account of the practitioner or of the law practice of which the practitioner is an associate.
	(3)	In this section—
cause includes be responsible for;
deficiency in a trust account or trust ledger includes the non-inclusion or exclusion of the whole or any part of an amount that is required to be included in the account.
216—Reporting certain irregularities and suspected irregularities
	(1)	As soon as practicable after a legal practitioner associate of a law practice becomes aware that there is an irregularity in any of the practice’s trust accounts or trust ledger accounts, the associate must give written notice of the irregularity to—
	(a)	the Society; and
	(b)	if a corresponding authority is responsible for the regulation of the accounts concerned—the corresponding authority.
Maximum penalty: $50 000.
	(2)	If an Australian legal practitioner believes on reasonable grounds that there is an irregularity in connection with the receipt, recording or disbursement of any trust money received by a law practice of which the practitioner is not a legal practitioner associate, the practitioner must, as soon as practicable after forming the belief, give written notice of it to—
	(a)	the Society; and
	(b)	if a corresponding authority is responsible for the regulation of the accounts relating to the trust money concerned—the corresponding authority.
Maximum penalty: $50 000.
	(3)	The validity of a requirement imposed on an Australian legal practitioner under subsection (1) or (2) is not affected, and the practitioner is not excused from complying with subsection (1) or (2), on the ground that giving the notice may tend to incriminate the practitioner.
	(4)	An Australian legal practitioner is not liable for any loss or damage suffered by another person as a result of the practitioner’s compliance with subsection (1) or (2).
217—Keeping trust records
	(1)	A law practice must keep in permanent form trust records in relation to trust money received by the practice.
Maximum penalty: $50 000.
	(2)	The law practice must keep the trust records—
	(a)	in accordance with the regulations; and
	(b)	in a way that at all times discloses the true position in relation to trust money received for or on behalf of any person; and
	(c)	in a way that enables the trust records to be conveniently and properly investigated or externally examined; and
	(d)	for a period determined in accordance with the regulations.
Maximum penalty: $50 000.
218—False names
	(1)	A law practice must not knowingly receive money or record receipt of money in the practice’s trust records under a false name.
Maximum penalty: $50 000.
	(2)	If a person on whose behalf trust money is received by a law practice is commonly known by more than 1 name, the practice must ensure that the practice’s trust records record all names by which the person is known.
Maximum penalty: $50 000.
219—Interest payable if law practice fails to deposit trust money
	(1)	A law practice that fails to deposit trust money in a trust account as required by this Division is liable to pay the Society interest on the amount of the trust money at the prescribed rate for the period of the default.
	(2)	The Society may, for proper reasons, remit interest payable under subsection (1) wholly or in part.
	(3)	Any interest received or recovered by the Society under subsection (1) must be paid into the statutory interest account.

Division 3—Investigations and external examinations
Subdivision 1—Investigations
220—Appointment of investigators
	(1)	The Society may, in writing, appoint a suitably qualified person to investigate the affairs or specified affairs of a law practice.
	(2)	The appointment may be made generally or for the law practice specified in the instrument of appointment.
221—Investigations
	(1)	The instrument of appointment may authorise the investigator to conduct either or both of the following:
	(a)	routine investigations on a regular or other basis;
	(b)	investigations in relation to particular allegations or suspicions regarding trust money, trust property, trust accounts or any other aspect of the affairs of the law practice.
	(2)	The principal purposes of an investigation are to ascertain whether the law practice has complied with or is complying with the requirements of this Part and to detect and prevent fraud or defalcation, but this subsection does not limit the scope of the investigation or the powers of the investigator.
222—Application of Chapter 6
Chapter 6 applies to an investigation under this Subdivision.
223—Investigator's report
	(1)	As soon as practicable after completing the investigation, the investigator must give a written report of the investigation to the Society.
	(2)	The investigator must not disclose information in the report or acquired in carrying out the investigation except—
	(a)	to the practice that or person who is a subject of the investigation or report; or
	(b)	as is necessary for properly conducting the investigation and making the report of the investigation; or
	(c)	as provided in section 466.
Maximum penalty: $50 000.
224—When costs of investigation are debt
	(1)	If—
	(a)	an investigator states in his or her report of an investigation that there is evidence that a breach of this Act or the regulations has been committed or evidence that a default (within the meaning of Chapter 3 Part 5) has occurred in relation to the law practice whose affairs are under investigation; and
	(b)	the Society is satisfied that the breach or default is wilful or of a substantial nature,
the Society may decide that the whole or part of the costs of carrying out the investigation is payable to the Society and may specify the amount payable.
	(2)	The amount specified by the Society is a debt payable to the Society by the law practice whose affairs are under investigation.
	(3)	The Society must, before seeking to recover the amount payable, give the law practice an information notice about the Society’s decision and the amount specified as being payable.
Subdivision 2—External examinations
225—Designation of external examiners
	(1)	The Society may, in writing, designate persons (referred to in this Subdivision as designated persons) as being eligible to be appointed as external examiners.
	(2)	Only designated persons may be appointed as external examiners.
	(3)	An employee or agent of the Society may be a designated person.
	(4)	The Society may revoke a person’s designation under this section.
226—Trust records to be externally examined
	(1)	A law practice must at least once in each financial year have its trust records externally examined by an external examiner appointed in accordance with the regulations.
Maximum penalty: $50 000.
	(2)	The Society may appoint an external examiner to examine a law practice's trust records if the Society is not satisfied—
	(a)	that the practice has had its trust records externally examined as required by this section; or
	(b)	that an external examination of the practice's trust records has been carried out in accordance with the regulations.
	(3)	Without affecting the generality of section 246, this section has effect subject to any exemptions provided by or given under the regulations from the requirement to have trust records examined as otherwise required by this section.
227—Examination of affairs in connection with examination of trust records
	(1)	An external examiner appointed to examine a law practice’s trust records may examine the affairs of the practice for the purposes of and in connection with an examination of the trust records.
	(2)	If the law practice is an incorporated legal practice or a multi-disciplinary partnership, the reference in subsection (1) to the affairs of the law practice extends to the affairs of the incorporated legal practice or multi-disciplinary partnership or of an associate, so far as they are relevant to trust money, trust records and associated matters.
	(3)	A reference in this Subdivision and Chapter 6 to trust records includes a reference to the affairs of a law practice that may be examined under this section for the purposes of and in connection with an examination of the practice’s trust records.
228—Designation and appointment of associates as external examiners
	(1)	The Society may designate an associate of a law practice under this Subdivision only if the Society is satisfied that it is appropriate to do so.
	(2)	However, an associate of a law practice cannot be appointed as an external examiner under this Subdivision to examine the practice’s trust records.
229—Final examination of trust records
	(1)	This section applies if a law practice—
	(a)	ceases to be authorised to receive trust money; or
	(b)	ceases to engage in legal practice in this jurisdiction.
	(2)	The law practice must appoint an external examiner to examine the practice’s trust records—
	(a)	in respect of the period since an external examination was last conducted; and
	(b)	in respect of each period thereafter, comprising a completed period of 12 months or any remaining partly completed period, during which the practice continued to hold trust money.
Maximum penalty: $50 000.
	(3)	The law practice must lodge with the Society—
	(a)	a report of each examination under subsection (2) within 60 days after the end of the period to which the examination relates; and
	(b)	a statutory declaration in a form approved by the Attorney-General or the Society within 60 days of ceasing to hold trust money.
Maximum penalty: $50 000.
	(4)	If an Australian legal practitioner who is a principal or an associate of a law practice dies, the practitioner’s legal personal representative must assist the law practice to comply with this section as if the representative were the practitioner.
	(5)	Nothing in this section affects any other requirements under this Part.
230—Carrying out examination
	(1)	Chapter 6 applies to an external examination under this Subdivision.
	(2)	Subject to Chapter 6, an external examination of trust records is to be carried out in accordance with the regulations.
	(3)	Without limiting subsection (2), the regulations may provide for the following:
	(a)	the standards to be adopted and the procedures to be followed by external examiners;
	(b)	the form and content of an external examiner's report on an examination.
231—External examiner's report
	(1)	As soon as practicable after completing an external examination, an external examiner must give a written report of the examination to the Society.
	(2)	The examiner must not disclose information in the report or acquired in carrying out the examination, unless permitted to do so under subsection (3) or under section 466.
Maximum penalty: $50 000.
	(3)	The examiner may disclose information in the report or acquired in carrying out the examination—
	(a)	as is necessary for properly conducting the examination and making the report of the examination; or
	(b)	to an investigator or a supervisor, manager or receiver appointed under this Act; or
	(c)	to the law practice concerned or an associate of the law practice.
232—Law practice liable for costs of examination
	(1)	A law practice whose trust accounts have been externally examined must pay the costs of the examination.
	(2)	If the Society appointed the external examiner to carry out the examination, the Society may specify the amount payable as the costs of the examination, and the specified amount is a debt payable to it by the law practice.
	(3)	The Society must, before seeking to recover the amount payable, give the law practice an information notice about the Society’s decision and the amount specified as being payable.

Division 4—Provisions relating to ADIs and statutory deposits
Subdivision 1—ADIs
233—Approval of ADIs
	(1)	Subject to subsection (2), the Society may approve ADIs at which trust accounts to hold trust money may be maintained.
	(2)	The Society may not approve an ADI unless the ADI is prepared to pay interest on trust accounts at a rate equal to or above the rate determined by the Society.
	(3)	The Society may approve an ADI for the purposes of maintaining the combined trust account under section 236 if satisfied that the ADI is prepared to pay a reasonable rate of interest on money deposited in the combined trust account.
	(4)	The Society may impose conditions, of the kinds prescribed by the regulations, on and under this section, when the approval is given or during the currency of the approval, and may amend or revoke any conditions imposed.
	(5)	The Society may revoke an approval given under this section.
	(6)	If the Society revokes the approval of an ADI under subsection (5), the combined trust account, so far as it was kept at that ADI, must be transferred to an ADI that continues as an approved ADI.
234—ADI not subject to certain obligations and liabilities
	(1)	An ADI at which a trust account is maintained by a law practice—
	(a)	is not under any obligation to control or supervise transactions in relation to the account or to see to the application of money disbursed from the account; and
	(b)	does not have, in relation to any liability of the law practice to the ADI, any recourse or right (whether by way of set-off counterclaim, charge or otherwise) against money in the account.
	(2)	Subsection (1) does not relieve an ADI from any liability to which it is subject apart from this Act.
235—Reports, records and information
	(1)	An ADI at which a trust account is maintained must report any deficiency in the account to the Society as soon as practicable after becoming aware of the deficiency.
Maximum penalty: $50 000.
	(2)	An ADI at which a trust account is maintained must report a suspected offence in relation to the trust account to the Society as soon as practicable after forming the suspicion.
Maximum penalty: $50 000.
	(3)	An ADI must furnish to the Society reports about trust accounts in accordance with the regulations.
Maximum penalty: $50 000.
	(4)	An ADI at which a trust account is maintained must without charge—
	(a)	produce for inspection or copying by an investigator or external examiner any records relating to the trust account or trust money deposited in the trust account; and
	(b)	provide the investigator or external examiner with full details of any transactions relating to the trust account or trust money,
on demand by the investigator or the external examiner and on production to the ADI of evidence of the appointment of the investigator or the external examiner in relation to the law practice concerned.
Maximum penalty: $50 000.
	(5)	Subsections (1) to (4) apply despite any rule of legislation or duty of confidence to the contrary.
	(6)	An ADI or an officer or employee of an ADI is not liable to any action for any loss or damage suffered by another person as a result of—
	(a)	reporting a deficiency in accordance with subsection (1); or
	(b)	making or furnishing a report in accordance with subsection (2) or (3); or
	(c)	producing records or providing details in accordance with subsection (4).
Subdivision 2—The combined trust account
236—Duty to deposit trust money in combined trust account
	(1)	A law practice must, within 14 days after 31 May, and within 14 days after 30 November, in each year, out of trust money held in the practice's general trust account, deposit the appropriate amount in the combined trust account.
	(2)	The appropriate amount is the amount (if any) necessary to ensure that the following formula is satisfied:

Where—
A1 is the amount held on the practice's behalf in the combined trust account
A2 is the lowest aggregate (determined by reference to the relevant ADI statements) of the amount held in the practice's general trust account and the amount (if any) simultaneously held in the combined trust account on the practice's behalf during the period of 6 months ending on 31 May or 30 November (as the case requires).
	(3)	The combined trust account is a composite account consisting of separate accounts established by the Society at each approved ADI.
	(4)	If a law practice maintains 2 or more general trust accounts, those accounts will, for the purposes of this section, be taken to be a single trust account the balance of which is the aggregate of the respective balances of each of those trust accounts.
	(5)	A law practice—
	(a)	may withhold money from deposit under subsection (1) if—
	(i)	the money is necessary to meet an immediate claim on the practice's general trust account or to establish or maintain a reasonable balance in the general trust account sufficient to meet claims reasonably expected in the ordinary course of legal practice in the near future; and
	(ii)	the practice has, on or before the day on which a deposit under subsection (1) is required to be made, given written notice to the Society accordingly; and
	(b)	is not obliged to deposit money under subsection (1) in relation to a particular period of 6 months if the lowest aggregate referred to in subsection (2) was, during that period, less than $1 000 (or some other sum fixed by regulation for the purposes of this subsection).
	(6)	If the Council has reasonable cause to suspect that a law practice has not complied with the obligations of this section, it may, by notice in writing served on the practice, require the practice to attend before it and to produce evidence of the trust money received by the practice, the amount from time to time standing to the credit of the general trust account, and such other relevant matters as may be specified in the notice.
	(7)	If a law practice establishes a general trust account and has, at the time of establishing the account, no other trust account, the balance of the general trust account during the first month after its establishment is, for the purposes of this section, to be ignored.
	(8)	A law practice that fails to make the appropriate deposit by the last date for payment is liable to pay the Society, for the credit of the statutory interest account, interest on the outstanding amount at the prescribed rate for the period of the default but, if the appropriate deposit is made within 7 days after that date, no liability for interest arises under this subsection.
	(9)	A law practice may withdraw money held on the practice's account in the combined trust account if, and only if, the withdrawal is necessary to meet an immediate claim on the practice's general trust account or to establish a reasonable balance in the general trust account sufficient to meet claims reasonably expected in the ordinary course of legal practice in the near future.
	(10)	If a law practice withholds money from deposit under subsection (5)(a) or withdraws money under subsection (9), the external examiner for the law practice must, in the external examiner's report for the relevant year, express an opinion on whether the withholding or withdrawal was justified, and if the amount exceeds the amount that could, in the external examiner's opinion, be reasonably justified, on the amount of the excess (but before the external examiner includes a statement expressing such an opinion in the report, the external examiner must allow the practice a reasonable opportunity to comment on the proposed statement and may make any modification to the proposed statement that the external examiner considers justified in the light of the practice's comments).
	(11)	If the withholding or withdrawal of money is not justified, or exceeds an amount that could be reasonably justified, the law practice is liable to pay to the Society, for the credit of the statutory interest account, interest on the amount withheld or withdrawn, or the amount of the excess, (as the case requires), from the date of the withholding or withdrawal until the amount on deposit in the combined trust account is restored to the level required by this section.
	(12)	The Society may, for any proper reason, remit interest payable under subsection (8) or (11) wholly or in part.
237—Immunity from liability
	(1)	No action at law or in equity lies against the Society or a law practice for any action done in compliance with this Subdivision.
	(2)	This Subdivision does not affect the interest or claim of a person beneficially entitled to trust money and any such interest or claim may be asserted and enforced as effectually as if this Subdivision had not been enacted.
Subdivision 3—The statutory interest account
238—Statutory interest account
	(1)	The Society must continue to maintain the statutory interest account.
	(2)	The Society must pay into the statutory interest account all interest earned from deposits in the combined trust account.
	(3)	The Society may invest any money contained in the statutory interest account in any manner in which trustees are authorised by statute to invest trust funds and must pay the income derived from any such investment into the statutory interest account.
	(4)	The amount held in the statutory interest account may be applied to defraying any management fee or other expenditure relating to the management or administration of the combined trust account and the statutory interest account.
	(5)	After making such provision for defraying expenditure under subsection (4) as the Society thinks fit, the Society must pay the balance of the money comprised in the statutory interest account (excepting money advanced to the statutory interest account for the purpose of investment), as to five-eighths to the Legal Services Commission, and, subject to subsection (6), as to three-eighths, to the guarantee fund.
	(6)	If on 30 June in any year the amount of the guarantee fund (being the audited net assets, including investments, of the fund) exceeds an amount calculated by multiplying $7 500 by the number of local legal practitioners on that date, the Society must hold the excess in the statutory interest account, to be paid or applied by the Society to the Legal Services Commission, or for any purpose approved by the Attorney-General and the Society.
Subdivision 4—Miscellaneous
239—Payment of interest accruing on trust accounts
	(1)	Interest accruing on a trust account (other than a separate trust account maintained by a local legal practitioner for the exclusive benefit of a particular client) must be paid by the ADI concerned to the Society.
	(2)	Subject to subsection (3), the Society must deal with money received by it pursuant to subsection (1) as follows:
	(a)	50 per cent of the money must be paid to 1 or more of the Legal Services Commission or 1 or more community legal centres in such shares and subject to such conditions as the Attorney-General directs; and
	(b)	40 per cent of the money must be paid to the guarantee fund; and
	(c)	10 per cent of the money must be paid to a person nominated by the Attorney-General subject to such conditions as the Attorney-General directs.
	(3)	The Attorney-General may, from time to time, vary or revoke the conditions subject to which money is paid under subsection (2) and may, from time to time, with the approval of the Society, vary the portion of the money allocated for payment pursuant to each paragraph of that subsection.
	(4)	The Attorney-General may, from time to time, without the approval of the Society, vary the shares in which money allocated for payment pursuant to subsection (2)(a) is distributed under that paragraph.
	(5)	Money paid to a person pursuant to subsection (2)(c) must be applied in, or in relation to, the provision of legal services to the community, or to a section of the community, or must be applied for the purposes of legal research and education.
240—Accounts and audit
	(1)	The Society must keep proper accounts of all money received, disbursed, invested and otherwise dealt with under Subdivision 2 and Subdivision 3 and Part 5.
	(2)	The Society must cause the combined trust account, the statutory interest account, and the guarantee fund to be audited at least once in every calendar year by an accountant approved by the Attorney-General and must send copies of the duly audited accounts to the Attorney-General.

Division 5—Miscellaneous
241—Restrictions on receipt of trust money
	(1)	A law practice (other than an incorporated legal practice or a community legal centre) must not receive trust money unless a principal holds an Australian practising certificate authorising the receipt of trust money.
Maximum penalty: $50 000.
	(2)	An incorporated legal practice must not receive trust money unless—
	(a)	at least 1 legal practitioner director of the practice holds an Australian practising certificate authorising the receipt of trust money; or
	(b)	a person is holding an appointment under section 83 in relation to the practice and the person holds an Australian practising certificate authorising the receipt of trust money; or
	(c)	the money is received during any period during which the practice—
	(i)	does not have any legal practitioner directors; and
	(ii)	is not in default of director requirements under section 83,
so long as there was, immediately before the start of that period, at least 1 legal practitioner director of the practice who held an Australian practising certificate authorising the receipt of trust money.
Maximum penalty: $50 000.
242—Protection from liability
	(1)	A matter or thing done or omitted to be done by a protected person does not, if the matter or thing was done or omitted to be done in good faith for the purpose of the administration of this Part, subject the person to any action, liability, claim or demand.
	(2)	In this section—
protected person means—
	(a)	the Society; or
	(b)	the Council; or
	(c)	an officer, employee or agent of the Society; or
	(d)	an investigator; or
	(e)	an external examiner.
243—Application of Part to incorporated legal practices and multi-disciplinary partnerships
	(1)	The obligations imposed on law practices by this Part, and any other provisions of this Act, the regulations or any legal profession rule relating to trust money and trust accounts, apply to an incorporated legal practice or multi-disciplinary partnership only in connection with legal services provided by the practice or partnership.
	(2)	The regulations may provide that specified provisions of this Part, and any other provisions of this Act, the regulations or the legal profession rules relating to trust money and trust accounts, do not apply to incorporated legal practices or multi-disciplinary partnerships or both or apply to them with specified modifications.
244—Disclosure to clients—money not received as trust money
	(1)	In this section—
non-trust money means money that is not trust money for the purposes of this Act because of section 194 or because of a determination under section 195.
	(2)	When money entrusted to a law practice is or becomes non-trust money, the practice must, in accordance with this section and the regulations, notify the person who entrusted the money to the practice that—
	(a)	the money is not treated as trust money for the purposes of this Act and is not subject to any supervision, investigation or external examination requirements of this Act; and
	(b)	a claim against the guarantee fund under this Act cannot be made in respect of the money.
Maximum penalty: $50 000.
	(3)	The notification must be given, in writing, to the person at the time—
	(a)	the money is entrusted to the law practice, if the money is non-trust money when it is entrusted to the practice; or
	(b)	the money becomes non-trust money, if the money was trust money when it was entrusted to the practice.
	(4)	The regulations may make provision for or with respect to the form and manner in which notification required by this section is to be given and the contents of the notification.
245—Disclosure of accounts used to hold money entrusted to law practice or legal practitioner associate
	(1)	A law practice must in accordance with the regulations notify the Society of the details required by the regulations of each account maintained at an ADI in which the law practice or any legal practitioner associate of the law practice holds money entrusted to the practice or legal practitioner associate.
Maximum penalty: $50 000.
	(2)	Subsection (1) applies whether or not the money is trust money and whether or not section 194 or 195 applies to the money.
246—Regulations
The regulations may make provision for or with respect to any matter to which this Part relates, including for or with respect to—
	(a)	the establishment, maintenance and closure of general trust accounts and controlled money accounts; and
	(b)	the manner of receiving, depositing, withdrawing, making records about and otherwise dealing with and accounting for trust money; and
	(c)	without limiting paragraph (a) or (b)—
	(i)	the keeping and reconciliation of trust records; and
	(ii)	the establishment and keeping of trust ledger accounts; and
	(iii)	the establishment and keeping of records about controlled money and transit money; and
	(iv)	the establishment and keeping of registers of powers and estates where trust money is involved; and
	(v)	the recording of information about the investment of trust money; and
	(vi)	the furnishing of statements regarding trust money; and
	(d)	the notification to the Society of information relating directly or indirectly to matters to which this Part relates, including information about—
	(i)	trust accounts, trust money and trust records; and
	(ii)	the proposed or actual termination of a law practice that holds trust money; and
	(iii)	the proposed or actual termination of engaging in legal practice in this jurisdiction by a law practice that holds trust money; and
	(iv)	the proposed or actual restructuring of the business of a law practice so that it no longer holds or no longer will hold trust money; and
	(e)	the creation and exercise of liens over trust money; and
	(f)	providing exemptions, or providing for the giving of exemptions, from all or any specified requirements of this Part.

Part 3—Costs disclosure and adjudication
Division 1—Preliminary
247—Definitions
In this Part—
adjudication means an adjudication of legal costs under Division 7;
business day means a day other than a Saturday, a Sunday or a public holiday;
conditional costs agreement means a costs agreement that provides that the payment of some or all of the legal costs is conditional on the successful outcome of the matter to which those costs relate, as referred to in section 270, but does not include a costs agreement to the extent to which section 272(1) applies;
costs agreement means an agreement about the payment of legal costs;
itemised bill means a bill that specifies in detail how the legal costs are made up;
litigious matter means a matter that involves, or is likely to involve, the issue or defence of proceedings in a court or tribunal;
Note—
A matter is a litigious matter when proceedings are initiated or at any stage when proceedings are likely.
lump sum bill means a bill that describes the legal services to which it relates and specifies the total amount of the legal costs;
public authority means an authority or body (whether a body corporate or not) established or incorporated for a public purpose by a law of a jurisdiction or of the Commonwealth, and includes a body corporate incorporated under a law of a jurisdiction or of the Commonwealth in which a jurisdiction or the Commonwealth has a controlling interest;
scale of costs means a scale of costs of a court or tribunal of this jurisdiction;
sophisticated client means a client to whom, because of section 258(1)(c) or (d), disclosure under section 255 or section 256(1) is or was not required;
third party payer—see section 248;
uplift fee means additional legal costs (excluding disbursements) payable under a costs agreement on the successful outcome of the matter to which the agreement relates.
248—Terms relating to third party payers
	(1)	For the purposes of this Part—
	(a)	a person is a third party payer, in relation to a client of a law practice, if the person is not the client and—
	(i)	is under a legal obligation to pay all or any part of the legal costs for legal services provided to the client; or
	(ii)	being under that obligation, has already paid all or a part of those legal costs; and
	(b)	a third party payer is an associated third party payer if the legal obligation referred to in paragraph (a) is owed to the law practice, whether or not it is also owed to the client or another person; and
	(c)	a third party payer is a non-associated third party payer if the legal obligation referred to in paragraph (a) is owed to the client or another person but not the law practice.
	(2)	The legal obligation referred to in subsection (1) can arise by or under contract or legislation or otherwise.
	(3)	A law practice that retains another law practice on behalf of a client is not on that account a third party payer in relation to that client.

Division 2—Application of Part
249—Application of Part—first instructions rule
This Part applies to a matter if the client first instructs the law practice in relation to the matter in this jurisdiction.
250—Part also applies by agreement or at client's election
	(1)	This Part applies to a matter if—
	(a)	either—
	(i)	this Part does not currently apply to the matter; or
	(ii)	it is not possible to determine the jurisdiction in which the client first instructs the law practice in relation to the matter; and
	(b)	either—
	(i)	the legal services are or will be provided wholly or primarily in this jurisdiction; or
	(ii)	the matter has a substantial connection with this jurisdiction,
or both; and
	(c)	either—
	(i)	the client accepts, in writing or by other conduct, a written offer to enter into an agreement under subsection (2)(a) in respect of the matter; or
	(ii)	the client gives a notification under subsection (2)(b) in respect of the matter.
	(2)	For the purposes of subsection (1)(c), the client may—
	(a)	accept, in writing or by other conduct, a written offer that complies with subsection (3) to enter into an agreement with the law practice that this Part is to apply to the matter; or
	(b)	notify the law practice in writing that the client requires this Part to apply to the matter.
	(3)	An offer referred to in subsection (2)(a) must clearly state—
	(a)	that it is an offer to enter into an agreement that this Part is to apply to the matter; and
	(b)	that the client may accept it in writing or by other conduct; and
	(c)	the type of conduct that will constitute acceptance.
	(4)	A notification has no effect for the purposes of subsection (2)(b) if it is given after the period of 28 days after the law practice discloses to the client (under a corresponding law) information about the client’s right to make a notification of that kind, but nothing in this subsection prevents an agreement referred to in subsection (2)(a) from coming into effect at any time.
251—Displacement of Part
	(1)	This section applies if this Part applies to a matter by the operation of section 249 or 250.
	(2)	This Part ceases to apply to the matter if—
	(a)	either—
	(i)	the legal services are or will be provided wholly or primarily in another jurisdiction; or
	(ii)	the matter has a substantial connection with another jurisdiction,
or both; and
	(b)	either—
	(i)	the client enters, under the corresponding law of the other jurisdiction, into an agreement with the law practice that the corresponding provisions of the corresponding law apply to the matter; or
	(ii)	the client notifies, under the corresponding law of the other jurisdiction (and within the time allowed by the corresponding law), the law practice in writing that the client requires the corresponding provisions of the corresponding law to apply to the matter.
	(3)	Nothing in this section prevents the application of this Part to the matter by means of a later agreement or notification under section 250.
252—How and when does a client first instruct a law practice?
A client first instructs a law practice in relation to a matter in a particular jurisdiction if the law practice first receives instructions from or on behalf of the client in relation to the matter in that jurisdiction, whether in person or by post, telephone, fax, email or other form of communication.
253—When does a matter have a substantial connection with this jurisdiction?
The regulations may prescribe the circumstances in which, or the rules to be used to determine whether, a matter has or does not have a substantial connection with this jurisdiction for the purposes of this Part.
254—What happens when different laws apply to a matter?
	(1)	This section applies if this Part applies to a matter for a period and a corresponding law applies for another period.
	(2)	If this Part applied to a matter for a period and a corresponding law applies to the matter afterwards, this Part continues to apply in respect of legal costs (if any) incurred while this Part applied to the matter.
	(3)	If a corresponding law applied to a matter for a period and this Part applies to the matter afterwards, this Part does not apply in respect of legal costs (if any) incurred while the corresponding law applied to the matter, so long as the corresponding law continues to apply in respect of those costs.
	(4)	However—
	(a)	the client may enter into a written agreement with the law practice that the adjudication of costs provisions of this Part are to apply in respect of all legal costs incurred in relation to the matter, and Division 7 accordingly applies in respect of those legal costs; or
	(b)	if the client enters into a written agreement with the law practice that the adjudication of costs provisions of a corresponding law are to apply in respect of all legal costs incurred in relation to the matter, Division 7 accordingly does not apply in respect of those legal costs.
	(5)	A written agreement referred to in subsection (4) need not be signed by the client but in that case the client's acceptance must be communicated to the law practice by facsimile transmission, email or some other written form.
	(6)	If a corresponding law applied to a matter for a period and this Part applies to the matter afterwards, this Part does not require disclosure of any matters to the extent that they have already been disclosed under a corresponding law.
	(7)	This section has effect despite any other provisions of this Part.

