New South Wales Consolidated Acts

LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 6

6 Definitions

(1) In this Law--

"ADI" means an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth;

"admission" or
"admission to the Australian legal profession means" --

(a) admission by the Supreme Court of a participating jurisdiction as a lawyer (however expressed), whether before, on or after the commencement of this Law in that jurisdiction; or

(b) admission by the Supreme Court of a non-participating jurisdiction as a lawyer, a legal practitioner, a barrister, a solicitor, a barrister and solicitor, or a solicitor and barrister, whether before, on or after the commencement of this Law in any jurisdiction, otherwise than by the grant or issue of a practising certificate.
Without limiting the meaning of the terms
"admission" or
"admission to the Australian legal profession" , those terms include readmission;

"Admission Rules" means the provisions of the Uniform Rules that are designated as Admission Rules (see section 420);

"Admissions Committee" means the Admissions Committee established under section 402;

"affairs" of a law practice includes the following--

(a) all accounts and records required by or under this Law or the Uniform Rules to be maintained by the law practice or an associate or former associate of the law practice;

(b) other records of the law practice or an associate or former associate of the law practice;

(c) any transaction--

(i) to which the law practice or an associate or former associate of the law practice was or is a party; or

(ii) in which the law practice or an associate or former associate of the law practice has acted for a party;

"another jurisdiction" means a jurisdiction other than this jurisdiction;

"another Supreme Court" means the Supreme Court of another jurisdiction;

"APRA" means the Australian Prudential Regulation Authority;

"ASIC" means the Australian Securities and Investments Commission;

"ASIC Act" means the Australian Securities and Investments Commission Act 2001 of the Commonwealth;

"associate" of a law practice means a person who is one or more of the following--

(a) a principal of the law practice;

(b) a partner, director, officer, employee or agent of the law practice;

(c) an Australian legal practitioner who is a consultant to the law practice;

"associated third party payer" --see section 171;

"Australian Accounting Standards" means the standards issued by the Australian Accounting Standards Board;

"Australian Bar Association" means the association named The Australian Bar Association;

"Australian financial services licence" has the same meaning as it has in Chapter 7 of the Corporations Act;

"Australian lawyer" means a person admitted to the Australian legal profession in this jurisdiction or any other jurisdiction;

"Australian legal practitioner" means an Australian lawyer who holds a current Australian practising certificate;

"Australian Legal Profession Register" means the register referred to in section 432;

"Australian practising certificate" means--

(a) a practising certificate granted to an Australian lawyer under Part 3.3 of this Law as applied in a participating jurisdiction; or

(b) a practising certificate granted to an Australian lawyer under a law of a non-participating jurisdiction entitling the lawyer to engage in legal practice;

"Australian-registered foreign lawyer" means a person who holds a current Australian registration certificate;

"Australian registration certificate" means--

(a) a registration certificate granted to a foreign lawyer under Part 3.4 of this Law as applied in a participating jurisdiction; or

(b) a registration certificate granted to a foreign lawyer, or a document acknowledging the registration of a foreign lawyer, under a law of a non-participating jurisdiction entitling the lawyer to practise foreign law;

"authorised ADI" --see section 128;

"authorised principal" means a principal who is authorised by his or her Australian practising certificate to supervise others;

Note: Section 47(6) provides that an Australian practising certificate authorises the holder to supervise legal practice by others, unless the certificate is subject to a condition requiring the holder to engage in supervised legal practice or a condition to the effect that the holder may not supervise legal practice by others.

"authorised representative" has the same meaning as it has in Chapter 7 of the Corporations Act;

"automatic show cause event" --see section 86;

"Bankruptcy Act" means the Bankruptcy Act 1966 of the Commonwealth;

"bankruptcy-related event" , in relation to a person, means--

(a) his or her becoming bankrupt under the Bankruptcy Act (or the corresponding provisions of the law of a foreign country or external territory); or

(b) his or her being served with notice of a creditor's petition presented to a court under section 43 of the Bankruptcy Act; or

(c) his or her presentation (as a debtor) of a declaration to the Official Receiver under section 54A of the Bankruptcy Act of his or her intention to present a debtor's petition or his or her presentation (as a debtor) of such a petition under section 55 of that Act; or

