Australian Capital Territory Current Acts

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LEGAL PROFESSION ACT 2006 - SECT 109

Incorporated legal practice without legal practitioner director

    (1)     An incorporated legal practice commits an offence if—

        (a)     it ceases to have any legal practitioner directors; and

        (b)     it fails to tell the law society council as soon as possible, but no later than 7 days after the day it ceases to have any legal practitioner directors.

Maximum penalty: 50 penalty units.

    (2)     An incorporated legal practice commits an offence if it does not have any legal practitioner directors for a period of longer than 7 days.

Maximum penalty: 50 penalty units.

    (3)     Subsection (2) does not apply to an incorporated legal practice during any period during which a person holds an appointment under this section in relation to the practice.

    (4)     An incorporated legal practice commits an offence if it provides legal services in the ACT during any period when, under subsection (5), it is in default of the director requirements under this section.

Maximum penalty: 50 penalty units.

    (5)     An incorporated legal practice that does not have any legal practitioner directors for a period of longer than 7 days is taken to be in default of director requirements under this section for the period from the end of the 7-day period until—

        (a)     it has at least 1 legal practitioner director; or

        (b)     a person is appointed under this section or a corresponding law in relation to the practice.

    (6)     The law society council may appoint an Australian legal practitioner who is an employee of the incorporated legal practice or someone else chosen by the council, in the absence of a legal practitioner director, to exercise the functions of a legal practitioner director under this part.

    (7)     An Australian legal practitioner is not eligible to be appointed under this section unless the practitioner holds an unrestricted practising certificate.

    (8)     The appointment under this section of a person to exercise functions of a legal practitioner director does not, for any other purpose, give the person any of the other functions of a director of the incorporated legal practice.

    (9)     A reference in this section to a legal practitioner director does not include a reference to a person who is not validly appointed as a director, but this subsection does not affect the meaning of the term legal practitioner director in other provisions of this Act.



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