Legal Profession Regulations 2018 (Tas)

Legal Profession Regulations 2018

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Legal Profession Act 2007 .

19 November 2018

C. WARNER

Governor

By Her Excellency's Command,

ELISE ARCHER

Minister for Justice

PART 1 - Preliminary

1. Short title These regulations may be cited as the Legal Profession Regulations 2018 .

2. Commencement These regulations take effect on the day on which their making is notified in the Gazette.

3. Interpretation In these regulations – entity means a person or body; named month means one of the 12 named months of the year starting with January; the Act means the Legal Profession Act 2007 . Note: A reference to prescribed authority in these regulations is a reference to the Law Society of Tasmania.

4. Class of relationships for purposes of section 7 of Act For the purposes of section 7(1)(f) of the Act, the class of relationship prescribed is employment with a law practice.

5. Default determination of associate's home jurisdiction (1) This regulation applies to an associate of a law practice who is neither an Australian legal practitioner nor an Australian-registered foreign lawyer, if – (a) section 8(4)(b) of the Act is applicable to the associate; and (b) the home jurisdiction for the associate can be determined under neither subparagraph (i) nor subparagraph (ii) of that paragraph. (2) For the purposes of section 8(4)(b)(iii) of the Act, the home jurisdiction for the associate is to be determined in accordance with the following criteria: (a) the jurisdiction of the associate's place of residence in Australia; (b) if the associate does not have a place of residence in Australia, the jurisdiction of the associate's last place of residence in Australia.