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


LEGAL PROFESSION (MISCELLANEOUS AND CONSEQUENTIAL AMENDMENTS) BILL 68 OF 2007

                                       TASMANIA

                                       __________


               LEGAL PROFESSION (MISCELLANEOUS AND
               CONSEQUENTIAL AMENDMENTS) BILL 2007
                                       __________

                                       CONTENTS
          1.        Short title
          2.        Commencement
          3.        Section 226(1) amended (Rules)
          4.        Section 661 amended (Repeal and rescission)
          5.        Consequential Amendments
          6.        Effect of certain consequential amendments
          Schedule 1 - Consequential Amendments




[Bill 68]-I

 


 

2

 


 

LEGAL PROFESSION (MISCELLANEOUS AND CONSEQUENTIAL AMENDMENTS) BILL 2007 (Brought in by the Minister for Justice and Workplace Relations, the Honourable Steven Kons) A BILL FOR An Act to amend the Legal Profession Act 2007 and to amend certain Acts and statutory rules consequential on the enactment of that Act Be it enacted by His 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 (Miscellaneous and Consequential Amendments) Act 2007. 2. Commencement The provisions of this Act commence on a day or days to be proclaimed. 3. Section 226(1) amended (Rules) Section 226(1) of the Legal Profession Act 2007 is amended by omitting "Board" and substituting "prescribed authority". [Bill 68] 3

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of s. 4 4. Section 661 amended (Repeal and rescission) Section 661 of the Legal Profession Act 2007 is amended by omitting subsection (1) and substituting the following subsection: (1) A provision of the Legal Profession Act 1993 is repealed to the extent and from the day fixed by proclamation in respect of that provision. 5. Consequential Amendments The legislation specified in Schedule 1 is amended as specified in that Schedule. 6. Effect of certain consequential amendments The amendment by this Act of a provision of any regulations, rules or by-laws made under any Act does not prevent that provision or any other provision of those regulations, rules or by-laws from being amended or rescinded by any subsequent regulations, rules or by-laws. 4

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 SCHEDULE 1 - CONSEQUENTIAL AMENDMENTS Section 5 Acts Interpretation Act 1931 1. Section 46 is amended by inserting before the definition of "authorised deposit-taking institution" the following definitions: "Australian lawyer" has the same meaning as in the Legal Profession Act 2007; "Australian legal practitioner" has the same meaning as in the Legal Profession Act 2007; Animal (Brands and Movement) Regulations 2003 1. Regulation 21(7) is amended by omitting "a legal practitioner" and substituting "an Australian legal practitioner". Annulled Convictions Act 2003 1. Schedule 1 is amended by omitting "a legal practitioner under Part 5 of the Legal Profession Act 1993" from clause 6 of Part 1 and substituting "an Australian lawyer". 5

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 Anti-Discrimination Act 1998 1. Section 12 is amended as follows: (a) by omitting from subsection (1)(c) "a legal practitioner of not less than 7 years' standing" and substituting "an Australian lawyer of not less than 7 years' standing as an Australian legal practitioner"; (b) by omitting from subsection (2) "a legal practitioner of not less than 7 years' standing" and substituting "an Australian lawyer of not less than 7 years' standing as an Australian legal practitioner"; (c) by omitting from subsection (3)(a) "a legal practitioner of not less than 7 years' standing" and substituting "an Australian lawyer of not less than 7 years' standing as an Australian legal practitioner". Appeal Costs Fund Act 1968 1. Section 15(1)(c) is amended as follows: (a) by omitting "legal practitioners" first occurring and substituting "Australian legal practitioners"; (b) by omitting "legal practitioners" second occurring and substituting "Australian legal practitioners"; 6

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 (c) by omitting from subparagraph (i) "legal practitioners" and substituting "Australian legal practitioners"; (d) by omitting from subparagraph (ii) "legal practitioners" and substituting "Australian legal practitioners". 2. Section 18 is amended by omitting "solicitor" twice occurring and substituting "Australian legal practitioner". Australian Crime Commission (Tasmania) Act 2004 1. Section 3(1) is amended by inserting after the definition of "issuing officer" the following definition: "legal practitioner" means an Australian legal practitioner; Building Act 2000 1. Section 223(a) is amended by omitting "a legal practitioner" and substituting "an Australian legal practitioner". 7