(d) his or her applying to take the benefit of any law (whether Australian or otherwise) for the relief of bankrupt or insolvent debtors, compounding with his or her creditors or making an assignment of his or her remuneration for their benefit;

"barrister" means an Australian legal practitioner whose Australian practising certificate is subject to a condition that the holder is authorised to engage in legal practice as or in the manner of a barrister only;

"business day" means a day that is not a Saturday, Sunday, public holiday, special holiday or bank holiday in the place in which any relevant act is to be or may be done;

"certificate" (in Part 3.5)--see section 73;

"Chair" of the Council--see clause 1 of Schedule 1;

"Chapter 5 functions" means--

(a) functions under Chapter 5; or

(b) functions under another provision of this Law relating to Chapter 5; or

(c) functions under the Uniform Rules relating to Chapter 5;

"civil penalty" and
"civil penalty provision" --see section 452;

"claim" (in Part 4.5)--see section 219;

"client" includes a person to whom or for whom legal services are provided;

"commercial or government client" --see section 170;

"Commissioner" means the person appointed to or acting in the office of the Commissioner for Uniform Legal Services Regulation established by Part 8.3;

"Commissioner of Police" includes a person of equivalent status specified in jurisdictional legislation;

"community legal service" means an organisation (whether incorporated or not) that--

(a) holds itself out as--

(i) a community legal service; or

(ii) a community legal centre; or

(iii) an Aboriginal and Torres Strait Islander Legal Service;

whether or not it is a member of a State or Territory association of community legal centres, and whether or not it is accredited or certified by the National Association of Community Legal Centres; and

(b) is established and operated on a not-for-profit basis; and

(c) provides legal or legal-related services that--

(i) are directed generally to people who are disadvantaged (including but not limited to being financially disadvantaged) in accessing the legal system or in protecting their legal rights; or

(ii) are conducted in the public interest;

"complaint" --see section 265;

"complaint investigation" means an investigation of a complaint under section 282;

"compliance audit" means an audit under section 256;

"compliance certificate" means a certificate issued under section 19;

Note: Section 26(5) provides that, on a successful appeal against a refusal to issue a compliance certificate, the order of the Supreme Court may include a direction that the order has the same effect as a compliance certificate provided to the Court by the designated local regulatory authority.

"concerted interjurisdictional default" --see section 219;

"conditional costs agreement" --see section 181;

"conditions" includes terms, limitations and restrictions;

"consumer matter" --see section 269;

"Continuing Professional Development Rules" means the provisions of the Uniform Rules that are designated as Continuing Professional Development Rules (see section 420);

"controlled money" --see section 128;

"conviction" includes a finding of guilt, or the acceptance of a guilty plea by the court, whether or not a conviction is recorded;

"corporate legal practitioner" means an Australian legal practitioner who engages in legal practice only in the capacity of an in-house lawyer for his or her employer or a related entity, but does not include a government legal practitioner;

"Corporations Act" means the Corporations Act 2001 of the Commonwealth;

"corresponding authority" means--

(a) a person or body having functions under a corresponding law; or

(b) when used in the context of a person or body having functions under this Law in this jurisdiction--a person or body having corresponding functions under a corresponding law;

"corresponding law" means--

(a) a law of another jurisdiction that--

(i) corresponds to the relevant provisions of this Law as applied in this jurisdiction; or

(ii) is the principal legislation in the other jurisdiction for the regulation of the legal profession; or

(iii) is declared by the Uniform Regulations to be a law within this definition; but

(b) if the term is used in relation to a matter that happened before the commencement of the law of another jurisdiction that, under paragraph (a), is the corresponding law for the other jurisdiction--a previous law applying to legal practice in the other jurisdiction;

"costs assessment" means an assessment of legal costs under Part 4.3;

"costs assessor" means--

(a) a person appointed by a court, judicial officer or other official to have the responsibility of conducting costs assessments; or

(b) a person or body designated by jurisdictional legislation to have that responsibility;

"costs dispute" --see section 269;

"Council" or
"Legal Services Council" means the Legal Services Council established by Part 8.2;

"default" (in Part 4.5)--see section 219;

