Northern Territory Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


LEGAL PROFESSION (CONSEQUENTIAL AMENDMENTS) BILL 2007

Serial 89
Legal Profession (Consequential Amendments) Bill 2007
Mr Stirling






A BILL
for

AN ACT
to amend various Acts consequent on the enactment of the Legal Profession Act 2006








NORTHERN TERRITORY OF AUSTRALIA

LEGAL PROFESSION (CONSEQUENTIAL AMENDMENTS) ACT 2007

____________________

Act No. [ ] of 2007

____________________

TABLE OF PROVISIONS

   Section





bill_text00.jpg
NORTHERN TERRITORY OF AUSTRALIA

____________________

Act No. [ ] of 2007

____________________

AN ACT
to amend various Acts consequent on the enactment of the Legal Profession Act 2006

[Assented to [ ] 2007]

[Second reading [ ] 2007]

The Legislative Assembly of the Northern Territory enacts as follows:

PART 1 – PRELIMINARY MATTERS

1. Short title

This Act may be cited as the Legal Profession (Consequential Amendments) Act 2007.

2. Commencement

(1) Section 10 commences on the date fixed by the Administrator by Gazette notice.

(2) The remaining provisions of this Act commence on the day on which the Administrator's assent to this Act is declared.

PART 2 – AMENDMENT OF COMPANIES (TRUSTEES AND PERSONAL REPRESENTATIVES) ACT

3. Act amended

This Part amends the Companies (Trustees and Personal
Representatives) Act.

4. Amendment of section 38 (Legal practitioner may be nominated
by testator)

(1) Section 38, heading

omit

Legal practitioner

substitute

Law practice

(2) Section 38(1)

omit

legal practitioner or firm of legal practitioners

substitute

law practice

(3) Section 38(1)

omit

legal practitioner or firm

substitute

law practice

(4) Section 38(2) and (3)

omit (all references)

legal practitioner or firm of legal practitioners

substitute

law practice

(5) Section 38, at the end

insert

(4) In this section:

"law practice", see the Legal Profession Act.

PART 3 – AMENDMENT OF INTERPRETATION ACT

5. Act amended

This Part amends the Interpretation Act.

6. Amendment of section 17 (Definitions)

(1) Section 17, definition "legal practitioner"

omit

(2) Section 17

insert (in alphabetical order)

"lawyer" means an Australian lawyer as defined in section 5(a) of the Legal Profession Act;

"legal practitioner" means an Australian legal practitioner as defined in section 6(a) of the Legal Profession Act;

PART 4 – AMENDMENT OF MAGISTRATES ACT

7. Act amended

This Part amends the Magistrates Act.

8. Repeal and substitution of section 5

Section 5

repeal, substitute

5. Eligibility for appointment

A person is eligible for appointment as a Magistrate if the person:

(a) is a lawyer and has been for at least 5 years; or

(b) is admitted to the legal profession, and has been for at least 5 years, in one of the following jurisdictions:

(i) New Zealand;

(ii) Papua New Guinea;

(iii) England;

(iv) Scotland;

(v) Northern Ireland; or

(c) has held a position of magistrate, or, in the opinion of the Minister, its equivalent, in a jurisdiction mentioned in paragraph (b) and has the approved academic qualifications for admission as a local lawyer under section 10 of the Legal Profession Act.

PART 5 – AMENDMENT OF SUPREME COURT ACT

9. Act amended

This Part amends the Supreme Court Act.

10. Repeal and substitution of section 22

Section 22

repeal, substitute

22. Exercise of jurisdiction relating to lawyers

(1) If the Rules so provide, the Full Court must exercise:

(a) the jurisdiction of the Court to hear and determine a proceeding under the Legal Profession Act; and

(b) the inherent jurisdiction of the Court to hear and determine a proceeding relating to the discipline of a lawyer.

(2) If the proceeding involves a disputed question of fact, the Full Court may refer the question to a single Judge (who may be a member of the Full Court making the reference) to hear evidence and report his or her findings to the Full Court.

(3) If the Full Court refers a question to a single Judge, the Full Court must review the evidence taken before the Judge and may exercise any one or more of the following powers:

(a) it may adopt the Judge's findings on the evidence with or without modification;

(b) it may set aside the Judge's findings on the evidence and make its own findings;

(c) it may refer a question back to the Judge with a direction to hear further evidence.

(4) If an appeal from the Legal Practitioners Disciplinary Tribunal is heard by the Full Court:

(a) the appeal is to be by way of rehearing; and

(b) the Full Court has power:

(i) to draw its own inferences from evidence taken before the Tribunal; and

(ii) to refer a question back to the Tribunal with a direction to take further evidence, to reconsider the Tribunal's findings in the light of the further evidence and to report back to the Full Court; and

(iii) to receive further evidence in a manner the Full Court directs.

