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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Legal Practitioners)
Bill 2014
A BILL FOR
An Act to amend the Fair
Trading Act 1987 and the Legal
Practitioners Act 1981.
Contents
Part 1—Preliminary
1Short title
2Commencement
3Amendment
provisions
Part 2—Amendment of Fair Trading
Act 1987
4Insertion of section
25A
25AApplication of
Australian Consumer Law (SA) to bills under Legal Practitioners
Act 1981
Part 3—Amendment of Legal
Practitioners Act 1981
5Amendment of section
5—Interpretation
6Amendment of section 57—Fidelity
Fund
7Amendment of section 77H—Report on
investigation
8Amendment of section 95—Application of
certain revenues
9Amendment of Schedule 4—Investigatory
powers
Schedule 1—Transitional
provision
1Fidelity Fund
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Legal Practitioners)
Act 2014.
This Act will come into operation—
(a) on the day on which it is assented to by the Governor; or
(b) immediately after Part 2 of the Legal
Practitioners (Miscellaneous) Amendment Act 2013 comes into
operation,
whichever occurs later.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Fair Trading
Act 1987
Before section 26 insert:
25A—Application of Australian Consumer Law (SA) to
bills under Legal Practitioners Act 1981
Section 101 of the Australian Consumer Law (SA) does not apply to
a contract for the provision of legal services to which the Legal
Practitioners Act 1981 applies.
Part 3—Amendment
of Legal Practitioners
Act 1981
5—Amendment
of section 5—Interpretation
Section 5(1)—after the definition of corporation
insert:
corresponding authority means—
(a) a person or body having powers or functions under a corresponding law;
or
(b) when used in the context of a person or body having powers or
functions under this Act (the local authority)—
(i) a person or
body having corresponding powers or functions under a corresponding law;
and
(ii) without limiting
subparagraph (i),
if the powers or functions of the local authority relate to local legal
practitioners generally or are limited to any particular class of local legal
practitioners—a person or body having corresponding powers or functions
under a corresponding law regardless of whether they relate to interstate legal
practitioners generally or are limited to any particular class of interstate
legal practitioners;
6—Amendment
of section 57—Fidelity Fund
(1) Section 57(3)(c) and (ca)—delete paragraphs (c)
and (ca) and substitute:
(c) the money credited by the Society to the Fidelity Fund under
section 95; and
(2) Section 57(4)—after paragraph (l) insert:
(la) the payment of the salaries and related expenses of the Commissioner
and his or her staff;
7—Amendment
of section 77H—Report on investigation
Section 77H(2)—after "committed" insert:
by a legal practitioner or former legal practitioner
8—Amendment
of section 95—Application of certain
revenues
Section 95(1)—after "practising certificate fees"
insert:
, fees paid by corporations under Schedule 1 clauses 4(1)
and 5(2)
9—Amendment
of Schedule 4—Investigatory powers
(1) Schedule 4, clause 19(2)—delete "or a person employed
or engaged on work related to the affairs of the Commissioner" and
substitute:
or the Council, or a person employed or engaged on work related to the
affairs of the Commissioner,
(2) Schedule 4, clause 19(3)—delete "or complaint
investigation" and substitute:
, complaint investigation or ILP compliance audit
Schedule 1—Transitional
provision
Money in the Fidelity Fund (within the meaning of the Legal
Practitioners Act 1981) may be applied for the purpose of
reimbursing the expenses incurred by the Crown in funding the establishment and
operation of the Office of the Legal Profession Conduct Commissioner, including
the costs associated with the salaries and related expenses of the Commissioner
and his or her staff, in the period commencing 1 February 2014 (the
Commissioner's date of appointment) and ending on the day on which this clause
comes into operation.