"designated local regulatory authority" means a person or body specified or described in a law of this jurisdiction for the purposes of a provision, or part of a provision, of this Law in which the term is used;

"designated local roll authority" means a person or body specified or described in a law of this jurisdiction for the purposes of a provision, or part of a provision, of this Law in which the term is used;

"designated show cause event" --see section 90;

"designated tribunal" means--

(a) a court or tribunal specified or described in a law of this jurisdiction for the purposes of a provision, or part of a provision, of this Law in which the term is used; or

(b) a member or officer so specified or described of such a court or tribunal;

"disqualified entity" means an entity that is disqualified under section 120;

"disqualified person" means--

(a) a person whose name has been removed from a Supreme Court roll and who has not subsequently been admitted or readmitted by the Supreme Court of any jurisdiction; or

(b) a person who has been refused the grant or renewal of an Australian practising certificate and who has not been granted an Australian practising certificate at a later time; or

(c) a person whose Australian practising certificate is suspended (for the period of the suspension); or

(d) a person whose Australian practising certificate has been cancelled and who has not been granted an Australian practising certificate at a later time; or

(e) a person who is the subject of a decision under section 94 that the person is not entitled to apply for a certificate for a specified period; or

(f) a person who is disqualified under section 119;

"engage in legal practice" includes practise law or provide legal services, but does not include engage in policy work (which, without limitation, includes developing and commenting on legal policy);

"entity" includes--

(a) an individual, an incorporated body and an unincorporated body or other organisation; and

(b) in the case of a partnership--

(i) the partnership as currently constituted from time to time; or

(ii) the assignee or receiver of the partnership;

"exercise" of a function includes, where the function is a duty, the performance of the duty;

"external examiner" means a person appointed as such under Part 4.2;

"external intervener" means a supervisor, manager or receiver under Chapter 6;

"external intervention" means the appointment of, and the exercise of the functions of, a supervisor, manager or receiver under Chapter 6;

"external investigator" means a person appointed as such under Part 4.2;

"fee, gain or reward" includes any form of, and any expectation of, a fee, gain or reward;

"fidelity authority" means an entity specified in jurisdictional legislation for the purposes of this definition;

Note: See clause 15 of Schedule 3 regarding the fidelity authority for a non-participating jurisdiction.

"fidelity fund" --see sections 222 and 223;

Note: See clause 15 of Schedule 3 regarding the fidelity fund of a non-participating jurisdiction.

"financial service" has the same meaning as it has in Chapter 7 of the Corporations Act;

"financial services business" has the same meaning as it has in Chapter 7 of the Corporations Act;

"financial year" means a year ending on 30 June;

"fixed costs legislative provision" means a determination, scale, arrangement or other provision fixing the costs or maximum costs of any legal services that is made by or under the Uniform Rules or any other legislation;

"foreign country" means--

(a) a country other than Australia; or

(b) a state, province or other part of a country other than Australia;

"foreign law" means law of a foreign country;

"foreign lawyer" means an individual who is properly registered or authorised to engage in legal practice in a foreign country by the foreign registration authority for the country;

"foreign lawyer associate" of a law practice means an associate of the law practice who is an Australian-registered foreign lawyer;

"foreign registration authority" means an entity in a foreign country having the function, conferred by the law of the foreign country, of registering or authorising persons to engage in legal practice in the foreign country;

"function" includes a power, authority or duty, and without limitation includes jurisdiction in relation to a court;

"general trust account" --see section 128;

"government authority" includes a Minister, government department or public authority of the Commonwealth or of a jurisdiction, and includes a body or organisation (or a class of bodies or organisations) declared in the Uniform Rules to be within this definition;

"government lawyer" means a person who engages in legal practice only--

(a) as an officer or employee of a government authority; or

(b) as the holder of a statutory office of the Commonwealth or of a jurisdiction; or

(c) in another category specified in the Uniform Rules;

"government legal practitioner" means a government lawyer who is an Australian legal practitioner;

"GST" has the same meaning as it has in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;

"home jurisdiction" means--

(a) in the case of an applicant for or the holder of an Australian practising certificate granted in a participating jurisdiction--the jurisdiction last notified under section 46 as applying in that or another participating jurisdiction; or

