Australian Capital Territory Current Acts

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LEGAL PROFESSION ACT 2006 - SECT 577

Functions of law society council

    (1)     In addition to its other functions, the law society council has the following functions:

        (a)     to take any step it considers necessary or proper for or in relation to the investigation under this Act of any question about—

              (i)     the conduct of a solicitor; or

              (ii)     the conduct of anyone who is or was employed by a solicitor in relation to the solicitor's practice as a solicitor; or

              (iii)     conduct that is, or may be, a contravention of part 2.2 (Reservation of legal work and legal titles); or

              (iv)     conduct that is, or may be, a contravention of part 2.7 (Legal practice—foreign lawyers);

        (b)     to appear by barrister or solicitor before, and be heard by, the Supreme Court in the exercise of a function of the Supreme Court under this Act or otherwise in relation to a solicitor or locally-registered foreign lawyer registered by the law society council;

        (c)     to start proceedings for breaches of provisions of this Act;

        (d)     to appear by barrister or solicitor before, and be heard by, any court in any matter affecting the law society or its members or in which the law society is concerned or interested;

        (e)     to recover as a debt owing to the law society any amount payable to the law society under this Act;

        (f)     to distribute information to increase public awareness of the requirements of this Act and the Corporations Act

in relation to solicitors who negotiate the making of or act in relation to regulated mortgages within the meaning of part 3.5 (Mortgage practices and managed investment schemes) or are involved in managed investment schemes;

        (g)     to exercise any other function given to the law society council under this Act or any other territory law.

Note     A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act

, s 196 and dict, pt 1, def  entity ).

    (2)     The law society council may delegate the council's functions under this Act to—

        (a)     a committee of the council; or

        (b)     to a member of the staff of the law society.

Note     For the making of delegations and the exercise of delegated functions, see the Legislation Act

, pt 19.4.

    (3)     In this section, a reference to a solicitor (other than for the law society council appearing before or being heard by a court) is a reference to—

        (a)     an Australian legal practitioner to whom chapter 4 (Complaints and discipline) applies and who is not, or was not, the holder of a barrister practising certificate; or

        (b)     an Australian-registered foreign lawyer to whom chapter 4 applies and who is not, or was not, the holder of a barrister practising certificate.



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