Division 3—Costs disclosure
255—Disclosure of costs to clients
	(1)	A law practice must disclose to a client in accordance with this Division—
	(a)	the basis on which legal costs will be calculated, including whether a scale of costs applies to any of the legal costs; and
	(b)	the client's right to—
	(i)	negotiate a costs agreement with the law practice; and
	(ii)	receive a bill from the law practice; and
	(iii)	request an itemised bill after receipt of a lump sum bill; and
	(iv)	be notified under section 262 of any substantial change to the matters disclosed under this section; and
	(c)	an estimate of the total legal costs, if reasonably practicable or, if that is not reasonably practicable, a range of estimates of the total legal costs and an explanation of the major variables that will affect the calculation of those costs; and
	(d)	details of the intervals (if any) at which the client will be billed; and
	(e)	the rate of interest (if any) that the law practice charges on overdue legal costs, whether that rate is a specific rate of interest or is a benchmark rate of interest (as referred to in subsection (2)); and
	(f)	if the matter is a litigious matter, an estimate of—
	(i)	the range of costs that may be recovered if the client is successful in the litigation; and
	(ii)	the range of costs the client may be ordered to pay if the client is unsuccessful; and
	(g)	the client's right to progress reports in accordance with section 264; and
	(h)	details of the person whom the client may contact to discuss the legal costs; and
	(i)	the following avenues that are open to the client in the event of a dispute in relation to legal costs:
	(i)	raising the matter with the practice;
	(ii)	adjudication of costs under Division 7;
	(iii)	the setting aside of a costs agreement under section 275;
	(iv)	if the client believes there has been overcharging—making a complaint to the Board; and
	(j)	any time limits that apply to the taking of any action referred to in paragraph (i); and
	(k)	that the law of this jurisdiction applies to legal costs in relation to the matter; and
	(l)	information about the client’s right—
	(i)	to accept under a corresponding law a written offer to enter into an agreement with the law practice that the corresponding provisions of the corresponding law apply to the matter; or
	(ii)	to notify under a corresponding law (and within the time allowed by the corresponding law) the law practice in writing that the client requires the corresponding provisions of the corresponding law to apply to the matter.
Note—
The client’s right to enter into an agreement or give a notification as mentioned in paragraph (l) will be under provisions of the law of the other jurisdiction that correspond to section 250.
	(2)	For the purposes of subsection (1)(e), a benchmark rate of interest is a rate of interest for the time being equal to or calculated by reference to a rate of interest that is specified or determined from time to time by an ADI or another body or organisation, or by or under other legislation, and that is publicly available.
	(3)	The regulations may make provision for or with respect to the use of benchmark rates of interest, and in particular for or with respect to permitting, regulating or preventing the use of particular benchmark rates or particular kinds of benchmark rates.
	(4)	For the purposes of subsection (1)(f), the disclosure must include—
	(a)	a statement that an order by a court for the payment of costs in favour of the client will not necessarily cover the whole of the client's legal costs; and
	(b)	if applicable, a statement that disbursements may be payable by the client even if the client enters a conditional costs agreement.
	(5)	A law practice is taken to have complied with the requirement to disclose the details referred to in subsection (1)(b)(i) to (iii), (g), (i), (j) and (l) if it provides a written statement in or to the effect of a form prescribed by the regulations for the purposes of this subsection at the same time as the other details are disclosed as required by this section.
	(6)	A form prescribed for the purposes of subsection (5) may, instead of itself containing details of the kind referred to in that subsection, refer to publicly accessible sources of information (such as an internet website) from which those details can be obtained.
	(7)	The regulations may—
	(a)	require the Society to develop a statement of the relevant details and to revise it as necessary to keep it up to date; and
	(b)	require the Society to make the statement publicly available in the prescribed manner.
256—Disclosure if another law practice is to be retained
	(1)	If a law practice intends to retain another law practice on behalf of the client, the first law practice must disclose to the client the details specified in section 255(1)(a), (c) and (d) in relation to the other law practice, in addition to any information required to be disclosed to the client under section 255.
	(2)	A law practice retained or to be retained on behalf of a client by another law practice is not required to make disclosure to the client under section 255, but must disclose to the other law practice the information necessary for the other law practice to comply with subsection (1).
	(3)	This section does not apply if the first law practice ceases to act for the client in the matter when the other law practice is retained.
257—How and when must disclosure be made to a client?
	(1)	Disclosure under section 255 must be made in writing before, or as soon as practicable after, the law practice is retained in the matter.
	(2)	Disclosure under section 256(1) must be made in writing before, or as soon as practicable after, the other law practice is retained.
	(3)	Disclosure made to a person before the law practice is retained in a matter is taken to be disclosure to the person as a client for the purposes of sections 255 and 256.
258—Exceptions to requirement for disclosure
	(1)	Disclosure under section 255 or 256(1) is not required to be made in any of the following circumstances:
	(a)	if the total legal costs in the matter, excluding disbursements, are not likely to exceed $1 500 (exclusive of GST) or the prescribed amount (whichever is higher);
	(b)	if—
	(i)	the client has received 1 or more disclosures under section 255 or 256(1) from the law practice in the previous 12 months; and
	(ii)	the client has agreed in writing to waive the right to disclosure; and
	(iii)	a principal of the law practice decides on reasonable grounds that, having regard to the nature of the previous disclosures and the relevant circumstances, the further disclosure is not warranted;
	(c)	if the client is—
	(i)	a law practice or an Australian legal practitioner; or
	(ii)	a public company, a subsidiary of a public company, a large proprietary company, a foreign company, a subsidiary of a foreign company or a registered Australian body (each within the meaning of the Corporations Act 2001 of the Commonwealth); or
	(iii)	a financial services licensee (within the meaning of that Act); or
	(iv)	a liquidator, administrator or receiver (as respectively referred to in that Act); or
	(v)	a partnership that carries on the business of providing professional services if the partnership consists of more than 20 members or if the partnership would be a large proprietary company (within the meaning of that Act) if it were a company; or
	(vi)	a proprietary company (within the meaning of that Act) formed for the purpose of carrying out a joint venture, if any shareholder of the company is a person to whom disclosure of costs is not required; or
	(vii)	an unincorporated group of participants in a joint venture, if any member of the group is a person to whom disclosure of costs is not required and if any other members of the group who are not such persons have indicated that they waive their right to disclosure; or
	(viii)	a Minister of the Crown in right of a jurisdiction or the Commonwealth acting in his or her capacity as such, or a government department or public authority of a jurisdiction or the Commonwealth;
	(d)	if the legal costs or the basis on which they will be calculated have or has been agreed as a result of a tender process;
	(e)	if the client will not be required to pay the legal costs or they will not otherwise be recovered by the law practice;
Note—
For instance, disclosure would not be required where the law practice acts in the matter on a pro bono basis.
	(f)	in any circumstances prescribed by the regulations.
	(2)	Despite subsection (1)(a), if a law practice becomes aware that the total legal costs are likely to exceed $1 500 (exclusive of GST) or the prescribed amount (whichever is higher), the law practice must disclose the matters in section 255 or 256 (as the case requires) to the client as soon as practicable.
	(3)	A law practice must ensure that a written record of a principal’s decision that further disclosure is not warranted as mentioned in subsection (1)(b) is made and kept with the files relating to the matter concerned.
	(4)	The reaching of a decision referred to in subsection (3) otherwise than on reasonable grounds is capable of constituting unsatisfactory professional conduct or professional misconduct on the part of the principal.
	(5)	Nothing in this section affects or takes away from any client's right—
	(a)	to progress reports in accordance with section 264; or
	(b)	to obtain reasonable information from the law practice in relation to any of the matters specified in section 255; or
	(c)	to negotiate a costs agreement with a law practice and to obtain a bill from the law practice.
259—Additional disclosure—settlement of litigious matters
	(1)	If a law practice negotiates the settlement of a litigious matter on behalf of a client, the law practice must disclose to the client, before the settlement is executed—
	(a)	a reasonable estimate of the amount of legal costs payable by the client if the matter is settled (including any legal costs of another party that the client is to pay); and
	(b)	a reasonable estimate of any contributions towards those costs likely to be received from another party.
	(2)	A law practice retained on behalf of a client by another law practice is not required to make a disclosure to the client under subsection (1), if the other law practice makes the disclosure to the client before the settlement is executed.
260—Additional disclosure—uplift fees
	(1)	A law practice must, before entering into a costs agreement that involves an uplift fee—
	(a)	provide the client with—
	(i)	an estimate of the total legal costs the client would be likely to incur if the agreement did not involve an uplift fee; or
	(ii)	if it is not reasonably practicable to provide an estimate of the total legal costs—a range of estimates of the total legal costs the client would be likely to incur if the agreement did not involve an uplift fee and an explanation of the major variables that would affect the calculation of those costs; and
	(b)	disclose to the client in writing—
	(i)	the uplift fee (or the basis of the calculation of the uplift fee); and
	(ii)	the reasons why the uplift fee is warranted.
	(2)	A law practice is not required to make a disclosure under subsection (1) to a sophisticated client.
261—Form of disclosure
	(1)	Written disclosures under this Division—
	(a)	must be expressed in clear plain language; and
	(b)	may be in a language other than English if the client is more familiar with that language.
	(2)	If the law practice is aware that the client is unable to read, the law practice must arrange for the information required to be given to a client under this Division to be conveyed orally to the client in addition to providing the written disclosure.
262—Ongoing obligation to disclose
A law practice must, in writing, disclose to a client any substantial change to anything included in a disclosure already made under this Division as soon as is reasonably practicable after the law practice becomes aware of that change.
263—Effect of failure to disclose
	(1)	Postponement of payment of legal costs until assessed
If a law practice does not disclose to a client or an associated third party payer anything required by this Division to be disclosed, the client or associated third party payer need not pay the legal costs unless they have been adjudicated under Division 7.
Note—
Under section 293, the costs of an adjudication in these circumstances are generally payable by the law practice.
	(2)	Bar on recovery proceedings until legal costs assessed
A law practice that does not disclose to a client or an associated third party payer anything required by this Division to be disclosed may not maintain proceedings against the client or associated third party payer (as the case may be) for the recovery of legal costs unless the costs have been adjudicated under Division 7.
	(3)	Setting costs agreement aside
If a law practice does not disclose to a client or an associated third party payer anything required by this Division to be disclosed and the client or associated third party payer has entered a costs agreement with the law practice, the client or associated third party payer may also apply under section 275 for the costs agreement to be set aside.
	(4)	Reduction of legal costs on adjudication
If a law practice does not disclose to a client or an associated third party payer anything required by this Division to be disclosed, then, on an adjudication of the relevant legal costs, the amount of the costs may be reduced by an amount considered by the Supreme Court to be proportionate to the seriousness of the failure to disclose.
	(5)	Effect on legal costs where law practice retains another law practice that fails to disclose
If a law practice retains another law practice on behalf of a client and the first law practice fails to disclose something to the client solely because the retained law practice failed to disclose relevant information to the first law practice as required by section 256(2), then subsections (1) to (4)—
	(a)	do not apply to the legal costs owing to the first law practice on account of legal services provided by it, to the extent that the non-disclosure by the first law practice was caused by the failure of the retained law practice to disclose the relevant information; and
	(b)	do apply to the legal costs owing to the retained law practice.
	(6)	Circumstances where associated third party payer involved
In a matter involving both a client and an associated third party payer where disclosure has been made to one of them but not the other—
	(a)	subsection (1) does not affect the liability of the one to whom disclosure was made to pay the legal costs; and
	(b)	subsection (2) does not prevent proceedings being maintained against the one to whom the disclosure was made for the recovery of those legal costs.
	(7)	Non-disclosure capable of constituting unsatisfactory professional conduct or professional misconduct
Failure by a law practice to comply with this Division is capable of constituting unsatisfactory professional conduct or professional misconduct on the part of any Australian legal practitioner or Australian-registered foreign lawyer involved in the failure.
264—Progress reports
	(1)	A law practice must give a client, on reasonable request—
	(a)	a written report of the progress of the matter in which the law practice is retained; and
	(b)	a written report of the legal costs incurred by the client to date, or since the last bill (if any), in the matter.
	(2)	A law practice may charge a client a reasonable amount for a report under subsection (1)(a) but must not charge a client for a report under subsection (1)(b).
	(3)	A law practice retained on behalf of a client by another law practice is not required to give a report to the client under subsection (1), but must disclose to the other law practice any information necessary for the other law practice to comply with that subsection.
	(4)	Subsection (3) does not apply if the other law practice ceases to act for the client in the matter when the law practice is retained.
265—Disclosures to associated third party payers
	(1)	If a law practice is required to make a disclosure to a client of the practice under this Division, the practice must, in accordance with subsections (2) and (3), also make the same disclosure to any associated third party payer for the client, but only to the extent that the details or matters disclosed are relevant to the associated third party payer and relate to costs that are payable by the associated third party payer in respect of legal services provided to the client.
	(2)	A disclosure under subsection (1) must be made in writing—
	(a)	at the time the disclosure to the client is required under this Division; or
	(b)	if the law practice only afterwards becomes aware of the legal obligation of the associated third party payer to pay legal costs of the client—as soon as practicable after the practice became aware of the obligation.
	(3)	Section 261 applies to a disclosure to an associated third party payer under subsection (1) in the same way as it applies to a client.
	(4)	An associated third party payer for a client of a law practice has the same right as the client to obtain reports under section 264(1)(b) of legal costs incurred by the client, but only to the extent that the costs are payable by the associated third party payer in respect of legal services provided to the client, and the law practice must comply with that section accordingly.

Division 4—Legal costs generally
266—On what basis are legal costs recoverable?
Subject to Division 2, legal costs are recoverable—
	(a)	under a costs agreement made in accordance with Division 5 or the corresponding provisions of a corresponding law; or
	(b)	if paragraph (a) does not apply, in accordance with an applicable scale of costs; or
	(c)	if neither paragraph (a) nor (b) applies, according to the fair and reasonable value of the legal services provided.
Note—
See section 290(2) for the criteria that are to be applied on an adjudication of costs to determine whether legal costs are fair and reasonable.
267—Security for legal costs
A law practice may take reasonable security from a client for legal costs (including security for the payment of interest on unpaid legal costs) and may refuse or cease to act for a client who does not provide reasonable security.
268—Interest on unpaid legal costs
	(1)	A law practice may charge interest on unpaid legal costs if the costs are unpaid 30 days or more after the practice has given a bill for the costs in accordance with this Part.
	(2)	A law practice may also charge interest on unpaid legal costs in accordance with a costs agreement.
	(3)	A law practice must not charge interest under subsection (1) or (2) on unpaid legal costs unless the bill for those costs contains a statement that interest is payable and of the rate of interest.
	(4)	A law practice may not charge interest under this section or under a costs agreement at a rate that exceeds the rate prescribed by the regulations.

Division 5—Costs agreements
269—Making costs agreements
	(1)	A costs agreement may be made—
	(a)	between a client and a law practice retained by the client; or
	(b)	between a client and a law practice retained on behalf of the client by another law practice; or
	(c)	between a law practice and another law practice that retained that law practice on behalf of a client; or
	(d)	between a law practice and an associated third party payer.
	(2)	A costs agreement must be written or evidenced in writing.
	(3)	A costs agreement may consist of a written offer in accordance with subsection (4) that is accepted in writing or by other conduct.
Note—
Acceptance by other conduct is not permitted for conditional costs agreements—see section 270.
	(4)	The offer must clearly state—
	(a)	that it is an offer to enter into a costs agreement; and
	(b)	that the offer can be accepted in writing or by other conduct; and
	(c)	the type of conduct that will constitute acceptance.
	(5)	Except as provided by section 295, a costs agreement cannot provide that the legal costs to which it relates are not subject to adjudication of costs under Division 7.
Note—
If it attempts to do so, the costs agreement will be void—see section 274(1).
	(6)	A reference in section 275 and in prescribed provisions of this Part to a client is, in relation to a costs agreement that is entered into between a law practice and an associated third party payer as referred to in subsection (1)(d) and to which a client of the law practice is not a party, a reference to the associated third party payer.
270—Conditional costs agreements
	(1)	A costs agreement may provide that the payment of some or all of the legal costs is conditional on the successful outcome of the matter to which those costs relate.
	(2)	A conditional costs agreement may relate to any matter, except—
	(a)	a criminal matter; or
	(b)	a matter that relates to or involves child protection, custody or guardianship or adoption; or
	(c)	proceedings under either of the following Acts of the Commonwealth:
	(i)	the Family Law Act 1975;
	(ii)	the Child Support (Assessment) Act 1989; or
	(d)	any other matter of a kind prescribed by regulation.
	(3)	A conditional costs agreement—
	(a)	must set out the circumstances that constitute the successful outcome of the matter to which it relates; and
	(b)	may provide for disbursements to be paid irrespective of the outcome of the matter; and
	(c)	must be—
	(i)	in writing; and
	(ii)	in clear plain language; and
	(iii)	signed by the client; and
	(d)	must contain a statement that the client has been informed of the client's right to seek independent legal advice before entering into the agreement; and
	(e)	must contain a cooling-off period of not less than 5 clear business days during which the client, by written notice, may terminate the agreement.
	(4)	Subsection (3)(c)(iii), (d) and (e) do not apply to a conditional costs agreement made under section 269(1)(c).
	(5)	Subsection (3)(c)(iii), (d) and (e) do not apply to a conditional costs agreement made with a sophisticated client.
	(6)	If a client terminates an agreement within the period referred to in subsection (3)(e), the law practice—
	(a)	may recover only those legal costs in respect of legal services performed for the client before that termination that were performed on the instructions of the client and with the client's knowledge that the legal services would be performed during that period; and
	(b)	without affecting the generality of paragraph (a), may not recover the uplift fee (if any).
271—Conditional costs agreements involving uplift fees
	(1)	A conditional costs agreement may provide for the payment of an uplift fee.
	(2)	The basis of calculation of the uplift fee must be separately identified in the agreement.
	(3)	The agreement must contain an estimate of the uplift fee or, if that is not reasonably practicable—
	(a)	a range of estimates of the uplift fee; and
	(b)	an explanation of the major variables that will affect the calculation of the uplift fee.
	(4)	If a conditional costs agreement relates to a litigious matter—
	(a)	the agreement must not provide for the payment of an uplift fee unless the risk of the claim failing, and of the client having to meet his or her own costs, is significant; and
	(b)	the uplift fee must not exceed 25% of the legal costs (excluding disbursements) otherwise payable.
	(5)	A law practice must not enter into a costs agreement in contravention of this section.
Maximum penalty: $50 000.
272—Contingency fees are prohibited
	(1)	A law practice must not enter into a costs agreement under which the amount payable to the law practice, or any part of that amount, is calculated by reference to the amount of any award or settlement or the value of any property that may be recovered in any proceedings to which the agreement relates.
Maximum penalty: $50 000.
	(2)	Subsection (1) does not apply to the extent that the costs agreement adopts an applicable scale of costs.
273—Effect of costs agreement
Subject to this Division and Division 7, a costs agreement may be enforced in the same way as any other contract.
274—Certain costs agreements are void
	(1)	A costs agreement that contravenes, or is entered into in contravention of, any provision of this Division is void.
	(2)	Subject to this section and Division 7, legal costs under a void costs agreement are recoverable as set out in section 266(b) or (c).
	(3)	However, a law practice is not entitled to recover any amount in excess of the amount that the law practice would have been entitled to recover if the costs agreement had not been void and must repay any excess amount received.
	(4)	A law practice that has entered into a costs agreement in contravention of section 271 is not entitled to recover the whole or any part of the uplift fee and must repay the amount received in respect of the uplift fee to the person from whom it was received.
	(5)	A law practice that has entered into a costs agreement in contravention of section 272 is not entitled to recover any amount in respect of the provision of legal services in the matter to which the costs agreement related and must repay any amount received in respect of those services to the person from whom it was received.
	(6)	If a law practice does not repay an amount required by subsection (3), (4) or (5) to be repaid, the person entitled to be repaid may recover the amount from the law practice as a debt in a court of competent jurisdiction.
275—Setting aside costs agreements
	(1)	On application by a client, the Supreme Court may order that a costs agreement be set aside if satisfied that the agreement is not just or reasonable.
	(2)	In determining whether or not a costs agreement is just or reasonable, and without limiting the matters to which the Court can have regard, the Court may have regard to any or all of the following matters:
	(a)	whether the client was induced to enter into the agreement by the fraud or misrepresentation of the law practice or of any representative of the law practice;
	(b)	whether any Australian legal practitioner or Australian-registered foreign lawyer acting on behalf of the law practice has been found guilty of unsatisfactory professional conduct or professional misconduct in relation to the provision of legal services to which the agreement relates;
	(c)	whether the law practice failed to make any of the disclosures required under Division 3;
	(d)	the circumstances and conduct of the parties before and when the agreement was made;
	(e)	the circumstances and the conduct of the parties in the matters after the agreement was made;
	(f)	whether and how the agreement addresses the effect on costs of matters and changed circumstances that might foreseeably arise and affect the extent and nature of legal services provided under the agreement;
	(g)	whether and how billing under the agreement addresses changed circumstances affecting the extent and nature of legal services provided under the agreement.
	(3)	The Supreme Court may adjourn the hearing of an application under this section pending the completion of any investigation or determination of any charge in relation to the conduct of any Australian legal practitioner or Australian-registered foreign lawyer.
	(4)	If the Supreme Court orders that a costs agreement be set aside, it may make an order in relation to the payment of legal costs the subject of the agreement.
	(5)	In making an order under subsection (4)—
	(a)	the Supreme Court must apply the applicable scale of costs (if any); or
	(b)	if there is no applicable scale of costs—the Court must determine the fair and reasonable legal costs in relation to the work to which the agreement related, taking into account—
	(i)	the seriousness of the conduct of the law practice or any Australian legal practitioner or Australian-registered foreign lawyer acting on its behalf; and
	(ii)	whether or not it was reasonable to carry out the work; and
	(iii)	whether or not the work was carried out in a reasonable manner.
	(6)	In making an order under subsection (4), the Court may not order the payment of an amount in excess of the amount that the law practice would have been entitled to recover if the costs agreement had not been set aside.
	(7)	For the purposes of subsection (5), the Court may have regard to any or all of the following matters:
	(a)	whether the law practice and any Australian legal practitioner or Australian-registered foreign lawyer acting on its behalf complied with any relevant legislation or legal profession rules;
	(b)	any disclosures made by the law practice under Division 5, or the failure to make any disclosures required under that Division;
	(c)	any relevant advertisement as to—
	(i)	the law practice's costs; or
	(ii)	the skills of the law practice or of any Australian legal practitioner or Australian-registered foreign lawyer acting on its behalf;
	(d)	the skill, labour and responsibility displayed on the part of the Australian legal practitioner or Australian-registered foreign lawyer responsible for the matter;
	(e)	the retainer and whether the work done was within the scope of the retainer;
	(f)	the complexity, novelty or difficulty of the matter;
	(g)	the quality of the work done;
	(h)	the place where, and circumstances in which, the work was done;
	(i)	the time within which the work was required to be done;
	(j)	any other relevant matter.
	(8)	The Court may determine whether or not a costs agreement exists.
	(9)	The Court may order the payment of the costs of and incidental to an application under this section.
	(10)	In this section—
client means a person to whom or for whom legal services are or have been provided.

Division 6—Billing
276—Legal costs cannot be recovered unless Bill has been served
	(1)	A law practice must not commence legal proceedings to recover legal costs from a person until at least 30 days after the law practice has given a bill to the person in accordance with sections 277 and 278.
	(2)	A court of competent jurisdiction may make an order authorising a law practice to commence legal proceedings against a person sooner if satisfied that—
	(a)	the law practice has given a bill to the person in accordance with section 277 and 278; and
	(b)	the person is about to leave this jurisdiction.
	(3)	A court or tribunal before which any proceedings are brought in contravention of subsection (1) must stay those proceedings on the application of a party.
	(4)	This section applies whether or not the legal costs are the subject of a costs agreement.
277—Bills
	(1)	A bill may be in the form of a lump sum bill or an itemised bill.
	(2)	A bill must be signed on behalf of a law practice by an Australian legal practitioner.
	(3)	It is sufficient compliance with subsection (2) if a letter signed on behalf of a law practice by an Australian legal practitioner is attached to, or enclosed with, the bill.
	(4)	A bill is to be given to a person—
	(a)	by delivering it personally to the person or to an agent of the person; or
	(b)	by sending it by post to the person or agent at—
	(i)	the usual or last known business or residential address of the person or agent; or
	(ii)	an address nominated for the purpose by the person or agent; or
	(c)	by leaving it for the person or agent at—
	(i)	the usual or last known business or residential address of the person or agent; or
	(ii)	an address nominated for the purpose by the person or agent,
with a person on the premises who is apparently at least 16 years old and apparently employed or residing there; or
	(d)	by transmitting it by facsimile transmission or email to a facsimile number or email address provided by the person or agent; or
	(e)	by sending or delivering it to the person or agent in a manner prescribed by regulation.
	(5)	A reference in subsection (4) to any method of giving a bill to a person includes a reference to arranging for the bill to be given to that person by that method (for example, by delivery by courier).
	(6)	In this section—
agent of a person means an agent, law practice or Australian legal practitioner who has authority to accept service of legal process on behalf of the person.
278—Notification of client's rights
	(1)	A bill must include or be accompanied by a written statement setting out—
	(a)	the following avenues that are open to the client in the event of a dispute in relation to legal costs:
	(i)	raising the matter with the law practice;
	(ii)	adjudication of costs by the Supreme Court under Division 7;
	(iii)	the setting aside of a costs agreement under section 275;
	(iv)	if the client believes there has been overcharging—making a complaint to the Board; and
	(b)	any time limits that apply to the taking of any action referred to in paragraph (a).
Note—
These matters will already have been disclosed under section 255(1).
	(2)	Subsection (1) does not apply in relation to a sophisticated client.
	(3)	A law practice is taken to have complied with the requirement to provide the written statement referred to in subsection (1) if it provides a written statement in or to the effect of a form prescribed by the regulations for the purposes of this subsection.
	(4)	A form prescribed for the purposes of subsection (3) may, instead of itself containing details of the kind referred to in that subsection, refer to publicly accessible sources of information (such as an internet website) from which those details can be obtained.
	(5)	The regulations may—
	(a)	require the Society to develop a statement of the relevant details and to revise it as necessary to keep it up to date; and
	(b)	require the Society to make the statement publicly available in the prescribed manner.
279—Request for itemised Bill
	(1)	If a bill that is not an itemised bill is given by a law practice, any person who is entitled to apply for an adjudication of the legal costs to which the bill relates may request the law practice to give the person an itemised bill.
	(2)	The law practice must comply with the request within 21 days after the date on which the request is made.
	(3)	If the person making the request is liable to pay only a part of the legal costs to which the bill relates, the request for an itemised bill may only be made in relation to those costs that the person is liable to pay.
	(4)	Subject to subsection (5), a law practice must not commence legal proceedings to recover legal costs from a person who has been given a lump sum bill until at least 30 days after the date on which the person is given the bill.
	(5)	If the person makes a request for an itemised bill in accordance with this section, the law practice must not commence legal proceedings to recover the legal costs from the person until at least 30 days after complying with the request.
	(6)	A law practice is not entitled to charge a person for the preparation of an itemised bill requested under this section.
	(7)	Section 277(4) applies to the giving of an itemised bill under this section.
280—Interim Bills
	(1)	A law practice may give a person an interim bill covering part only of the legal services the law practice was retained to provide.
	(2)	Legal costs that are the subject of an interim bill may be adjudicated under Division 7, either at the time of the interim bill or at the time of the final bill, whether or not the interim bill has previously been adjudicated or paid.

Division 7—Adjudication of costs
281—Definition
In this Division—
client means a person to whom or for whom legal services are or have been provided.
282—Application by clients or third party payers for adjudication of costs
	(1)	The Supreme Court may—
	(a)	on the application of a client for an adjudication of the whole or any part of legal costs; or
	(b)	on the application of a third party payer for an adjudication of the whole or any part of legal costs payable by the third party payer,
adjudicate and settle the bill for those costs.
	(2)	An application for an adjudication of costs may be made even if the legal costs have been wholly or partly paid.
	(3)	If any legal costs have been paid without a bill, the client or third party payer may nevertheless apply for an adjudication.
	(4)	An application by a client or third party payer for an adjudication of costs under this section must be made within 6 months after—
	(a)	the bill was given or the request for payment was made to the client or third party payer; or
	(b)	the costs were paid if neither a bill was given nor a request was made.
	(5)	However, an application that is made out of time, otherwise than by—
	(a)	a sophisticated client; or
	(b)	a third party payer who would be a sophisticated client if the third party payer were a client of the law practice concerned,
may be dealt with by the Supreme Court if the Court, on application by the client or third party payer who made the application for adjudication, determines, after having regard to the delay and the reasons for the delay, that it is just and fair for the application for adjudication to be dealt with after the 6 month period.
	(6)	If the third party payer is a non-associated third party payer, the law practice must provide the third party payer, on the written request of the third party payer, with sufficient information to allow the third party payer to consider making, and if thought fit to make, an application for an adjudication of costs under this section.
	(7)	If there is an associated third party payer for a client of a law practice—
	(a)	nothing in this section prevents—
	(i)	the client from making 1 or more applications for adjudication under this section in relation to costs for which the client is solely liable; and
	(ii)	the associated third party payer from making 1 or more applications for adjudication under this section in relation to costs for which the associated third party payer is solely liable,
and those applications may be made by them at the same time or at different times and may be dealt with jointly or separately; and
	(b)	the client or the associated third party payer—
	(i)	may participate in the adjudication of costs process where the other of them makes an application for adjudication under this section in relation to costs for which they are both liable; and
	(ii)	is taken to be a party to the adjudication and is bound by the adjudication; and
	(c)	the law practice is taken to be a party to the adjudication and is bound by the adjudication.
	(8)	If there is a non-associated third party payer for a client of a law practice—
	(a)	nothing in this section prevents—
	(i)	the client from making 1 or more applications for adjudication under this section in relation to costs for which the client is liable; and
	(ii)	the non-associated third party payer from making 1 or more applications for adjudication under this section in relation to costs for which the non-associated third party payer is liable,
and those applications may be made by them at the same time or at different times but must be dealt with separately; and
	(b)	the client—
	(i)	may participate in the adjudication of costs process where the non-associated third party payer makes an application for adjudication under this section in relation to the legal costs for which the non-associated third party payer is liable; and
	(ii)	is taken to be a party to the adjudication and is bound by the adjudication; and
	(c)	despite any other provision of this Division, the adjudication of the costs payable by the non-associated third party payer does not affect the amount of legal costs payable by the client to the law practice.
	(9)	In this section—
client includes the following:
	(a)	an executor or administrator of a client;
	(b)	a trustee of the estate of a client;
third party payer includes the following:
	(a)	an executor or administrator of a third party payer;
	(b)	a trustee of the estate of a third party payer.
283—Application for adjudication by law practice retaining another law practice
	(1)	If a law practice retains another law practice to act on behalf of a client, the law practice—
	(a)	may apply to the Supreme Court; and
	(b)	if instructed to do so by the client or third party payer (if any)—must apply to the Supreme Court,
for an adjudication of the whole or any part of the legal costs to which a bill given by the other law practice in accordance with Division 6 relates.
	(2)	If any legal costs have been paid without a bill, the law practice may nevertheless apply for an adjudication.
	(3)	An application for an adjudication of costs may be made even if the legal costs have been wholly or partly paid.
	(4)	An application under this section must be made within 60 days after—
	(a)	the bill was given or the request for payment was made; or
	(b)	the costs were paid if neither a bill was given nor a request was made; or
	(c)	in the case of an application made on the instructions of a client or third party payer—within 60 days of the day on which the client or third party payer was given notification in writing of the legal costs to which the bill relates.
	(5)	An application cannot be made under this section if—
	(a)	there is a costs agreement between the client and the other law practice; and
	(b)	the bill given by the other law practice is in accordance with the terms of the costs agreement.
284—Application for adjudication of costs by law practice giving bill
	(1)	A law practice that has given a bill in accordance with Division 6 may apply to the Supreme Court for an adjudication of the whole or any part of the legal costs to which the bill relates.
	(2)	If any legal costs have been paid without a bill, the law practice may nevertheless apply for an adjudication.
	(3)	An application for an adjudication of costs may be made even if the legal costs have been wholly or partly paid.
	(4)	An application may not be made under this section unless at least 30 days have passed since—
	(a)	the bill was given or the request for payment was made; or
	(b)	the costs were paid if neither a bill was given nor a request was made; or
	(c)	an application has been made under this Division by another person in respect of the legal costs.
285—Power of Supreme Court on application for adjudication
	(1)	The Supreme Court's power to adjudicate and settle a bill of costs (but no other power of the Supreme Court under this section) may, subject to any rule, order or direction of the Court, be exercised by the Registrar of the Court.
	(2)	Subject to the rules of the Court, an appeal lies to a judge against a decision of the Registrar pursuant to subsection (1).
	(3)	If an application for adjudication of legal costs has been made in accordance with this Division, the Court may—
	(a)	restrain a person claiming to be entitled to the costs from commencing an action for recovery of the costs; or
	(b)	stay any proceedings for recovery of the costs.
	(4)	The Court may, on adjudication of a bill of costs under this Division—
	(a)	order the refund of any amount overpaid; or
	(b)	if the proceedings have been instituted by the person seeking recovery of the costs—order payment of legal costs in accordance with the adjudicated bill.
286—Board may institute proceedings
The Board may institute proceedings for the adjudication of legal costs under section 282 and must institute such proceedings if ordered to do so by the Tribunal.
287—Court may order plaintiff to apply for adjudication
Any court in which proceedings for the recovery of legal costs have been instituted may order the plaintiff to apply to have the legal costs adjudicated in accordance with this Division, and may adjourn the proceedings until the adjudication has been completed.
288—Consequences of application
If an application for an adjudication of costs is made in accordance with this Division—
	(a)	a party to the adjudication cannot be required to pay money into court on account of the legal costs the subject of the application; and
	(b)	any proceedings to recover the legal costs that may have been commenced by the law practice are stayed until the adjudication has been completed; and
	(c)	the law practice must not commence any proceedings to recover the legal costs until the adjudication has been completed.
289—Persons to be notified of application
	(1)	The Supreme Court may cause a copy of an application for adjudication of legal costs to be given to any law practice or client concerned or any other person whom the Court thinks it appropriate to notify.
	(2)	A person who is notified by the Court under subsection (1)—
	(a)	is entitled to participate in the adjudication process; and
	(b)	is taken to be a party to the adjudication; and
	(c)	if the Court so determines, is bound by the adjudication.
290—Criteria for adjudication
	(1)	In conducting an adjudication of legal costs, the Supreme Court must consider—
	(a)	whether or not it was reasonable to carry out the work to which the legal costs relate; and
	(b)	whether or not the work was carried out in a reasonable manner; and
	(c)	the fairness and reasonableness of the amount of legal costs in relation to the work, except to the extent that section 291 or 292 applies to any disputed costs.
	(2)	In considering what is a fair and reasonable amount of legal costs, the Supreme Court may have regard to any or all of the following matters:
	(a)	whether the law practice and any Australian legal practitioner or Australian-registered foreign lawyer acting on its behalf has complied with the law;
	(b)	any disclosures made by the law practice under Division 3;
	(c)	any relevant advertisement as to—
	(i)	the law practice's costs; or
	(ii)	the skills of the law practice or of any Australian legal practitioner or Australian-registered foreign lawyer acting on its behalf;
	(d)	the skill, labour and responsibility displayed on the part of the Australian legal practitioner or Australian-registered foreign lawyer responsible for the matter;
	(e)	the retainer and whether the work done was within the scope of the retainer;
	(f)	the complexity, novelty or difficulty of the matter;
	(g)	the quality of the work done;
	(h)	the place where, and circumstances in which, the legal services were provided;
	(i)	the time within which the work was required to be done;
	(j)	any other relevant matter.
	(3)	In conducting an adjudication of legal costs payable by a non-associated third party payer, the Supreme Court must also consider whether it is fair and reasonable in the circumstances for the non-associated third party payer to be charged the amount claimed.
291—Adjudication of costs by reference to costs agreement
	(1)	The Supreme Court must adjudicate the amount of any disputed costs that are subject to a costs agreement by reference to the provisions of the costs agreement if—
	(a)	a relevant provision of the costs agreement specifies the amount, or a rate or other means for calculating the amount, of the costs; and
	(b)	the agreement has not been set aside under section 275,
unless the Court is satisfied—
	(c)	that the agreement does not comply in a material respect with any applicable disclosure requirements of Division 3; or
	(d)	that Division 5 precludes the law practice concerned from recovering the amount of the costs; or
	(e)	that the parties otherwise agree.
	(2)	The Court is not required to initiate an examination of the matters referred to in subsection (1)(c) and (d).
292—Adjudication of costs by reference to scale of costs
The Supreme Court must adjudicate the amount of any disputed costs that are subject to a scale of costs by reference to the scale.
293—Costs of adjudication
	(1)	The Supreme Court must determine the costs of an adjudication of costs.
	(2)	Unless the Court otherwise orders, the law practice to which the legal costs are payable or were paid must pay the costs of the adjudication if—
	(a)	on the adjudication the legal costs are reduced by 15% or more; or
	(b)	the Court is satisfied that the law practice failed to comply with Division 3.
	(3)	Unless the Court otherwise orders, if the law practice is not, under subsection (2), liable to pay the costs of the adjudication, the costs of the adjudication must be paid by the applicant for the adjudication.
294—Referral for disciplinary action
	(1)	If, on an adjudication, the Supreme Court considers that the legal costs charged by a law practice are grossly excessive, the Court must refer the matter to the Board to consider whether disciplinary action should be taken.
	(2)	If the Court considers that an adjudication raises any other matter that may amount to unsatisfactory professional conduct or professional misconduct on the part of an Australian legal practitioner or Australian-registered foreign lawyer, the Court may refer the matter to the Board or a corresponding authority to consider whether disciplinary action should be taken.
295—Contracting out of Division by sophisticated clients
A sophisticated client of a law practice, or an associated third party payer who would be a sophisticated client if the third party payer were a client of the law practice concerned, may contract out of this Division (but no such contract affects the Board's power to institute proceedings for the adjudication of legal costs under section 286).