(b) in the case of an applicant for or the holder of an Australian registration certificate granted in a participating jurisdiction--the jurisdiction last notified under section 63 as applying in that or another participating jurisdiction; or

(c) in the case of the holder of an Australian practising certificate or Australian registration certificate granted in a non-participating jurisdiction--see Schedule 3; or

(d) in the case of an associate of a law practice who is neither an Australian legal practitioner nor an Australian-registered foreign lawyer--

(i) where only one jurisdiction is the home jurisdiction for the only legal practitioner associate of the law practice or for all the legal practitioner associates of the law practice--that jurisdiction; or

(ii) where no single jurisdiction is the home jurisdiction for all the legal practitioner associates of the law practice--

(A) the jurisdiction in which the office is situated at which the associate performs most of his or her duties for the law practice; or

(B) if a jurisdiction cannot be determined under sub-subparagraph (A)--the jurisdiction in which the associate is enrolled under a law of the jurisdiction to vote at Australian government elections for the jurisdiction; or

(C) if a jurisdiction cannot be determined under sub-subparagraph (A) or (B)--the jurisdiction of the associate's place of residence in Australia or (if he or she does not have a place of residence in Australia) the jurisdiction of his or her last place of residence in Australia; or

(e) in any other case--the jurisdiction determined in accordance with the Uniform Rules;

"host" --see section 5;

"incorporated legal practice" means a corporation that satisfies the following criteria--

(a) it is--

(i) a company within the meaning of the Corporations Act; or

(ii) a corporation, or a corporation of a kind, approved by the Council under section 114 or specified in the Uniform Rules for the purposes of this definition;

(b) it has given notice under section 104 that it intends to engage in legal practice in Australia and that notice is still operative;

(c) the legal services it provides or proposes to provide are not limited to either or both of the following services--

(i) in-house legal services for the corporation or a related entity;

(ii) services that are not legally required to be provided by an Australian legal practitioner and that are provided by an officer or employee who is not an Australian legal practitioner;

Note: The Uniform Rules under section 10(3) may provide that certain entities are exempt from the operation of section 10(1), which provides that an entity must not engage in legal practice in this jurisdiction unless it is a qualified entity.

(d) it is not excluded by the Uniform Rules from being an incorporated legal practice--

but does not include a community legal service;

"independent entity" means an independent statutory body (not being a professional association) or an independent statutory office holder;

"indexed" means indexed in accordance with section 471;

"insolvent under administration" has the same meaning as it has in the Corporations Act;

"Intergovernmental Agreement" means the Bilateral Agreement on the Legal Profession Uniform Framework between New South Wales and Victoria dated 5 December 2013, and any successor agreement, as respectively in force from time to time;

"investigator" (in Chapter 7)--see section 368;

"jurisdiction" means a State of the Commonwealth, the Australian Capital Territory or the Northern Territory of Australia;

"jurisdictional legislation" means legislation of a jurisdiction;

"Law Council of Australia" means Law Council of Australia Limited;

"law firm" means a partnership consisting only of--

(a) Australian legal practitioners; or

(b) one or more Australian legal practitioners and one or more Australian-registered foreign lawyers;

"law practice" means--

(a) a sole practitioner; or

(b) a law firm; or

(c) a community legal service; or

(d) an incorporated legal practice; or

(e) an unincorporated legal practice;

"lawyer" --

(a) in Part 4.5--see section 219; and

(b) when used alone in Chapter 5, Chapter 7, section 461 or Schedule 3--see section 261, section 369, section 461(3) or clause 1 of Schedule 3, respectively;

"lay associate" of a law practice means a person who is not an Australian legal practitioner and who is--

(a) an associate of the law practice; or

(b) a consultant to the law practice (however described) who provides services related to legal services to the law practice, other than services of a kind specified in the Uniform Rules for the purposes of this definition; or

(c) a person who shares the receipts, revenue or other income arising from the law practice;

"legal costs" means--

(a) amounts that a person has been or may be charged by, or is or may become liable to pay to, a law practice for the provision of legal services; or

(b) without limitation, amounts that a person has been or may be charged, or is or may become liable to pay, as a third party payer in respect of the provision of legal services by a law practice to another person--

including disbursements but not including interest;

