Legal Profession Act 2007 (Tas)

Legal Profession Act 2007

An Act to provide for the regulation of legal practice in Tasmania and to facilitate the regulation of legal practice on a national basis, to repeal the Legal Profession Act 1993 and for other purposes [Royal Assent 15 August 2007]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

Chapter 1 - Introduction

PART 1.1 - Preliminary

1. Short title This Act may be cited as the Legal Profession Act 2007 .

2. Commencement The provisions of this Act commence on a day or days to be proclaimed.

3. Purposes The purposes of this Act are as follows: (a) to provide for the regulation of legal practice in this jurisdiction in the interests of the administration of justice and for the protection of consumers of the services of the legal profession and the public generally; (b) to facilitate the regulation of legal practice on a national basis across State and Territory borders.

PART 1.2 - Interpretation

4. Interpretation (1) In this Act – ADI means an authorised deposit-taking institution; admission rules means rules relating to the admission of local lawyers and associated matters made under Part 2.2 (Admission of local lawyers); 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 ADI means an ADI approved under section 273 (Approval of ADIs) by the prescribed authority; approved form – see section 652 (Approved forms); associate – see section 7 (Terms relating to associates and principals of law practices); Australian lawyer – see section 5 (Terms relating to lawyers); Australian legal practitioner – see section 6 (Terms relating to legal practitioners); 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; barrister means – (a) a local legal practitioner who holds a current local practising certificate to practise as or in the manner of a barrister; or (b) an interstate legal practitioner who holds a current interstate practising certificate that entitles the practitioner to engage in legal practice only as or in the manner of a barrister; Board means the Legal Profession Board of Tasmania established by section 589 ; Board of Legal Education means the Board of Legal Education continued under section 604 ; client includes a person to whom or for whom legal services are provided; community legal centre – see the definition of "complying community legal centre"; complying community legal centre – see section 218 (Community legal centres); conditions means conditions, limitations or restrictions; contravene includes fail to comply with; 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 245(6) (Controlled money), which prevents pooling of controlled money.