Division 8—Miscellaneous
296—Application of Part to incorporated legal practices and multi-disciplinary partnerships
The regulations may provide that specified provisions of this Part do not apply to incorporated legal practices or multi-disciplinary partnerships or both or apply to them with specified modifications.
297—Imputed acts, omissions or knowledge
For the purposes of this Part—
	(a)	anything done or omitted by, to or in relation to—
	(i)	an Australian legal practitioner; or
	(ii)	an Australian-registered foreign lawyer (except for the purposes of section 271(4) or for the purposes of any provision of this Part prescribed for the purposes of this section),
in the course of acting on behalf of a law practice is taken to have been done or omitted by, to or in relation to the law practice; and
	(b)	without limiting paragraph (a), the law practice is taken to become or be aware of, or to have a belief as to, any matter if—
	(i)	an Australian legal practitioner; or
	(ii)	an Australian-registered foreign lawyer (except for the purposes of section 271(4) or for the purposes of any provision of this Part prescribed for the purposes of this section),
becomes or is aware of, or has a belief as to, the matter in the course of acting on behalf of the law practice.

Part 4—Professional indemnity insurance
298—Professional indemnity insurance scheme
	(1)	The Society may, with the approval of the Attorney-General, establish a scheme providing professional indemnity insurance, to an extent provided by the scheme, for the benefit of local legal practitioners.
	(2)	The scheme—
	(a)	will operate for the benefit of a class, or classes, of local legal practitioners defined in the scheme;
	(b)	will provide for insurance indemnity partially under a master policy negotiated between the Society and insurers participating in the scheme and partially from a professional indemnity fund to be established, administered and applied in accordance with the scheme;
	(c)	may provide for the determination and settlement of claims against local legal practitioners covered by the scheme;
	(d)	may impose on local legal practitioners obligations to pay premiums, levies, fees or other charges (which may vary according to factors stipulated in the scheme);
	(e)	may impose, or provide for the imposition of, civil or criminal sanctions or penalties against local legal practitioners who fail to comply with their obligations under the scheme;
	(f)	may confer discretionary powers on the Society in relation to the administration or enforcement of the scheme;
	(g)	may make any other provision reasonably necessary for, or incidental to, the administration or enforcement of the scheme.
	(3)	The scheme, and any amendment to the scheme made by the Society with the approval of the Attorney-General, have the force of law and are binding on—
	(a)	the Society;
	(b)	the local legal practitioners covered by the scheme;
	(c)	the insurers and other persons to whom the scheme applies.
	(4)	The Society must keep a copy of the scheme and of any amendment to the scheme available for inspection at its public office and must, on request for a copy of the scheme or amendment and payment of a reasonable fee fixed by the Society, provide such a copy.
	(5)	In this section—
local legal practitioner includes a person who has ceased to be a local legal practitioner but who was a local legal practitioner when a liability covered by the scheme arose;
professional indemnity insurance means insurance against—
	(a)	civil liability arising in connection with engaging in legal practice (whether the liability arises from an act or omission on the part of the insured legal practitioner or some other person); or
	(b)	civil liability incurred by a local legal practitioner in connection with the administration of a trust of which the practitioner is a trustee.

Part 5—The legal practitioners' guarantee fund
Division 1—Preliminary
299—Interpretation
In this Part—
capping and sufficiency provisions of—
	(a)	this jurisdiction—means sections 313 and 330; or
	(b)	another jurisdiction—means the provisions of the corresponding law of that jurisdiction that correspond to those sections;
claim means a claim under this Part;
claimant means a person who makes a claim under this Part;
concerted interstate default means a default of a law practice arising from or constituted by an act or omission—
	(a)	that was committed jointly by 2 or more associates of the practice; or
	(b)	parts of which were committed by different associates of the practice or different combinations of associates of the practice,
where this jurisdiction is the relevant jurisdiction for at least 1 of the associates and another jurisdiction is the relevant jurisdiction for at least 1 of the associates;
default, in relation to a law practice, means—
	(a)	a failure of the practice to pay or deliver trust money or trust property that was received by the practice in the course of it engaging in legal practice, where the failure arises from an act or omission of an associate that involves dishonesty; or
	(b)	a fraudulent dealing with trust property that was received by the practice in the course of it engaging in legal practice, where the fraudulent dealing arises from or is constituted by an act or omission of an associate that involves dishonesty;
Note—
Section 198 describes when money is received for the purposes of this Act.
dishonesty includes fraud;
pecuniary loss, in relation to a default, means—
	(a)	the amount of trust money, or the value of trust property, that is not paid or delivered; or
	(b)	the amount of money that a person loses or is deprived of, or the loss of value of trust property, as a result of a fraudulent dealing;
relevant jurisdiction—see section 305.
300—Time of default
	(1)	This section applies for the purpose of determining which jurisdiction’s law applies in relation to a default.
	(2)	The default is taken to have occurred when the act or omission giving rise to or constituting the default occurred.
	(3)	An omission is taken to have occurred on the day on or by which the act not performed ought reasonably to have been performed or on such other day as is determined in accordance with the regulations.

Division 2—Guarantee fund
301—Guarantee fund
	(1)	The Society must continue to maintain the legal practitioners' guarantee fund.
	(2)	The Society may from time to time invest any of the money constituting, or forming part of, the guarantee fund in any manner in which trustees are authorised by statute to invest trust funds, and may advance, on such terms and conditions as the Society thinks fit, money from the guarantee fund to the statutory interest account.
	(3)	The guarantee fund consists of—
	(a)	the money paid into it from the statutory interest account; and
	(b)	all money recovered by the Society under this Part; and
	(c)	a prescribed proportion of the fees paid in respect of the issue or renewal of local practising certificates; and
	(d)	costs recovered by the Attorney-General, the Board or the Society in disciplinary proceedings against Australian legal practitioners or former Australian legal practitioners; and
	(e)	any fee paid to the Board; and
	(f)	any other money required to be paid into the guarantee fund under this Act; and
	(g)	any money that the Society thinks fit to include in the guarantee fund; and
	(h)	the income and accretions arising from the investment of the money constituting the guarantee fund.
	(4)	Subject to subsection (5), money in the guarantee fund may be applied for any of the following purposes:
	(a)	meeting any expenses incurred by LPEAC in exercising its functions and powers under this Act;
	(b)	meeting any expenses incurred by the Board of Examiners in exercising its functions and powers under this Act;
	(c)	the costs incurred by the Society in appointing an Australian legal practitioner to appear in proceedings in which a person seeks admission to the legal profession in this or another jurisdiction;
	(d)	the costs of investigating complaints against Australian legal practitioners or former Australian legal practitioners and of disciplinary proceedings against Australian legal practitioners or former Australian legal practitioners;
	(e)	the costs of investigating complaints against Australian-registered foreign lawyers or former Australian-registered foreign lawyers and of disciplinary proceedings against Australian-registered foreign lawyers or former Australian-registered foreign lawyers;
	(f)	the costs of proceedings instituted by the Board for the adjudication of legal costs;
	(g)	the costs of prosecutions for offences against this Act;
	(h)	the costs incurred by the Society in carrying out its regulatory functions in respect of incorporated legal practices and multi‑disciplinary partnerships;
	(i)	the costs of an investigation or external examination conducted at the direction of the Society under Chapter 3 Part 2;
	(j)	costs consequent on the appointment of a supervisor of trust money, a manager or a receiver under Chapter 5;
	(k)	the payment of honoraria, approved by the Attorney-General, to members of the Board and the Tribunal;
	(l)	the legal costs payable by—
	(i)	a member of the Board in relation to any action against the member arising from an honest act or omission in the performance or purported performance of a duty imposed by or under this Act; or
	(ii)	any person in relation to any action arising from an honest act or omission in the exercise or purported exercise of powers or functions under Chapter 3 Part 2 or delegated by the Board;
	(m)	the payment of money towards the costs of an arrangement under Part 4 to the extent that those costs are, in accordance with the terms of the scheme and with the approval of the Attorney-General, to be paid from the guarantee fund;
	(n)	the costs of processing claims under this Part and of paying out those claims to the extent authorised by this Part;
	(na)	the costs of exercising a right or remedy subrogated to the Society under section 322;
	(o)	defraying any management fee or other expenditure relating to the management or administration of the guarantee fund;
	(p)	educational or publishing programs conducted for the benefit of Australian legal practitioners or members of the public.
	(5)	No payment may be made from the guarantee fund except with the authorisation of the Attorney-General.
	(6)	The Attorney-General may, before authorising a payment from the guarantee fund, require the Society, the Tribunal, the Board or any person engaged in the administration of this Act to provide such information and explanations as to the reason for the proposed payment as the Attorney-General may reasonably require.
302—Insurance
	(1)	The Society may arrange with an insurer for the insurance of the guarantee fund.
	(2)	Without limiting subsection (1), the Society may arrange for the insurance of the guarantee fund against particular claims or particular classes of claims.
	(3)	The premium on a policy of insurance entered into under this section must be paid out of the guarantee fund.
	(4)	The proceeds paid under a policy of insurance against particular claims or particular classes of claims are to be paid into the guarantee fund, and a claimant is not entitled to have direct recourse to the proceeds or any part of them.
	(5)	No liability (including liability in defamation) is incurred by a protected person in respect of anything done or omitted to be done in good faith for the purpose of arranging for the insurance of the guarantee fund.
	(6)	In this section—
protected person means—
	(a)	the Society; or
	(b)	the Council; or
	(c)	an officer, employee or agent of the Society; or
	(d)	a person acting at the direction of any person or entity referred to in this definition.
303—Borrowing
The Society cannot borrow money for the purposes of the guarantee fund.
304—Annual report
	(1)	The Society must, on or before 31 October in each year, report to the Attorney-General on the administration of this Part during the preceding financial year.
	(2)	The report must state—
	(a)	the amount of the payments from the guarantee fund; and
	(b)	the nature of the claims in respect of which payments were made; and
	(c)	any other purpose for which money in the fund has been applied,
during the financial year.
	(3)	The Attorney-General must, within 12 sitting days after receiving a report under this section, cause copies of the report to be laid before both Houses of Parliament.

Division 3—Defaults to which this Part applies
305—Meaning of relevant jurisdiction
	(1)	The relevant jurisdiction for an associate of a law practice whose act or omission (whether alone or with 1 or more other associates of the practice) gives rise to or constitutes a default of the practice is to be determined under this section.
Note—
The concept of an associate’s “relevant jurisdiction” is used to determine the jurisdiction whose guarantee fund is liable for a default of a law practice arising from an act or omission committed by the associate. The relevant jurisdiction for an associate is in most cases the associate’s home jurisdiction.
	(2)	In the case of a default involving trust money received in Australia (whether or not it was paid into an Australian trust account), the relevant jurisdiction for the associate is—
	(a)	if the trust money was paid into an Australian trust account and if the associate (whether alone or with a co-signatory) was authorised to withdraw any or all of the trust money from the only or last Australian trust account in which the trust money was held before the default—the jurisdiction under whose law that trust account was maintained; or
	(b)	in any other case—the associate’s home jurisdiction.
	(3)	In the case of a default involving trust money received outside Australia and paid into an Australian trust account, the relevant jurisdiction for the associate is—
	(a)	if the associate (whether alone or with a co-signatory) was authorised to withdraw any or all of the trust money from the only or last Australian trust account in which the trust money was held before the default—the jurisdiction under whose law that trust account was maintained; or
	(b)	in any other case—the associate’s home jurisdiction.
	(4)	In the case of a default involving trust property received in Australia, or received outside Australia and brought to Australia, the relevant jurisdiction for the associate is the associate’s home jurisdiction.
Note—
Section 335 provides that the Society may treat the default as consisting of 2 or more defaults for the purpose of determining the liability of the guarantee fund.
306—Defaults to which this Part applies
	(1)	This Part applies to a default of a law practice arising from or constituted by an act or omission of 1 or more associates of the practice, where this jurisdiction is the relevant jurisdiction for the only associate or 1 or more of associates involved.
	(2)	It is immaterial where the default occurs.
	(3)	It is immaterial that the act or omission giving rise to or constituting a default does not constitute a crime or other offence under the law of this or any other jurisdiction or of the Commonwealth or that proceedings have not been commenced or concluded in relation to a crime or other offence of that kind.
307—Defaults relating to financial services or investments
	(1)	This Part does not apply to a default of a law practice to the extent that the default occurs in relation to money or property that is entrusted to or held by the practice for or in connection with—
	(a)	a financial service provided by the practice or an associate of the practice in circumstances where the practice or associate is required to hold an Australian financial services licence covering the provision of the service (whether not such a licence is held at any relevant time); or
	(b)	a financial service provided by the practice or an associate of the practice in circumstances where the practice or associate provides the service as a representative of another person who carries on a financial services business (whether or not the practice or associate is an authorised representative at any relevant time).
	(2)	Without limiting subsection (1), this Part does not apply to a default of a law practice to the extent that the default occurs in relation to money or property that is entrusted to or held by the practice for or in connection with—
	(a)	a managed investment scheme; or
	(b)	mortgage financing,
undertaken by the practice.
	(3)	Without limiting subsections (1) and (2), this Part does not apply to a default of a law practice to the extent that the default occurs in relation to money or property that is entrusted to or held by the practice for investment purposes, whether on its own account or as agent, unless—
	(a)	the money or property was entrusted to or held by the practice—
	(i)	in the ordinary course of legal practice; and
	(ii)	primarily in connection with the provision of legal services to or at the direction of the client; and
	(b)	the investment is or is to be made—
	(i)	in the ordinary course of legal practice; and
	(ii)	for the ancillary purpose of maintaining or enhancing the value of the money or property pending completion of the matter or further stages of the matter or pending payment or delivery of the money or property to or at the direction of the client.
	(4)	In this section—
Australian financial services licence, authorised representative, financial service and financial services business have the same meanings as in Chapter 7 of the Corporations Act 2001 of the Commonwealth.

Division 4—Claims about defaults
308—Claims about defaults
	(1)	A person who suffers pecuniary loss because of a default to which this Part applies may make a claim against the guarantee fund to the Society about the default.
	(2)	A claim is to be made in writing in a form approved by the Society.
	(3)	The Society may, in considering any claim made under this Part, by notice in writing served on any person, require the person, within the time specified in the notice, to do any or all of the following:
	(a)	to give further information about the claim or any dispute to which the claim relates;
	(b)	to verify the claim or any further information, by statutory declaration;
	(c)	to deliver up any document in his or her possession or power relevant to the determination of the claim.
	(4)	A person must not, without reasonable excuse, fail to comply with a notice served on him or her under subsection (3).
Maximum penalty: $5 000.
309—Personal representative may make claim
The personal representative of a person (including a deceased person) is entitled to make a claim under this Part on behalf of the person or the person's estate.
310—Time limit for making claims
	(1)	Subject to section 312, a claim does not lie against the guarantee fund unless the prospective claimant notifies the Society of the default concerned—
	(a)	within the period of 6 months after the prospective claimant becomes aware of the default; or
	(b)	within a further period allowed by the Society; or
	(c)	if the Supreme Court allows further time after the Society refuses to do so—within a period allowed by the Supreme Court.
	(2)	The Supreme Court or Society may allow a further period referred to in subsection (1) if satisfied that—
	(a)	it would be reasonable to do so after taking into account all ascertained and contingent liabilities of the guarantee fund; and
	(b)	it would be appropriate to do so in a particular case having regard to matters the Supreme Court or Society considers relevant.
311—Advertisements
	(1)	If the Society considers that there has been, or may have been, a default by a law practice, it may publish 1 or more of the following:
	(a)	a notice that seeks information about the default;
	(b)	a notice that invites claims about the default and fixes a final date after which claims relating to the default cannot be made;
	(c)	a notice that states that a cap applies to claims relating to the default.
	(2)	The final date fixed by a notice must be a date that is—
	(a)	at least 3 months later than the date of the first or only publication of the notice; and
	(b)	not more than 12 months after the date of that first or only publication.
	(3)	A notice must be published—
	(a)	in a newspaper circulating generally throughout Australia; and
	(b)	in a newspaper circulating generally in each jurisdiction where the law practice—
	(i)	has an office; or
	(ii)	at any relevant time had an office,
if known to the Society; and
	(c)	on the internet site (if any) of the Society.
	(4)	The Society may provide information to persons making inquiries in response to a notice published under this section.
	(5)	Apart from extending the period during which claims can be made under this Part (where relevant), publication of a notice under this section does not confer any entitlements in relation to any claim or the default to which it relates or provide any grounds affecting the determination of any claim.
	(6)	Neither the publication in good faith of a notice under this section, nor the provision of information in good faith under this section, subjects a protected person to any liability (including liability in defamation).
	(7)	In this section—
protected person, in relation to the publication of a notice under this section, means—
	(a)	the Society; or
	(b)	the Council; or
	(c)	an officer, employee or agent of the Society; or
	(d)	the proprietor, editor or publisher of any newspaper in which the notice is published; or
	(e)	an internet service provider or internet content host for any internet site on which the notice is published; or
	(f)	a person acting at the direction of any person or entity referred to in this definition; or
	(g)	a person who responds to a notice under this section.
312—Time limit for making claims following advertisements
	(1)	This section applies if the Society publishes a notice under section 311 fixing a final date after which claims relating to a default cannot be made.
	(2)	A claim may be made—
	(a)	up to and including the final date fixed under the notice; or
	(b)	within a further period allowed by the Society; or
	(c)	if the Supreme Court allows further time after the Society refuses to do so—within a period allowed by the Supreme Court,
even though it would have been barred under section 310 had the notice not been published.
313—Caps on payments following advertisements
	(1)	If a notice is published by the Society under section 311(1)(c), the maximum amount that may be applied towards satisfaction of any particular claim to which the notice relates is 30 per cent of the balance of the guarantee fund (calculated to the nearest $1 000) as disclosed in the accounts of the guarantee fund last audited before the proposed application of money towards satisfaction of the claim.
	(2)	Despite subsection (1), the Society may authorise payment of a larger amount if satisfied that it would be reasonable to do so after taking into account the position of the guarantee fund and the circumstances of the particular case.
314—Claims not affected by certain matters
	(1)	A claim may be made about a law practice’s default despite a change in the status of the practice or the associate concerned after the occurrence of the act or omission giving rise to or constituting the default.
	(2)	A claim that has been made is not affected by a later change in the status of the practice or associate.
	(3)	For the purposes of this section, a change in status includes—
	(a)	a change in the membership or staffing or the dissolution of the practice (in the case of a partnership); and
	(b)	a change in the directorship or staffing or the winding up or dissolution of the practice (in the case of an incorporated legal practice); and
	(c)	the fact that the associate has ceased to practise or to hold an Australian practising certificate (in the case of an associate who was an Australian legal practitioner); and
	(d)	the death of the associate (in the case of a natural person).
315—Investigation of claims
The Society may investigate a claim made to it, including the default to which it relates, in any manner it considers appropriate.
316—Advance payments
	(1)	The Society may, at its absolute discretion, make payments to a claimant in advance of the determination of a claim if satisfied that—
	(a)	the claim is likely to be allowed; and
	(b)	payment is warranted to alleviate hardship.
	(2)	Any payments made in advance are to be taken into account when the claim is determined.
	(3)	Payments under this section are to be made from the guarantee fund.
	(4)	If the claim is disallowed, the amounts paid under this section are recoverable by the Society as a debt due to the guarantee fund.
	(5)	If the claim is allowed but the amount payable is less than the amount paid under this section, the excess paid under this section is recoverable by the Society as a debt due to the guarantee fund.

Division 5—Determination of claims
317—Determination of claims
	(1)	The Society may determine a claim by wholly or partly allowing or disallowing it.
	(2)	The Society may disallow a claim to the extent that the claim does not relate to a default for which the guarantee fund is liable.
	(3)	The Society may wholly or partly disallow a claim, or reduce a claim, to the extent that—
	(a)	the claimant knowingly assisted in or contributed towards, or was a party or accessory to, the act or omission giving rise to the claim; or
	(b)	the negligence of the claimant contributed to the loss; or
	(c)	the conduct of the transaction with the law practice in relation to which the claim is made was illegal, and the claimant knew or ought reasonably to have known of that illegality; or
	(d)	proper and usual records were not brought into existence during the conduct of the transaction, or were destroyed, and the claimant knew or ought reasonably to have known that records of that kind would not be kept or would be destroyed; or
	(e)	the claimant has unreasonably refused to disclose information or documents to or co-operate with—
	(i)	the Society; or
	(ii)	any other authority (including, for example, an investigative or prosecuting authority),
in the investigation of the claim.
	(4)	Subsections (2) and (3) do not limit the Society's power to disallow a claim on any other ground.
	(5)	Without limiting subsection (2) or (3), the Society may reduce the amount otherwise payable on a claim to the extent the Society considers appropriate—
	(a)	if satisfied that the claimant assisted in or contributed towards, or was a party or accessory to, the act or omission giving rise to the claim; or
	(b)	if satisfied that the claimant unreasonably failed to mitigate losses arising from the act or omission giving rise to the claim; or
	(c)	if satisfied that the claimant has unreasonably hindered the investigation of the claim.
	(6)	The Society must, in allowing a claim, specify the amount payable.
318—Maximum amount allowable
	(1)	The amount payable in respect of a default must not exceed the pecuniary loss resulting from the default.
	(2)	This section does not apply to costs payable under section 319 or to interest payable under section 320.
319—Costs
	(1)	If the Society wholly or partly allows a claim, the Society must order payment of the claimant’s reasonable legal costs involved in making and proving the claim.
	(2)	If the Society wholly disallows a claim, the Society may order payment of the whole or part of the claimant’s reasonable legal costs involved in making and attempting to prove the claim, where the Society considers it is appropriate to make the order.
	(3)	The costs are payable from the guarantee fund on a party and party basis.
320—Interest
	(1)	In determining the amount of pecuniary loss resulting from a default, the Society is to add interest on the amount payable (excluding interest), unless the Society considers that special circumstances exist warranting a reduction in the amount of interest or warranting a determination that no amount should be paid by way of interest.
	(2)	The interest is to be calculated from the date on which the claim was made, to the date the Society notifies the claimant that the claim has been allowed, at the rate specified in or determined under the regulations.
	(3)	To the extent that regulations are not in force for the purposes of subsection (2), interest is to be calculated at the rate of 5 per cent per annum.
	(4)	The interest is payable from the guarantee fund.
321—Reduction of claim because of other benefits
	(1)	A person is not entitled to recover from the guarantee fund any amount equal to amounts or to the value of other benefits—
	(a)	that have already been paid to or received by the person; or
	(b)	that have already been determined and are payable to or receivable by the person,
from other sources in respect of the pecuniary loss to which a claim relates.
322—Subrogation
	(1)	On payment of a claim from the guarantee fund, the Society is subrogated to the rights and remedies of the claimant against any person in relation to the default to which the claim relates.
	(2)	Without limiting subsection (1), that subsection extends to a right or remedy against—
	(a)	the associate in respect of whom the claim is made; or
	(b)	the person authorised to administer the estate of the associate in respect of whom the claim is made and who is deceased or an insolvent under administration.
	(4)	The Society may exercise its rights and remedies under this section in its own name or in the name of the claimant.
	(5)	If the Society brings proceedings under this section in the name of the claimant, it must indemnify the claimant against any costs awarded against the claimant in the proceedings.
	(6)	Despite any other law, the limitation period within which the Society may exercise its rights and remedies under this section commences on the day on which payment of the claim from the guarantee fund is made to the claimant.
	(7)	The Society must pay into the guarantee fund any money recovered in exercising its rights and remedies under this section.
323—Repayment of certain amounts
	(1)	If a claimant—
	(a)	receives a payment from the guarantee fund in respect of the claim; and
	(b)	receives or recovers from another source or sources a payment on account of the pecuniary loss; and
	(c)	there is a surplus after deducting the amount of the pecuniary loss from the total amount received or recovered by the claimant from both or all sources,
the amount of the surplus is a debt payable by the claimant to the fund.
	(2)	However, the amount payable by the claimant cannot exceed the amount the claimant received from the guarantee fund in respect of the claim.
324—Notification of delay in making decision
	(1)	If the Society considers that a claim is not likely to be determined within 12 months after the claim was made, the Society must notify the claimant in writing that the claim is not likely to be determined within that period.
	(2)	The notification must contain a brief statement of reasons for the delay.
325—Notification of decision
	(1)	The Society must, as soon as practicable, notify the claimant in writing about any decision it makes about the claim.
	(2)	If the decision is to disallow the claim, wholly or partly, or to reduce the amount allowed in respect of the claim, the notification must include an information notice.
	(3)	If the decision is to limit the amount payable, or to decline to pay an amount, under the capping and sufficiency provisions of this jurisdiction, the notification must include advice that—
	(a)	the decision was made under those provisions; and
	(b)	an appeal does not lie against the decision.
	(4)	The notification must be served—
	(a)	on the claimant or the claimant's personal representative; or
	(b)	if the claimant is dead and has not left a personal representative known to the Society, or if the whereabouts of the claimant is unknown—by publication in the Gazette.
326—Appeal against decision on claim
	(1)	A claimant may appeal to the Supreme Court against—
	(a)	a decision of the Society to wholly or partly disallow a claim; or
	(b)	a decision of the Society to reduce the amount allowed in respect of a claim,
but an appeal does not lie against a decision of the Society to limit the amount payable, or to decline to pay an amount, under the capping and sufficiency provisions of this jurisdiction.
	(2)	An appeal against a decision must be lodged within 3 months of receiving the information notice about the decision.
	(4)	The Supreme Court may—
	(a)	affirm the decision; or
	(b)	if satisfied that the reasons for varying or setting aside the Society's decision are sufficiently cogent to warrant doing so—
	(i)	vary the decision; or
	(ii)	set aside the decision and make a decision in substitution for the decision set aside; or
	(iii)	set aside the decision and remit the matter for reconsideration by the Society in accordance with any directions or recommendations of the Court,
and may make other orders as it thinks fit.
	(5)	No order for costs is to be made on an appeal under this section unless the Supreme Court is satisfied that an order for costs should be made in the interests of justice.
327—Appeal against failure to determine claim
	(1)	A claimant may appeal to the Supreme Court against a failure of the Society to determine a claim within the period of 12 months after the claim was made.
	(2)	An appeal against a failure to determine a claim may be made at any time after the period of 12 months after the claim was made and while the failure continues.
	(4)	The Supreme Court may determine the appeal—
	(a)	by—
	(i)	giving directions to the Society for the expeditious determination of the matter; and
	(ii)	if the Court is satisfied that there has been unreasonable delay—ordering that interest be paid at a specified rate that is higher than the rate applicable under section 320, until further order or the determination of the claim; and
	(iii)	if the Court is satisfied that there has not been unreasonable delay—ordering that, if delay continues in circumstances of a specified kind, interest be paid for a specified period at a specified rate that is higher than the rate applicable under section 320, until further order or the determination of the claim; or
	(b)	by deciding not to give directions or make orders under paragraph (a).
	(5)	No order for costs is to be made on an appeal under this section unless the Supreme Court is satisfied that an order for costs should be made in the interests of justice.
328—Court proceedings
In any proceedings brought in a court under section 322 or section 326—
	(a)	evidence of any admission or confession by, or other evidence that would be admissible against, an Australian legal practitioner or other person with respect to an act or omission giving rise to a claim is admissible to prove the act or omission despite the fact that the practitioner or other person is not a defendant in, or a party to, the proceedings; and
	(b)	any defence that would have been available to the practitioner or other person is available to the Society.

Division 6—Payments from guarantee fund for defaults
329—Payments for defaults
	(1)	Subject to this Act, the guarantee fund is to be applied by the Society for the purpose of compensating claimants in respect of claims allowed under this Part in respect of defaults to which this Part applies.
	(2)	An amount payable from the guarantee fund in respect of a claim is payable to the claimant or to another person at the claimant’s direction.
330—Sufficiency of guarantee fund
	(1)	If the Society is of the opinion that the guarantee fund is likely to be insufficient to meet the fund’s ascertained and contingent liabilities, the Society may do any or all of the following:
	(a)	postpone all payments relating to all or any class of claims out of the fund;
	(b)	impose a levy under section 331;
	(c)	make partial payments of the amounts of 1 or more allowed claims out of the fund with payment of the balance being a charge on the fund;
	(d)	make partial payments of the amounts of 2 or more allowed claims out of the fund on a pro rata basis, with payment of the balance ceasing to be a liability of the fund.
	(2)	In deciding whether to do any or all of the things mentioned in subsection (1), the Society—
	(a)	must have regard to hardship where relevant information is known to the Society; and
	(b)	must endeavour to treat outstanding claims equally and equitably, but may make special adjustments in cases of hardship.
	(3)	If the Society declares that a decision is made under subsection (1)(d)—
	(a)	the balance specified in the declaration ceases to be a liability of the guarantee fund; and
	(b)	the Society may (but need not) at any time revoke the declaration in relation to either the whole or a specified part of the balance and the balance or that part of the balance again becomes a liability of the guarantee fund.
	(4)	A decision of the Society made under this section is final and not subject to appeal or review.
331—Levies
	(1)	If the Society is at any time of the opinion that the guarantee fund is likely to be insufficient to meet the liabilities to which it is subject, the Society may, by resolution of the Council, impose on each local legal practitioner a levy payable to the Society on account of the guarantee fund.
	(2)	A levy is to be of such amount as the Society determines and may differ according to factors determined by the Society.
	(3)	Without limiting subsection (2), the Society may determine that the amount of the levy is to differ according to whether a practitioner is practising—
	(a)	on his or her own account or in partnership; or
	(b)	as an employee of another solicitor; or
	(c)	as an employee of a person who is not a solicitor, or of a corporation; or
	(d)	as an employee of the Crown.
	(4)	A levy is payable at the time, and in the manner, fixed by the Society and is recoverable by the Society as a debt due to the guarantee fund.
	(5)	However, a levy may not be imposed under this section without the written authorisation of the Attorney-General.