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 Children, Young Persons and Their Families Act 1997 1. Section 56 is amended by omitting "a legal practitioner" and substituting "an Australian legal practitioner". 2. Section 59 is amended as follows: (a) by omitting from subsection (1)(a) "a legal practitioner" and substituting "an Australian legal practitioner"; (b) by omitting from subsection (3)(a) "a legal practitioner" and substituting "an Australian legal practitioner"; (c) by omitting from subsection (3) "a legal practitioner" second occurring and substituting "an Australian legal practitioner"; (d) by omitting from subsection (4) "a legal practitioner" and substituting "an Australian legal practitioner". Chiropractors and Osteopaths Registration Act 1997 1. Clause 6 of Schedule 3 is amended as follows: (a) by omitting from subclause (1) "a legal practitioner" and substituting "an Australian legal practitioner"; 8

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 (b) by omitting from subclause (2) "a legal practitioner" and substituting "an Australian legal practitioner"; (c) by omitting from subclause (3) "a legal practitioner" and substituting "an Australian legal practitioner". Commercial Arbitration Act 1986 1. Section 20 is amended as follows: (a) by omitting from subsection (5) "Legal Profession Act 1993" and substituting "Legal Profession Act 2007"; (b) by omitting from subsection (6)(a) "a person who is admitted or entitled to practise as a barrister, solicitor or legal practitioner in Tasmania or in any other place, whether within or outside Australia" and substituting "an Australian lawyer or Australian legal practitioner". 2. Section 34(1)(c) is amended by omitting "solicitor" and substituting "Australian legal practitioner". 9

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 Companies Auditors and Liquidators Disciplinary Board Act 1982 1. Section 4(2) is amended by omitting paragraph (a) and substituting the following paragraph: (a) one shall be an Australian lawyer who has practised as an Australian legal practitioner for not less than 5 years; 2. Section 5(2) is amended by omitting "a legal practitioner who has practised as such for not less than 5 years" and substituting "an Australian lawyer who has practised as an Australian legal practitioner for not less than 5 years". Conveyancing Act 2004 1. Section 3(1) is amended by omitting the definition of "legal practitioner" and substituting the following definition: "legal practitioner" means an Australian legal practitioner; 2. Section 5(1)(d) is amended by omitting "Legal Profession Act 1993" and substituting "Legal Profession Act 2007 or a corresponding law within the meaning of that Act". 10

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 Conveyancing Regulations 2005 1. Regulation 5(b) is amended by omitting "legal practitioner's office" and substituting "law practice, within the meaning of the Legal Profession Act 2007,". Conveyancing and Law of Property Act 1884 1. Section 5(1)(b) is amended by omitting "solicitor" three times occurring and substituting "Australian legal practitioner". 2. Section 8 is amended by omitting "solicitor" twice occurring and substituting "Australian legal practitioner". 3. Section 69(1) is amended as follows: (a) by omitting "a solicitor" and substituting "an Australian legal practitioner"; (b) by omitting "the solicitor" twice occurring and substituting "the Australian legal practitioner". 4. Section 84 is amended as follows: 11

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 (a) by omitting from subsection (1) "a solicitor" and substituting "an Australian legal practitioner"; (b) by omitting from subsection (3) "the solicitor" and substituting "the Australian legal practitioner"; (c) by omitting from subsection (4) "a solicitor" and substituting "an Australian legal practitioner". 5. Section 87(1) is amended by omitting "the solicitor" and substituting "the Australian legal practitioner". Cooperatives Act 1999 1. Section 349(1)(a) is amended by omitting "solicitors" and substituting "Australian legal practitioners". 2. Section 396(2)(a) is amended by omitting "solicitor" and substituting "Australian legal practitioner". 3. Section 404 is amended as follows: 12

