(1) If any person
(whether or not a legal practitioner) with a view to attracting business,
falsely pretends to be the holder of any degree, diploma or certificate in law
or adopts any style that leads reasonably to the false inference that the
person holds any degree, diploma or certificate in law, the person is guilty
of an offence.
Maximum penalty: $10 000.
(2) If a person
(whether or not a legal practitioner) holds out an unqualified person as being
entitled to practise the profession of the law, the person is guilty of an
offence.
Maximum penalty: $10 000.
(3) If a legal
practitioner—
(a)
permits or aids an unqualified person to practise the profession of the law,
or acts in collusion with an unqualified person so as to enable that person to
practise the profession of the law; or
(b)
enters into an agreement or an arrangement with an unqualified person under
which the unqualified person is entitled to share in the profits arising from
the practice of the law (otherwise than as permitted by this Act, or as may be
authorised by the Society),
the practitioner is guilty of an offence.
Maximum penalty: $10 000.
(4) To avoid doubt,
subsection (3)(b) does not apply to a legal practitioner who enters into
an agreement or an arrangement with an Australian-registered foreign lawyer
under which the Australian-registered foreign lawyer is entitled to share in
the profits arising from the practice of foreign law in accordance with
Schedule 1A.