Division 7—Claims by law practices or associates
332—Claims by law practices or associates about defaults
	(1)	This section applies to a default of a law practice arising from or constituted by an act or omission of an associate of the practice.
	(2)	A claim may be made under section 308 by another associate of the law practice, if the associate suffers pecuniary loss because of the default.
	(3)	A claim may be made under section 308 by the law practice, if the practice is an incorporated legal practice and it suffers pecuniary loss because of the default.
333—Claims by law practices or associates about notional defaults
	(1)	This section applies if a default of a law practice arising from or constituted by an act or omission of an associate of the practice was avoided, remedied or reduced by a financial contribution made by the practice or by 1 or more other associates.
	(2)	The default, to the extent that it was avoided, remedied or reduced, is referred to in this section as a notional default.
	(3)	This Part applies to a notional default in the same way as it applies to other defaults of law practices, but only the law practice or the other associate or associates concerned are eligible to make claims about the notional default.

Division 8—Defaults involving interstate elements
334—Concerted interstate defaults
	(1)	The Society may treat a concerted interstate default as if the default consisted of 2 or more separate defaults—
	(a)	1 of which is a default to which this Part applies, where this jurisdiction is the relevant jurisdiction for 1 or more of the associates involved; and
	(b)	the other or others of which are defaults to which this Part does not apply, where another jurisdiction or jurisdictions are the relevant jurisdictions for 1 or more of the associates involved.
	(2)	The Society may treat a claim about a concerted interstate default as if the claim consisted of—
	(a)	1 or more claims made under this Part; and
	(b)	1 or more claims made under a corresponding law or laws.
	(3)	A claim about a concerted interstate default is to be assessed on the basis that the guarantee funds of the relevant jurisdictions involved are to contribute—
	(a)	in equal shares in respect of the default, regardless of the number of associates involved in each of those jurisdictions, and disregarding the capping and sufficiency provisions of those jurisdictions; or
	(b)	in other shares as agreed by the Society and the corresponding authority or authorities involved.
	(4)	Subsection (3) does not affect the application of the capping and sufficiency requirements of this jurisdiction in respect of the amount payable from the guarantee fund after the claim has been assessed.
335—Defaults involving interstate elements where committed by 1 associate only
	(1)	This section applies to a default of a law practice arising from or constituted by an act or omission that was committed by only 1 associate of the practice, where the default involves more than 1 of the cases referred to in section 305(2) to (4).
	(2)	The Society may treat the default to which this section applies as if the default consisted of 2 or more separate defaults—
	(a)	1 of which is a default to which this Part applies, where this jurisdiction is the relevant jurisdiction; and
	(b)	the other or others of which are defaults to which this Part does not apply, where another jurisdiction or jurisdictions are the relevant jurisdictions.
	(3)	The Society may treat a claim about the default to which this section applies as if the claim consisted of—
	(a)	1 or more claims made under this Part; and
	(b)	1 or more claims made under a corresponding law or laws.
	(4)	A claim about a default to which this section applies is to be assessed on the basis that the guarantee funds of the relevant jurisdictions involved are to contribute—
	(a)	in equal shares in respect of the default, and disregarding the capping and sufficiency provisions of those jurisdictions; or
	(b)	in other shares as agreed by the Society and the corresponding authority or authorities involved.
	(5)	Subsection (4) does not affect the application of the capping and sufficiency requirements of this jurisdiction in respect of the amount payable from the guarantee fund after the claim has been assessed.

Division 9—Inter-jurisdictional provisions
336—Protocols
	(1)	The Society is authorised to enter into arrangements (referred to in this Part as protocols) with corresponding authorities for or with respect to matters to which this Part relates.
	(2)	Without limiting subsection (1), protocols may provide that the Society is taken to have—
	(a)	requested a corresponding authority to act as agent of the Society in specified classes of cases; or
	(b)	agreed to act as agent of a corresponding authority in specified classes of cases.
	(3)	Protocols may be amended, revoked or replaced by agreement between the Society and the corresponding authority.
337—Forwarding of claims
	(1)	If a claim is made to the Society about a default that appears to the Society to be a default to which a corresponding law applies, the Society must forward the claim or a copy of it to a corresponding authority of the jurisdiction concerned.
	(2)	If a claim is made to a corresponding authority about a default that appears to the Society to be a default to which this Part applies and the claim or a copy of it is forwarded under a corresponding law to the Society by the corresponding authority, the claim is taken—
	(a)	to have been made under this Part; and
	(b)	to have been so made when the claim was received by the corresponding authority.
338—Investigation of defaults to which this Part applies
	(1)	This section applies if a default appears to the Society to be a default to which this Part applies and to have—
	(a)	occurred solely in another jurisdiction; or
	(b)	occurred in more than 1 jurisdiction; or
	(c)	occurred in circumstances in which it cannot be determined precisely in which jurisdiction the default occurred.
	(2)	The Society may request a corresponding authority or corresponding authorities to act as agent or agents for the Society, for the purpose of processing or investigating a claim about the default or aspects of the claim.
	(3)	A corresponding authority may act as agent of the Society, if requested to do so by the Society, for the purpose of processing or investigating a claim about the default or aspects of the claim.
339—Investigation of defaults to which a corresponding law applies
	(1)	This section applies if a default appears to the Society to be a default to which a corresponding law applies and to have—
	(a)	occurred solely in this jurisdiction; or
	(b)	occurred in more than 1 jurisdiction (including this jurisdiction); or
	(c)	occurred in circumstances in which it cannot be determined precisely in which jurisdiction the default occurred.
	(2)	The Society may act as agent of a corresponding authority, if requested to do so by the corresponding authority, for the purpose of processing or investigating a claim about the default or aspects of the claim.
	(3)	If the Society agrees to act as agent of a corresponding authority under subsection (2), the Society may exercise any of its powers or functions in relation to processing or investigating the claim or aspects of the claim as if the claim had been made under this Part.
340—Investigation of concerted interstate defaults and other defaults involving interstate elements
	(1)	This section applies if it appears to the Society that—
	(a)	a concerted interstate default; or
	(b)	a default to which section 335 applies,
has occurred.
	(2)	The Society may request a corresponding authority or corresponding authorities to act as agent or agents for the Society, for the purpose of processing or investigating a claim about the default or aspects of the claim.
	(3)	The Society may act as agent of a corresponding authority, if requested to do so by the corresponding authority, for the purpose of processing or investigating a claim about the default or aspects of the claim.
	(4)	If the Society agrees to act as agent of a corresponding authority under subsection (3), the Society may exercise any of its powers or functions in relation to processing or investigating the claim or aspects of the claim as if the claim had been made entirely under this Part.
341—Recommendations by Society to corresponding authorities
If the Society is acting as agent of a corresponding authority in relation to a claim made under a corresponding law, the Society may make recommendations about the decision the corresponding authority might make about the claim.
342—Recommendations to and decisions by Society after receiving recommendations from corresponding authorities
	(1)	If a corresponding authority makes recommendations about the decision the Society might make about a claim in relation to which the corresponding authority was acting as agent of the Society, the Society may—
	(a)	make its decision about the claim in conformity with all or any of the recommendations, whether with or without further consideration, investigation or inquiry; or
	(b)	disregard all or any of the recommendations.
	(2)	A corresponding authority cannot, as agent of the Society, make a decision about the claim under Division 5.
343—Request to another jurisdiction to investigate aspects of claim
	(1)	The Society may request a corresponding authority to arrange for the investigation of any aspect of a claim being dealt with by the Society and to provide a report on the result of the investigation.
	(2)	A report on the result of the investigation received from—
	(a)	the corresponding authority; or
	(b)	a person or entity authorised by the corresponding authority to conduct the investigation,
may be used and taken into consideration by the Society in the course of dealing with the claim under this Part.
344—Request from another jurisdiction to investigate aspects of claim
	(1)	This section applies in relation to a request received by the Society from a corresponding authority to arrange for the investigation of any aspect of a claim being dealt with under a corresponding law.
	(2)	The Society may conduct the investigation.
	(3)	The provisions of this Part relating to the investigation of a claim apply, with any necessary adaptations, in relation to the investigation of the relevant aspect of the claim that is the subject of the request.
	(4)	The Society must provide a report on the result of the investigation to the corresponding authority.
345—Co-operation with other authorities
	(1)	When dealing with a claim under this Part involving a law practice or an Australian legal practitioner, the Society may consult and co-operate with another person or body who or which has powers under the corresponding law of another jurisdiction in relation to the practice or practitioner.
	(2)	For the purposes of subsection (1), the Society and the other person or body may exchange information concerning the claim.

Division 10—Miscellaneous
346—Interstate legal practitioner becoming authorised to withdraw from local trust account
	(1)	This section applies to an interstate legal practitioner who (whether alone or with a co-signatory) becomes authorised to withdraw money from a local trust account.
	(2)	The regulations may do either or both of the following:
	(a)	require the practitioner to notify the Society of the authorisation in accordance with the regulations;
	(b)	require the practitioner to make contributions to the guarantee fund in accordance with the regulations.
	(3)	Without limiting subsection (2), the regulations may determine or provide for the determination of any or all of the following:
	(a)	the manner in which the notification is to be made and the information or material that is to be included in or to accompany the notification;
	(b)	the amount of the contributions, their frequency and the manner in which they are to be made.
347—Application of Part to incorporated legal practices
	(1)	The regulations may provide that specified provisions of this Part, and any other provision of this Act or any legal profession rule relating to the guarantee fund, do not apply to incorporated legal practices or apply to them with specified modifications.
	(2)	Nothing in this section affects any obligation of an Australian legal practitioner who is an officer or employee of an incorporated legal practice to comply with the provisions of this Act or any legal profession rule relating to the guarantee fund.
348—Application of Part to multi-disciplinary partnerships
	(1)	The regulations may provide that specified provisions of this Part, and any other provision of this Act or any legal profession rule relating to the guarantee fund, do not apply to multi-disciplinary partnerships or apply to them with specified modifications.
	(2)	Nothing in this section affects any obligation of an Australian legal practitioner who is a partner or employee of a multi-disciplinary partnership to comply with the provisions of this Act or any legal profession rule relating to the guarantee fund.
349—Application of Part to sole practitioners whose practising certificates lapse
	(1)	This section applies if an Australian lawyer is not an Australian legal practitioner because the practising certificate issued to the lawyer has lapsed and the lawyer was a sole practitioner immediately before the certificate lapsed, but does not apply where—
	(a)	the certificate has been suspended or cancelled under this Act or a corresponding law; or
	(b)	the lawyer's application for the grant or renewal of an Australian practising certificate has been refused under this Act or a corresponding law and the lawyer would be an Australian legal practitioner had the application been granted or renewed.
	(2)	For the purposes of other provisions of this Part, the practising certificate is taken not to have lapsed, and accordingly the lawyer is taken to continue to be an Australian legal practitioner.
	(3)	Subsection (2) ceases to apply—
	(a)	if a manager or receiver is appointed under this Act for the law practice; or
	(b)	when the period of 6 months after the practising certificate actually lapsed expires; or
	(c)	if the lawyer's application for the grant or renewal of an Australian practising certificate is refused under this Act or a corresponding law,
whichever first occurs.

Chapter 4—Complaints and discipline
Part 1—Introduction and application
Division 1—Preliminary
350—Application of Chapter to lawyers, former lawyers and former practitioners
	(1)	This Chapter applies to Australian lawyers and former Australian lawyers in relation to conduct occurring while they were Australian lawyers, but not Australian legal practitioners, in the same way as it applies to Australian legal practitioners and former Australian legal practitioners, and so applies with any necessary modifications.
	(2)	This Chapter applies to former Australian legal practitioners in relation to conduct occurring while they were Australian legal practitioners in the same way as it applies to persons who are Australian legal practitioners, and so applies with any necessary modifications.
Note—
See section 132 in relation to the application of this Chapter to Australian-registered foreign lawyers.

Division 2—Key concepts
351—Unsatisfactory professional conduct
For the purposes of this Act—
unsatisfactory professional conduct includes conduct of an Australian legal practitioner occurring in connection with the practice of law that falls short of the standard of competence and diligence that a member of the public is entitled to expect of a reasonably competent Australian legal practitioner.
352—Professional misconduct
	(1)	For the purposes of this Act—
professional misconduct includes—
	(a)	unsatisfactory professional conduct of an Australian legal practitioner, where the conduct involves a substantial or consistent failure to reach or maintain a reasonable standard of competence and diligence; and
	(b)	conduct of an Australian legal practitioner whether occurring in connection with the practice of law or occurring otherwise than in connection with the practice of law that would, if established, justify a finding that the practitioner is not a fit and proper person to engage in legal practice.
	(2)	For the purposes of finding that an Australian legal practitioner is not a fit and proper person to engage in legal practice as mentioned in subsection (1), regard may be had to the suitability matters that would be considered if the practitioner were an applicant for admission to the legal profession under this Act or for the grant or renewal of a local practising certificate and any other relevant matters.
353—Conduct capable of constituting unsatisfactory professional conduct or professional misconduct
Without limiting section 351 or 352, the following conduct is capable of constituting unsatisfactory professional conduct or professional misconduct:
	(a)	conduct consisting of a contravention of this Act, the regulations or the legal profession rules;
	(b)	charging of excessive legal costs in connection with the practice of law;
	(c)	conduct in respect of which there is a conviction for—
	(i)	a serious offence; or
	(ii)	a tax offence; or
	(iii)	an offence involving dishonesty;
	(d)	conduct of an Australian legal practitioner as or in becoming an insolvent under administration;
	(e)	conduct of an Australian legal practitioner in becoming disqualified from managing or being involved in the management of any corporation under the Corporations Act 2001 of the Commonwealth;
	(f)	conduct of an Australian legal practitioner in failing to comply with an order of the Tribunal made under this Act or an order of a corresponding disciplinary body made under a corresponding law (including but not limited to a failure to pay wholly or partly a fine imposed under this Act or a corresponding law);
	(g)	conduct of an Australian legal practitioner in failing to comply with a compensation order made under this Act or a corresponding law.

Division 3—Application of Chapter
354—Practitioners to whom this Chapter applies
This Chapter applies to an Australian legal practitioner in respect of conduct to which this Chapter applies, and so applies—
	(a)	whether or not the practitioner is a local lawyer; and
	(b)	whether or not the practitioner holds a local practising certificate; and
	(c)	whether or not the practitioner holds an interstate practising certificate; and
	(d)	whether or not the practitioner resides or has an office in this jurisdiction; and
	(e)	whether or not the person making a complaint about the conduct resides, works or has an office in this jurisdiction.
355—Conduct to which this Chapter applies—generally
	(1)	Subject to subsection (3), this Chapter applies to conduct of an Australian legal practitioner occurring in this jurisdiction.
	(2)	This Chapter also applies to conduct of an Australian legal practitioner occurring outside this jurisdiction, but only—
	(a)	if it is part of a course of conduct that has occurred partly in this jurisdiction and partly in one or more other jurisdictions, and either—
	(i)	the corresponding authority of each other jurisdiction in which the conduct has occurred consents to its being dealt with under this Act; or
	(ii)	the complainant and the practitioner consent to its being dealt with under this Act; or
	(b)	if it occurs in Australia but wholly outside this jurisdiction and the practitioner is a local lawyer or a local legal practitioner, and either—
	(i)	the corresponding authority of each jurisdiction in which the conduct has occurred consents to its being dealt with under this Act; or
	(ii)	the complainant and the practitioner consent to its being dealt with under this Act; or
	(c)	if—
	(i)	it occurs wholly or partly outside Australia; and
	(ii)	the practitioner is a local lawyer or a local legal practitioner.
	(3)	This Chapter does not apply to conduct of an Australian legal practitioner occurring in this jurisdiction if the conduct is capable of being dealt with under a corresponding law and—
	(a)	the Board consents to its being dealt with under the corresponding law; or
	(b)	the complainant and the Australian legal practitioner consent to its being dealt with under the corresponding law.
	(4)	The Board may give consent for the purposes of subsection (3)(a), and may do so conditionally or unconditionally.
356—Conduct to which this Chapter applies—insolvency, serious offences and tax offences
	(1)	This Chapter applies to the following conduct of a local legal practitioner whether occurring in Australia or elsewhere:
	(a)	conduct of the practitioner in respect of which there is a conviction for—
	(i)	a serious offence; or
	(ii)	a tax offence; or
	(iii)	an offence involving dishonesty;
	(b)	conduct of the practitioner as or in becoming an insolvent under administration;
	(c)	conduct of the practitioner in becoming disqualified from managing or being involved in the management of any corporation under the Corporations Act 2001 of the Commonwealth.
	(2)	This section has effect despite anything in section 355.

Part 2—Complaints and discipline
Division 1—Investigations by Legal Practitioners Conduct Board
Subdivision 1—Investigation of unsatisfactory professional conduct and professional misconduct
357—Investigations by Board
	(1)	The Board may, on its own initiative, make an investigation into the conduct of an Australian legal practitioner who the Board has reasonable cause to suspect has been guilty of unsatisfactory professional conduct or professional misconduct.
	(2)	The Board must make an investigation into the conduct of an Australian legal practitioner if—
	(a)	the Board has been directed to make the inquiry by the Attorney-General or the Society; or
	(b)	a complaint has been received in relation to the conduct of the Australian legal practitioner.
	(3)	Despite subsection (2), the Board may determine not to commence or continue an investigation that would otherwise be required as a result of receipt of a complaint if it is apparent to the Board that the complaint is frivolous or vexatious or if the Board is satisfied that the subject matter of the complaint has been resolved prior to commencement or completion of an investigation.
	(4)	No direction may be given to the Board under this section unless the Attorney-General or the Society (as the case may require) has reasonable cause to suspect that the Australian legal practitioner to whom the proposed investigation relates has been guilty of unsatisfactory professional conduct or professional misconduct.
	(5)	The Board may, by notice in writing, require an Australian legal practitioner whose conduct is under investigation to make a detailed report to the Board, within the time specified in the notice, in relation to any matters relevant to the investigation.
	(6)	An Australian legal practitioner must comply with a requirement under subsection (5).
Maximum penalty: $50 000 or imprisonment for 1 year.
Subdivision 2—Action following investigation
358—Report on professional misconduct
	(1)	If, in the course or in consequence of an investigation under this Division, the Board is satisfied that there is evidence of professional misconduct by an Australian legal practitioner, the Board must make a report on the matter to the Attorney-General and the Society.
	(2)	The Board must, in addition, report suspected professional misconduct that would constitute an offence to all relevant law enforcement and prosecution authorities.
	(3)	The Board must, at the request of a law enforcement or prosecution authority, furnish the law enforcement or prosecution authority with material in its possession relevant to the investigation or prosecution of the suspected offence.
359—Board to notify persons of suspected loss
If, in the course or in consequence of an investigation under this Division, the Board has reason to believe that a person has suffered loss as a result of professional misconduct or unsatisfactory professional conduct by an Australian legal practitioner, the Board may notify the person.
360—Powers of Board to deal with certain unsatisfactory professional conduct or professional misconduct
	(1)	If, after conducting an investigation into conduct by an Australian legal practitioner under this Division, the Board is satisfied that—
	(a)	there is evidence of unsatisfactory professional conduct or professional misconduct by the practitioner; but
	(b)	the conduct in question can be adequately dealt with under this subsection,
the Board may, if the practitioner consents to such a course of action, determine not to lay a complaint before the Tribunal and may instead exercise any 1 or more of the following powers:
	(c)	it may reprimand the practitioner;
	(d)	it may make an order imposing specified conditions on the practitioner's local practising certificate or recommending that specified conditions be imposed on the practitioner's interstate practising certificate—
	(i)	relating to the manner or circumstances in which the practitioner engages in legal practice; or
	(ii)	requiring that the practitioner, within a specified time, complete further education or training, or receive counselling, of a type specified by the Board;
	(e)	it may make an order requiring that the practitioner make a specified payment (whether to a client of the practitioner or to any other person) or do or refrain from doing a specified act in connection with engaging in legal practice.
	(2)	The Board may, in determining whether to exercise a power under this section in relation to an Australian legal practitioner, take into account—
	(a)	any previous action relating to the practitioner under this section or under section 77AB of the repealed Act; or
	(b)	any finding relating to the practitioner by the Tribunal, the Supreme Court or a corresponding disciplinary body or other corresponding authority of—
	(i)	professional misconduct or unsatisfactory professional conduct; or
	(ii)	unprofessional conduct or unsatisfactory conduct (within the meaning of the repealed Act).
	(3)	An order under this section must be reduced to writing and be signed—
	(a)	by the Australian legal practitioner to whom it relates; and
	(b)	on behalf of the Board.
	(4)	A condition imposed on a local practising certificate by an order under this section may be varied or revoked at any time on application by the Australian legal practitioner to the Tribunal.
	(5)	An apparently genuine document purporting to be a copy of an order under this section and providing for the payment of a monetary sum by an Australian legal practitioner, will be accepted in legal proceedings, in the absence of proof to the contrary, as proof of such a debt.
	(6)	A contravention of an order under this section is professional misconduct.
Subdivision 3—Complaints of overcharging
361—Investigation of allegation of overcharging
	(1)	Subject to subsection (2), if a complaint of overcharging is made against a law practice, the Board must, unless the Board is of the opinion that the complaint is frivolous or vexatious, investigate the complaint.
	(2)	The Board—
	(a)	may require a complainant to pay a reasonable fee, fixed by the Board, for investigation of the complaint and may decline to proceed with the investigation unless the fee is paid; and
	(b)	is not required to investigate a complaint made more than 1 year following receipt by the complainant of the final bill for the matter in respect of which the overcharging is alleged to have occurred.
	(3)	For the purposes of an investigation the Board may, by notice in writing—
	(a)	require the law practice to make a detailed report to the Board, within the time specified in the notice, on the work carried out for the complainant; and
	(b)	require the law practice to produce to the Board, within the time specified in the notice, documents relating to the work.
	(4)	A law practice must comply with a requirement under subsection (3).
Maximum penalty: $50 000.
	(5)	At the conclusion of the investigation the Board—
	(a)	must report to the complainant and the law practice on the results of the investigation; and
	(b)	may recommend that the law practice reduce a charge or refund an amount to the complainant.
Subdivision 4—Conciliation
362—Board may conciliate complaints
	(1)	The Board may, at any time, arrange for a conciliation to be conducted in relation to a matter the subject of a complaint received by the Board.
	(2)	Nothing said or done in the course of a conciliation under this section or section 77B of the repealed Act can subsequently be given in evidence in any proceedings (other than proceedings for a criminal offence).
	(3)	A person who has been involved in a conciliation under this section is disqualified from investigating or further investigating conduct to which the complaint relates and from otherwise dealing with the complaint.
	(4)	If agreement is reached through a conciliation under this section—
	(a)	the agreement must be recorded in writing and signed by the parties to the agreement and on behalf of the Board by a person authorised by the Board for the purpose; and
	(b)	a copy of the agreement must be given to each of the parties.
	(5)	An apparently genuine document purporting to be an agreement signed in accordance with this section and providing for the payment of a monetary sum by a party to the agreement, will be accepted in legal proceedings, in the absence of proof to the contrary, as proof of such a debt.
	(6)	If an Australian legal practitioner contravenes the terms of an agreement reached following conciliation under this section, the contravention is professional misconduct.
	(7)	The fact that a conciliation is conducted or an agreement is reached in relation to a matter the subject of a complaint received by the Board does not prevent investigation or further investigation or the laying of a complaint before the Tribunal in relation to conduct to which the complaint relates.

Division 2—Proceedings before Legal Practitioners Disciplinary Tribunal
363—Inquiries
	(1)	A complaint may be laid under this section alleging professional misconduct or unsatisfactory professional conduct on the part of an Australian legal practitioner.
	(2)	A complaint may be laid under this section by—
	(a)	the Attorney-General; or
	(b)	the Board; or
	(c)	the Society; or
	(d)	a person claiming to be aggrieved by reason of the alleged professional misconduct or unsatisfactory professional conduct.
	(3)	A complaint relating to conduct by an Australian legal practitioner must be laid before the Tribunal within 5 years of the conduct unless the complaint is laid by, or with the written consent of, the Attorney-General.
	(4)	In any proceedings, an apparently genuine document purporting to be the written consent of the Attorney-General given under subsection (3) will be accepted, in the absence of proof to the contrary, as proof of such consent.
	(5)	A complaint may be laid before the Tribunal despite the fact that criminal proceedings have been or are to be commenced in relation to a matter to which the complaint relates.
	(6)	A complaint laid under this section must be in the form prescribed by the rules of the Tribunal.
	(7)	If a complaint has been laid under this section, the Tribunal must, subject to subsection (8), inquire into each allegation particularised in the complaint.
	(8)	The Tribunal may summarily dismiss any complaint that it considers frivolous or vexatious.
	(9)	After completing an inquiry under this section, the Tribunal must transmit the evidence taken by the Tribunal on the inquiry together with a memorandum of its findings to the Attorney-General, the Society and the Board.
364—Joinder
The Tribunal may, subject to its rules and the rules of procedural fairness, order the joinder of more than 1 complaint against the same or different Australian legal practitioners.
365—Variation of complaint
	(1)	The Tribunal may, on the application of the complainant or on its own motion, vary a complaint laid so as to omit allegations or to include additional allegations, if satisfied that it is reasonable to do so having regard to all the circumstances.
	(2)	Without limiting subsection (1), when considering whether or not it is reasonable to vary a complaint, the Tribunal is to have regard to whether varying the complaint will affect the fairness of the proceedings.
	(3)	The inclusion of an additional allegation is not precluded on any or all of the following grounds:
	(a)	the additional allegation has not been the subject of a complaint to the Board;
	(b)	the additional allegation has not been the subject of an investigation;
	(c)	the alleged conduct occurred more than 5 years ago.
366—Rules of evidence
The Tribunal is bound by the rules of evidence in conducting a hearing under this Division.
367—Power to disregard procedural lapses
	(1)	The Tribunal may order that a failure of a party to a hearing to observe a procedural requirement in relation to a complaint is to be disregarded, if satisfied that the parties have not been prejudiced by the failure.
	(2)	This section applies to a failure occurring before proceedings were instituted in the Tribunal in relation to the complaint as well as to a failure occurring afterwards.
368—Determinations of Tribunal
	(1)	Orders generally
If, after it has completed a hearing under this Division in relation to a complaint against an Australian legal practitioner, the Tribunal is satisfied that the practitioner is guilty of unsatisfactory professional conduct or professional misconduct, the Tribunal may make such orders as it thinks fit, including any 1 or more of the orders specified in this section.
	(2)	Orders requiring official implementation in this jurisdiction
The Tribunal may make the following orders under this subsection:
	(a)	an order that the practitioner’s local practising certificate be suspended for a specified period (not exceeding 6 months);
	(b)	an order that a local practising certificate not be granted to the practitioner before the end of a specified period;
	(c)	an order that—
	(i)	specified conditions be imposed on the practitioner’s practising certificate granted or to be granted under this Act; and
	(ii)	the conditions be imposed for a specified period; and
	(iii)	specifies the time (if any) after which the practitioner may apply to the Tribunal for the conditions to be amended or removed;
	(d)	an order reprimanding the practitioner;
	(e)	an order with respect to the examination of the Australian legal practitioner's files and records by a person approved by the Tribunal (at the expense of the practitioner) at the intervals, and for the period, specified in the order;
	(f)	an order recommending that disciplinary proceedings be commenced against the practitioner in the Supreme Court.
	(3)	Orders requiring official implementation in another jurisdiction
The Tribunal may make the following orders under this subsection:
	(a)	an order recommending that the name of the practitioner be removed from an interstate roll;
	(b)	an order recommending that the practitioner’s interstate practising certificate be suspended for a specified period or cancelled;
	(c)	an order recommending that an interstate practising certificate not be granted to the practitioner before the end of a specified period;
	(d)	an order recommending—
	(i)	that specified conditions be imposed on the practitioner’s interstate practising certificate; and
	(ii)	that the conditions be imposed for a specified period; and
	(iii)	a specified time (if any) after which the practitioner may apply to the Tribunal for the conditions to be amended or removed.
	(4)	Orders requiring compliance by practitioner
The Tribunal may make the following orders under this subsection:
	(a)	an order that the practitioner pay a fine of a specified amount, not exceeding $50 000;
	(b)	an order that the practitioner undertake and complete a specified course of further legal education;
	(c)	an order that the practitioner undertake a specified period of practice under specified supervision;
	(d)	an order that the practitioner do or refrain from doing something in connection with the practice of law;
	(e)	an order that the practitioner cease to accept instructions as a public notary in relation to notarial services;
	(f)	an order that the practitioner’s practice be managed for a specified period in a specified way or subject to specified conditions;
	(g)	an order that the practitioner’s practice be subject to periodic inspection by a specified person for a specified period;
	(h)	an order that the practitioner seek advice in relation to the management of the practitioner’s practice from a specified person;
	(i)	an order that the practitioner not apply for a local practising certificate before the end of a specified period.
	(5)	Ancillary or other orders
The Tribunal may make ancillary or other orders, including an order for payment by the practitioner of expenses associated with orders under subsection (4), as assessed or reviewed in or in accordance with the order or as agreed.
	(6)	Orders that may be made if practitioner guilty of unsatisfactory professional conduct
If an Australian legal practitioner is found guilty only of unsatisfactory professional conduct, the Tribunal may not impose a fine or suspension on the practitioner or recommend that disciplinary proceedings be commenced against the practitioner in the Supreme Court.
	(7)	Alternative finding
The Tribunal may find a person guilty of unsatisfactory professional conduct even though the complaint alleged professional misconduct.
	(8)	Condition may be varied or revoked on application
A condition imposed on a local practising certificate pursuant to an order under this section may be varied or revoked at any time on application by the Australian legal practitioner.
369—Interlocutory and interim orders
	(1)	The Tribunal may make interlocutory or interim orders as it thinks fit before making its final decision about a complaint against an Australian legal practitioner.
	(2)	Without limiting subsection (1), orders of the kinds referred to in section 368 may be made as interlocutory or interim orders.
370—Compliance with determinations and orders
	(1)	Persons and bodies having relevant powers or functions under this Act must—
	(a)	give effect to the following orders:
	(i)	an order of the Tribunal made under section 368(2);
	(ii)	any interlocutory or interim order of the Tribunal made under section 369 so far as it is an order of the kind referred to in section 368(2) or otherwise needs to be, or is capable of being, given effect to in this jurisdiction; and
	(b)	enforce the following orders (to the extent that they relate to the practitioner's engaging in legal practice in this jurisdiction):
	(i)	an order of the Tribunal made under section 368(4);
	(ii)	any interlocutory or interim order of the Tribunal made under section 369 so far as it is an order of the kind referred to in section 368(4) or otherwise needs to be, or is capable of being, enforced in this jurisdiction.
Note—
Section 396 contains provisions relating to compliance in this jurisdiction with orders made under corresponding laws.
	(2)	The Tribunal must ensure that persons or bodies having relevant powers or functions under a corresponding law of another jurisdiction are notified of the making and contents of—
	(a)	the following orders:
	(i)	an order of the Tribunal made under section 368(3) in relation to that corresponding law;
	(ii)	any interlocutory or interim order of the Tribunal made under section 369 so far as it is an order of the kind referred to in section 368(3) or otherwise needs to be, or is capable of being, given effect to in the other jurisdiction; and
	(b)	the following orders (to the extent that they relate to the practitioner's practice of law in the other jurisdiction):
	(i)	an order of the Tribunal made under section 368(4);
	(ii)	any interlocutory or interim order of the Tribunal made under section 369 so far as it is an order of the kind referred to in section 368(4) or otherwise needs to be, or is capable of being, enforced in this jurisdiction.
371—Notice of inquiry
	(1)	The Tribunal must give to an Australian legal practitioner whose conduct is subject to inquiry under this Chapter, and to any person on whose application an inquiry is to be held, not less than 14 days written notice of the time and place at which it intends to conduct the inquiry, and must afford any such person a reasonable opportunity to call and give evidence, to examine or cross-examine witnesses, and to make submissions to the Tribunal.
	(2)	If a person to whom notice has been given pursuant to subsection (1) does not attend at the time and place fixed by the notice, the Tribunal may proceed with the inquiry in the person's absence.
	(3)	A person whose conduct is subject to an inquiry under this Chapter is entitled to be represented at the inquiry by counsel.
372—Powers of Tribunal
	(1)	For the purposes of an inquiry under this Chapter, the Tribunal may—
	(a)	by summons signed on behalf of the Tribunal by a member of the Tribunal, require the attendance before the Tribunal of any person (including a party to the proceedings) whom the Tribunal thinks fit to call before it; or
	(b)	by summons signed on behalf of the Tribunal by a member of the Tribunal, require the production of documents; or
	(c)	inspect any documents produced before it, and retain them for such reasonable period as it thinks fit, and make copies of any of them, or of any of their contents; or
	(d)	require any person to make an oath or affirmation to truly answer all questions put by the Tribunal, or by any person appearing before the Tribunal, relevant to any matter being inquired into by the Tribunal (which oath or affirmation may be administered by any member of the Tribunal); or
	(e)	require any person appearing before the Tribunal (whether summoned to appear or not) to answer any relevant question put by any member of the Tribunal, or by any other person appearing before the Tribunal; or
	(f)	require any person appearing before the Tribunal (whether summoned to appear or not) to prepare a document (including a bill of costs in a form suitable for adjudication) as reasonably directed by the Tribunal, or to comply with any other reasonable direction issued by the Tribunal in furtherance of the inquiry.
	(2)	A summons may be issued under subsection (1) on the application of a party to proceedings before the Tribunal, despite the fact that the Tribunal has not met to authorise the issue of the summons.
	(3)	If a person—
	(a)	who has been served with a summons to attend before the Tribunal, neglects or fails without reasonable excuse to attend in obedience to the summons; or
	(b)	who has been served with a summons to produce any documents neglects or fails without reasonable excuse to comply with the summons; or
	(c)	misbehaves before the Tribunal, wilfully insults the Tribunal or any member of the Tribunal, or interrupts the proceedings of the Tribunal; or
	(d)	refuses to be sworn or to affirm or to answer any relevant question when required to do so by the Tribunal; or
	(e)	neglects or fails without reasonable excuse to comply with any other reasonable requirement of the Tribunal,
the person is guilty of an offence.
Maximum penalty: $50 000.
	(4)	If a person summoned as mentioned in subsection (1) refuses or fails to attend before the Tribunal as required by the summons, or having attended refuses to be sworn or to affirm, or to answer any relevant question when required to do so by the Tribunal, a certificate of the refusal or failure, signed by a member of the Tribunal, may be filed in the Supreme Court.
	(5)	If a certificate has been filed under subsection (4), a party requiring the attendance of the person may apply to the Supreme Court for an order directing that person to attend, or to be sworn or to affirm, or to answer questions (as the case may require), and on that application the Court may make such orders as it thinks fit (including orders for costs).
	(6)	The Court may require that notice be given of an application under subsection (5) to the person against whom the order is sought or any other person (but an order may be made, if the Court thinks fit, although no notice has been given of the application).
	(7)	In the course of an inquiry, the Tribunal may—
	(a)	receive in evidence a transcript of evidence taken in proceedings before a court, tribunal or other body constituted under the law of South Australia, another jurisdiction, the Commonwealth or another country (and any exhibits referred to in such a transcript) and draw any conclusions of fact from the evidence that it considers proper; and
	(b)	adopt, as in its discretion it considers proper, any findings, decision, judgment, or reasons for judgment, of any such court that may be relevant to the proceedings.
373—Proceedings to be generally in public
	(1)	Subject to subsection (2), an inquiry under this Chapter must be held in public.
	(2)	The Tribunal may order that an inquiry or part of an inquiry be conducted in private if satisfied that it is necessary to do so in the interests of justice or in order to protect the privacy of clients of the Australian legal practitioner whose conduct is the subject of the inquiry.
	(3)	If proceedings of the inquiry are held in private, the Tribunal must prepare a summary of the proceedings containing such information as may be disclosed consistently with the interests of justice and the need to protect the privacy of clients.
	(4)	A copy of any such summary must be made available on request at the Tribunal's public office for inspection by any interested member of the public.
374—Tribunal's proceedings to be privileged
Anything said or done in the course of the Tribunal's proceedings is protected by absolute privilege.
375—Costs
	(1)	The Tribunal may make such orders as to costs against a person on whose application an inquiry has been held, or against an Australian legal practitioner whose conduct has been subject to inquiry, as the Tribunal considers just and reasonable.
	(2)	Costs of proceedings before the Tribunal may be adjudicated in the Supreme Court.
	(3)	If the Tribunal has ordered payment of a fine or costs, a certificate of the fine or costs must be filed in the Supreme Court.
	(4)	If a certificate has been filed under subsection (3), proceedings may be taken for the recovery of the fine or costs as if the certificate were a judgment of the Supreme Court.
376—Appeal
	(1)	Subject to subsection (2), a right of appeal to the Supreme Court lies against a decision of the Tribunal made in the exercise or purported exercise of powers or functions under this Act.
	(2)	An appeal must be instituted within 1 month of the date on which the appellant is notified of the decision unless the Supreme Court is satisfied that there is good reason to dispense with the requirement that the appeal should be so instituted.
	(3)	The Supreme Court may, on the hearing of an appeal, exercise any 1 or more of the following powers, as the case requires:
	(a)	affirm, vary, quash or reverse the decision subject to the appeal and administer any reprimand, or make any order, that should have been administered or made in the first instance;
	(b)	remit the subject matter of the appeal to the Tribunal for further hearing or consideration or for rehearing;
	(c)	make any further or other order as to costs or any other matter that the case requires.
377—Operation of order may be suspended
	(1)	If an order has been made by the Tribunal, and the Tribunal or the Supreme Court is satisfied that an appeal against the order has been instituted, or is intended, it may suspend the operation of the order, until the determination of the appeal.
	(2)	If the Tribunal has suspended the operation of an order under subsection (1), the Tribunal may terminate the suspension, and where the Supreme Court has done so, the Supreme Court may terminate the suspension.
378—Other remedies not affected
This Division does not affect any other remedy available to a person claiming to be aggrieved by reason of the alleged professional misconduct or unsatisfactory professional conduct of an Australian legal practitioner.

