[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Serial 89
Legal Profession
(Consequential Amendments) Bill 2007
Mr
Stirling
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
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:
This Act may be cited as the Legal Profession (Consequential Amendments) Act 2007.
(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
This
Part amends the Companies (Trustees and Personal
Representatives) Act.
(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
This Part amends the Interpretation Act.
(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
This Part amends the Magistrates Act.
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
This Part amends the Supreme Court Act.
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.
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;
Section 41A(b)
omit, substitute
(b) is a lawyer who has been admitted to the legal profession for at least 5 years;
Section 41H(1)(d)
omit, substitute
(d) is a lawyer;
Section 48(1) and (2)
omit
as a legal practitioner of the Court
substitute
to the legal profession
Section 75
omit
having the right to practise in the Court
PART 6 – AMENDMENT OF OTHER LAWS
(1) This section amends the laws specified in the Schedule.
(2) The Schedule has effect.
This Act expires on the day after it commences.
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]