"Legal Practice Rules" means the provisions of the Uniform Rules that are designated as Legal Practice Rules (see section 420);

"legal practitioner associate" of a law practice means an associate of the law practice who is an Australian legal practitioner;

"Legal Profession Conduct Rules" means the provisions of the Uniform Rules designated as Legal Profession Conduct Rules (see section 420);

"Legal Profession Uniform Law Act" of a jurisdiction means the Act of that jurisdiction that applies this Law (whether with or without modification) as a law of that jurisdiction;

Note: It is intended that the Intergovernmental Agreement will provide for permissible modifications of the Uniform Law.

"legal services" means work done, or business transacted, in the ordinary course of legal practice;

"litigious matter" means a matter that involves, or is likely to involve, the issue of proceedings in a court or tribunal;

Note: A matter is a litigious matter when proceedings are initiated or at any stage when proceedings are reasonably likely.

"local legal profession register" means the register (if any) maintained under jurisdictional legislation of this jurisdiction (see section 434);

"local regulations" means regulations made under the Legal Profession Uniform Law Act of this jurisdiction;

"local regulatory authority" , in the context of a reference to "a local regulatory authority" or "local regulatory authorities" in a provision of this Law, means any designated local regulatory authority;

"managed investment scheme" has the same meaning as it has in the Corporations Act;

"management system direction" means a direction under section 257;

"member" includes an acting member;

"member of the staff" of the Council, the Commissioner or a local regulatory authority means a person employed, engaged or assigned to provide assistance in the exercise of the respective functions of the Council, Commissioner or authority;

"modifications" includes modifications by way of alteration, omission, addition or substitution;

"mortgage" means an instrument or proposed instrument under which an interest in real property is charged, encumbered or transferred as security for the payment or repayment of money;

"mortgage financing" means facilitating a loan secured or intended to be secured by mortgage by--

(a) acting as an intermediary to match a prospective lender and borrower; or

(b) arranging the loan; or

(c) receiving or dealing with payments for the purposes of, or under, the loan--

but does not include providing legal advice or preparing an instrument for the loan;

"non-associated third party payer" --see section 171;

"non-participating jurisdiction" means a jurisdiction that is not a participating jurisdiction;

"obstruct" includes hinder, delay, resist and attempt to obstruct;

"officer" of a law practice includes a principal of the law practice;

"operational term" of the Council--see section 395;

"Parliament" of a jurisdiction includes, in the case of the Australian Capital Territory or the Northern Territory of Australia, the Legislative Assembly of the Territory;

"participating jurisdiction" means--

(a) a jurisdiction in which this Law applies as a law of the jurisdiction and on behalf of which the Intergovernmental Agreement has been signed; or

(b) a jurisdiction in respect of which the Standing Committee decides that a law of the jurisdiction substantially corresponds to the provisions of this Law;

"partnership" includes a limited partnership;

"pecuniary loss" (in Part 4.5)--see section 219;

"penalty unit" means an amount equal to the value of a penalty unit under an Act of Victoria for an offence, and has that meaning in a provision of this Law regardless of whether the provision gives rise to a criminal offence or is a civil penalty provision;

Note: The meaning of penalty units for offences in Victorian Acts is contained in section 110 of the Sentencing Act 1991 of Victoria. The value of a penalty unit for a financial year is fixed by the Victorian Treasurer under the Monetary Units Act 2004 of Victoria.

"permanent form" , in relation to a trust record--see section 128;

"power" , in relation to trust money, includes an authority;

"practical legal training" means either or both of the following--

(a) legal training by participation in course work;

(b) supervised legal training, whether involving articles of clerkship or otherwise;

"principal" of a law practice is an Australian legal practitioner who--

(a) in the case of a sole practitioner--is the sole practitioner; or

(b) in the case of a law firm--is a partner in the firm; or

(c) in the case of a community legal service--is a supervising legal practitioner of the service referred to in section 117; or

(d) in the case of an incorporated legal practice or an unincorporated legal practice--

(i) holds an Australian practising certificate authorising the holder to engage in legal practice as a principal of a law practice; and