Division 3—Disciplinary proceedings before the Supreme Court
379—Proceedings before Supreme Court
	(1)	If the Tribunal, after conducting an inquiry into the conduct of an Australian legal practitioner, recommends that disciplinary proceedings be commenced against the practitioner in the Supreme Court, the Board, the Attorney-General or the Society may institute disciplinary proceedings in the Supreme Court against the practitioner.
	(2)	In disciplinary proceedings against an Australian legal practitioner (whether instituted under this section or not), the Supreme Court may exercise any 1 or more of the following powers:
	(a)	it may make an order that could have been made by the Tribunal in relation to the practitioner;
	(b)	it may order that the practitioner's local practising certificate be suspended until the end of the period specified in the order or until further order;
	(c)	it may make an order recommending that the practitioner's interstate practising certificate be suspended until the end of the period specified in the order or until further order;
	(d)	it may order that the practitioner's name be struck off the local roll;
	(e)	it may make an order recommending that the practitioner's name be struck off an interstate roll;
	(f)	it may make any other order (including an order as to the costs of proceedings before the Court and the Tribunal) that it considers just.
	(3)	In any disciplinary proceedings, the Supreme Court may refer any matter to a Judge or Master, or to the Tribunal, for investigation and report.
	(4)	In any disciplinary proceedings—
	(a)	the Supreme Court may, without further inquiry, accept and act on any findings of the Tribunal or of a Judge or Master to whom a matter has been referred for investigation and report under subsection (3); and
	(b)	the Supreme Court may—
	(i)	receive in evidence a transcript of evidence taken in proceedings before a court, tribunal or other body constituted under the law of South Australia, another jurisdiction, the Commonwealth or another country (and any exhibits referred to in such a transcript) and draw any conclusions of fact from the evidence that it considers proper; and
	(ii)	adopt, as in its discretion it considers proper, any findings, decision, judgment or reasons for judgment of any such court that may be relevant to the proceedings.
	(5)	If the Supreme Court is satisfied, on the application of the Board, the Attorney-General or the Society, that an Australian legal practitioner is disqualified or suspended from practice under the law of any other State, it may, without further inquiry, impose a corresponding disqualification or suspension under the provisions of this section.
380—Court may order interim suspension of Australian legal practitioner or impose interim conditions
If—
	(a)	disciplinary proceedings have been instituted against an Australian legal practitioner before the Tribunal or the Supreme Court or an Australian legal practitioner has been charged with or convicted of a criminal offence; and
	(b)	the Supreme Court is satisfied that the circumstances are such as to justify invoking the provisions of this section,
the Supreme Court may, on its own initiative or on the application of the Board, the Attorney-General or the Society—
	(c)	in the case of a local legal practitioner—make an interim order—
	(i)	imposing specified conditions on the practitioner's local practising certificate relating to the practitioner's legal practice; or
	(ii)	suspending the practitioner's local practising certificate; or
	(d)	in the case of an interstate legal practitioner—make an order recommending—
	(i)	that specified conditions be imposed on the practitioner's interstate practising certificate relating to the practitioner's legal practice; or
	(ii)	that the practitioner's interstate practising certificate be suspended,
until disciplinary proceedings against the practitioner have been finalised or until further order.
381—Jurisdiction of Supreme Court
The inherent jurisdiction and powers of the Supreme Court with respect to the control and discipline of local lawyers are not affected by anything in this Chapter, and extend to—
	(a)	local legal practitioners; and
	(b)	interstate legal practitioners engaged in legal practice in this jurisdiction.

Division 4—Provisions relating to interstate legal practice
382—Conduct not to be the subject of separate proceedings
If conduct by an Australian legal practitioner has been the subject of disciplinary proceedings in another State that have been finally determined, no proceedings are to be commenced or continued under this Chapter in relation to that conduct (other than proceedings authorised under section 379(5)).
383—Furnishing information
	(1)	A regulatory authority in this State must furnish without delay any information about a local legal practitioner or interstate legal practitioner reasonably required by a regulatory authority in another jurisdiction in connection with actual or possible disciplinary action against the practitioner.
	(2)	A regulatory authority may provide the information despite any law relating to secrecy or confidentiality.
	(3)	Nothing in this section affects any obligation or power to provide information apart from this section.

Division 5—Publicising disciplinary action
384—Definitions
In this Division—
disciplinary action means—
	(a)	the making of an order by a court or tribunal for or following a finding of professional misconduct by an Australian legal practitioner under this Act or under a corresponding law; or
	(b)	the exercise by the Board or a corresponding authority of a power under section 360(1) or a corresponding law where the Board or corresponding authority is satisfied that there is evidence of professional misconduct by an Australian legal practitioner; or
	(c)	any of the following actions taken under this Act or under a corresponding law, following a finding by a court or tribunal of professional misconduct by an Australian legal practitioner:
	(i)	removal of the name of the practitioner from an Australian roll;
	(ii)	the suspension or cancellation of the Australian practising certificate of the practitioner;
	(iii)	the refusal to grant or renew an Australian practising certificate to the practitioner;
	(iv)	the appointment of—
	(A)	a supervisor of trust money of the practitioner's practice; or
	(B)	a receiver for the practitioner’s practice; or
	(C)	a manager for the practitioner’s practice;
Register means the Register of Disciplinary Action referred to in section 385.
385—Register of Disciplinary Action
	(1)	The Society is to maintain a register (in this Act referred to as the Register of Disciplinary Action) of—
	(a)	disciplinary action taken under this Act against Australian legal practitioners; and
	(b)	disciplinary action taken under a corresponding law against Australian legal practitioners who are or were enrolled or engaging in legal practice in this jurisdiction when the conduct that is the subject of the disciplinary action occurred.
	(2)	The following particulars are to be included when information about disciplinary action is entered into the Register:
	(a)	the full name of the person against whom the disciplinary action was taken;
	(b)	the person’s business address or former business address;
	(c)	the person’s home jurisdiction or most recent home jurisdiction;
	(d)	particulars of the disciplinary action taken;
	(e)	other particulars prescribed by the regulations or determined by the Society.
	(3)	The Register may be kept in a form determined or identified by the Society and may form part of other registers.
	(4)	The Register is to be made available for public inspection on—
	(a)	the internet site of the Society; or
	(b)	an internet site identified on the internet site of the Society.
	(5)	Information recorded in the Register may be provided to members of the public in any other manner approved by the Society.
	(6)	The Society may cause any error in or omission from the Register to be corrected.
	(7)	The requirement to keep the Register applies only in relation to disciplinary action taken after the commencement of this section, but details relating to earlier disciplinary action may be included in the Register.
386—Other means of publicising disciplinary action
	(1)	The Society may publicise disciplinary action taken against an Australian legal practitioner in any manner the Society thinks fit.
	(2)	Nothing in this section affects the provisions of this Division relating to the Register.
387—Quashing of disciplinary action
	(1)	If disciplinary action is quashed on appeal or review, any reference to that disciplinary action must be removed from the Register.
	(2)	If disciplinary action is quashed on appeal or review after the action was publicised by the Society under section 386, the result of the appeal or review must be publicised with equal prominence by the Society.
388—Liability for publicising disciplinary action
	(1)	No liability is incurred by a protected person in respect of anything done or omitted to be done in good faith for the purpose of—
	(a)	publicising disciplinary action taken against an Australian legal practitioner; or
	(b)	publicising the conditions of an authorisation granted under section 18; or
	(c)	exercising the powers or functions of the Society under section 18 or this Division; or
	(d)	keeping, publishing or enabling access to the Register.
	(2)	Without limiting subsection (1), no liability (including liability in defamation) is incurred by a person publishing in good faith—
	(a)	information about disciplinary action—
	(i)	recorded in the Register; or
	(ii)	otherwise publicised by the Society under this Division,
or matter purporting to contain information of that kind where the matter is incorrect in any respect; or
	(b)	information about the conditions of an authorisation granted under section 18 recorded in the Register or published on the Society's internet site as required by that section; or
	(c)	a fair report or summary of information referred to in paragraph (a) or (b).
	(3)	In this section—
protected person means—
	(a)	the State; or
	(b)	the Society; or
	(c)	the Council; or
	(d)	an officer, employee or agent of the Society; or
	(e)	the Board; or
	(f)	a member, employee or agent of the Board; or
	(g)	a person responsible for keeping the whole or any part of the Register; or
	(h)	an internet service provider or internet content host; or
	(i)	a person acting at the direction of the State or of any person or body referred to in this definition.
389—Disciplinary action taken because of infirmity, injury or illness
If a person against whom disciplinary action has been taken satisfies the Tribunal that he or she was, at the time of the professional misconduct to which the disciplinary action relates, suffering from a medical condition that explains and extenuates, at least to some extent, the misconduct, the person may elect to have a statement disclosing the nature of the medical condition included in the Register with the entry relating to the disciplinary action.
390—General
	(1)	The provisions of this Division are subject to any order made by—
	(a)	the Supreme Court or the Tribunal in relation to disciplinary action taken under this Chapter; or
	(b)	a corresponding disciplinary body in relation to disciplinary action taken under provisions of a corresponding law that correspond to this Chapter; or
	(c)	a court or tribunal of this or another jurisdiction,
so far as the order prohibits or restricts the disclosure of information.
	(2)	Despite subsection (1), the name and other identifying particulars of the person against whom the disciplinary action was taken, and the kind of disciplinary action taken, must be recorded in the Register in accordance with the requirements of this Division and may be otherwise publicised under this Division.

Division 6—Inter-jurisdictional provisions
391—Protocols
	(1)	The Board may enter into arrangements (referred to in this Act as protocols) with corresponding authorities for or with respect to investigating and dealing with conduct that appears to have occurred in another jurisdiction or more than 1 jurisdiction.
	(2)	In particular, the protocols may make provision for or with respect to—
	(a)	providing principles to assist in determining where conduct occurs, either generally or in specified classes of cases; and
	(b)	giving and receiving consent for conduct occurring in a jurisdiction to be dealt with under a law of another jurisdiction; and
	(c)	the procedures to be adopted for requesting and conducting the investigation of any aspect of complaints under this Division.
392—Request to another jurisdiction to investigate complaint
	(1)	The Board may request a corresponding authority to arrange for the investigation of any aspect of a complaint being dealt with by the Board and to provide a report on the result of the investigation.
	(2)	A report on the result of the investigation received from—
	(a)	the corresponding authority; or
	(b)	a person or body authorised by the corresponding authority to conduct the investigation,
may be used and taken into consideration by the Board, the Tribunal or the Supreme Court in the course of dealing with the complaint under this Chapter.
393—Requests from another jurisdiction to investigate complaint
	(1)	This section applies in relation to a request received by the Board from a corresponding authority to arrange for the investigation of any aspect of a complaint being dealt with under a corresponding law.
	(2)	The Board may conduct the investigation or authorise another authority to conduct it.
	(3)	The provisions of this Chapter relating to the investigation of a complaint apply, with any necessary adaptations, in relation to the investigation of the relevant aspect of the complaint that is the subject of the request.
	(4)	The Board or other authority must provide a report on the result of the investigation to the corresponding authority.
394—Sharing of information with corresponding authorities
The Board may enter into arrangements with a corresponding authority for providing information to the corresponding authority about—
	(a)	complaints and investigations under this Chapter; and
	(b)	any action taken with respect to any complaints made or investigations conducted under this Chapter, including determinations of the Tribunal under this Chapter.
395—Co-operation with corresponding authorities
	(1)	When dealing with a complaint or conducting an investigation, the Board may consult and co-operate with another person or body (whether in or of Australia or a foreign country) who or which has or may have relevant information or powers in relation to the person against whom the complaint was made or the person under investigation.
	(2)	For the purposes of subsection (1), the Board and the other person or body may exchange information concerning the complaint or investigation.
396—Compliance with recommendations or orders made under corresponding laws
	(1)	Persons and bodies having relevant powers or functions under this Act must—
	(a)	give effect to or enforce any recommendation or order of a corresponding disciplinary body or other corresponding authority made under a corresponding law in relation to powers exercisable under this Act; and
	(b)	give effect to or enforce any recommendation or order of a corresponding disciplinary body or other corresponding authority made under a corresponding law so far as the recommendation or order relates to engaging in legal practice in this jurisdiction by the Australian legal practitioner concerned.
	(2)	If a corresponding disciplinary body makes a recommendation or order that a person’s name be removed from the local roll, the Supreme Court must order the removal of the name from the local roll.
	(3)	If a corresponding disciplinary body makes an order that an Australian legal practitioner pay a fine, a copy of the order may be filed in the Magistrates Court and the order may be enforced as if it were an order of that Court.
	(4)	This section has effect despite any other provision of this Act.
397—Other powers or functions not affected
Nothing in this Division affects any powers or functions that a person or body has apart from this Division.

Division 7—Miscellaneous
398—Protection from liability
	(1)	A matter or thing done or omitted to be done by a protected person does not, if the matter or thing was done or omitted to be done in good faith for the purpose of the administration of this Chapter, subject the protected person to any action, liability, claim or demand.
	(2)	In this section—
protected person means—
	(a)	the Board or any member of the Board; or
	(b)	a committee or subcommittee of the Board or any member of a committee or subcommittee; or
	(c)	any person involved in the conduct of an investigation under this Chapter; or
	(d)	the Tribunal or any member of the Tribunal; or
	(e)	the Registrar of the Tribunal; or
	(f)	any member of the staff of any of the above.
399—Claims of privilege
If, in any investigation or proceedings under this Chapter, a person properly claims privilege in respect of any information—
	(a)	the Board or Tribunal may require the person to disclose the information; and
	(b)	if any information adverse to the interests of that person is then disclosed, no question or answer relating to that information may be used in or in connection with any procedures or proceedings other than—
	(i)	those relating to the complaint concerned; or
	(ii)	those resulting from a report under section 358.
400—Waiver of privilege or duty of confidentiality
	(1)	If a client of an Australian legal practitioner makes a complaint about the practitioner, the complainant is taken to have waived legal professional privilege, or the benefit of any duty of confidentiality, to enable the practitioner to disclose to the appropriate authorities any information necessary for investigating and dealing with the complaint.
	(2)	Without limiting subsection (1), any information so disclosed may be used in or in connection with any procedures or proceedings relating to the complaint.

Chapter 5—External intervention
Part 1—Preliminary
401—Definitions
	(1)	In this Chapter—
external intervener means a supervisor, manager or receiver under this Part;
external intervention means the appointment of, and the exercise of the powers and functions of, a supervisor, manager or receiver under this Part;
regulated property, in relation to a law practice, means the following:
	(a)	trust money or trust property received, receivable or held by the practice;
	(b)	interest, dividends or other income or anything else derived from or acquired with money or property referred to in paragraph (a);
	(c)	documents or records of any description relating to anything referred to in paragraph (a) or (b);
	(d)	any computer hardware or software, or other device, in the custody or control of the practice by which any records referred to in paragraph (c) may be produced or reproduced in visible form.
	(2)	Other expressions used in this Chapter have the same meanings as in Chapter 3 Part 2.
402—Application of Chapter to Australian-registered foreign lawyers
This Chapter applies, with any necessary adaptations, to Australian-registered foreign lawyers and former Australian-registered foreign lawyers in the same way as it applies to law practices.
403—Application of Chapter to other persons
This Chapter applies, with any necessary adaptations, to—
	(a)	a former law practice or former Australian legal practitioner; and
	(b)	the executor (original or by representation) or administrator for the time being of a deceased Australian legal practitioner or of his or her estate; and
	(c)	the administrator, or receiver, or receiver and manager, or official manager, of the property of an incorporated legal practice; and
	(d)	the liquidator of an incorporated legal practice that is being or has been wound up,
in the same way as it applies to law practices.

Part 2—Initiation of external intervention
404—Circumstances warranting external intervention
External intervention may take place in relation to a law practice in any of the following circumstances:
	(a)	where a legal practitioner associate involved in the practice—
	(i)	has died; or
	(ii)	ceases to be an Australian legal practitioner; or
	(iii)	has become an insolvent under administration; or
	(iv)	is in prison;
	(b)	in the case of a firm—where the partnership has been wound up or dissolved;
	(c)	in the case of an incorporated legal practice—where the corporation concerned—
	(i)	ceases to be an incorporated legal practice; or
	(ii)	is being or has been wound up; or
	(iii)	has been deregistered or dissolved;
	(d)	in any case—where the Society forms a belief on reasonable grounds that the practice or an associate of the practice—
	(i)	is not dealing adequately with trust money or trust property or is not properly attending to the affairs of the practice; or
	(ii)	has committed a serious irregularity, or a serious irregularity has occurred, in relation to trust money or trust property or the affairs of the practice; or
	(iii)	has failed properly to account in a timely manner to any person for trust money or trust property received by the practice for or on behalf of that person; or
	(iv)	has failed properly to make a payment of trust money or a transfer of trust property when required to do so by a person entitled to that money or property or entitled to give a direction for payment or transfer; or
	(v)	is in breach of the regulations or legal profession rules with the result that the record-keeping for the practice’s trust account is inadequate; or
	(vi)	has been or is likely to be convicted of an offence relating to trust money or trust property; or
	(vii)	is the subject of a complaint relating to trust money or trust property received by the practice; or
	(viii)	has failed to comply with any requirement of an investigator or external examiner appointed under this Act; or
	(ix)	has ceased to be engaged in legal practice without making provision for properly dealing with trust money or trust property received by the practice or for properly winding up the affairs of the practice; or
	(e)	where any other proper cause exists in relation to the practice.
405—Determination regarding external intervention
	(1)	This section applies when the Society becomes aware that 1 or more of the circumstances referred to in section 404 exist in relation to a law practice and decides that, having regard to the interests of the clients of the practice and to other matters that it considers appropriate, external intervention is warranted.
	(2)	The Society may determine—
	(a)	to appoint a supervisor of trust money of the law practice, if the Society is of the opinion—
	(i)	that external intervention is required because of issues relating to the practice’s trust accounts; and
	(ii)	that it is not appropriate that the provision of legal services by the practice be wound up and terminated because of those issues; or
	(b)	to appoint a manager for the law practice, if the Society is of the opinion—
	(i)	that external intervention is required because of issues relating to the practice's trust records; or
	(ii)	that the appointment is necessary to protect the interests of clients in relation to trust money or trust property; or
	(iii)	that there is a need for an independent person to be appointed to take over professional and operational responsibility for the practice; or
	(c)	to apply to the Supreme Court for the appointment of a receiver for the law practice, if the Society is of the opinion—
	(i)	that the appointment is necessary to protect the interests of clients in relation to trust money or trust property; or
	(ii)	that it may be appropriate that the provision of legal services by the practice be wound up and terminated.
	(3)	The Society may, from time to time, make further determinations in relation to the law practice and for that purpose may revoke a previous determination with effect from a date or event specified by the Society.
	(4)	A further determination may be made under subsection (3) whether or not there has been any change in the circumstances in consequence of which the original determination was made and whether or not any further circumstances have come into existence in relation to the law practice after the original determination was made.
	(5)	An appointment of an external intervener for a law practice may be made in respect of the practice generally or may be limited in any way the Society considers appropriate, including for example to matters connected with a particular legal practitioner associate or to matters connected with a particular office or a particular subject-matter.

Part 3—Supervisors of trust money
406—Appointment of supervisor of trust money
	(1)	This section applies if the Society determines to appoint a supervisor of trust money of a law practice.
	(2)	The Society may, by instrument in writing, appoint a person as supervisor of trust money.
	(3)	The appointee must be either—
	(a)	an Australian legal practitioner who holds an unrestricted practising certificate; or
	(b)	a person holding accounting qualifications with experience in law practices’ trust accounts,
and may (but need not) be an employee of the Society.
	(4)	The instrument of appointment must—
	(a)	identify the practice and the supervisor; and
	(b)	indicate that the external intervention is by way of appointment of a supervisor of trust money; and
	(c)	specify the term of the appointment; and
	(d)	specify any conditions imposed by the Society when the appointment is made; and
	(e)	specify any fees payable by way of remuneration to the supervisor specifically for carrying out his or her duties in relation to the external intervention; and
	(f)	provide for the legal costs and the expenses that may be incurred by the supervisor in relation to the external intervention.
	(5)	The instrument of appointment may specify any reporting requirements to be observed by the supervisor.
407—Notice of appointment
	(1)	As soon as possible after an appointment of a supervisor of trust money of a law practice is made, the Society must serve a notice of the appointment on—
	(a)	the practice; and
	(b)	any other person authorised to operate any trust account of the practice; and
	(c)	any external examiner appointed to examine the practice’s trust records; and
	(d)	the ADI with which any trust account of the practice is maintained; and
	(e)	any person whom the Society reasonably believes should be served with the notice.
	(2)	The notice must—
	(a)	identify the law practice and the supervisor; and
	(b)	indicate that the external intervention is by way of appointment of a supervisor of trust money; and
	(c)	specify the term of the appointment; and
	(d)	specify any reporting requirements to be observed by the supervisor; and
	(e)	specify any conditions imposed by the Society when the appointment is made; and
	(f)	include a statement that the law practice may appeal against the appointment of the supervisor under section 438; and
	(g)	contain or be accompanied by other information or material prescribed by the regulations.
408—Effect of service of notice of appointment
	(1)	After service on an ADI of a notice of the appointment of a supervisor of trust money of a law practice and until the appointment is terminated, the ADI must ensure that no funds are withdrawn or transferred from a trust account of the practice unless—
	(a)	the withdrawal or transfer is made by cheque or other instrument drawn on that account signed by the supervisor or a nominee of the supervisor; or
	(b)	the withdrawal or transfer is made by the supervisor or a nominee of the supervisor by means of electronic or internet banking facilities; or
	(c)	the withdrawal or transfer is made in accordance with an authority to withdraw or transfer funds from the account signed by the supervisor or a nominee of the supervisor.
	(2)	After service on a person (other than the supervisor or an ADI) of a notice of the appointment of a supervisor of trust money of a law practice and until the appointment is terminated, the person must not—
	(a)	deal with any of the practice’s trust money; or
	(b)	sign any cheque or other instrument drawn on a trust account of the practice; or
	(c)	authorise the withdrawal or transfer of funds from a trust account of the practice.
Maximum penalty: $50 000.
	(3)	A supervisor of trust money may, for the purposes of subsection (1)(b), enter into arrangements with an ADI for withdrawing money from a trust account of the law practice concerned by means of electronic or internet banking facilities.
	(4)	Any money that is withdrawn or transferred in contravention of subsection (1) may be recovered from the ADI concerned by the supervisor as a debt in any court of competent jurisdiction, and any amount recovered is to be paid into a trust account of the law practice.
409—Role of supervisor of trust money
	(1)	A supervisor of trust money of a law practice has the powers and duties of the practice in relation to trust money of the practice, including powers—
	(a)	to receive trust money entrusted to the practice; and
	(b)	to open and close trust accounts.
	(2)	For the purpose of exercising or performing his or her powers or duties under subsection (1), the supervisor may exercise any or all of the following powers:
	(a)	to enter and remain on premises used by the law practice for or in connection with its engaging in legal practice;
	(b)	to require the practice or an associate or former associate of the practice or any other person who has or had control of documents relating to trust money received by the practice to give the supervisor either or both of the following:
	(i)	access to the files and documents the supervisor reasonably requires;
	(ii)	information relating to the trust money the supervisor reasonably requires;
	(c)	to operate equipment or facilities on the premises, or to require any person on the premises to operate equipment or facilities on the premises, for a purpose relevant to his or her appointment;
	(d)	to take possession of any relevant material and retain it for as long as may be necessary;
	(e)	to secure any relevant material found on the premises against interference, if the material cannot be conveniently removed;
	(f)	to take possession of any computer equipment or computer program reasonably required for a purpose relevant to his or her appointment.
	(3)	If the supervisor takes anything from the premises, the supervisor must issue a receipt in a form approved by the Society and—
	(a)	if the occupier or a person apparently responsible to the occupier is present at or near the premises, give it to him or her; or
	(b)	otherwise, leave it at the premises in an envelope addressed to the occupier.
	(4)	If the supervisor is refused access to the premises or the premises are unoccupied, the supervisor may use reasonable force to enter the premises and may be accompanied by a police officer to assist entry.
	(5)	This section applies to trust money held by the practice before the supervisor is appointed, as well as to trust money received afterwards.
	(6)	The supervisor does not have a role in the management of the affairs of the law practice except in so far as the affairs relate to a trust account of the practice.
410—Records of and dealing with trust money of law practice under supervision
	(1)	A supervisor of trust money of a law practice must maintain the records of his or her dealings with trust money of the practice—
	(a)	separately from records relating to dealings with trust money before his or her appointment as supervisor; and
	(b)	separately from the affairs of any other law practice for which he or she is supervisor; and
	(c)	in the manner (if any) prescribed by the regulations.
	(2)	Subject to subsection (1), a supervisor of trust money of a law practice must deal with the trust money in the same way as a law practice must deal with trust money.
411—Termination of supervisor's appointment
	(1)	The appointment of a supervisor of trust money of a law practice terminates in the following circumstances:
	(a)	the term of the appointment comes to an end;
	(b)	the appointment is set aside under section 438;
	(c)	the appointment of a manager for the practice takes effect;
	(d)	the appointment of a receiver for the practice takes effect;
	(e)	the supervisor has distributed all trust money received by the practice and wound up all trust accounts;
	(f)	a determination of the Society that the appointment be terminated has taken effect.
	(2)	The Society may determine in writing that the appointment be terminated immediately or with effect from a specified date.
	(3)	The Society must serve a written notice of the termination on all persons originally served with notice of the appointment.

