Statutes Amendment (Claim Farming) Bill 2024 (SA)

South Australia Statutes Amendment (Claim Farming) Bill 2024 A Bill For An Act to amend the Legal Practitioners Act 1981 and the Summary Offences Act 1953.

Contents Part 1—Preliminary 1 Short title 2 Commencement Part 2—Amendment of Legal Practitioners Act 1981 3 Amendment of section 70—Conduct capable of constituting unsatisfactory professional conduct or professional misconduct 4 Amendment of Schedule 4—Investigatory powers Part 3—Amendment of Summary Offences Act 1953 5 Insertion of Part 8A Part 8A—Personal injury claim farming 42 Interpretation 42A Giving or receiving a benefit in exchange for claim referral 42B Approaching or contacting person to solicit or induce a claim 42C Imputation of state of mind of officer etc 42D Additional consequences for law practice 42E Extraterritorial application of Part

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Statutes Amendment (Claim Farming) Act 2024. 2—Commencement This Act comes into operation on a day to be fixed by proclamation.

Part 2—Amendment of Legal Practitioners Act 1981 3—Amendment of section 70—Conduct capable of constituting unsatisfactory professional conduct or professional misconduct (1) Section 70—after paragraph (c) insert: (ca) conduct consisting of a contravention of section 42A or 42B of the Summary Offences Act 1953; (2) Section 70—after its present contents as amended by this section (now to be designated as subsection (1)) insert: (2) For the purposes of subsection (1)(a) and (ca), whether a person has contravened this Act, the regulations or section 42A or 42B of the Summary Offences Act 1953 is to be determined on the balance of probabilities. 4—Amendment of Schedule 4—Investigatory powers (1) Schedule 4, Part 2, clause 5(3)(c)(i)—after "Act" insert: or section 42A or 42B of the Summary Offences Act 1953 (2) Schedule 4, Part 5, clause 19(3)—after paragraph (g) insert: (ga) if the information relates to an offence, or suspected offence, against section 42A or 42B of the Summary Offences Act 1953—a body prescribed by the regulations for the purposes of this paragraph;