New South Wales Consolidated Acts

LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 428

428 Making of Uniform Rules

(1) The Council may make a Uniform Rule as submitted to the Standing Committee under section 425 or 427, and must make a Uniform Rule as submitted to the Standing Committee under section 426, if--

(a) the Standing Committee approves the Uniform Rule within 30 days of its submission to the Standing Committee; or

(b) the 30-day period expires without the Uniform Rule being vetoed under subsection (2) during that period.

(2) Subject to subsection (3), the Standing Committee may veto the Uniform Rule within the 30-day period. If it does so, the Council must not make the Uniform Rule as submitted to the Standing Committee, but the Uniform Rule may be resubmitted to the Standing Committee with amendments.

(3) The Standing Committee may veto a proposed Admission Rule, Legal Practice Rule, Legal Profession Conduct Rule or Continuing Professional Development Rule only where the Standing Committee considers that the rule or a part of the rule would--

(a) impose restrictive or anti-competitive practices that are not in the public interest; or

(b) otherwise not be in the public interest because it conflicts with the objectives of this Law; or

(c) impact on the public funding of the scheme for the regulation of the legal profession.

(4) The Standing Committee must cause a notice setting out the reasons for vetoing a rule to be published as soon as practicable.

(5) Without limiting the powers of the Standing Committee with respect to a Uniform Rule submitted to it, the Standing Committee may require a draft of a proposed Uniform Rule to be released for further consideration or further public consultation or both.