(5) Although the Rules provide for jurisdiction in matters of a particular class to be exercised by the Full Court:

(a) the Full Court may, if it thinks a particular matter would be more appropriately dealt with by a single Judge, refer the matter for hearing and determination by a single Judge; and

(b) a single Judge may exercise the Court's jurisdiction:

(i) in any matter of practice or procedure; or

(ii) to grant interlocutory relief necessary or desirable in the interest of justice; or

(iii) to deal with any other incidental matter.

(6) If the Full Court refers a particular matter for hearing and determination by a single Judge under subsection (5)(a), an appeal lies against the judgment of the single Judge to the Full Court.

(7) This section does not affect powers the Full Court has apart from this section in relation to evidence.

11. Amendment of section 32 (Appointment of Judges)

Section 32(1)(b) and (2)(b)

omit, substitute

(b) is a lawyer who has been admitted to the legal profession for at least 10 years;

12. Amendment of section 41A (Appointment of Master)

Section 41A(b)

omit, substitute

(b) is a lawyer who has been admitted to the legal profession for at least 5 years;

13. Amendment of section 41H (Authorization to act in office of Master)

Section 41H(1)(d)

omit, substitute

(d) is a lawyer;

14. Amendment of section 48 (Appointment of Registrars)

Section 48(1) and (2)

omit

as a legal practitioner of the Court

substitute

to the legal profession

15. Amendment of section 75 (Appearance)

Section 75

omit

having the right to practise in the Court

PART 6 – AMENDMENT OF OTHER LAWS

16. Amendment of other laws

(1) This section amends the laws specified in the Schedule.

(2) The Schedule has effect.

PART 7 – EXPIRY OF ACT

17. Expiry of Act

This Act expires on the day after it commences.

SCHEDULE

Section 16

AMENDMENT OF OTHER LAWS

PART 1 – AMENDMENT OF ACTS

Provision
Amendment

omit
substitute
Administration and Probate Act


Section 6(1), definition "professional personal representative", paragraph (c)
whole paragraph
(c) a legal practitioner;
Section 110
solicitor
legal practitioner
Adoption of Children Act


Section 23(1)(a)
whole paragraph
(a) a chairperson who is a lawyer; and
Agents Licensing Act


Section 5(1), definition "legal practitioner"
whole definition
Section 7(1)(b)
and (8)(a)
legal practitioner
lawyer
Associations Act


Section 100(3)(d)
solicitor, or a solicitor and counsel,
legal practitioner
Australian Crime Commission (Northern Territory) Act


Section 27, heading
counsel
legal practitioners
Section 27(2)
barrister
legal practitioner
Building Act


Section 12A(3)
a legal practitioner who is enrolled as a legal practitioner (however described) of the High Court, the Supreme Court, or the Supreme Court of a State or another Territory of the Commonwealth and has been so enrolled
a lawyer who has been admitted to the legal profession
Section 12A(4)
legal practitioners
lawyers
Section 34J(1)(a)
legal practitioner
lawyer
Section 34J(3)(a)
a legal practitioner who is enrolled as a legal practitioner (however described) of the High Court, the Supreme Court, or the Supreme Court of a State or another Territory of the Commonwealth and has been so enrolled
a lawyer who has been admitted to the legal profession
Business Tenancies (Fair Dealings) Act


Section 89(4)
whole subsection
(4) A person conducting an inquiry must be a lawyer who has been admitted to the legal profession for at least 5 years.
Section 111(1)
within the meaning of the Legal Practitioners Act

Classification of Publications, Films and Computer Games Act


Section 8(1)(c)
legal practitioner
lawyer
Commercial Arbitration Act


Section 20(5)
admitted
entitled

Legal Practitioners Act
Legal Profession Act
Co-operatives Act


Section 341(1)(a)
solicitors
legal practitioners
Section 388(2)(a)
solicitor
legal practitioner
Section 398
(1) In
In
Section 398, definition "involved person", paragraph (b)
solicitor
legal practitioner
Schedule 4, clause 7(2)(q)
solicitor
legal practitioner
Criminal Code


Section 236(c)
legal practitioner
lawyer
Crown Proceedings Act


Section 4, definition "practitioner"
whole definition

Sections 13(b) and 19(1) and (2)
practitioner
(all references)
legal practitioner
Director of Public Prosecutions Act


Section 4(1)(b)
whole paragraph
(b) been a lawyer for at least 10 years;
Section 4(4)
Legal Practitioners Act
Legal Profession Act
First Home Owner Grant Act


Section 47(1)
barrister or solicitor
legal practitioner
Gaming Machine Act


Section 183(3)
legal representative
legal practitioner
Health and Community Services Complaints Act