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 (a) by omitting from subsection (1) "A legal practitioner" and substituting "An Australian legal practitioner"; (b) by omitting from subsection (1)(a) "legal practitioner" first occurring and substituting "Australian legal practitioner"; (c) by omitting from subsection (1)(a) "a legal practitioner" and substituting "an Australian legal practitioner"; (d) by omitting from subsection (1)(b) "legal practitioner" first occurring and substituting "Australian legal practitioner"; (e) by omitting from subsection (1)(b) "legal practitioner" second occurring and substituting "Australian legal practitioner"; (f) by omitting from subsection (1)(b) "a legal practitioner" and substituting "an Australian legal practitioner"; (g) by omitting from subsection (2) "legal practitioner" and substituting "Australian legal practitioner"; (h) by omitting from subsection (3) "legal practitioner" twice occurring and substituting "Australian legal practitioner"; 13

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 (i) by omitting from subsection (4) "legal practitioner" first occurring and substituting "Australian legal practitioner"; (j) by omitting from subsection (4)(a) "legal practitioner" and substituting "Australian legal practitioner". 4. Section 406 is amended by omitting "solicitor" from paragraph (b) of the definition of "involved person" and substituting "Australian legal practitioner". 5. Section 409(1) is amended by omitting "A legal practitioner" and substituting "An Australian legal practitioner". 6. Section 410 is amended as follows: (a) by omitting from subsection (1) "a legal practitioner" twice occurring and substituting "an Australian legal practitioner"; (b) by omitting from subsection (1) "legal practitioner" second occurring and substituting "Australian legal practitioner"; 14

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 (c) by omitting from subsection (2) "legal practitioner" twice occurring and substituting "Australian legal practitioner"; (d) by omitting from subsection (3) "legal practitioner" first occurring and substituting "Australian legal practitioner"; (e) by omitting from subsection (3)(a) "legal practitioner" and substituting "Australian legal practitioner". 7. Section 413 is amended as follows: (a) by omitting from subsection (3) "a legal practitioner" and substituting "an Australian legal practitioner"; (b) by omitting from subsection (3) "legal practitioner" second occurring and substituting "Australian legal practitioner"; (c) by omitting from subsection (4) "A legal practitioner" and substituting "An Australian legal practitioner". 8. Section 430(3)(c) is amended by omitting "a legal practitioner" and substituting "an Australian legal practitioner". 15

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 9. Clause 7(2)(n) of Schedule 5 is amended by omitting "a solicitor" and substituting "an Australian legal practitioner". Coroners Act 1995 1. Section 52(4) is amended by omitting "a barrister, or a legal practitioner, within the meaning of the Legal Profession Act 1993" and substituting "an Australian legal practitioner". Corporations (Tasmania) Act 1990 1. Section 48 is amended by omitting "a barrister or a solicitor, or as both a barrister and a solicitor," and substituting "an Australian legal practitioner". 2. Section 60(1) is amended by omitting "solicitor" from paragraph (b)(i) of the definition of "eligible person" and substituting "Australian legal practitioner". Corrections Act 1997 1. Section 3 is amended by omitting `a person referred to in paragraph (a) of the definition of "legal practitioner" in section 3 of the Legal Profession Act 1993' from the definition of 16

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 "legal practitioner" and substituting "an Australian legal practitioner". 2. Section 62(2)(a) is amended as follows: (a) by omitting "or barrister of the Supreme Court or of a Supreme Court of any part of the Commonwealth other than this State"; (b) by omitting "that Court" and substituting "a Supreme Court". 3. Clause 6(2)(d)(ii) of Schedule 2 is amended by omitting "from the roll of barristers or legal practitioners kept by the Supreme Court" and substituting "from an Australian roll within the meaning of the Legal Profession Act 2007". Council of Law Reporting Act 1990 1. Section 5(1) is amended as follows: (a) by omitting from paragraph (c) "a barrister or legal practitioner within the meaning of the Legal Profession Act 1993" and substituting "an Australian lawyer"; (b) by omitting from paragraph (d) "a barrister or legal practitioner within the meaning of the Legal Profession Act 17

