Australian Capital Territory Current Acts

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LEGAL PROFESSION ACT 2006 - SECT 431

Compliance with ACAT orders

    (1)     Entities with relevant functions under this Act must—

        (a)     give effect to the following orders:

              (i)     any order of the ACAT made under section 425 (3) (ACAT orders—Australian legal practitioners);

Note     Section 425 (3) is about orders requiring official implementation in the ACT.

              (ii)     any interim order of the ACAT so far as it is an order of the kind mentioned in section 425 (3) or otherwise needs to be, or can be, given effect to in the ACT; and

        (b)     enforce the following orders (to the extent that they relate to an Australian legal practitioner's practice of law in the ACT):

              (i)     any order of the ACAT made under section 425 (5);

Note     Section 425 (5) is about orders requiring compliance by practitioners.

              (ii)     any interim order of the ACAT so far as it is an order of the kind mentioned in section 425 (5) or otherwise needs to be, or can be, enforced in the ACT; and

        (c)     enforce any order of the ACAT (to the extent that it relates to a solicitor's practice as a solicitor in the ACT) made under section 429 (a) or (b) (ACAT orders—employees of solicitors).

Note     Section 460 contains provisions relating to compliance in the ACT with orders made under corresponding laws.

    (2)     The relevant council for an Australian legal practitioner must ensure that entities with relevant functions under a corresponding law of another jurisdiction are told about the making and contents of—

        (a)     the following orders in relation to the practitioner:

              (i)     an order of the ACAT made under section 425 (4) in relation to the corresponding law;

Note     Section 425 (4) is about orders requiring official implementation in another jurisdiction.

              (ii)     any interim order of the ACAT so far as it is an order of the kind mentioned in section 425 (4) or otherwise needs to be, or can be, given effect to in the other jurisdiction; and

        (b)     the following orders (to the extent that they relate to the practitioner's practice of law in the other jurisdiction):

              (i)     an order of the ACAT made under section 425 (5);

Note     Section 425 (5) is about orders requiring compliance by practitioners.

              (ii)     any interim order of the ACAT so far as it is an order of the kind mentioned in section 425 (5) or otherwise needs to be, or can be, enforced in the other jurisdiction.

    (3)     If the ACAT makes an order recommending that the name of an Australian legal practitioner who is a local lawyer be removed from the local roll—

        (a)     a copy of the order may be filed in the Supreme Court; and

        (b)     the Supreme Court may order the removal of the name from the roll.

    (4)     If the ACAT makes an order that an Australian legal practitioner pay a fine, a copy of the order may be filed in the Supreme Court and the order may be enforced as if it were an order of the court.

    (5)     In this section:

"interim order", of the ACAT, means an order under the ACT Civil and Administrative Tribunal Act 2008

, section 53.



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