Section 78(3)(a)
legal practitioner
lawyer
Health Practitioners Act


Section 63(2)(a) and (b) and Schedule 5,
clauses 3(4) and (5)
and 4(2)(a) and (b)
legal practitioner
lawyer
Inquiries Act


Section 7, heading
counsel
legal practitioner
Section 7
counsel, attorney
a legal practitioner
Juries Act


Schedule 7
a practising legal practitioner
(all references)
a legal practitioner

the articled clerk
an articled clerk or graduate clerk
Justices Act


Section 57A(1)(b)
barrister or solicitor
lawyer
Land Title Act


Section 23(1)(e)
enrolled in the Territory or elsewhere

Section 195(2)
Legal Practitioners Act
Legal Profession Act
Schedule 1
within the meaning of the Legal Practitioners Act

Law of Property Act


Section 4, definition "Law Society"
constituted by section 7 of the Legal Practitioners Act
established by
section 635 of the Legal Profession Act
Law Officers Act


Section 6(d)
he
he or she
Section 6(e)
his
his or her

Roll of Legal Practitioners kept under the Legal Practitioners Act
local roll kept under the Legal Profession Act

he
he or she
Section 6(g)
to him

Section 8(4)
him
the Secretary
Section 8(6)
to him

Section 8(8)
his
(all references)
his or her

he
he or she

Legal Practitioners Act
Legal Profession Act
Section 8(9)
him
(all references)
him or her

his
his or her

he
he or she
Section 13(7)
he
he or she
Section 13(8)
his
his or her

him
the Solicitor-General
Section 13(9)
his
his or her

he
he or she
Section 14(a)
him
the Solicitor-General
Section 14(d)
his
(all references)
his or her

he
he or she

Legal Practitioners Act
Legal Profession Act
Section 15(a) and (c)
his
(all references)
his or her
Legal Aid Act


Section 4(1)
definition "current practising certificate"
whole definition
definition "Law Society"
constituted by section 7 of the Legal Practitioners Act
established by
section 635 of the Legal Profession Act
definition "officer"
and holding a current practising certificate under the Legal Practitioners Act
who is a legal practitioner
definition "private legal practitioner"
a person who is practising as a legal practitioner
a legal practitioner practising
Sections 18(3), 19(2), 20 and 30(12)(b)(i)
Legal Practitioners Act
Legal Profession Act
Section 48(b)
whole paragraph
(b) a lawyer who has been admitted to the legal profession for at least 5 years.
Section 55(3A)(b)
a proceeding under Part VI of the Legal Practitioners Act
a proceeding under Chapter 4 of the Legal Profession Act
Section 65
whole section

Licensed Surveyors Act


Section 40(2)(a)
legal practitioner of not less than 7 years standing
lawyer who has been admitted to the legal profession for at least
7 years
Local Government Act


Section 92(2)(b)
solicitor
lawyer
Marine Act


Section 118(4)
he is a legal practitioner
the person is a lawyer
Meat Industries Act


Section 64(1)(c)
counsel
legal practitioner
Mining Act


Section 58(4)
counsel
a legal practitioner
Northern Territory Licensing Commission Act


Sections 6(4) and 9(2)
enrolled as a legal practitioner of the High Court of Australia or the Supreme Court of a State or Territory of the Commonwealth and have been so enrolled for not less than
a lawyer who has been admitted to the legal profession for at least
Oaths Act


Section 17(1)(c)
whole paragraph
(c) a legal practitioner;
Pastoral Land Act


Section 27(1)
barrister
legal practitioner
Section 93(2)(a)(i)
whole subparagraph
(i) is a lawyer who has been admitted to the legal profession for at least 10 years; and
Police Administration Act



whole subsection
(5) The person appointed to be Chairman must:


(a) be a lawyer who has been admitted to the legal profession for at least 5 years; or
(b) have other qualifications or experience which, in the opinion of the Minister, are suitable for the office of Chairman.
Section 101(2)
barrister
legal practitioner
Prisoners (Correctional Services) Act


Section 51(3)
Legal Practitioners Act
Legal Profession Act
Public Sector Employment and Management Act


Section 57(4)
whole subsection
(4) The person appointed to be Chairperson must:
(a) be a lawyer who has been admitted to the legal profession for at least 5 years; or
(b) have other qualifications or experience which, in the opinion of the Minister, are suitable for the office of Chairperson.
Section 58(9)
legal practitioner
(all references)
lawyer
Racing and Betting Act


Section 145G(2)(c)
legal practitioner
lawyer
Residential Tenancies Act


Section 129(4)
has been enrolled as a legal practitioner of the High Court, or of the Supreme Court of a State or Territory of the Commonwealth, for not less than
is a lawyer who has been admitted to the legal profession for at least
Section 148(1)
within the meaning of the Legal Practitioners Act
, a graduate clerk
Section 148(2)
within the meaning of the Legal Practitioners Act

