Australian Capital Territory Current Acts

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LEGAL PROFESSION ACT 2006 - SECT 365

Application of pt 3.4 to incorporated legal practices

    (1)     A regulation may provide that a provision of this part, or any other provision of this Act relating to the fidelity fund, does not apply to incorporated legal practices or applies to them with prescribed changes.

Note     This Act is defined in the dictionary.

    (2)     For the application of a provision of this part, or any other provision of this Act relating to the fidelity fund, to an incorporated legal practice, a reference in the provision to a default of a law practice extends to a default of an incorporated legal practice, but only if it happens in relation to the provision of legal services.

    (3)     This section does not affect any obligation of an Australian legal practitioner who is an officer or employee of an incorporated legal practice to comply with the provisions of this part or any other provision of this Act relating to the fidelity fund.

    (4)     An incorporated legal practice is required to make payments to or on account of the fidelity fund under this Act as if it were an Australian lawyer applying for or holding a local practising certificate.

    (5)     The incorporated legal practice must not engage in legal practice in the ACT if any payment is not made by the due date and while the practice remains in default of subsection (4).

    (6)     The law society council may suspend the local practising certificate of a legal practitioner director of the practice if any payment is not made by the due date.

    (7)     The amounts payable to the fidelity fund by an incorporated legal practice may be decided by reference to the total number of Australian legal practitioners employed by the practice and other relevant matters.



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