(ii) is--

(A) if the law practice is a company within the meaning of the Corporations Act--a validly appointed director of the company; or

(B) if the law practice is a partnership--a partner in the partnership; or

(C) if the law practice is neither--in a relationship with the law practice that is of a kind approved by the Council under section 40 or specified in the Uniform Rules for the purposes of this definition;

"pro bono basis" --see section 8;

"professional association" means an entity whose membership consists principally of Australian legal practitioners and whose principal functions include representing or assisting Australian legal practitioners;

"professional misconduct" --see section 297;

"professional obligations" includes--

(a) duties to the Supreme Courts; and

(b) obligations in connection with conflicts of interest; and

(c) duties to clients, including disclosure; and

(d) ethical standards required to be observed--

that do not otherwise arise under this Law or the Uniform Rules;

"qualified entity" means--

(a) an Australian legal practitioner; or

(b) a law practice; or

(c) either--

(i) an Australian-registered foreign lawyer; or

(ii) a foreign lawyer who is not an Australian-registered foreign lawyer but only to the extent that the foreign lawyer's legal practice is limited to the practice of foreign law and is carried out in accordance with the applicable requirements of Part 3.4; or

(d) an individual engaged in legal practice under the authority of a law of the Commonwealth or of a jurisdiction, other than this Law or the Uniform Rules; or

(e) an entity engaged in legal practice of a kind specified in the Uniform Rules for the purposes of this definition, but only while the entity engages in the legal practice in accordance with any applicable requirements of the Uniform Rules;

"quashing" of a conviction for an offence includes the quashing of--

(a) a finding of guilt in relation to the offence; or

(b) the acceptance of a guilty plea in relation to the offence--

but does not include the quashing of a conviction where a finding of guilt or the acceptance of a guilty plea remains unaffected in relation to the offence;

"regulated property" , in relation to a law practice, means the following--

(a) trust money or trust property received, receivable or held by the law practice;

(b) interest, dividends or other income or anything else derived from or acquired with money or property referred to in paragraph (a);

(c) documents or records of any description relating to anything referred to in paragraph (a) or (b);

(d) any computer hardware or software, or other device, in the custody or control of the law practice or an associate of the law practice by which any documents or records referred to in paragraph (c) may be produced or reproduced in visible form;

(e) client files;

"related entity" , in relation to a person, means--

(a) if the person is a company within the meaning of the Corporations Act--a related body corporate within the meaning of section 50 of that Act; or

(b) if the person is not a company within the meaning of that Act--a person specified or described in the Uniform Rules for the purposes of this definition;

"respondent" means the lawyer (within the meaning it has when used alone in Chapter 5) who, or the law practice that, is the subject of a complaint;

"serious offence" means an offence that is--

(a) an indictable offence against a law of the Commonwealth, a State or a Territory (whether or not the offence is or may be dealt with summarily); or

(b) an offence against a law of a foreign country that would be an indictable offence against a law of the Commonwealth, a State or a Territory if committed in Australia (whether or not the offence could be dealt with summarily if committed in Australia);

"sole practitioner" means an Australian legal practitioner who engages in legal practice on his or her own account;

"solicitor" means an Australian legal practitioner whose Australian practising certificate is not subject to a condition that the holder is authorised to engage in legal practice as or in the manner of a barrister only;

"staff" --see the definition of
"member of the staff" ;

"Standing Committee" means the Attorneys-General of the participating jurisdictions;

"supervised legal practice" means legal practice by a person who is an Australian legal practitioner--

(a) as an employee of, or other person working under supervision in, a law practice, where--

(i) at least one legal practitioner associate of the law practice is an authorised principal; and

(ii) the person engages in legal practice under the supervision of an authorised principal referred to in subparagraph (i); or

(b) as a principal of a law practice (other than a community legal service), where the person engages in legal practice under the supervision of an authorised principal of the law practice; or

(c) as a corporate legal practitioner or government legal practitioner, where the person engages in legal practice under the supervision of a person who holds, or is eligible to hold but is exempted from holding, an Australian practising certificate authorising the holder to supervise legal practice by others; or

(d) in a capacity or in circumstances specified in the Uniform Rules for the purposes of this definition;

"supervising legal practitioner" , in relation to a community legal service, means an Australian legal practitioner who is designated under section 117 as a supervising legal practitioner for the service;

"Supreme Court" means--

(a) the Supreme Court of this jurisdiction; but

(b) so far as the term is used in the context of (or that includes or implies the inclusion of) another jurisdiction (for example, by the words "a Supreme Court")--the Supreme Court of the other jurisdiction;

Note: See also subsection (4).