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 1993" and substituting "an Australian lawyer". 2. Clause 6 of Schedule 1 is amended as follows: (a) by omitting from paragraph (b) "a barrister or legal practitioner within the meaning of the Legal Profession Act 1993" and substituting "an Australian lawyer"; (b) by omitting from paragraph (c) "a barrister or legal practitioner within the meaning of the Legal Profession Act 1993" and substituting "an Australian lawyer". Crime (Confiscation of Profits) Act 1993 1. Section 4(1) is amended by omitting "a legal practitioner or barrister within the meaning of the Legal Profession Act 1993" from paragraph (a) of the definition of "authorized officer" and substituting "an Australian legal practitioner". 2. Section 57 is amended as follows: (a) by omitting from subsection (2)(c) "a barrister or solicitor" and substituting "an Australian legal practitioner"; 18

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 (b) by omitting from subsection (3)(a)(iii) "a barrister or solicitor" and substituting "an Australian legal practitioner". Criminal Code Act 1924 1. Schedule 1 is amended as follows: (a) by omitting from section 254(1) "solicitor" and substituting "Australian legal practitioner"; (b) by omitting from section 348(13)(b) "legal practitioner" and substituting "Australian legal practitioner"; (c) by omitting from section 368A(5) "solicitor" and substituting "Australian legal practitioner"; (d) by omitting from section 388AA(6)(b) "a legal practitioner" and substituting "an Australian legal practitioner"; (e) by omitting from section 388A(8) "barrister" and substituting "Australian legal practitioner". Criminal Justice (Mental Impairment) Act 1999 1. Section 39B(3)(b) is amended by omitting "legal practitioner" and substituting "Australian legal practitioner". 19

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 Criminal Law (Detention and Interrogation) Act 1995 1. Section 3(1) is amended by omitting the definition of "legal practitioner" and substituting the following definition: "legal practitioner" means an Australian legal practitioner; Crown Lands (Shack Sites) Act 1997 1. Clause 2(3) of Schedule 2 is amended by omitting "a legal practitioner" and substituting "an Australian legal practitioner". Crown Proceedings Act 1993 1. Section 4 is amended by omitting "a legal practitioner within the meaning of the Legal Profession Act 1993" from the definition of "practitioner" and substituting "an Australian legal practitioner". Debtors Act 1870 1. Section 3(d) is amended by omitting "attorney or solicitor" and substituting "Australian legal practitioner". 20

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 Dental Practitioners Registration Act 2001 1. Clause 6 of Schedule 3 is amended as follows: (a) by omitting from subclause (1) "a legal practitioner" and substituting "an Australian legal practitioner"; (b) by omitting from subclause (2) "a legal practitioner" and substituting "an Australian legal practitioner"; (c) by omitting from subclause (3) "a legal practitioner" and substituting "an Australian legal practitioner"; (d) by omitting from subclause (4) "a legal practitioner" and substituting "an Australian legal practitioner". Dental Prosthetists Registration Act 1996 1. Clause 6 of Schedule 3 is amended as follows: (a) by omitting from subclause (1) "a legal practitioner" and substituting "an Australian legal practitioner"; (b) by omitting from subclause (2) "a legal practitioner" and substituting "an Australian legal practitioner"; 21

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 (c) by omitting from subclause (3) "a legal practitioner" and substituting "an Australian legal practitioner". Director of Public Prosecutions Act 1973 1. Section 2 is amended by omitting "a legal practitioner within the meaning of the Legal Profession Act 1993" from the definition of "practitioner" and substituting "an Australian legal practitioner". 2. Section 4 is amended by omitting subsection (2) and substituting the following subsection: (2) A person is not eligible for appointment as Director unless he or she is an Australian lawyer of not less than 7 years' standing as a practitioner. 3. Section 12(1)(c) is amended by omitting "solicitor" and substituting "practitioner". Disability Services Act 1992 1. Section 9(1) is amended by omitting paragraph (a) and substituting the following paragraph: (a) an Australian lawyer; and 22