Part 4—Managers
412—Appointment of manager
	(1)	This section applies if the Society determines to appoint a manager for a law practice.
	(2)	The Society may, by instrument in writing, appoint a person as manager.
	(3)	The appointee must be an Australian legal practitioner who holds an unrestricted practising certificate, and may (but need not) be an employee of the Society.
	(4)	The instrument of appointment must—
	(a)	identify the law practice and the manager; and
	(b)	indicate that the external intervention is by way of appointment of a manager; and
	(c)	specify the term of the appointment; and
	(d)	specify any conditions imposed by the Society when the appointment is made; and
	(e)	specify any fees payable by way of remuneration to the manager specifically for carrying out his or her duties in relation to the external intervention; and
	(f)	provide for the legal costs and the expenses that may be incurred by the manager in relation to the external intervention.
	(5)	The instrument of appointment may specify any reporting requirements to be observed by the manager.
413—Notice of appointment
	(1)	As soon as possible after an appointment of a manager for a law practice is made, the Society must serve a notice of the appointment on—
	(a)	the practice; and
	(b)	any other person authorised to operate any trust account of the practice; and
	(c)	any external examiner appointed to examine the practice’s trust records; and
	(d)	the ADI with which any trust account of the practice is maintained; and
	(e)	any person whom the Society reasonably believes should be served with the notice.
	(2)	The notice must—
	(a)	identify the law practice and the manager; and
	(b)	indicate that the external intervention is by way of appointment of a manager; and
	(c)	specify the term of the appointment; and
	(d)	specify any reporting requirements to be observed by the manager; and
	(e)	specify any conditions imposed by the Society when the appointment is made; and
	(f)	include a statement that the law practice may appeal against the appointment of the manager under section 438; and
	(g)	contain or be accompanied by other information or material prescribed by the regulations.
414—Effect of service of notice of appointment
	(1)	After service on a law practice of a notice of the appointment of a manager for the practice and until the appointment is terminated, a legal practitioner associate of the practice who is specified or referred to in the notice must not participate in the affairs of the practice except under the direct supervision of the manager.
Maximum penalty: $50 000.
	(2)	After service on an ADI of a notice of the appointment of a manager for a law practice and until the appointment is terminated, the ADI must ensure that no funds are withdrawn or transferred from a trust account of the practice unless—
	(a)	the withdrawal or transfer is made by cheque or other instrument drawn on that account signed by—
	(i)	the manager; or
	(ii)	a receiver appointed for the practice; or
	(iii)	a nominee of the manager or receiver; or
	(b)	the withdrawal or transfer is made by means of electronic or internet banking facilities by—
	(i)	the manager; or
	(ii)	a receiver appointed for the practice; or
	(iii)	a nominee of the manager or receiver; or
	(c)	the withdrawal or transfer is made in accordance with an authority to withdraw or transfer funds from the account signed by—
	(i)	the manager; or
	(ii)	a receiver appointed for the practice; or
	(iii)	a nominee of the manager or receiver.
	(3)	After service on a person of a notice of the appointment of a manager for a law practice and until the appointment is terminated, the person must not—
	(a)	deal with any of the practice’s trust money; or
	(b)	sign any cheque or other instrument drawn on a trust account of the practice; or
	(c)	authorise the withdrawal or transfer of funds from a trust account of the practice,
but this subsection does not apply to a legal practitioner associate referred to in subsection (1), an ADI or the manager or receiver for the practice.
Maximum penalty: $50 000.
	(4)	A manager may, for the purposes of subsection (2)(b), enter into arrangements with an ADI for withdrawing money from a trust account of the law practice concerned by means of electronic or internet banking facilities.
	(5)	Any money that is withdrawn or transferred in contravention of subsection (2) may be recovered from the ADI concerned by the manager, or a receiver for the law practice, as a debt in any court of competent jurisdiction, and any amount recovered is to be paid into a trust account of the practice or another account nominated by the manager or receiver.
415—Role of manager
	(1)	A manager for a law practice may carry on the practice and may do all things that the practice or a legal practitioner associate of the practice might lawfully have done, including but not limited to the following:
	(a)	transacting any urgent business of the practice;
	(b)	transacting, with the approval of any or all of the existing clients of the practice, any business on their behalf, including—
	(i)	commencing, continuing, defending or settling any proceedings; and
	(ii)	receiving, retaining and disposing of property;
	(c)	accepting instructions from new clients and transacting any business on their behalf, including—
	(i)	commencing, continuing, defending or settling any proceedings; and
	(ii)	receiving, retaining and disposing of regulated property;
	(d)	charging and recovering legal costs, including legal costs for work in progress at the time of the appointment of the manager;
	(e)	entering into, executing or performing any agreement;
	(f)	dealing with trust money in accordance with this Act and the regulations;
	(g)	paying to the Society any amounts that the Society is entitled to recover from the law practice under section 442;
	(h)	winding up the affairs of the practice;
	(i)	performing any other act relating to the practice that the manager may be authorised to perform by the Society.
	(2)	For the purpose of exercising his or her powers under subsection (1), the manager may exercise any or all of the following powers:
	(a)	to enter and remain on premises used by the law practice for or in connection with its engaging in legal practice;
	(b)	to require the practice, an associate or former associate of the practice or any other person who has or had control of client files and associated documents (including documents relating to trust money received by the practice) to give the manager either or both of the following:
	(i)	access to the files and documents the manager reasonably requires;
	(ii)	information relating to client matters the manager reasonably requires;
	(c)	to operate equipment or facilities on the premises, or to require any person on the premises to operate equipment or facilities on the premises, for a purpose relevant to his or her appointment;
	(d)	to take possession of any relevant material and retain it for as long as may be necessary;
	(e)	to secure any relevant material found on the premises against interference, if the material cannot be conveniently removed;
	(f)	to take possession of any computer equipment or computer program reasonably required for a purpose relevant to his or her appointment.
	(3)	If the manager takes anything from the premises, the manager must issue a receipt in a form approved by the Society and—
	(a)	if the occupier or a person apparently responsible to the occupier is present at or near the premises, give it to him or her; or
	(b)	otherwise, leave it at the premises in an envelope addressed to the occupier.
	(4)	If the manager is refused access to the premises or the premises are unoccupied, the manager may use reasonable force to enter the premises and may be accompanied by a police officer to assist entry.
416—Records and accounts of law practice under management and dealings with trust money
	(1)	The manager for a law practice must maintain the records and accounts of the practice that he or she manages—
	(a)	separately from the management of the affairs of the practice before his or her appointment as manager; and
	(b)	separately from the affairs of any other law practice for which he or she is manager; and
	(c)	in the manner (if any) prescribed by the regulations.
	(2)	Subject to subsection (1), the manager for a law practice must deal with trust money of the practice in the same way as a law practice must deal with trust money.
417—Deceased estates
	(1)	It is the duty of the manager for a law practice to co-operate with the legal personal representative of a deceased legal practitioner associate of the practice for the orderly winding up of the estate.
	(2)	The manager is not, in the exercise or performance of powers and duties as manager, a legal personal representative of the deceased legal practitioner associate, but nothing in this subsection prevents the manager from exercising or performing powers or duties as a legal personal representative if otherwise appointed as representative.
	(3)	Subject to subsections (1) and (2) and to the terms of the manager’s appointment, if the manager was appointed before the death of the legal practitioner associate, the manager’s appointment, powers and duties are not affected by the death.
418—Termination of manager's appointment
	(1)	The appointment of a manager for a law practice terminates in the following circumstances:
	(a)	the term of the appointment comes to an end;
	(b)	the appointment is set aside under section 438;
	(c)	the appointment of a receiver for the practice takes effect, where the terms of the appointment indicate that the receiver is authorised to exercise the powers and duties of a manager;
	(d)	the manager has wound up the affairs of the practice;
	(e)	a determination of the Society that the appointment be terminated has taken effect.
	(2)	The Society may determine in writing that the appointment be terminated immediately or with effect from a specified date.
	(3)	If the appointment terminates in the circumstances referred to in subsection (1)(a), (c) or (e), the former manager must, as soon as practicable after the termination, transfer and deliver the regulated property and client files of the law practice to—
	(a)	another external intervener appointed for the practice; or
	(b)	the practice, if another external intervener is not appointed for the practice.
	(4)	The former manager need not transfer regulated property and files to the law practice in compliance with subsection (3) unless the manager’s expenses have been paid to the Society.
	(5)	The Society must serve a written notice of the termination on all persons originally served with notice of the appointment.

Part 5—Receivers
419—Appointment of receiver by Supreme Court
	(1)	This section applies if the Society determines to apply to the Supreme Court for the appointment of a receiver for a law practice.
	(2)	The Supreme Court may, on the application of the Society, appoint a person as receiver for the law practice.
	(3)	The Supreme Court may make the appointment whether or not the law practice or a principal of the practice concerned has been notified of the application and whether or not the practice or principal is a party to the proceedings.
	(4)	Before commencing to hear an application for appointment of a receiver, the Supreme Court must order from the precincts of the Court any person who is not—
	(a)	an officer of the Court; or
	(b)	a party, an officer or employee of a party, a legal representative of a party, or a clerk of a legal representative of a party; or
	(c)	a principal of the law practice concerned; or
	(d)	a person who is about to give, or is in the course of giving, evidence; or
	(e)	a person permitted by the Court to be present in the interests of justice.
	(5)	The appointee must be—
	(a)	an Australian legal practitioner who holds an unrestricted practising certificate; or
	(b)	a person holding accounting qualifications with experience in law practices’ trust accounts,
and may (but need not) be an employee of the Society.
	(6)	The instrument of appointment must—
	(a)	identify the law practice and the receiver; and
	(b)	indicate that the external intervention is by way of appointment of a receiver; and
	(c)	specify any conditions imposed by the Supreme Court when the appointment is made; and
	(d)	specify any fees payable by way of remuneration to the receiver specifically for carrying out his or her duties in relation to the external intervention; and
	(e)	provide for the legal costs and the expenses that may be incurred by the receiver in relation to the external intervention.
	(7)	The instrument of appointment may—
	(a)	specify the term (if any) of the appointment; and
	(b)	specify any reporting requirements to be observed by the receiver.
420—Notice of appointment
	(1)	As soon as possible after an appointment of a receiver for a law practice is made, the Society must serve a notice of the appointment on—
	(a)	the practice; and
	(b)	any person authorised to operate any trust account of the practice; and
	(c)	any external examiner appointed to examine the practice’s trust records; and
	(d)	the ADI with which any trust account of the practice is maintained; and
	(e)	any person who the Supreme Court directs should be served with the notice; and
	(f)	any person who the Society reasonably believes should be served with the notice.
	(2)	The notice must—
	(a)	identify the law practice and the receiver; and
	(b)	indicate that the external intervention is by way of appointment of a receiver; and
	(c)	specify the term (if any) of the appointment; and
	(d)	indicate the extent to which the receiver has the powers of a manager for the practice; and
	(e)	specify any reporting requirements to be observed by the receiver; and
	(f)	specify any conditions imposed by the Supreme Court when the appointment is made; and
	(g)	contain or be accompanied by other information or material (if any) prescribed by the regulations.
421—Effect of service of notice of appointment
	(1)	After service on a law practice of a notice of the appointment of a receiver for the practice and until the appointment is terminated, a legal practitioner associate of the practice who is specified or referred to in the notice must not participate in the affairs of the practice.
Maximum penalty: $50 000.
	(2)	After service on an ADI of a notice of the appointment of a receiver for a law practice and until the appointment is terminated, the ADI must ensure that no funds are withdrawn or transferred from a trust account of the practice unless—
	(a)	the withdrawal or transfer is made by cheque or other instrument drawn on that account signed by—
	(i)	the receiver; or
	(ii)	a manager appointed for the practice; or
	(iii)	a nominee of the receiver or manager; or
	(b)	the withdrawal or transfer is made by means of electronic or internet banking facilities, by—
	(i)	the receiver; or
	(ii)	a manager appointed for the practice; or
	(iii)	a nominee of the receiver or manager; or
	(c)	the withdrawal or transfer is made in accordance with an authority to withdraw or transfer funds from the account signed by—
	(i)	the receiver; or
	(ii)	a manager appointed for the practice; or
	(iii)	a nominee of the receiver or manager.
	(3)	After service on a person of a notice of the appointment of a receiver for a law practice and until the appointment is terminated, the person must not—
	(a)	deal with any of the practice’s trust money; or
	(b)	sign any cheque or other instrument drawn on a trust account of the practice; or
	(c)	authorise the withdrawal or transfer of funds from a trust account of the practice,
but this subsection does not apply to an ADI or the receiver or manager for the practice.
Maximum penalty: $50 000.
	(4)	A receiver may, for the purposes of subsection (2)(b), enter into arrangements with an ADI for withdrawing money from a trust account of the law practice concerned by means of electronic or internet banking facilities.
	(5)	Any money that is withdrawn or transferred in contravention of subsection (2) may be recovered from the ADI concerned by the receiver or a manager for the practice, as a debt in any court of competent jurisdiction, and any amount recovered is to be paid into a trust account of the law practice or another account nominated by the receiver or manager.
422—Role of receiver
	(1)	The role of a receiver for a law practice is—
	(a)	to be the receiver of regulated property of the practice; and
	(b)	to wind up and terminate the affairs of the practice.
	(2)	For the purpose of winding up the affairs of the law practice and in the interests of the practice’s clients, the Supreme Court may, by order, authorise—
	(a)	the receiver to carry on the legal practice engaged in by the law practice, if the receiver is an Australian legal practitioner who holds an unrestricted practising certificate; or
	(b)	an Australian legal practitioner who holds an unrestricted practising certificate, or a law practice whose principals are or include 1 or more Australian legal practitioners who hold unrestricted practising certificates, specified in the instrument to carry on the legal practice on behalf of the receiver.
	(3)	Subject to any directions given by the Supreme Court by instrument in writing, the person authorised to carry on the legal practice engaged in by a law practice has all the powers of a manager under this Part and is taken to have been appointed as manager for the law practice.
	(4)	The Supreme Court may, by instrument in writing, terminate an authorisation to carry on a legal practice granted under this section.
	(5)	For the purposes of exercising his or her powers under this section, the receiver may exercise any or all of the following powers:
	(a)	to enter and remain in premises used by the law practice for or in connection with its engaging in legal practice;
	(b)	to require the practice, an associate or former associate of the practice or any other person who has or had control of client files and associated documents (including documents relating to trust money received by the practice) to give the receiver—
	(i)	access to the files and documents the receiver reasonably requires; and
	(ii)	information relating to client matters the receiver reasonably requires;
	(c)	to operate equipment or facilities on the premises, or to require any person on the premises to operate equipment or facilities on the premises, for a purpose relevant to his or her appointment;
	(d)	to take possession of any relevant material and retain it for as long as may be necessary;
	(e)	to secure any relevant material found on the premises against interference, if the material cannot be conveniently removed;
	(f)	to take possession of any computer equipment or computer program reasonably required for a purpose relevant to his or her appointment.
	(6)	If the receiver takes anything from the premises, the receiver must issue a receipt in a form approved by the Supreme Court and—
	(a)	if the occupier or a person apparently responsible to the occupier is present at or near the premises—give it to him or her; or
	(b)	otherwise—leave it at the premises in an envelope addressed to the occupier.
	(7)	If the receiver is refused access to the premises or the premises are unoccupied, the receiver may use reasonable force to enter the premises and may be accompanied by a police officer to assist entry.
423—Records and accounts of law practice under receivership and dealings with trust money
	(1)	The receiver for a law practice must maintain the records and accounts of the practice that he or she manages—
	(a)	separately from the management of the affairs of the practice before his or her appointment as receiver; and
	(b)	separately from the affairs of any other law practice that the receiver is managing; and
	(c)	in the manner prescribed by the regulations.
	(2)	Subject to subsection (1), the receiver for a law practice must deal with trust money of the practice in the same way as a law practice must deal with trust money.
424—Power of receiver to take possession of regulated property
	(1)	A receiver for a law practice may take possession of regulated property of the practice.
	(2)	A person in possession or having control of regulated property of the law practice must permit the receiver to take possession of the regulated property if required by the receiver to do so.
	(3)	If a person contravenes subsection (2), the Supreme Court may, on application by the receiver, order the person to deliver the regulated property to the receiver.
	(4)	If, on application made by the receiver, the Supreme Court is satisfied that an order made under subsection (3) has not been complied with, the Court may order the seizure of any regulated property of the law practice that is located on the premises specified in the order and make any further orders it thinks fit.
	(5)	An order under subsection (4) operates to authorise—
	(a)	any police officer; or
	(b)	the receiver or a person authorised by the receiver, together with any police officer,
to enter the premises specified in the order and search for, seize and remove anything that appears to be regulated property of the law practice.
	(6)	The receiver must, as soon as possible, return anything seized under this section if it turns out that it is not regulated property of the law practice.
	(7)	This section does not limit the jurisdiction of the Supreme Court to deal with failure to comply with an order as a contempt of court.
425—Power of receiver to take delivery of regulated property
	(1)	If a receiver for a law practice believes on reasonable grounds that another person is under an obligation, or will later be under an obligation, to deliver regulated property to the practice, the receiver may, by notice in writing, require that other person to deliver the property to the receiver.
	(2)	If a person has notice that a receiver has been appointed for a law practice and the person is under an obligation to deliver regulated property to the practice, the person must deliver the property to the receiver.
Maximum penalty: $50 000.
	(3)	A document signed by a receiver acknowledging the receipt of regulated property delivered to the receiver is as valid and effectual as if it had been given by the law practice.
426—Power of receiver to deal with regulated property
	(1)	This section applies if a receiver for a law practice acquires or takes possession of regulated property of the practice.
	(2)	The receiver may deal with the regulated property in any manner in which the law practice might lawfully have dealt with the property.
427—Power of receiver to require documents or information
	(1)	A receiver for a law practice may require—
	(a)	a person who is an associate or former associate of the practice; or
	(b)	a person who has or has had control of documents relating to the affairs of the practice; or
	(c)	a person who has information relating to regulated property of the practice or property that the receiver believes on reasonable grounds to be regulated property of the practice,
to give the receiver either or both of the following:
	(d)	access to the documents relating to the affairs of the practice the receiver reasonably requires;
	(e)	information relating to the affairs of the practice the receiver reasonably requires (verified by statutory declaration if the requirement so states).
	(2)	A person who is subject to a requirement under subsection (1) must comply with the requirement.
Maximum penalty: $50 000.
	(3)	The validity of the requirement is not affected, and a person is not excused from complying with the requirement, on the ground that compliance with the requirement may tend to incriminate the person.
	(4)	If, before complying with the requirement, the person objects to the receiver on the ground that compliance may tend to incriminate the person, the information given or the information in the documents to which access is given is inadmissible in evidence against the person in any proceedings for an offence, other than—
	(a)	an offence against this Act; or
	(b)	any other offence relating to the keeping of trust accounts or the receipt of trust money; or
	(c)	an offence relating to the falsity of the answer; or
	(d)	proceedings taken by the receiver for the recovery of regulated property.
428—Examinations
	(1)	The Supreme Court may, on the application of a receiver for a law practice, make an order directing that an associate or former associate of the practice or any other person appear before the Court for examination on oath or affirmation in relation to the regulated property of the practice.
	(2)	On an examination of a person under this section, the person must answer all questions that the Court allows to be put to the person.
Maximum penalty: $50 000.
	(3)	The person is not excused from answering a question on the ground that the answer might tend to incriminate the person.
	(4)	If, before answering the question, the person objects on the ground that it may tend to incriminate the person, the answer is not admissible in evidence against the person in any proceedings for an offence, other than—
	(a)	an offence against this Act; or
	(b)	an offence relating to the falsity of the answer.
429—Lien for costs on regulated property
	(1)	This section applies if—
	(a)	a receiver has been appointed for a law practice; and
	(b)	the practice or a legal practitioner associate of the practice claims a lien for legal costs on regulated property of the practice.
	(2)	The receiver may serve on the law practice or legal practitioner associate a written notice requiring the practice or associate to give the receiver within a specified period of not less than 1 month—
	(a)	particulars sufficient to identify the regulated property; and
	(b)	a detailed bill of costs.
	(3)	If the law practice or legal practitioner associate requests the receiver in writing to give access to the regulated property that is reasonably necessary to enable the practice or associate to prepare a bill of costs in compliance with subsection (2), the time allowed does not begin to run until the access is provided.
	(4)	If a requirement of a notice under this section is not complied with, the receiver may, in dealing with the regulated property claimed to be subject to the lien, disregard the claim.
430—Regulated property not to be attached
Regulated property of a law practice for which a receiver has been appointed (including regulated property held by the receiver) is not liable to be taken, levied on or attached under any judgment, order or process of any court or any other process.
431—Recovery of regulated property where there has been a breach of trust etc
	(1)	This subsection applies if regulated property of or under the control of a law practice has, before or after the appointment of a receiver for the practice, been taken by, paid to, or transferred to, a person (the transferee) in breach of trust, improperly or unlawfully and the transferee—
	(a)	knew or believed at the time of the taking, payment or transfer that it was done in breach of trust, improperly or unlawfully; or
	(b)	did not provide to the practice or any other person any or any adequate consideration for the taking, payment or transfer; or
	(c)	because of the taking, payment or transfer, became indebted or otherwise liable to the practice or to a client of the practice in the amount of the payment or in another amount.
	(2)	The receiver is entitled to recover from the transferee—
	(a)	if subsection (1)(a) applies—the amount of the payment or the value of the regulated property taken or transferred; or
	(b)	if subsection (1)(b) applies—the amount of the inadequacy of the consideration or, if there was no consideration, the amount of the payment or the value of the regulated property taken or transferred; or
	(c)	if subsection (1)(c) applies—the amount of the debt or liability,
and, on the recovery of that amount from the transferee, the transferee ceases to be liable for it to any other person.
	(3)	If any money of or under the control of a law practice has, before or after the appointment of a receiver for the practice, been paid in breach of trust, improperly or unlawfully to a person (the prospective plaintiff) in respect of a cause of action that the prospective plaintiff had, or claimed to have, against a third party—
	(a)	the receiver may prosecute the cause of action against the third party in the name of the prospective plaintiff; or
	(b)	if the prospective plaintiff did not have at the time the payment was made a cause of action against the third party, the receiver may recover the money from the prospective plaintiff.
	(4)	If any regulated property of or under the control of a law practice has, before or after the appointment of a receiver for the practice, been used in breach of trust, improperly or unlawfully so as to discharge or reduce a debt or liability of a person (the debtor), the receiver may recover from the debtor the amount of the debt or liability so discharged or reduced less the consideration (if any) provided by the debtor for the discharge.
	(5)	A person authorised by the Society to do so may give a certificate with respect to all or any of the following facts:
	(a)	the receipt of regulated property by the law practice concerned from any person, the nature and value of the property, the date of receipt, and the identity of the person from whom it was received;
	(b)	the taking, payment or transfer of regulated property, the nature and value of the property, the date of the taking, payment or transfer, and the identity of the person by whom it was taken or to whom it was paid or transferred;
	(c)	the entries made in the trust account and in any other ledgers, books of account, vouchers or records of the practice and the truth or falsity of those entries;
	(d)	the money and securities held by the practice at the specified time.
	(6)	If the receiver brings a proceeding under subsection (2), (3) or (4), a certificate given under subsection (5) is evidence and, in the absence of evidence to the contrary, is proof of the facts specified in it.
432—Improperly destroying property etc
A person must not, with intent to defeat the operation of this Division, and whether before or after appointment of a receiver, destroy, conceal, remove from 1 place to another or deliver into the possession, or place under the control, of another person any regulated property of a law practice for which a receiver has been or is likely to be appointed.
Maximum penalty: $50 000.
433—Deceased estates
	(1)	It is the duty of the receiver for a law practice to co-operate with the legal personal representative of a deceased legal practitioner associate of the practice for the orderly winding up of the estate.
	(2)	The receiver is not, in the exercise or performance of powers and duties as receiver, a legal personal representative of the deceased legal practitioner associate, but nothing in this subsection prevents the receiver from exercising or performing powers or duties as a legal personal representative if otherwise appointed as representative.
	(3)	Subject to subsection (1) and (2) and to the terms of the receiver’s appointment, if the receiver was appointed before the death of the legal practitioner associate, the receiver’s appointment, powers and duties are not affected by the death.
434—Termination of receiver's appointment
	(1)	The appointment of a receiver for a law practice terminates in either of the following circumstances:
	(a)	the term (if any) of the appointment comes to an end;
	(b)	the appointment is terminated under subsection (3).
	(2)	Any of the following may apply to the Supreme Court for an order that the appointment of a receiver be terminated:
	(a)	the receiver;
	(b)	the principal of the law practice for which the receiver was appointed;
	(c)	the Society.
	(3)	On an application under subsection (2), the Supreme Court may make any order that it thinks fit, including an order terminating the appointment and an order appointing another person as receiver.
	(4)	The appointment of a receiver is not stayed by the making of an application for termination of the receiver's appointment, and the receiver may accordingly continue to exercise his or her powers and functions as receiver pending the Supreme Court's decision on the application except to the extent (if any) that the Court otherwise directs.
	(5)	If the appointment of a receiver is terminated, the former receiver must, as soon as practicable, transfer and deliver the regulated property of the law practice to—
	(a)	another external intervener appointed for the practice within the period of 14 days beginning with the day after the date of the termination; or
	(b)	the practice, if another external intervener is not appointed for the practice within that period and paragraph (c) does not apply; or
	(c)	another person in accordance with arrangements approved by the Supreme Court, if it is not practicable to transfer and deliver the regulated property to the practice.
	(6)	The former receiver need not transfer and deliver regulated property to the law practice in compliance with subsection (5) unless the expenses of the receivership have been paid to the Society.
	(7)	The Society must serve a written notice of the termination on all persons originally served with notice of the appointment.

Part 6—General
435—Conditions in appointment of external intervener
	(1)	An appointment of an external intervener is subject to—
	(a)	any conditions imposed by the appropriate authority; and
	(b)	any conditions imposed by or under the regulations.
	(2)	The appropriate authority may impose conditions—
	(a)	when the appointment is made; or
	(b)	during the term of the appointment.
	(3)	The appropriate authority may revoke or vary conditions imposed under subsection (2).
	(4)	In this section—
appropriate authority means—
	(a)	in the case of a supervisor or manager—the Society;
	(b)	in the case of a receiver—the Supreme Court.
436—Status of acts of external intervener
An act done or omitted to be done by an external intervener for a law practice is, for the purposes of—
	(a)	any proceeding; or
	(b)	any transaction that relies on that act or omission,
taken to have been done or omitted to be done by the practice.
437—Eligibility for reappointment or authorisation
A person who has been appointed as an external intervener for a law practice is eligible for re-appointment as an external intervener for the practice, whether the later appointment is made in respect of the same type of external intervention or is of a different type.
438—Appeal against appointment
	(1)	The following persons may appeal to the Supreme Court against the appointment of an external intervener for a law practice:
	(a)	the practice;
	(b)	an associate of the practice;
	(c)	any person authorised to operate a trust account of the practice;
	(d)	any other person whose interests may be adversely affected by the appointment.
	(2)	The appeal is to be lodged within 7 days after notice of the appointment is served on—
	(a)	the person who proposes to appeal; or
	(b)	the law practice, if a notice is not required to be served on the person who proposes to appeal.
	(3)	The Supreme Court may make any order it considers appropriate on the appeal.
	(4)	The appointment of a supervisor or manager is not stayed by the making of an appeal, and the supervisor or manager may accordingly continue to exercise his or her powers and functions as supervisor or manager during the currency of the appeal except to the extent (if any) that the Supreme Court otherwise directs.
439—Directions of Supreme Court
The Supreme Court may, on application by—
	(a)	an external intervener for a law practice; or
	(b)	a principal of the practice; or
	(c)	any other person affected by the external intervention,
give directions in relation to any matter affecting the intervention or the intervener’s powers, duties or functions under this Act.
440—Manager and receiver appointed for law practice
If a manager and a receiver are appointed for a law practice, any decision of the receiver prevails over any decision of the manager in the exercise of their respective powers, to the extent of any inconsistency.
441—ADI disclosure requirements
	(1)	An ADI must, at the request of an external intervener for a law practice, disclose to the intervener—
	(a)	whether or not the practice, or an associate of the practice specified by the intervener, maintains or has maintained an account at the ADI during a period specified by the intervener; and
	(b)	details identifying every account so maintained.
Maximum penalty: $50 000.
	(2)	An ADI at which an account of a law practice or associate of a law practice is or has been maintained must, at the request of an external intervener for the law practice—
	(a)	produce for inspection or copying by the intervener, or a nominee of the intervener, any records relating to any such account or money deposited in any such account; and
	(b)	provide the intervener with full details of any transactions relating to any such account or money.
Maximum penalty: $50 000.
	(3)	If an external intervener believes, on reasonable grounds, that trust money has, without the authorisation of the person who entrusted the trust money to the law practice, been deposited into the account of a third party who is not an associate of the law practice, the ADI at which the account is maintained must disclose to the intervener—
	(a)	whether or not a person specified by the intervener maintains or has maintained an account at the ADI during a period specified by the intervener; and
	(b)	the details of any such account.
	(4)	An obligation imposed by this section on an ADI does not apply unless the external intervener produces to the ADI evidence of the appointment of the intervener in relation to the law practice concerned.
	(5)	A request under this section may be general or limited to a particular kind of account.
	(6)	This section applies despite any legislation or duty of confidence to the contrary.
	(7)	An ADI or an officer or employee of an ADI is not liable to any action for any loss or damage suffered by another person as a result of producing records or providing details in accordance with this section.
442—Fees, legal costs and expenses
	(1)	An external intervener is entitled to be paid—
	(a)	fees by way of remuneration; and
	(b)	the legal costs and the expenses incurred in relation to the external intervention,
in accordance with the instrument of appointment.
	(2)	An account of the external intervener for fees, costs and expenses may, on the application of the Society, be adjudicated.
	(3)	The fees, costs and expenses are payable by and recoverable from the law practice.
	(4)	Fees, costs and expenses not paid to the external intervener by the law practice are payable from the guarantee fund.
	(5)	The Society may recover any unpaid fees, costs and expenses from the law practice.
	(6)	Fees, costs and expenses paid by or recovered from the law practice after they have been paid from the guarantee fund are to be paid to the fund.
443—Reports by external intervener
	(1)	An external intervener must provide written reports in accordance with any reporting requirements to be observed by the intervener as specified in the instrument of appointment.
	(2)	If the instrument of appointment does not specify any reporting requirements, an external intervener must provide—
	(a)	written reports as required from time to time by the Society; and
	(b)	a written report to the Society at the termination of the appointment.
	(3)	An external intervener must also keep the Society informed of the progress of the external intervention, including reports to the Society about any significant events occurring or state of affairs existing in connection with the intervention or with any of the matters to which the intervention relates.
	(4)	Nothing in this section affects any other reporting obligations that may exist in respect of the law practice concerned.
444—Confidentiality
	(1)	An external intervener must not disclose information obtained as a result of his or her appointment except—
	(a)	so far as is necessary for exercising his or her powers or functions; or
	(b)	as provided in subsection (2).
	(2)	An external intervener may disclose information to any of the following:
	(a)	any court, tribunal or other person acting judicially;
	(b)	a regulatory authority of any jurisdiction;
	(c)	any officer of, or Australian legal practitioner instructed by—
	(i)	a regulatory authority of any jurisdiction; or
	(ii)	the Commonwealth or a State or Territory of the Commonwealth; or
	(iii)	an authority of the Commonwealth or of a State or Territory of the Commonwealth,
in relation to any proceedings, inquiry or other matter pending or contemplated arising out of the investigation or examination;
	(d)	an investigative or prosecuting authority established by or under legislation (for example, the Australian Securities and Investments Commission);
	(e)	a member of the police force of any jurisdiction if the Society or external intervener believes on reasonable grounds that the information relates to an offence that may have been committed by the law practice concerned or by an associate of the law practice;
	(f)	the law practice concerned or a principal of the law practice or, if the practice is an incorporated legal practice, a shareholder in the practice;
	(g)	a client or former client of the law practice concerned if the information relates to the client or former client;
	(h)	another external intervener appointed in relation to the law practice or any Australian legal practitioner or accountant employed by that other external intervener;
	(i)	any other external examiner carrying out an external examination of the trust records of the law practice concerned.
445—Provisions relating to requirements under this Part
	(1)	This section applies to a requirement imposed on a person under this Part to give an external intervener access to documents or information.
	(2)	The validity of the requirement is not affected, and the person is not excused from compliance with the requirement, on the ground that a law practice or Australian legal practitioner has a lien over a particular document or class of documents.
	(3)	The external intervener imposing the requirement may—
	(a)	inspect any document provided pursuant to the requirement; and
	(b)	make copies of the document or any part of the document; and
	(c)	retain the document for a period the intervener thinks necessary for the purposes of the external intervention in relation to which it was produced.
	(4)	The person is not subject to any liability, claim or demand merely because of compliance with the requirement.
	(5)	A failure of an Australian lawyer to comply with the requirement is capable of constituting unsatisfactory professional conduct or professional misconduct.
	(6)	The Supreme Court may on application by the Board or the Society, or on its own initiative, suspend a local practitioner's practising certificate while a failure by the practitioner to comply with the requirement continues.
446—Obstruction of external intervener
	(1)	A person must not, without reasonable excuse, obstruct an external intervener exercising a power under this Act.
Maximum penalty: $50 000.
	(2)	In this section—
obstruct includes hinder, delay, resist and attempt to obstruct.
447—Protection from liability
No liability attaches to—
	(a)	the Society; or
	(b)	the Council; or
	(c)	an officer, employee or agent of the Society; or
	(d)	a person appointed as an external intervener for a law practice,
for any act or omission by the intervener done in good faith and in the exercise or purported exercise of the intervener’s powers or duties under this Act.