"Supreme Court roll" means--

(a) the roll of Australian lawyers maintained by the Supreme Court; but

(b) so far as the term is used in the context of (or that includes or implies the inclusion of) another jurisdiction (for example, by the words "a Supreme Court roll"), it means a roll of Australian lawyers maintained by the Supreme Court of the other jurisdiction;

"tax offence" means any offence under the Taxation Administration Act 1953 of the Commonwealth;

"third party payer" --see section 171;

"transit money" --see section 128;

"tribunal" includes a panel or person authorised to hear or determine a matter;

"trust account" --see section 128;

"trust money" --see section 129;

"trust property" --see section 128;

"trust records" --see section 128;

"trust records examination" means an external examination of trust records under Division 3 of Part 4.2;

"trust records investigation" means an external investigation of trust records under Division 4 of Part 4.2;

"Uniform Regulations" means the Legal Profession Uniform Regulations made under Part 9.1;

"Uniform Rules" means the Legal Profession Uniform Rules made under Part 9.2;

"unincorporated legal practice" means an unincorporated body or group that satisfies the following criteria--

(a) it is--

(i) a partnership; or

(ii) an unincorporated body or group, or an unincorporated body or group of a kind, approved by the Council under section 114 or specified in the Uniform Rules for the purposes of this definition;

(b) it has given notice under section 104 that it intends to engage in legal practice in Australia and that notice is still operative;

(c) the legal services it provides or proposes to provide are not limited to either or both of the following services--

(i) in-house legal services for the unincorporated body or group;

(ii) services that are not legally required to be provided by an Australian legal practitioner and that are provided by an officer or employee who is not an Australian legal practitioner;

(d) it is not excluded by the Uniform Rules from being an unincorporated legal practice--
but does not include--

(e) a law firm; or

(f) a community legal service; or

(g) an incorporated legal practice;

"unsatisfactory professional conduct" --see section 296;

"uplift fee" means additional legal costs (excluding disbursements) payable under a costs agreement on the successful outcome of the matter to which the agreement relates;

"vary" includes, in relation to an Australian practising certificate or an Australian registration certificate, impose a condition on the certificate and alter or revoke a condition (other than a statutory condition) already imposed on the certificate.

Note: For the term
"this jurisdiction" , see the Legal Profession Uniform Law Act of each participating jurisdiction.

(2) In this Law, a reference to this Law (or to a provision of this Law) is a reference to this Law (or a provision of this Law) as applied in this jurisdiction, except as expressly provided otherwise and except where the context or subject matter otherwise indicates or requires.

(3) In this Law, a reference to this Law as applied in a participating jurisdiction (or to a provision of this Law as applied in a participating jurisdiction), is a reference to--

(a) this Law (or a provision of this Law) as applied by the Legal Profession Uniform Law Act of that jurisdiction; or

(b) a law (or corresponding provision of a law) of that jurisdiction that the Standing Committee decides is a law that substantially corresponds to the provisions of this Law (see section 392(2)).

(4) In this Law, a reference to the Supreme Court of a jurisdiction (whether express or implied) is a reference--

(a) to that Supreme Court as constituted in accordance with the law of that jurisdiction, including (where applicable) a provision of the Legal Profession Uniform Law Act of that jurisdiction; or

(b) if the law of that jurisdiction, including (where applicable) a provision of the Legal Profession Uniform Law Act of that jurisdiction, provides for a particular function of that Supreme Court to be exercised by a member, part or official of that Supreme Court--to that member, part or official exercising that function.

(5) In this Law, a reference to an Australian practising certificate or Australian registration certificate "granted" in a jurisdiction is a reference to a certificate granted, issued or renewed under a law in force in the jurisdiction.

(6) Notes included in this Law (including footnotes and endnotes) are part of this Law.