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 Environmental Management and Pollution Control Act 1994 1. Schedule 5A is amended by omitting "a legal practitioner, barrister, solicitor or barrister and solicitor of the High Court or the Supreme Court of a State" from clause 13(1)(b) of Part 3 and substituting "an Australian legal practitioner". Evidence (Audio and Audio Visual Links) Act 1999 1. Section 10 is repealed and the following section is substituted: 10. Counsel entitled to practise A person who is entitled to practise as an Australian legal practitioner in a participating State is entitled to practise as an Australian legal practitioner - (a) in relation to the examination in chief, cross-examination or re- examination of a witness in the participating State whose evidence is being given by audio link or audio visual link in a proceeding before a Tasmanian court; and (b) in relation to the making of submissions by audio link or audio visual link from the participating State in a 23

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 proceeding before a Tasmanian court. 2. Section 16(2) is amended by omitting "a legal practitioner" twice occurring and substituting "an Australian legal practitioner". 3. Section 19 is amended as follows: (a) by omitting from paragraph (a)(i) "a legal practitioner" and substituting "an Australian legal practitioner"; (b) by omitting from paragraph (b)(iii) "a legal practitioner" and substituting "an Australian legal practitioner". Evidence Act 2001 1. Section 3(1) is amended by omitting "a legal practitioner within the meaning of the Legal Profession Act 1993" from the definition of "lawyer" and substituting "an Australian legal practitioner". Family Violence Act 2004 1. Section 31 is amended as follows: 24

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 (a) by omitting from subsection (2)(b) "a legal practitioner" and substituting "an Australian legal practitioner"; (b) by omitting from subsection (3) "a legal practitioner" and substituting "an Australian legal practitioner". Fire Damage Relief Act 1967 1. Section 2 is amended by inserting after the definition of "fires" the following definition: "legal practitioner" means an Australian legal practitioner; 2. Section 14(5)(b) is amended by omitting "solicitor" and substituting "legal practitioner". Forensic Procedures Act 2000 1. Section 16(3) is amended by omitting "a legal practitioner" and substituting "an Australian legal practitioner". 2. Section 33(1)(a) is amended by omitting "a legal practitioner" and substituting "an Australian legal practitioner". 25

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 Forest Practices Act 1985 1. Section 34(2)(a) is amended as follows: (a) by omitting "of barristers or legal practitioners" and substituting "of Australian lawyers"; (b) by omitting "as barristers or legal practitioners" and substituting "as Australian legal practitioners". 2. Section 37(8) is amended by omitting "a barrister or a legal practitioner" and substituting "an Australian legal practitioner". Freedom of Information Act 1991 1. Section 5(1) is amended by omitting "Legal Profession Act 1993" from paragraph (f) of the definition of "prescribed authority" and substituting "Legal Profession Act 2007". 2. Section 29(2) is amended by omitting "a lawyer" and substituting "an Australian legal practitioner". 3. Section 32B is repealed and the following section is substituted: 26

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 32B. Information relating to Law Society (1) Before the commencement of Chapter 5 of the Legal Profession Act 2007, without limiting the application of any other exemption under this Act, information contained in records in the possession of the Law Society is exempt information unless it relates to the performance and exercise of the functions and powers under Parts 8 and 9 of the Legal Profession Act 1993. (2) After the commencement of Chapter 5 of the Legal Profession Act 2007, without limiting the application of any other exemption under this Act, information contained in records in the possession of the Law Society is exempt information unless it relates to the performance and exercise of functions and powers of the Law Society as a prescribed authority under Part 3.2 of Chapter 3 and Chapter 5 of that Act. (3) For the purposes of this section, "Law Society" means the Law Society of Tasmania established under the Law Society Act 1962 and continued as a body corporate under the Legal Profession Act 2007. 27

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 Girl Guides' Association Act 1957 1. Section 9(3) is amended by omitting "a barrister or solicitor" and substituting "an Australian legal practitioner". Guardianship and Administration Act 1995 1. Section 7(2)(a) is amended by omitting "a qualified legal practitioner of not less than 7 years' standing" and substituting "an Australian lawyer of not less than 7 years' standing as an Australian legal practitioner". 2. Section 10 is amended by omitting "a duly qualified legal" and substituting "an Australian legal practitioner". 3. Section 81A(4) is amended by omitting "a legal practitioner" and substituting "an Australian legal practitioner". Hospitals Act 1918 1. Section 70H(2)(a) is amended by omitting "a legal practitioner" and substituting "an Australian legal practitioner". 28