Section 149(b)
clerk
clerk or graduate clerk
Sale of Goods (Vienna Convention) Act


Section 7(1)
(1) A document
A document

legal practitioner
lawyer
Section 7(2)
whole subsection

Teacher Registration (Northern Territory) Act


Section 60(2)(a)
enrolled (and who has been so enrolled for not less than 5 years) as a legal practitioner of the High Court or of the Supreme Court of a State or Territory of the Commonwealth
is a lawyer who has been admitted to the legal profession for at least
5 years
Terrorism (Emergency Powers) Act


Section 21A, definition "lawyer"
whole definition
"lawyer" means an Australian legal practitioner as defined in section 6(a) of the Legal Profession Act;
Totalisator Licensing and Regulation Act


Section 76
constituted by section 7 of the Legal Practitioners Act
established by section 635 of the Legal Profession Act
Trustee Act


Section 17, heading
solicitor
legal practitioner
Section 17(1) to (4)
solicitor
(all references)
legal practitioner
Valuation of Land Act


Section 20B(2)(c)
legal practitioner
lawyer
Section 20B(3)
legal practitioners
lawyers
Section 28
barrister or solicitor
legal practitioner
Wills Act


Section 50(4)(a)(ii)
legal practitioner
lawyer


PART 2 – AMENDMENT OF SUBORDINATE LEGISLATION

Provision
Amendment

omit
substitute
Adoption of Children Regulations


Regulation 6(2)(a)
barrister or solicitor
(all references)
lawyer
Agents Licensing Regulations


Regulation 17(1)(c)(iv)
barrister or solicitor
legal practitioner
Regulation 24A(d)
constituted under the Legal Practitioners Act
established by the Legal Profession Act
Bail Regulations


Regulations 5(3) and 6
solicitor
legal practitioner
Charles Darwin University (Student Conduct) By-laws


By-law 11(3)(a)
person whose name is entered on the Roll of Legal Practitioners of the Supreme Court of the Northern Territory
lawyer
Coroners Regulations


Regulation 9
legal representative
legal practitioner
Local Court Rules


Rule 1.09, definition "legal practitioner", paragraph (a)
whole paragraph
(a) an Australian legal practitioner as defined in section 6(a) of the Legal Profession Act;
Rule 1.15(c)
and Schedule 1,
Form 37A
clerk
clerk or graduate clerk
Mining Regulations


Regulation 37
his attorney or solicitor
the plaintiff's legal practitioner
Regulation 38(1)(a)
his solicitor or attorney
the plaintiff's legal practitioner
Motor Accidents (Compensation) Appeal Tribunal Rules


Regulations 5(2)
and 6(2)
solicitor
legal practitioner
Forms 2, 3 and 4
Solicitor
Legal practitioner

solicitor
legal practitioner
Sheriff Regulations


Regulation 6
his solicitor
that party's legal practitioner
Regulation 8(1)
his solicitor
that person's legal practitioner
Regulation 10(1)
his solicitor
that party's legal practitioner
Regulation 16
his solicitor
the execution creditor's legal practitioner
Regulation 19, heading
solicitor
legal practitioner
Regulations 19 and 20
solicitor
(all references)
legal practitioner
Regulation 20
his
that person's
Small Claims Rules


Rule 1.06, definition "legal practitioner", paragraph (a)
whole paragraph
(a) an Australian legal practitioner as defined in section 6(a) of the Legal Profession Act;
Rule 4.07(c)
clerk
clerk or graduate clerk
Schedule 1, Forms 18A and 20A
legal representative
(all references)
legal practitioner
Supreme Court Rules


Rule 1.09(1)
definition "legal practitioner", paragraph (a)
whole paragraph
(a) an Australian legal practitioner as defined in
section 6(a) of the Legal Profession Act;
definition "Solicitor"
whole definition
"solicitor" means an Australian legal practitioner as defined in section 6(a) of the Legal Profession Act, other than a barrister as defined in that Act;
Rule 63.56
Part X of the Legal Practitioners Act
Part 3.3 of the Legal Profession Act
Totalisator Licensing and Regulation (Arbitration) Regulations


Regulation 2, definition "President of the Law Society"
constituted by section 7 of the Legal Practitioners Act
established by section 635 of the Legal Profession Act
Unit Titles Regulations


Schedule 4
a legal practitioner within the meaning of the Legal Practitioners Act
(all references)
a legal practitioner
Schedule 5, item 1(3)(a)
whole item
(a) is a legal practitioner; and

 


[Index] [Search] [Download] [Related Items] [Help]