New South Wales Consolidated Acts
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LEGAL PROFESSION UNIFORM LAW APPLICATION ACT 2014 - SECT 38
Fee for practising certificate
38 Fee for practising certificate
(1) A fee is payable for the grant or renewal of a
local practising certificate of such amount as is determined by the
appropriate Council and approved by the Attorney General.
(2) A Council may
determine different practising certificate fees according to different factors
that are specified in the determination and approved by the Attorney General.
(3) A Council may waive or postpone payment of the practising certificate fee
or any part of the fee.
(4) Subject to the local regulations (if any), a
Council is to determine the practising certificate fee on a cost recovery
basis, with the fee being such amount as is required from time to time for the
purpose of recovering the costs of or associated with the regulatory functions
of the Council or of the Bar Association or Law Society, as the case requires.
(5) The regulatory functions of a Council, the Bar Association or the
Law Society are its functions under this Act, and any other functions it
exercises that are associated with the regulation of legal practice or
maintaining professional standards of legal practice.
(6) The practising
certificate fee is not to include any charge for membership of the
Bar Association or Law Society and is not to include any amount that is
required for the purpose of recovering any costs of or associated with
providing services or benefits to which local legal practitioners become
entitled as members of the Bar Association or Law Society.
(7) In addition,
in determining the practising certificate fee, a Council must exclude costs
that are otherwise recoverable under this Act (for example, costs payable from
the Public Purpose Fund under this Act).
(8) The local regulations may make
provision for or with respect to the determination of practising certificate
fees, including by specifying the costs that may or may not be recovered by
the charging of practising certificate fees.
(9) In this section--
"costs" includes expenses.
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