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 Industrial Relations Act 1984 1. Section 5(4)(b)(i) is amended by omitting "a barrister or solicitor of the High Court, or of the Supreme Court of a State or Territory of the Commonwealth" and substituting "an Australian legal practitioner". 2. Section 28 is amended as follows: (a) by omitting paragraph (b) from subsection (5) and substituting the following paragraph: (b) an interstate legal practitioner and an Australian-registered foreign lawyer. (b) by omitting subsection (7) and substituting the following subsection: (7) In this section - "Australian-registered foreign lawyer" means an Australian-registered foreign lawyer within the meaning of the Legal Profession Act 2007; "barrister" means a barrister within the meaning of the Legal Profession Act 2007; 29

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 "interstate legal practitioner" means an interstate legal practitioner within the meaning of the Legal Profession Act 2007; "practitioner" means an Australian legal practitioner. Juries Act 2003 1. Section 31 is amended as follows: (a) by omitting from subsection (3) "legal practitioner" and substituting "Australian legal practitioner"; (b) by omitting from subsection (4) "legal practitioner" and substituting "Australian legal practitioner". 2. Section 58(4)(b) is amended by omitting "a legal practitioner" and substituting "an Australian legal practitioner". 3. Schedule 2 is amended by omitting item 3 and substituting the following item: 3. An Australian legal practitioner. 30

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 Jurisdiction of Courts (Cross-vesting) Act 1987 1. Section 5(8) is amended by omitting "a barrister or a solicitor, or as both a barrister and a solicitor," and substituting "an Australian legal practitioner". Justices Act 1959 1. Section 47(12)(b) is amended by omitting "legal practitioner" and substituting "Australian legal practitioner". 2. Section 106E(1A)(b) is amended by omitting "a legal practitioner" and substituting "an Australian legal practitioner". 3. Section 130 is amended as follows: (a) by omitting from subsection (1) "attorney or solicitor" and substituting "Australian legal practitioner"; (b) by omitting from subsection (3) "attorney or solicitor" twice occurring and substituting "Australian legal practitioner". 4. Section 134 is amended as follows: 31

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 (a) by omitting from subsection (1)(b) "solicitor" and substituting "Australian legal practitioner"; (b) by omitting from subsection (2) "solicitor" and substituting "Australian legal practitioner". Land Acquisition Act 1993 1. Section 3(1) is amended as follows: (a) by inserting the following definition after the definition of "lease": "legal practitioner" means an Australian legal practitioner; (b) by omitting the definition of "solicitor". 2. Section 18(3)(c) is amended by omitting "solicitor" and substituting "legal practitioner". 3. Section 48(2) is amended by omitting "solicitor" and substituting "legal practitioner". 4. Section 60(3) is amended by omitting "solicitor" and substituting "legal practitioner". 32

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 5. Section 81(2)(b) is amended as follows: (a) by omitting from subparagraph (ii) "solicitor" and substituting "legal practitioner"; (b) by omitting from subparagraph (iii) "solicitor" and substituting "legal practitioner". Land Titles Act 1980 1. Section 3(1) is amended by omitting the definition of "legal practitioner" and substituting the following definition: "legal practitioner" means an Australian legal practitioner; 2. Section 4(2) is amended by omitting paragraph (b) and substituting the following paragraph: (b) an Australian lawyer who has been a legal practitioner for at least 5 years. 3. Section 17 is amended as follows: (a) by omitting from subsection (1)(c) "solicitor" and substituting "legal practitioner"; 33

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 (b) by omitting from subsection (1A)(a) "solicitor" and substituting "legal practitioner". 4. Section 28 is amended as follows: (a) by omitting from subsection (12) "solicitor" and substituting "legal practitioner"; (b) by omitting from subsection (13)(a) "solicitor" and substituting "legal practitioner". 5. Section 32(2)(b) is amended by omitting "a solicitor" and substituting "a legal practitioner". 6. Section 50(15) is amended by omitting "solicitor" twice occurring and substituting "legal practitioner". 7. Section 52(1)(d) is amended by omitting "solicitor" and substituting "legal practitioner". 8. Section 129(4)(b) is amended by omitting "solicitor" and substituting "legal practitioner". 34

