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This is a Bill, not an Act. For current law, see the Acts databases.


LEGAL PROFESSION AMENDMENT (VALIDATION) BILL 2019 BILL 34 OF 2019

                                 TASMANIA

                                  __________


                LEGAL PROFESSION AMENDMENT
                    (VALIDATION) BILL 2019
                                  __________

                                 CONTENTS
          1.   Short title
          2.   Commencement
          3.   Principal Act
          4.   Section 361 amended (Application to Minister for payment from
               Guarantee Fund)
          5.   Repeal of Act




[Bill 34]-VI

 


 

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LEGAL PROFESSION AMENDMENT (VALIDATION) BILL 2019 This Public Bill originated in the House of Assembly, and, having this day passed, is now ready for presentation to the Legislative Council for its concurrence. SHANE DONNELLY, Clerk of the House 12 September 2019 (Brought in by the Minister for Justice, the Honourable Elise Nicole Archer) A BILL FOR An Act to amend the Legal Profession Act 2007 Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: 1. Short title This Act may be cited as the Legal Profession Amendment (Validation) Act 2019. 2. Commencement This Act commences on the day on which this Act receives the Royal Assent. [Bill 34] 3

 


 

Legal Profession Amendment (Validation) Act 2019 Act No. of 2019 s. 3 3. Principal Act In this Act, the Legal Profession Act 2007* is referred to as the Principal Act. 4. Section 361 amended (Application to Minister for payment from Guarantee Fund) Section 361 of the Principal Act is amended as follows: (a) by omitting from subsection (2) "may invite -" and substituting "may invite a relevant person including, but not limited to -"; (b) by omitting from subsection (2)(a) "as the Minister may approve"; (c) by omitting from subsection (2)(b) "Tasmania; and" and substituting "Tasmania -"; (d) by omitting paragraph (c) from subsection (2); (e) by omitting from subsection (3) "made" and substituting "invited to be made"; (f) by inserting the following subsections after subsection (7): (8) An application made in respect of, or an approval of, a grant of money under subsection (5), _______________________________________________________________ *No. 24 of 2007 4

 


 

Legal Profession Amendment (Validation) Act 2019 Act No. of 2019 s. 4 before the commencement of the Legal Profession Amendment (Validation) Act 2019, is not invalid solely on the basis that the application was made by or on behalf of, or the approval was granted in respect of, a person, or body, that meets one or more of the following: (a) the person, or body, provided legal services, or other law related assistance or services, other than as part of a legal assistance scheme; (b) the person or body was a relevant person; (c) the body was not a person. (9) In this section - Government Agency means the following: (a) a Government department within the meaning of the State Service Act 2000; (b) an incorporated or unincorporated body that - 5

 


 

Legal Profession Amendment (Validation) Act 2019 Act No. of 2019 s. 4 (i) is established, constituted or continued by or under an Act or under the royal prerogative; and (ii) is, or has a governing authority that is, wholly or partly comprised of a person or persons appointed by the Governor, a Minister of the Crown or other such body; relevant person includes, but is not limited to - (a) a Government Agency; and (b) a court, tribunal or similar person or body acting judicially; and (c) a person or body, however constituted, that provides either or both of the following: 6

 


 

Legal Profession Amendment (Validation) Act 2019 Act No. of 2019 s. 5 (i) legal services or other law related assistance or services; (ii) advice, or opinions, recommendations or reviews, on legal or law related matters affecting the State; and (d) such other persons or bodies as may be prescribed. 5. Repeal of Act This Act is repealed on the first anniversary of the day on which it commences.

 


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