Chapter 6—Investigatory powers
Part 1—Preliminary
448—Definitions
In this Chapter—
complaint investigation means an investigation of a complaint under Chapter 4;
ILP compliance audit means the conduct of an audit under Chapter 2 Part 5 Division 2 in relation to an incorporated legal practice;
investigator means—
	(a)	an investigator under Chapter 3 Part 2 Division 3 Subdivision 1; or
	(b)	an external examiner under Chapter 3 Part 2 Division 3 Subdivision 2; or
	(c)	the Board or a person authorised by the Board to investigate a complaint under Chapter 4;
trust account examination means an external examination of the trust records of a law practice under Chapter 3 Part 2 Division 3 Subdivision 2;
trust account investigation means an investigation of the affairs of a law practice under Chapter 3 Part 2 Division 3 Subdivision 1.

Part 2—Requirements relating to documents, information and other assistance
449—Application of Part
This Part applies to—
	(a)	trust account investigations; and
	(b)	trust account examinations; and
	(c)	complaint investigations; and
	(d)	ILP compliance audits.
450—Requirements that may be imposed for investigations, examinations and audits under Chapter 3 Part 2
	(1)	For the purpose of carrying out a trust account investigation or trust account examination in relation to a law practice, an investigator may, on production of evidence of his or her appointment, require the practice or an associate or former associate of the practice or any other person (including, for example, an ADI, auditor or liquidator) who has or has had control of documents relating to the affairs of the practice to give the investigator either or both of the following:
	(a)	access to the documents relating to the affairs of the practice the investigator reasonably requires;
	(b)	information relating to the affairs of the practice the investigator reasonably requires (verified by statutory declaration if the requirement so states).
	(2)	A person who is subject to a requirement under subsection (1) must comply with the requirement.
Maximum penalty: $50 000 or imprisonment for 1 year.
451—Requirements that may be imposed for investigations under Chapter 4
	(1)	For the purpose of carrying out a complaint investigation in relation to an Australian lawyer, an investigator may, by notice served on the lawyer, require the lawyer to do any 1 or more of the following:
	(a)	to produce, at or before a specified time and at a specified place, any specified document (or a copy of the document);
	(b)	to provide written information on or before a specified date (verified by statutory declaration if the requirement so states);
	(c)	to otherwise assist in, or co-operate with, the investigation of the complaint in a specified manner.
	(2)	For the purpose of carrying out a complaint investigation in relation to an Australian lawyer, the investigator may, on production of evidence of his or her appointment, require an associate or former associate of a law practice of which the lawyer is or was an associate or any other person (including, for example, an ADI, auditor or liquidator but not including the lawyer) who has or has had control of documents relating to the affairs of the lawyer to give the investigator either or both of the following:
	(a)	access to the documents relating to the affairs of the lawyer the investigator reasonably requires;
	(b)	information relating to the affairs of the lawyer the investigator reasonably requires (verified by statutory declaration if the requirement so states).
	(3)	A person who is subject to a requirement under subsection (1) or (2) must comply with the requirement.
Maximum penalty: $50 000 or imprisonment for 1 year.
	(4)	A requirement imposed on a person under this section is to be notified in writing to the person and is to specify a reasonable time for compliance.
452—Provisions relating to requirements under this Part
	(1)	This section applies to a requirement imposed on a person under this Part.
	(2)	The validity of the requirement is not affected, and the person is not excused from compliance with the requirement, on—
	(a)	the ground that the giving of the information or access to information may tend to incriminate the person; or
	(b)	the ground that a law practice or Australian legal practitioner has a lien over a particular document or class of documents.
	(3)	If compliance by a person with a requirement to answer a question or to produce, or provide a copy of, a document or information might tend to incriminate the person or make the person liable to a penalty, then—
	(a)	in the case of a person who is required to produce, or provide a copy of, a document or information—the fact of production, or provision of a copy of, the document or the information (as distinct from the contents of the document or the information); or
	(b)	in any other case—the answer given in compliance with the requirement,
is not admissible in evidence against the person in proceedings other than proceedings——
	(c)	for an offence—
	(i)	against this Act; or
	(ii)	relating to the keeping of trust accounts or the receipt of trust money; or
	(d)	in respect of the making of a false or misleading statement.
	(4)	The investigator imposing the requirement may—
	(a)	inspect any document provided pursuant to the requirement; and
	(b)	make copies of the document or any part of the document; and
	(c)	retain the document for a period the investigator thinks necessary for the purposes of the investigation in relation to which it was produced.
	(5)	The person is not subject to any liability, claim or demand merely because of compliance with the requirement.
	(6)	A failure by an Australian lawyer to comply with the requirement is capable of constituting unsatisfactory professional conduct or professional misconduct.
	(7)	The Supreme Court may, on application by the Board or the Society, or on its own initiative, suspend a local legal practitioner's practising certificate while a failure by the practitioner to comply with the requirement continues.

Part 3—Entry and search of premises
453—Application of Part
This Part applies to—
	(a)	trust account investigations; and
	(b)	complaint investigations;
but does not apply to—
	(c)	trust account examinations; or
	(d)	ILP compliance audits.
454—Investigator's power to enter premises
	(1)	Subject to this section, for the purpose of carrying out an investigation, an investigator may enter and remain on premises to exercise the powers in section 456.
	(2)	In the case of a trust account investigation—
	(a)	the investigator may enter premises, other than residential premises, without the need for consent or a search warrant; and
	(b)	the investigator may only enter residential premises as follows:
	(i)	the investigator may enter the premises at any time with the consent of the occupier;
	(ii)	the investigator may enter the premises under the authority of a search warrant issued under this Part;
	(iii)	the investigator may enter the premises at any time without the consent of the occupier and without a warrant, but only if the investigator believes, on reasonable grounds, that it is urgently necessary to do so in order to prevent the destruction of or interference with relevant material.
	(3)	In the case of a complaint investigation, the investigator may only enter premises as follows:
	(a)	the investigator may enter the premises at any time with the consent of the occupier;
	(b)	the investigator may enter the premises under the authority of a search warrant issued under this Part.
	(4)	The investigator must not exercise the power in subsection (2)(b)(iii) unless the Society has, when appointing the investigator, authorised the use of that power.
	(5)	An investigator may use reasonable force for the purposes of entering premises under subsection (2)(a) or (2)(b)(iii).
	(6)	The investigator must, at the reasonable request of a person apparently in charge of the premises or any other person on the premises, produce evidence of his or her appointment.
Maximum penalty: $2 500.
455—Search warrants
	(1)	For the purpose of carrying out an investigation, an investigator may apply to a Magistrate for a search warrant.
	(2)	A Magistrate may, on application made under this section, issue a search warrant to an investigator if—
	(a)	an investigator satisfies the Magistrate that there are reasonable grounds to suspect that relevant material is located at the premises; and
	(b)	the Magistrate is satisfied that there are reasonable grounds for issuing the warrant.
	(3)	A search warrant authorises an investigator to enter the premises specified in the warrant, by the use of reasonable force if necessary, at the time or within the period specified in the warrant.
	(4)	A search warrant may be executed by the investigator to whom it is issued or by any other investigator engaged in the investigation to which the warrant relates.
	(5)	An investigator executing a warrant must, at the reasonable request of a person apparently in charge of the premises or any other person on the premises, produce the warrant.
Maximum penalty: $2 500.
456—Powers of investigator while on premises
	(1)	An investigator who enters premises under this Part may exercise any or all of the following powers:
	(a)	search the premises and examine anything on the premises;
	(b)	search for any information, document or other material relating to the matter to which the investigation relates;
	(c)	operate equipment or facilities on the premises for a purpose relevant to the investigation;
	(d)	take possession of any relevant material and retain it for as long as may be necessary to examine it to determine its evidentiary value;
	(e)	make copies of any relevant material or any part of any relevant material;
	(f)	seize and take away any relevant material or any part of any relevant material;
	(g)	use (free of charge) photocopying equipment on the premises for the purpose of copying any relevant material;
	(h)	with respect to any computer or other equipment that the investigator suspects on reasonable grounds may contain any relevant material—
	(i)	inspect and gain access to a computer or equipment;
	(ii)	download or otherwise obtain any documents or information;
	(iii)	make copies of any documents or information held in it;
	(iv)	seize and take away any computer or equipment or any part of it;
	(i)	if any relevant material found on the premises cannot be conveniently removed—secure it against interference;
	(j)	request any person who is on the premises to do any of the following:
	(i)	to state his or her full name, date of birth and address;
	(ii)	to answer (orally or in writing) questions asked by the investigator relevant to the investigation;
	(iii)	to produce relevant material;
	(iv)	to operate equipment or facilities on the premises for a purpose relevant to the investigation;
	(v)	to provide access (free of charge) to photocopying equipment on the premises the investigator reasonably requires to enable the copying of any relevant material;
	(vi)	to give other assistance the investigator reasonably requires to carry out the investigation;
	(k)	do anything else reasonably necessary to obtain information or evidence for the purposes of the investigation.
	(2)	Any documents, information or anything else obtained by the investigator may be used for the purposes of the investigation.
	(3)	If an investigator takes anything away from the premises, the investigator must issue a receipt and—
	(a)	if the occupier or a person apparently responsible to the occupier is present, give it to him or her; or
	(b)	otherwise, leave it on the premises in an envelope addressed to the occupier.
	(4)	An investigator may be accompanied by any assistants the investigator requires, including persons with accounting expertise and persons to assist in finding and gaining access to electronically stored information.

Part 4—Additional powers in relation to incorporated legal practices
457—Application of Part
	(1)	This Part applies to—
	(a)	trust account investigations; and
	(b)	complaint investigations; and
	(c)	ILP compliance audits,
conducted in relation to incorporated legal practices.
	(2)	The provisions of this Part are additional to the other provisions of this Chapter.
458—Investigative powers relating to investigations and audits
An investigator conducting an investigation or audit to which this Part applies may exercise the powers set out in this Part.
459—Examination of persons
	(1)	The investigator, by force of this section, has and may exercise the same powers as those conferred on the Australian Securities and Investments Commission by Division 2 of Part 3 of the Australian Securities and Investments Commission Act 2001 of the Commonwealth.
	(2)	Division 2 of Part 3 of the Australian Securities and Investments Commission Act 2001 of the Commonwealth applies to the exercise of those powers, with the following modifications (and any other necessary modifications):
	(a)	a reference to the Australian Securities and Investments Commission (however expressed) is taken to be a reference to the investigator;
	(b)	a reference to a matter that is being or is to be investigated under Division 1 of Part 3 of that Act is taken to be a reference to a matter that is being or is to be investigated, examined or audited by the investigator;
	(c)	a reference in section 19 of that Act to a person is taken to be a reference to an Australian legal practitioner or an incorporated legal practice;
	(d)	a reference to a prescribed form is taken to be a reference to a form approved by the Society.
	(3)	Sections 22(2) and (3), 25(2) and (2A), 26 and 27 of the Australian Securities and Investments Commission Act 2001 of the Commonwealth do not apply in respect of the exercise of the powers conferred by this section.
460—Inspection of books
	(1)	The investigator, by force of this section, has and may exercise the same powers as those conferred on the Australian Securities and Investments Commission by sections 30(1), 34 and 37 to 39 of the Australian Securities and Investments Commission Act 2001 of the Commonwealth.
	(2)	Those provisions apply to the exercise of those powers, with the following modifications (and any other necessary modifications):
	(a)	a reference to the Australian Securities and Investments Commission (however expressed) is taken to be a reference to the investigator;
	(b)	a reference to a body corporate (including a body corporate that is not an exempt public authority) is taken to be a reference to an incorporated legal practice;
	(c)	a reference to an eligible person in relation to an incorporated legal practice is taken to be a reference to an officer or employee of the incorporated legal practice;
	(d)	a reference to a member or staff member is taken to be a reference to the appropriate authority or a person authorised by the appropriate authority who is an officer or employee of the authority;
	(e)	a reference in section 37 of that Act to a proceeding is taken to be a reference to an investigation, examination or audit to which this Part applies.
	(3)	In this section—
appropriate authority means—
	(a)	in the case of a complaint investigation—the Board; and
	(b)	in the case of an ILP compliance audit, a trust account investigation or a trust account examination—the Society.
461—Power to hold hearings
	(1)	The investigator may hold hearings for the purposes of an investigation, examination or audit to which this Part applies.
	(2)	Sections 52, 56(1), 58, 59(1), (2), (5), (6) and (8) and 60 (paragraph (b) excepted) of the Australian Securities and Investments Commission Act 2001 of the Commonwealth apply to a hearing, with the following modifications (and any other necessary modifications):
	(a)	a reference to the Australian Securities and Investments Commission (however expressed) is taken to be a reference to the investigator;
	(b)	a reference to a member or staff member is taken to be a reference to the appropriate authority or a person authorised by the appropriate authority who is an officer or employee of the authority;
	(c)	a reference to a prescribed form is taken to be a reference to a form approved by the Society.
	(3)	In this section—
appropriate authority has the same meaning as in section 460.
462—Failure to comply with investigation
The following acts or omissions are capable of constituting unsatisfactory professional conduct or professional misconduct:
	(a)	a failure by an Australian legal practitioner to comply with any requirement made by the investigator, or a person authorised by the investigator, in the exercise of powers conferred by this Part;
	(b)	a contravention by an Australian legal practitioner of any condition imposed by the investigator in the exercise of powers conferred by this Part;
	(c)	a failure by a legal practitioner director of an incorporated legal practice to ensure that the incorporated legal practice, or any officer or employee of the incorporated legal practice, complies with any of the following:
	(i)	any requirement made by the investigator, or a person authorised by the investigator, in the exercise of powers conferred by this Part;
	(ii)	any condition imposed by the investigator in the exercise of powers conferred by this Part.

Part 5—Miscellaneous
463—Obstruction of investigator
	(1)	A person must not, without reasonable excuse, obstruct an investigator exercising a power under this Act.
Maximum penalty: $50 000.
	(2)	A person requested to do anything under section 456(1)(j) must not, without reasonable excuse, fail to comply with the request.
Maximum penalty: $50 000.
	(3)	In this section—
obstruct includes hinder, delay, resist and attempt to obstruct.
464—Obligation of Australian lawyers and Australian legal practitioners
	(1)	The duties imposed on an Australian lawyer or Australian legal practitioner by this section are additional to obligations imposed under other provisions of this Chapter, whether or not the lawyer or legal practitioner is the subject of the investigation, examination or audit concerned.
	(2)	An Australian lawyer or Australian legal practitioner must not mislead an investigator or the Board or the Society in the exercise of—
	(a)	any power or function under this Chapter; or
	(b)	any power or function under a provision of a corresponding law that corresponds to this Chapter.
	(3)	An Australian lawyer or Australian legal practitioner who is subject to—
	(a)	a requirement under section 451; or
	(b)	a requirement under provisions of a corresponding law that correspond to that section,
must not, without reasonable excuse, fail to comply with the requirement.
465—Protection from liability
No liability attaches to an investigator for any act or omission by the investigator done in good faith and in the exercise or purported exercise of the investigator's powers or duties under this Act.
466—Permitted disclosure of confidential information
	(1)	Subject to this section, the Society, the Board or an investigator, or a person employed or engaged on work related to the affairs of the Society or the Board, must not divulge information that comes to his or her knowledge by virtue of that office or position except—
	(a)	in the course of carrying out the duties of that office or position; or
	(b)	as may be authorised by or under any law.
Maximum penalty: $50 000.
	(2)	A person referred to in subsection (1) may disclose information obtained in the course of a trust account investigation, trust account examination or complaint investigation to any of the following:
	(a)	any court, tribunal or other person acting judicially;
	(b)	any body regulating legal practitioners in any jurisdiction;
	(c)	the Attorney-General;
	(d)	a person authorised to appoint an investigator;
	(e)	any officer of or Australian legal practitioner instructed by—
	(i)	the Society or Board or any other body regulating legal practitioners in any jurisdiction; or
	(ii)	the Commonwealth or a State or Territory of the Commonwealth; or
	(iii)	an authority of the Commonwealth or of a State or Territory of the Commonwealth;
	(f)	an investigative or prosecuting authority established by or under legislation (for example, the Australian Securities and Investments Commission);
	(g)	a law enforcement authority;
	(h)	if the subject of the investigation, examination or audit is or was—
	(i)	a law practice—a principal of the law practice; or
	(ii)	an incorporated legal practice—a director or shareholder in the practice; or
	(iii)	an Australian lawyer—the lawyer or a principal of the law practice of which the lawyer is or was an associate;
	(i)	if the subject of the investigation, examination or audit is or was—
	(i)	a law practice—a client or former client of the practice; or
	(ii)	an Australian lawyer—a client or former client of the law practice of which the lawyer is or was an associate,
but only to the extent that the disclosure does not breach legal professional privilege or a duty of confidentiality;
	(j)	if the subject of the investigation, examination or audit is or was—
	(i)	a law practice—a supervisor, manager or receiver appointed in relation to the law practice; or
	(ii)	an Australian lawyer—a supervisor, manager or receiver appointed in relation to the law practice of which the lawyer is or was an associate;
or an Australian legal practitioner or accountant employed by the supervisor, manager or receiver;
	(k)	an investigator carrying out another investigation, examination or audit in relation to the law practice or Australian lawyer who is or was the subject of the investigation, examination or audit.
	(3)	Nothing in this section prevents the disclosure of information relating to a complaint to the complainant or a person acting on behalf of the complainant.
	(4)	No liability (including liability in defamation) is incurred by a protected person in respect of anything done or omitted to be done in good faith for the purpose of disclosing information under this section.
	(5)	In this section—
protected person means—
	(a)	the Board; or
	(b)	a member, employee or agent of the Board; or
	(c)	the Society; or
	(d)	the Council; or
	(e)	an officer, employee or agent of the Society; or
	(f)	an investigator; or
	(g)	a person acting at the direction of any person or entity referred to in this definition.

Chapter 7—Regulatory bodies and funding
Part 1—The Law Society of South Australia
Division 1—Administration of the Society
467—Incorporation and powers of Society
	(1)	The Law Society of South Australia continues in existence as a body corporate.
	(2)	The Society—
	(a)	has perpetual succession and a common seal; and
	(b)	is capable of suing and being sued.
	(3)	If an apparently genuine document purports to bear the common seal of the Society, it will be presumed in any legal proceedings, in the absence of proof to the contrary, that the common seal of the Society was duly affixed to that document.
	(4)	The Society has the powers of a natural person.
	(5)	The membership of the Society consists of all persons who have been admitted to membership of the Society, and who, for the time being, continue to be members of the Society, in accordance with the rules of the Society.
468—Officers and employees of Society
	(1)	The following officers of the Society will be elected in accordance with the rules of the Society:
	(a)	the President;
	(b)	the President-Elect;
	(c)	the Vice-Presidents (the number of whom will be determined by the rules);
	(d)	such other elective officers as may be stipulated by the rules.
	(2)	There will be an Executive Director of the Society.
	(3)	The Executive Director and any other employees of the Society will be appointed and hold office on such terms and conditions as the Society may determine.
469—Council of Society
	(1)	There will be a council of the Society.
	(2)	The Council consists of—
	(a)	the Attorney-General; and
	(b)	the President of the Society; and
	(c)	the President-Elect of the Society; and
	(d)	the Vice-Presidents of the Society; and
	(e)	the other elective officers of the Society; and
	(f)	any persons who are, in accordance with the rules of the Society, members of the Council ex officio; and
	(g)	any persons who are co-opted in accordance with the rules of the Society to membership of the Council; and
	(h)	such other persons as are elected, in accordance with the rules of the Society, to be members of the Council.
470—Validation of acts of Council
No act or proceeding of the Council is invalid by virtue of any vacancy in its membership or any defect in the appointment or election of any member of the Council.
471—Management of Society's affairs
	(1)	Subject to this Act, and to the rules of the Society, the Council has the management of all the affairs of the Society, and may exercise all the powers of the Society.
	(2)	Subject to this Act, the Council may delegate any of its powers to—
	(a)	a committee consisting of such persons as the Council thinks fit; or
	(b)	a company that is a subsidiary of the Society within the meaning of section 46 of the Corporations Act 2001 of the Commonwealth; or
	(c)	an officer or employee of the Society.
	(3)	A delegation under this section is revocable at will and does not derogate from the power of the Council to act itself in any matter.
472—Minutes of proceedings
	(1)	The Society must cause minutes of the proceedings of—
	(a)	all general meetings of the members of the Society; and
	(b)	all meetings of the Council,
to be entered in a book or books kept for the purpose.
	(2)	An apparently genuine document purporting to be verified by the Executive Director and—
	(a)	purporting to be—
	(i)	minutes entered in pursuance of this section; or
	(ii)	an extract from any such minutes; or
	(b)	purporting to be—
	(i)	minutes of the proceedings of any committee established by the Council; or
	(ii)	an extract from any such minutes,
will be accepted in any legal proceedings as evidence of the proceedings to which the document relates.
	(3)	Subject to subsection (4), the Society must at the request of any member of the Society produce for inspection the minutes of—
	(a)	any general meeting of the Society; and
	(b)	any meeting of the Council; and
	(c)	any meeting of any committee established by the Council.
	(4)	The Society is not required to produce minutes for inspection under subsection (3) if the minutes are of a confidential nature and have been entered in a minute book kept specifically for the purpose of recording minutes of such a nature.
	(5)	In any legal proceedings it will be presumed, in the absence of proof to the contrary, that a meeting of—
	(a)	the members of the Society; or
	(b)	the Council; or
	(c)	any committee established by the Council,
was duly convened and constituted, and that the proceedings of any such meeting were regularly conducted.
	(6)	An apparently genuine document purporting to be under the hand of the President, the President-Elect, a Vice-President, or the Executive Director, of the Society and to certify that a person named in the document has been duly elected or appointed to a specified office in the Society, or in the employment of the Society, will be accepted in any legal proceedings, in the absence of proof to the contrary, as proof of the matter so certified.
473—Society's right of audience
	(1)	The Society may appoint an Australian legal practitioner to appear before any court, commission or tribunal in any matter affecting the interests of the Society or the members of the Society, or in which the Society is directly or indirectly concerned or interested.
	(2)	Without limiting the generality of subsection (1), a practitioner so appointed is entitled to appear—
	(a)	in any proceedings instituted by the Society; or
	(b)	in any proceedings in which a person seeks admission to the legal profession under this Act; or
	(c)	in any proceedings in which it is alleged that an Australian legal practitioner is guilty of unsatisfactory professional conduct or professional misconduct; or
	(d)	in any proceedings under this Act.
474—Rules of Society
	(1)	The Society, in general meeting, may make rules—
	(a)	to define the objects of the Society; or
	(b)	to provide for the election of a President, the President-Elect, Vice-Presidents and other elective officers of the Society and to define the conditions on which they hold office; or
	(c)	to provide for the election of members of the Council, and to define the conditions on which they hold office; or
	(d)	to provide for the filling of casual vacancies occurring in elective offices of the Society and in the membership of the Council; or
	(e)	to regulate the meetings and proceedings of, and the conduct of business by, the Council, or any committee to which it has delegated any of its powers; or
	(f)	to provide for the execution of documents by or on behalf of the Society; or
	(g)	to define the terms and conditions on which a person may be admitted to membership of the Society and to provide for the resignation, expulsion and re-admission of members of the Society; or
	(h)	to prescribe, and provide for the payment of, subscriptions by members of the Society; or
	(i)	to provide for the administration of any fund or ADI account under the control of the Society; or
	(j)	to make any other provision relating to the administration of the Society.
	(2)	A member of the Society, or an Australian legal practitioner, is entitled, on payment of such fee as may be prescribed by rules under this section, to receive a printed copy of the rules in force for the time being under this section.
	(3)	The Attorney-General may, by instrument in writing, certify that a rule made by the Society under this section relates only to the internal administration of the Society and where such a certificate has been given under this section, section 10 of the Subordinate Legislation Act 1978 does not apply in respect of the rule.

Division 2—The Litigation Assistance Fund
475—The Litigation Assistance Fund
	(1)	The Society must continue to administer the Litigation Assistance Fund in accordance with the Deed of Trust.
	(2)	The Society may, despite any other law, enter into an agreement with a party to legal proceedings to whom assistance is provided in accordance with the Deed of Trust, under which the party is required to make a payment to the Society, for the credit of the Litigation Assistance Fund, if those legal proceedings are resolved in favour of that party.
	(3)	Any—
	(a)	communication between the Society, or any officer, employee or agent of the Society, and an applicant for assistance from the Litigation Assistance Fund; or
	(b)	document in the possession of the Society concerning the affairs of an applicant for assistance from the Fund,
is privileged from production or disclosure in the same way and to the same extent as if it were a communication between an Australian legal practitioner and client.
	(4)	In this section—
Deed of Trust means the Deed of Trust dated 2 April 1992 under which the Litigation Assistance Fund is established, and includes that Deed as amended from time to time.

Division 3—Reporting obligations
476—Certain matters to be reported by Society
	(1)	If—
	(a)	the Society appoints an investigator under Chapter 3 Part 2 or a supervisor, manager or receiver under Chapter 5; or
	(b)	the Society determines that a claim made against the guarantee fund is valid; or
	(c)	a matter comes to the attention of the Society such that the Society decides that there are reasonable grounds to suspect that an Australian legal practitioner has committed an act or omission that would constitute unsatisfactory professional conduct or professional misconduct,
the Society must, as soon as practicable, provide a report to the Board in relation to the matter.
	(2)	The Society must comply with any reasonable request of the Board for further information in relation to the subject matter of a report under this section.

Part 2—The Legal Practitioners Education and Admission Council and the Board of Examiners
Division 1—The Legal Practitioners Education and Admission Council
477—LPEAC
	(1)	The Legal Practitioners Education and Admission Council (LPEAC) continues in existence.
	(2)	LPEAC—
	(a)	is a body corporate; and
	(b)	has perpetual succession and a common seal; and
	(c)	is capable of suing and being sued.
	(3)	If an apparently genuine document purports to bear the common seal of LPEAC, it will be presumed in any legal proceedings, in the absence of proof to the contrary, that the common seal of LPEAC was duly affixed to that document.
	(4)	LPEAC has the powers of a natural person.
	(5)	LPEAC consists of—
	(a)	the Chief Justice; and
	(b)	the Attorney-General; and
	(c)	3 judges (each of whom is either a judge of the Supreme Court or a judge of the Federal Court) appointed by the Chief Justice; and
	(d)	the Dean (or acting Dean) of the faculty or school of law at The University of Adelaide; and
	(e)	the Dean (or acting Dean) of the faculty or school of law at The Flinders University of South Australia; and
	(f)	the Dean (or acting Dean) of the faculty or school of law at the University of South Australia; and
	(g)	a law student nominated in a manner determined by the Chief Justice and appointed by the Chief Justice; and
	(h)	an Australian legal practitioner appointed by the Attorney-General; and
	(i)	4 Australian legal practitioners appointed by the Society (at least 1 of whom will, at the time of appointment, be a legal practitioner who is engaged in legal practice predominantly as a barrister).
	(6)	The Chief Justice and the Attorney-General may each appoint a person to act as his or her deputy at any meeting of LPEAC that the Chief Justice or the Attorney-General is unable to attend.
	(7)	The Chief Justice will be the presiding member of LPEAC.
478—Functions of LPEAC
	(1)	LPEAC has the following functions:
	(a)	to make rules prescribing—
	(i)	the qualifications for admission to the legal profession under this Act; and
	(ii)	the qualifications for the issue and renewal of local practising certificates, including requirements for post-admission education, training or experience;
	(b)	to participate in the development of uniform national standards relating to the qualifications necessary for persons engaging in legal practice;
	(c)	to keep the effectiveness of legal education and training courses and post-admission experience under review so far as is relevant to qualifications for engaging in legal practice;
	(d)	to perform any other functions assigned to LPEAC by this Act.
	(2)	A rule made under this section may leave a matter to be determined according to the discretion of LPEAC or the Supreme Court.
	(3)	Subject to subsection (4), a rule requiring Australian legal practitioners to undertake further education or training or obtain further experience may only be made under this section with the concurrence of the Attorney-General.
	(4)	A rule requiring Australian legal practitioners who have been engaging in legal practice for less than 2 years to undertake further education or training or obtain further experience within a time specified in the rule, or providing for extensions of the specified time to be granted, may be made without the concurrence of the Attorney-General.
479—Conditions of membership
	(1)	Subject to this Act, an appointed member of LPEAC (other than the member appointed as a law student) will be appointed for a term of office of 3 years and, on the expiration of a term of office, is eligible for reappointment.
	(2)	The member of LPEAC appointed as a law student will hold office for a term of 1 year.
	(3)	The Chief Justice may remove an appointed member of LPEAC from office for—
	(a)	mental or physical incapacity to carry out official duties satisfactorily; or
	(b)	neglect of duty; or
	(c)	dishonourable conduct.
	(4)	The office of an appointed member of LPEAC becomes vacant if the member—
	(a)	dies; or
	(b)	completes a term of office; or
	(c)	resigns by written notice addressed to the Chief Justice; or
	(d)	in the case of a member who is an Australian legal practitioner—ceases to be an Australian legal practitioner or is disciplined under this Act or by the Supreme Court or under a corresponding law; or
	(e)	in the case of a member appointed as a law student—ceases to be a law student; or
	(f)	is removed from office pursuant to subsection (3).
	(5)	On the office of a member of LPEAC becoming vacant, a person may be appointed in accordance with this Act to the vacant office but, if the office of a member of LPEAC becomes vacant before the expiration of a term of appointment, the successor will be appointed only for the balance of the term.
480—Procedures of LPEAC
	(1)	7 members of LPEAC (1 of whom must be the presiding member or a judicial member of LPEAC) constitute a quorum of LPEAC, and no business may be transacted at a meeting of LPEAC unless a quorum is present.
	(2)	A decision carried by a majority of the votes cast by the members present at a meeting of LPEAC is a decision of LPEAC.
	(3)	Subject to this section, each member of LPEAC is entitled to 1 vote on any matter arising for decision by LPEAC and, in the event of an equality of votes, the person presiding at the meeting is entitled to a second or casting vote.
	(4)	The member of LPEAC appointed as a law student is not to be counted for the purposes of determining whether a quorum is present and is not entitled to vote on any matter arising for decision by LPEAC.
	(5)	The presiding member will preside at any meeting of LPEAC at which the member is present and, in the absence of the presiding member, a judicial member chosen in a manner determined by the Chief Justice, will preside at the meeting.
	(6)	Subject to this Act, the business of LPEAC may be conducted in such manner as LPEAC may determine.
481—Validity of acts and immunity of members
	(1)	An act or proceeding of LPEAC is not invalid by reason only of a vacancy in its membership, and, despite the subsequent discovery of a defect in the nomination or appointment of a member, any such act or proceeding is as valid and effectual as if the member had been duly nominated or appointed.
	(2)	No liability attaches to a member of LPEAC for an act or omission by the member, or by LPEAC, in good faith and in the exercise or purported exercise of powers or functions, or in the discharge or purported discharge of duties, under this Act.
482—Advisory Committees
	(1)	LPEAC may appoint such advisory committees as LPEAC considers necessary for the purpose of providing LPEAC with expert advice on any matter to be determined by LPEAC.
	(2)	A member of an advisory committee holds office on terms and conditions determined by LPEAC.
	(3)	The procedures to be observed in relation to the conduct of the business of a committee will be—
	(a)	as determined by LPEAC; or
	(b)	insofar as the procedure is not determined under paragraph (a)—as determined by the relevant committee.
483—Annual report
	(1)	LPEAC must, on or before 31 October in each year, prepare and present to the Attorney-General a report on the operations of LPEAC for the last financial year.
	(2)	The Attorney-General must, within 12 sitting days after receiving a report from LPEAC, cause copies of the report to be laid before both Houses of Parliament.