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 9. Section 133 is amended as follows: (a) by omitting from subsection (2) "solicitor" and substituting "legal practitioner"; (b) by omitting from subsection (4) "solicitor" and substituting "legal practitioner"; (c) by omitting from subsection (5)(a)(ii) "solicitor" and substituting "legal practitioner"; (d) by omitting from subsection (5)(h) "solicitor" and substituting "legal practitioner"; (e) by omitting from subsection (6) "solicitor" twice occurring and substituting "legal practitioner". 10. Section 170(2)(b) is amended by omitting "solicitor" and substituting "legal practitioner". Landlord and Tenant Act 1935 1. Section 46 is amended as follows: (a) by omitting from subsection (1) "solicitor" and substituting "Australian legal practitioner"; 35

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 (b) by omitting from subsection (2) "a legal practitioner" and substituting "an Australian legal practitioner". Legal Aid Commission Act 1990 1. Section 3 is amended as follows: (a) by omitting "Legal Profession Act 1993" from the definition of "Law Society" and substituting "Legal Profession Act 2007"; (b) by omitting "a legal practitioner within the meaning of the Legal Profession Act 1993" from the definition of "legal practitioner" and substituting "an Australian legal practitioner". 2. Section 24(4)(a)(i) is amended by omitting "Legal Profession Act 1993" and substituting "Legal Profession Act 2007". Local Government (Building and Miscellaneous Provisions) Act 1993 1. Section 3(1) is amended by inserting after the definition of "inhabit" the following definition: "legal practitioner" means an Australian legal practitioner; 36

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 2. Section 104(2)(b) is amended by omitting "barristers, solicitors" and substituting "legal practitioners". Local Government (General) Regulations 2005 1. Regulation 22R(a) is amended by omitting "a legal practitioner" and substituting "an Australian legal practitioner". Local Government (Highways) Act 1982 1. Section 60(11)(b) is amended by omitting "a solicitor" and substituting "an Australian lawyer". Local Government Act 1993 1. Section 3 is amended by inserting after the definition of "joint authority" the following definition: "legal practitioner" means an Australian legal practitioner; 2. Section 28H(2)(b) is amended by omitting "a legal practitioner" and substituting "an Australian lawyer". 37

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 3. Section 32 is amended as follows: (a) by omitting from subsection (2) "qualified"; (b) by omitting from subsection (3)(a) "qualified". Long Service Leave (State Employees) Act 1994 1. Section 23 is amended as follows: (a) by omitting from subsection (1) "barrister or"; (b) by omitting from subsection (2) "barrister or" twice occurring; (c) by omitting the definition of "barrister" from subsection (3); (d) by omitting "a legal practitioner within the meaning of the Legal Profession Act 1993" from the definition of "practitioner" in subsection (3) and substituting "an Australian legal practitioner". Long Service Leave Act 1976 1. Section 14A is amended as follows: (a) by omitting from subsection (1) "barrister or"; 38

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 (b) by omitting from subsection (2) "barrister or"; (c) by omitting from subsection (2) "barristers or"; (d) by omitting the definition of "barrister" from subsection (3); (e) by omitting "a legal practitioner within the meaning of the Legal Profession Act 1993" from the definition of "practitioner" in subsection (3) and substituting "an Australian legal practitioner". Magistrates Court (Administrative Appeals Division) Act 2001 1. Section 3(1) is amended by omitting the definition of "legal practitioner" and substituting the following definition: "legal practitioner" means an Australian legal practitioner; Magistrates Court (Children's Division) Act 1998 1. Section 3 is amended by inserting after the definition of "guardian" the following definition: "legal practitioner" means an Australian legal practitioner; 39

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 2. Section 14(3) is amended by omitting "Legal Profession Act 1993" and substituting "Legal Profession Act 2007". Magistrates Court (Civil Division) Act 1992 1. Section 3 is amended as follows: (a) by inserting the following definition after the definition of "district": "law practice" has the same meaning as in the Legal Profession Act 2007; (b) by omitting "a legal practitioner within the meaning of the Legal Profession Act 1993" from the definition of "practitioner" and substituting "an Australian legal practitioner". 2. Section 11(1) is amended by omitting "solicitors" and substituting "practitioners". 3. Section 36(3) is amended by omitting "Part 6 and Part 7 of the Legal Profession Act 1993" and substituting "the Legal Profession Act 2007". 40