Division 2—The Board of Examiners
484—Board of Examiners
	(1)	The Board of Examiners continues in existence.
	(2)	The Board of Examiners consists of 15 members appointed by the Chief Justice of whom—
	(a)	1 must be a Master of the Supreme Court; and
	(b)	2 must be persons nominated by the Attorney-General; and
	(c)	12 must be Australian legal practitioners.
	(3)	A member of the Board of Examiners holds office on terms and conditions determined by the Chief Justice.
	(4)	The Chief Justice may appoint a person to be the deputy of the member of the Board of Examiners who is a Master of the Supreme Court and the deputy may, in the absence of the member, act in his or her place.
	(5)	The member of the Board of Examiners who is a Master of the Supreme Court will be the presiding member.
485—Functions of Board of Examiners
The Board of Examiners has the functions and powers conferred on it under this Act or by LPEAC.
486—Procedures of Board of Examiners
	(1)	5 members of the Board of Examiners (1 of whom must be the presiding member or the presiding member's deputy) constitute a quorum of the Board of Examiners, and no business may be transacted at a meeting of the Board of Examiners unless a quorum is present.
	(2)	Subject to this Act, the procedures to be observed in relation to the conduct of the business of the Board of Examiners will be—
	(a)	as determined by LPEAC; or
	(b)	insofar as the procedure is not determined under paragraph (a)—as determined by the Board of Examiners.
487—Validity of acts and immunity of members
	(1)	An act or proceeding of the Board of Examiners is not invalid by reason only of a vacancy in its membership, and, despite the subsequent discovery of a defect in the nomination or appointment of a member, any such act or proceeding is as valid and effectual as if the member had been duly nominated or appointed.
	(2)	No liability attaches to a member of the Board of Examiners for an act or omission by the member, or by the Board of Examiners, in good faith and in the exercise or purported exercise of powers or functions, or in the discharge or purported discharge of duties, under this Act.

Part 3—The Legal Practitioners Conduct Board
488—Legal Practitioners Conduct Board
	(1)	The Legal Practitioners Conduct Board continues in existence.
	(2)	The Board—
	(a)	is a body corporate; and
	(b)	has perpetual succession and a common seal; and
	(c)	is capable of suing and being sued.
	(3)	If an apparently genuine document purports to bear the common seal of the Board, it will be presumed in any legal proceedings, in the absence of proof to the contrary, that the common seal of the Board was duly affixed to that document.
	(4)	The Board has the powers of a natural person.
	(5)	The Board consists of 7 members appointed by the Governor of whom—
	(a)	3 will be persons nominated by the Attorney-General of whom 1 will be an Australian legal practitioner and 2 will be persons who are not Australian lawyers; and
	(b)	4 will be persons nominated by the Society (at least 1 of whom will, at the time of nomination, be an Australian legal practitioner of not more than 7 years standing and at least 1 will be a person who is not an Australian lawyer).
	(6)	A member of the Board, nominated by the Attorney-General after consultation with the President of the Society, will be appointed by the Governor to be the presiding member of the Board for such term and on such conditions as may be fixed in the instrument of appointment.
	(7)	A member is not eligible for appointment as presiding member of the Board unless the member is an Australian legal practitioner.
	(8)	The Governor may appoint a suitable person to be a deputy of a member of the Board.
	(9)	A deputy of a member—
	(a)	must be qualified for membership of the Board in the same way as the member of whom he or she is appointed deputy; and
	(b)	must be nominated for the appointment by the Attorney-General or the Society according to whether that member was nominated by the Attorney-General or the Society.
	(10)	If a member of the Board is absent, or unable, because of a conflict of interest or for any other reason, to act as a member of the Board, the deputy may act in his or her place.
489—Conditions on which members of Board hold office
	(1)	Subject to this Act, a member of the Board will be appointed for a term of office of 3 years and, on the expiration of a term of office, is eligible for reappointment.
	(2)	The Governor may remove a member of the Board from office for—
	(a)	mental or physical incapacity to carry out official duties satisfactorily; or
	(b)	neglect of duty; or
	(c)	dishonourable conduct.
	(3)	The office of a member of the Board becomes vacant if the member—
	(a)	dies; or
	(b)	completes a term of office; or
	(c)	resigns by written notice addressed to the Attorney-General; or
	(d)	in the case of a member who is an Australian legal practitioner—ceases to be an Australian legal practitioner or is disciplined under this Act or by the Supreme Court or under a corresponding law; or
	(e)	is removed from office by the Governor pursuant to subsection (2).
	(4)	On the office of a member of the Board becoming vacant, a person will be appointed in accordance with this Act to the vacant office but where the office of a member of the Board becomes vacant before the expiration of a term of appointment, the successor will be appointed only for the balance of the term.
490—Quorum etc
	(1)	4 members of the Board (of whom not less than 2 are Australian legal practitioners) constitute a quorum of the Board, and no business may be transacted at a meeting of the Board unless a quorum is present.
	(2)	A decision carried by a majority of the votes cast by the members present at a meeting of the Board is a decision of the Board.
	(3)	Each member of the Board is entitled to 1 vote on any matter arising from the decision of the Board and, in the event of an equality of votes, the person presiding at the meeting is entitled to a second or casting vote.
	(4)	The presiding member will preside at any meeting of the Board at which the member is present, and, in the absence of the presiding member, the members present will decide who is to preside at that meeting.
	(5)	Subject to this Act, the business of the Board will be conducted in such a manner as the Board determines.
	(6)	The Board must not meet to transact business on premises of the Society except with the approval of the Attorney-General.
491—Validity of acts of Board and immunity of its members
	(1)	An act or proceeding of the Board is not invalid by reason only of a vacancy in its membership, and, despite the subsequent discovery of a defect in the nomination or appointment of a member, any such act or proceeding is as valid and effectual as if the member had been duly nominated or appointed.
	(2)	No liability attaches to a member of the Board for any act or omission by the member, or by the Board, in good faith and in the exercise or purported exercise of powers or functions, or in the discharge or purported discharge of duties, under this Act.
492—Director and staff of Board
	(1)	There will be a Director appointed by the Board with the approval of the Attorney-General.
	(2)	The Director is the chief administrative officer of the Board.
	(3)	The Board may appoint other staff to assist in carrying out its functions.
493—Functions of Board
	(1)	The functions of the Board are as follows:
	(a)	to investigate suspected professional misconduct or unsatisfactory professional conduct by Australian legal practitioners in accordance with Chapter 4 Part 2 Division 1 Subdivision 1;
	(b)	following an investigation, to take action authorised under Chapter 4 Part 2 Division 1 Subdivision 2 or to lay a complaint before the Tribunal;
	(c)	to receive and deal with complaints of overcharging in accordance with Chapter 4 Part 2 Division 1 Subdivision 3;
	(d)	to arrange for the conciliation of complaints in accordance with Chapter 4 Part 2 Division 1 Subdivision 4;
	(e)	to commence disciplinary proceedings against Australian legal practitioners in the Supreme Court on the recommendation of the Tribunal;
	(f)	to carry out any other functions conferred on the Board under this Act.
	(2)	The Board may, with the approval of the Attorney-General, fix, and require the payment of, fees in connection with the performance of functions of the Board under this Act.
	(3)	The Board may exercise any of its functions or powers in relation to a person who is a former Australian legal practitioner if, at the time of the alleged professional misconduct or unsatisfactory professional conduct or overcharging, the person was an Australian legal practitioner.
494—Power of delegation
	(1)	Subject to subsection (2), the Board may delegate any of its powers or functions under this Act to any person.
	(2)	The Board cannot delegate the making of a determination as to—
	(a)	whether evidence exists of professional misconduct or unsatisfactory professional conduct by an Australian legal practitioner; or
	(b)	whether professional misconduct or unsatisfactory professional conduct by an Australian legal practitioner should be dealt with under section 360; or
	(c)	whether to recommend that an Australian legal practitioner reduce or refund an amount charged by the practitioner; or
	(d)	whether to lay a complaint before the Tribunal.
	(3)	Despite subsection (2)(a), the Board may delegate the making of a determination that no evidence exists of professional misconduct or unsatisfactory professional conduct by an Australian legal practitioner.
	(4)	A delegation under this section is revocable at will and does not derogate from the power of the Board to act itself in any matter.

Part 4—The Legal Practitioners Disciplinary Tribunal
495—Legal Practitioners Disciplinary Tribunal
	(1)	The Legal Practitioners Disciplinary Tribunal continues in existence.
	(2)	There will be 15 members of the Tribunal appointed by the Governor on the nomination of the Chief Justice.
	(3)	A person is not eligible for appointment as a member of the Tribunal unless that person is an Australian legal practitioner of at least 5 years standing.
	(4)	1 member of the Tribunal will be appointed, on the nomination of the Chief Justice, to be the presiding member of the Tribunal, and another member will be appointed by the Governor, on the nomination of the Chief Justice, to be the deputy of that member.
	(5)	The deputy may, in the absence, or at the request, of the presiding member, exercise any powers conferred by this Act on the presiding member.
496—Conditions of membership
	(1)	Subject to this Act, a member of the Tribunal will be appointed for a term of office of 3 years and, on the expiration of a term of office, is eligible for reappointment.
	(2)	The Governor may remove a member of the Tribunal from office for—
	(a)	mental or physical incapacity to carry out official duties satisfactorily; or
	(b)	neglect of duty; or
	(c)	dishonourable conduct.
	(3)	The office of a member of the Tribunal becomes vacant if the member—
	(a)	dies; or
	(b)	completes a term of office; or
	(c)	resigns by written notice addressed to the Attorney-General; or
	(d)	ceases to be an Australian legal practitioner or is disciplined under this Act or by the Supreme Court or under a corresponding law; or
	(e)	is removed from office by the Governor pursuant to subsection (2).
	(4)	On the office of a member of the Tribunal becoming vacant a person will be appointed, in accordance with this Act, to the vacant office.
	(5)	A member of the Tribunal who completes his or her term of office and is not reappointed may continue to act as a member of the Tribunal for the purpose of completing the hearing and determination of proceedings part-heard at completion of the term.
497—Constitution and proceedings of Tribunal
	(1)	In relation to any proceedings instituted before the Tribunal alleging professional misconduct by an Australian legal practitioner, the Tribunal consists of a panel of 3 of its members chosen by the presiding member to constitute the Tribunal for the purposes of those proceedings (1 of whom may be the presiding member).
	(2)	In relation to any proceedings instituted before the Tribunal alleging only unsatisfactory professional conduct by an Australian legal practitioner, the Tribunal consists of 1 of its members chosen by the presiding member to constitute the Tribunal for the purposes of those proceedings (and that member may be the presiding member).
	(3)	If the presiding member is a member of a panel chosen under subsection (1), the member will preside at the proceedings, and in any other case a member of the panel nominated by the presiding member will preside.
	(4)	The Tribunal separately constituted under this section in respect of separate proceedings may sit contemporaneously to hear and determine those separate proceedings.
	(5)	If, before proceedings are finalised, a member of a panel chosen under subsection (1) dies or is otherwise unable to continue acting, the 2 remaining members of the panel may continue to hear and determine the proceedings.
	(6)	The Tribunal, when constituted of a panel of 3, may decide matters by majority decision of its members.
	(7)	If the Tribunal is completing the hearing and determination of proceedings in relation to a complaint with 2 members only under subsection (5), a decision of the Tribunal must be arrived at unanimously (and if a decision cannot be arrived at unanimously the complaint may be relaid).
	(8)	Subject to this Act, the proceedings of the Tribunal will be conducted in such manner as the Tribunal determines.
498—Validity of acts of Tribunal and immunity of its members
	(1)	An act or proceeding of the Tribunal is not invalid by reason only of a vacancy in its membership, and, despite the subsequent discovery of a defect in the nomination or appointment of a member, any such act or proceeding is as valid and effectual as if the member had been duly nominated or appointed.
	(2)	No liability attaches to a member of the Tribunal for an act or omission by the member, or by the Tribunal, in good faith and in the exercise or purported exercise of functions, or in the discharge or purported discharge of duties under this Act.
499—Rules of Tribunal
Any 3 or more Judges of the Supreme Court may make rules for any of the following purposes:
	(a)	regulating the practice and procedure of the Tribunal;
	(b)	conferring on the Tribunal additional powers necessary or expedient for carrying out its functions;
	(c)	making other provision that is necessary or expedient for carrying into effect the provisions of this Part relating to the Tribunal.

Part 5—Lay observers
500—Lay observers
	(1)	The Attorney-General may appoint suitable persons (not being Australian lawyers) to be lay observers for the purposes of this Chapter and Chapter 4.
	(2)	A lay observer is not, in that capacity, subject to the Public Sector Management Act 1995, but holds office on terms and conditions determined by the Attorney-General.
	(3)	A lay observer is entitled to be present at any proceedings of the Board or the Tribunal and may report to the Attorney-General on any aspect of the proceedings of the Board or the Tribunal.
	(4)	A complainant in proceedings before the Board or Tribunal who is dissatisfied with the proceedings or the decision of the Board or Tribunal is entitled to make representations directly to the lay observer.

Part 6—Annual reports
501—Annual reports
	(1)	The Board and the Tribunal must each, on or before 31 October in each year, prepare and present to the Attorney-General and the Chief Justice a report on their proceedings for the last financial year.
	(2)	A report must contain—
	(a)	a statement of the nature of the matters subject to investigation or inquiry; and
	(b)	information as to case management, and the number of uncompleted matters outstanding at the end of the financial year; and
	(c)	such other information as the Attorney-General may require.
	(3)	The Attorney-General must, within 12 sitting days after receiving a report from the Board or the Tribunal under this section, cause copies of the report to be laid before both Houses of Parliament.

Chapter 8—General
Part 1—Public notaries
502—Appointment of notaries
	(1)	A person may apply to the Supreme Court for an order admitting the person as a public notary.
	(2)	The Supreme Court may, in its discretion, admit the applicant as a notary or dismiss the application.
	(3)	A person admitted as a public notary under this Part must make an oath in the prescribed form before the Registrar of the Supreme Court or a Commissioner authorised to take affidavits in the Supreme Court.
	(4)	A person admitted as a notary under this Part has all the powers and authorities (including the power to take affidavits) exercisable by law or custom by public notaries.
503—Roll of notaries
	(1)	The Registrar of the Supreme Court must cause a roll to be kept of all notaries admitted in pursuance of this Part.
	(2)	On the application of any person whose name appears on the roll, the Registrar must grant a certificate in the prescribed form certifying that that person is a public notary duly authorised and admitted to practise as such in this State.
	(3)	An apparently genuine document purporting to be a certificate under this section will, in the absence of proof to the contrary, be accepted in any legal proceedings as evidence that the person named in the certificate is a public notary.
504—Power of Court to strike off name of any notary
	(1)	If the Supreme Court is satisfied that the name of a public notary should be struck from the roll of public notaries, the Court may, on its own initiative, or on the application of the Attorney-General or the Society, strike the name of the public notary from the roll of public notaries.
	(2)	A person whose name is struck off the roll of public notaries ceases to be a public notary, but the Court may at any time, if it thinks fit, order the name of that person to be reinstated on the roll.
	(3)	If an Australian legal practitioner is admitted as a public notary, and the name of that practitioner is struck from the local roll, his or her name must also be struck from the roll of public notaries.
505—Persons acting as notaries contrary to this Part
If a person in his or her own name, or in the name of another person, acts as a public notary without being admitted under this Part, the person is guilty of an offence.
Maximum penalty: $50 000.

Part 2—Miscellaneous
506—Liability of principals
	(1)	If a law practice contravenes, whether by act or omission, any provision of this Act or the regulations imposing an obligation on the practice, each principal of the practice is taken to have contravened the same provision, unless the principal establishes that—
	(a)	the practice contravened the provision without the knowledge actual, imputed or constructive of the principal; or
	(b)	the principal was not in a position to influence the conduct of the law practice in relation to its contravention of the provision; or
	(c)	the principal, if in that position, used all due diligence to prevent the contravention by the practice.
	(2)	Subsection (1) does not affect the liability of the law practice for the contravention.
	(3)	A contravention of a requirement imposed on a law practice by this Act is capable of constituting unsatisfactory professional conduct or professional misconduct by a principal of the practice.
507—Disclosure of information by local regulatory authorities
	(1)	A local regulatory authority may disclose information to another local regulatory authority about any matter relating to or arising under this Act or a corresponding law.
	(2)	A local regulatory authority may disclose information to an interstate regulatory authority about any matter relating to or arising under this Act or a corresponding law.
	(3)	In this section—
interstate regulatory authority means—
	(a)	an authority having powers or functions under a corresponding law; or
	(b)	a person or body prescribed, or of a class prescribed, by the regulations;
local regulatory authority means—
	(a)	an authority constituted, and having powers or functions under, this Act; or
	(b)	a person or body prescribed, or of a class prescribed, by the regulations.
508—Confidentiality of personal information
	(1)	A relevant person must not disclose to any other person, whether directly or indirectly, any personal information obtained by reason of being a relevant person.
Maximum penalty: $50 000.
	(2)	Subsection (1) does not apply to the disclosure of information—
	(a)	to the extent that the disclosure is reasonably required to perform duties or exercise functions under this Act, the regulations or the legal profession rules or under any other Act or regulations made under any other Act; or
	(b)	to the extent that the relevant person is expressly authorised, permitted or required to disclose the information under this Act, the regulations or the legal profession rules or under any other Act or regulations made under any other Act; or
	(c)	with the prior consent in writing of the person to whom the information relates; or
	(d)	to a court or tribunal in the course of legal proceedings; or
	(e)	pursuant to an order of a court or tribunal under any Act or law; or
	(f)	to the extent the disclosure is reasonably required to enable the enforcement or investigation of the criminal law or a disciplinary matter.
	(3)	Subsection (1) extends to the disclosure of information that was disclosed under a corresponding law to a local regulatory authority or a relevant person.
	(4)	In this section—
local regulatory authority means—
	(a)	an authority constituted, and having powers or functions under, this Act; or
	(b)	a person or body prescribed, or of a class prescribed, by the regulations;
personal information means information or an opinion (including information or an opinion forming part of a database), that is recorded in any form and whether true or not, about a natural person whose identity is apparent, or can be reasonably ascertained, from the information or opinion, but does not include information or an opinion of a kind prescribed by the regulations;
relevant person means—
	(a)	a local regulatory authority; or
	(b)	a member or former member of a local regulatory authority; or
	(c)	a person currently or previously employed by or acting at the direction of a local regulatory authority.
509—Application of certain revenues
	(1)	Subject to subsection (2), the Treasurer must in each year pay to the Society, from the money paid by way of practising certificate fees—
	(a)	an amount approved by the Attorney-General towards the Society's costs in exercising any powers or functions delegated to the Society under this Act; and
	(b)	after deduction of the amount described in paragraph (a)—
	(i)	a prescribed proportion of the balance for the purpose of maintaining and improving the library of the Society;
	(ii)	a prescribed proportion of the balance to be credited by the Society to the guarantee fund.
	(2)	If the Society collects practising certificate fees pursuant to an assignment of functions by the Supreme Court, the Society may retain a proportion of those fees approved by the Attorney-General for the purposes specified in subsection (1).
	(3)	The revenue raised from practising certificate levies will be applied for the purpose of maintaining and improving the Supreme Court library.
	(4)	The Treasurer may, on the recommendation of the Attorney-General, make payments towards—
	(a)	meeting any expenses incurred by LPEAC in exercising its functions and powers under this Act; and
	(b)	defraying the costs of administering Chapter 4 Part 2
	(5)	This section is, without further appropriation, sufficient authority for the payment of the money to which it relates from the Consolidated Account.
510—Inspection of documents
A power to inspect or require production of a document includes, in relation to a record of information that is accessible only through the use of a computer or other device, power to produce or require production of the information in an understandable form through the use of that computer or other device.
511—False or misleading information
A person must not knowingly make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of a particular) in information provided, or a record kept, under this Act.
Maximum penalty: $50 000.
512—Service of notices and documents
Subject to this Act, a notice or document required or authorised by this Act to be served on or given to a person may—
	(a)	be served on the person personally; or
	(b)	be posted in an envelope addressed to the person at the person's last known address; or
	(c)	be left for the person at his or her place of residence or business with someone apparently of or over 16 years of age or in a letterbox to which it would have been delivered if sent by post; or
	(d)	be transmitted by facsimile transmission or email to a facsimile number or email address provided by the person (in which case the notice or document will be taken to have been given or served at the time of transmission).
513—Approved forms
An authority having a power or function under this Act may approve application forms and other forms for use in connection with that power or function.
513A—Rules of Supreme Court may assign functions or powers
	(1)	The Supreme Court may, by rules of court, assign to a specified person or body, or to a person occupying a specified office or position, any functions or powers conferred on or vested in it under—
	(a)	Chapter 2 Part 4 or 5; or
	(b)	Part 1 of this Chapter; or
	(c)	any other provision of this Act prescribed by regulation for the purposes of this section.
	(2)	The rules of the Supreme Court may specify that an assignment of functions or powers under this section is subject to conditions and limitations.
	(3)	A decision made by a person or body acting in accordance with an assignment of functions or powers under this section may, subject to the rules of the Supreme Court, be appealed against to the Supreme Court by the person in relation to whom the decision was made.
	(4)	On such an appeal, the Supreme Court—
	(a)	may confirm, vary or reverse the decision; and
	(b)	may make any consequential or ancillary order.
	(5)	If a person or body makes a decision in accordance with an assignment of functions or powers under this section that is adverse to the person in relation to whom the decision was made, the person or body must, as soon as practicable, give an information notice to the person. 
514—Offences
	(1)	Proceedings for an offence against this Act must not be brought unless the Attorney-General has, by instrument in writing, authorised the institution of the proceedings.
	(2)	An apparently genuine document purporting to be an authorisation under this section will, in the absence of proof to the contrary, be accepted as such in any legal proceedings.
515—Regulations
	(1)	The Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act.
	(2)	Without limiting the generality of the foregoing, those regulations may—
	(a)	prescribe, and provide for the recovery of, any fee or levy for the purposes of this Act; and
	(b)	prescribe any form for the purposes of this Act; and
	(c)	impose penalties, not exceeding $10 000, for offences against the regulations; and
	(d)	fix expiation fees, not exceeding $750, for alleged offences against this Act or the regulations.
	(3)	Regulations under this Act—
	(a)	may be of general application or limited application; and
	(b)	may make different provision according to the matters or circumstances to which they are expressed to apply; and
	(c)	may provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Attorney-General, the Supreme Court or the Society.
	(4)	This section is in addition to, and does not derogate from, any other provision of this Act providing for the making of regulations.

Schedule 1—Repeal and transitional provisions
Part 1—Repeal of Act
1—Repeal of Legal Practitioners Act 1981
The Legal Practitioners Act 1981 is repealed.
Part 2—Transitional provisions
2—Authorisation to employ disqualified person or person convicted of serious offence
	(1)	An authorisation granted and in force or suspended under section 23AA of the repealed Act immediately before the commencement of this clause continues as if it were an authorisation granted and in force or suspended (as the case may require) under section 18 of this Act.
	(2)	If a disqualified person or a person convicted of a serious offence (other than a person who is the subject of an authorisation referred to in subclause (1)) is, immediately before the commencement of this clause, employed or engaged by a law practice, the person must, within 1 month of the commencement of this clause, inform the law practice that he or she is a disqualified person or has been convicted of a serious offence (as appropriate).
Maximum penalty: $50 000.
	(3)	If—
	(a)	immediately before the commencement of this clause, an Australian legal practitioner is a party to an agreement or arrangement to employ or engage, in connection with the practitioner's legal practice, a disqualified person (other than a person who is the subject of an authorisation referred to in subclause (1)) or a person who has been convicted of a serious offence; and
	(b)	the agreement or arrangement was lawful immediately before the commencement of section 18,
the Australian legal practitioner has a defence to a charge for an offence against section 18(1) if the agreement or arrangement is the subject of an application for authorisation under section 18 that was made within the allowed period and has not yet been determined.
	(4)	For the purposes of subclause (3), an application for authorisation under section 18 was made within the allowed period if the application was made—
	(a)	in the case of an application for authorisation of an agreement or arrangement where the Australian legal practitioner was aware, immediately before the commencement of this clause, that the person employed or engaged pursuant to the agreement or arrangement is a disqualified person or has been convicted of a serious offence—within 5 working days of the commencement of this clause; or
	(b)	in any other case—within 5 working days of the Australian legal practitioner becoming aware that the person employed or engaged pursuant to the agreement or arrangement is a disqualified person or has been convicted of a serious offence.
3—The roll
The roll of legal practitioners maintained by the Supreme Court immediately before the commencement of this clause continues as the local roll under this Act.
4—Admission
	(1)	A person who, immediately before the commencement of this clause was admitted and enrolled as a barrister and solicitor of the Supreme Court is, on the commencement of this clause, taken to be a local lawyer (but, for the avoidance of doubt, the date of admission of the person will continue to be the date on which he or she was admitted to legal practice by the Supreme Court).
	(2)	If an application for admission made under the repealed Act has not been determined before the commencement of this clause, the application is to be determined as if it were an application under this Act for admission to the legal profession.
5—Practising certificates
	(1)	A practising certificate in force under the repealed Act immediately before the commencement of this clause is, on the commencement of this clause, taken to be a local practising certificate and is taken to be subject to the same conditions or restrictions (if any) as applied to it immediately before the commencement of this clause.
	(2)	If an application for a practising certificate made under the repealed Act has not been determined before the commencement of this clause, the application is to be determined as if it were an application under this Act for a local practising certificate.
6—Incorporated legal practices
A company that is a legal practitioner within the meaning of the repealed Act immediately before the commencement of Chapter 2 Part 5 will be taken, on that commencement, to have given written notice to the Supreme Court under section 78 of its intention to engage in legal practice in this jurisdiction.
7—Deficiencies in trust accounts
Sections 215 and 216 apply to trust money whether the money was received before, on or after the commencement of those sections.
8—Approved auditors under repealed Act
A person who was, immediately before the commencement of this clause, an approved auditor within the meaning of section 33 of the repealed Act is, on the commencement of this clause, taken to be designated as being eligible to be appointed as an external examiner in accordance with section 225 (and the Society may subsequently revoke the designation in accordance with that section).
9—Inspectors under repealed Act
Section 34 of the repealed Act continues to apply to a person appointed, by the Attorney-General or the Society, as an inspector under that section and money may be applied from the guarantee fund to meet the costs of the examination conducted by the inspector as if the person had been appointed as an investigator under Chapter 3 Part 2 Division 3.
10—Investigations
An investigation may be undertaken under Chapter 3 Part 2 Division 3 in relation to an aspect of the affairs of a law practice whether the investigation relates to matters that occurred before or after the commencement of this clause.
11—Costs
	(1)	Subject to this clause, Chapter 3 Part 3 applies to a matter if the client first instructs the law practice in the matter on or after the commencement of that Part and Part 3 Division 8 of the repealed Act continues to apply to a matter if the client first instructed the law practice in the matter before the commencement of Chapter 3 Part 3.
	(2)	Chapter 3 Part 3 does not apply in respect of a law practice that is retained by another law practice on behalf of a client on or after the commencement of that Part in relation to a matter in which the other law practice was retained by the client before the commencement of that Part and in that case Part 3 Division 8 of the repealed Act continues to apply.
12—Professional indemnity insurance
The scheme providing professional indemnity insurance in force under section 52 of the repealed Act immediately before the commencement of this clause continues as if it were a scheme established under section 298.
13—Claims on the guarantee fund
	(1)	Chapter 3 Part 5 applies to—
	(a)	a default (within the meaning of that Part) occurring on or after the commencement of this clause; or
	(b)	a claim in respect of a default (within the meaning of that Part) occurring before the commencement of this clause if the claim had not been determined under Part 5 of the repealed Act before the commencement of this clause.
	(2)	Nothing in this clause affects the operation of section 16 of the Acts Interpretation Act 1915.
14—Combined trust account
An ADI that was, immediately before the commencement of this clause, an approved ADI within the meaning of section 53 of the repealed Act is, on the commencement of this clause, taken to be an approved ADI for the purposes of section 233(3).
15—Notices issued by Board
A notice issued by the Board under section 76(4a) or 77A of the repealed Act and in force immediately before the commencement of this clause continues as if were a notice issued under section 357(5) or section 361(3) (respectively).
16—Orders under repealed Act
An order of the Tribunal or the Supreme Court under Part 6 of the repealed Act and in force immediately before the commencement of this clause continues as if it were an order of the Tribunal or the Supreme Court (as the case may be) under Chapter 4.
17—External intervention
Part 3 Division 9 of the repealed Act continues to apply to a person appointed as a supervisor or manager under that Division and money may be applied from the guarantee fund for the purposes of paying remuneration, allowances and expenses to such a person in accordance with section 48 of the repealed Act.
18—Rules
	(1)	Rules made by the Society under section 14 of the repealed Act continue as if they were rules made by the Society under section 474 of this Act and may be amended or revoked accordingly.
	(2)	Rules made by LPEAC under section 14C of the repealed Act continue as if they were rules made by LPEAC under section 478 of this Act and may be amended or revoked accordingly.
	(3)	The rules of the Tribunal made under section 88 of the repealed Act continue as if they were rules made under section 499 of this Act and may be amended or revoked accordingly.
19—Officers and Council of Society continue to hold office
	(1)	A person who is, immediately before the commencement of this clause, an officer of the Society elected in accordance with section 8 of the repealed Act or who has been so elected but is yet to commence holding office as an officer of the Society is, on the commencement of this clause, taken to have been so elected in accordance with section 468.
	(2)	A person who is, immediately before the commencement of this clause, a member of the Council of the Society in accordance with section 9 of the repealed Act or who has been co-opted or elected as a member of the Council of the Society in accordance with section 9 but is yet to commence holding office as a member of the Council of the Society is, on the commencement of this clause, taken to be a member or to have been so co-opted or elected (as the case may be) in accordance with section 469.
20—Public notaries
	(1)	The roll of notaries maintained by the Supreme Court under section 92 of the repealed Act immediately before the commencement of this clause continues as the roll of notaries under this Act.
	(2)	A person who, immediately before the commencement of this clause was admitted as a notary under Part 7 of the repealed Act is, on the commencement of this clause, taken to be admitted as a notary under Chapter 8 Part 1 (but, for the avoidance of doubt, the date of admission of the person will continue to be the date on which he or she was admitted as a notary by the Supreme Court).
	(3)	If an application for admission as a notary made under the repealed Act has not been determined before the commencement of this clause, the application is to be determined as if it were an application under this Act for admission as a notary.
21—References to repealed Act
A reference to the repealed Act in any agreement or instrument is to be read as a reference to this Act, so far as the reference relates to any period on or after the commencement of this clause and if not inconsistent with the subject-matter of the agreement or instrument.
22—Other provisions
	(1)	The Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.
	(2)	A provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.
	(3)	To the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—
	(a)	decreasing the person's rights; or
	(b)	imposing liabilities on the person.
	(4)	The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule, apply to any amendment or repeal effected by this Schedule.