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 Magistrates Court Act 1987 1. Section 8(1) is amended by omitting "a legal practitioner within the meaning of the Legal Profession Act 1993 of not less than 5 years' standing" and substituting "an Australian lawyer of not less than 5 years' standing as an Australian legal practitioner". 2. Section 12(a) is amended by omitting "a practitioner or barrister of the Supreme Court" and substituting "an Australian legal practitioner". Marine Farming Planning Act 1995 1. Section 49(2)(a) is amended by omitting "a qualified legal practitioner" and substituting "an Australian legal practitioner". Marine Safety (Misuse of Alcohol) Act 2006 1. Section 34(6) is amended by omitting "a legal practitioner" and substituting "an Australian legal practitioner". 2. Section 35 is amended as follows: 41

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 (a) by omitting from subsection (3)(b) "a legal practitioner" and substituting "an Australian legal practitioner"; (b) by omitting from subsection (6)(b)(i) "legal practitioner" and substituting "Australian legal practitioner". Medical Practitioners Registration Act 1996 1. Section 3(1) is amended by omitting the definition of "legal practitioner" and substituting the following definition: "legal practitioner" means an Australian legal practitioner; 2. Section 6(1) is amended as follows: (a) by omitting from paragraph (b) "legal practitioner" and substituting "Australian lawyer"; (b) by omitting from paragraph (c) "legal practitioner" and substituting "Australian lawyer". 3. Clause 4 of Schedule 1 is amended as follows: (a) by omitting from subclause (5) "a legal practitioner" and substituting "an Australian lawyer"; 42

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 (b) by omitting from subclause (6) "legal practitioner" and substituting "Australian lawyer". Medical Radiation Science Professionals Registration Act 2000 1. Clause 6 of Schedule 3 is amended as follows: (a) by omitting from subclause (1) "a legal practitioner" and substituting "an Australian legal practitioner"; (b) by omitting from subclause (2) "a legal practitioner" and substituting "an Australian legal practitioner"; (c) by omitting from subclause (3) "a legal practitioner" and substituting "an Australian legal practitioner"; (d) by omitting from subclause (4) "a legal practitioner" and substituting "an Australian legal practitioner". Mental Health Act 1996 1. Section 3 is amended by omitting the definition of "legal practitioner" and substituting the following definition: "legal practitioner" means an Australian legal practitioner; 43

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 2. Section 48(2)(a) is amended by omitting "a qualified legal practitioner of not less than 7 years' standing" and substituting "an Australian lawyer of not less than 7 years' standing as a legal practitioner". 3. Section 73(1) is amended by omitting ", barrister or solicitor" from paragraph (c) of the definition of "exempt correspondent". Mineral Resources Development Act 1995 1. Section 131(4)(b) is amended by omitting "a legal practitioner" and substituting "an Australian legal practitioner". Notaries Public Act 1990 1. Section 5(1) is amended as follows: (a) by omitting paragraph (a) and substituting the following paragraph: (a) is an Australian legal practitioner of not less than 5 years' standing; and (b) by omitting "a barrister or solicitor" third occurring and substituting "an Australian legal practitioner". 44

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 2. Section 7(4) is amended by omitting "legal practitioners or barristers kept under the Legal Profession Act 1993" and substituting "local lawyers, kept under the Legal Profession Act 2007 or barristers". 3. Section 11(2)(b) is amended by omitting "a barrister or solicitor" and substituting "an Australian legal practitioner". Nursing Act 1995 1. Section 3(1) is amended by omitting the definition of "legal practitioner" and substituting the following definition: "legal practitioner" means an Australian legal practitioner; Optometrists Registration Act 1994 1. Section 3(1) is amended by omitting "a legal practitioner within the meaning of the Legal Profession Act 1993" from the definition of "legal practitioner" and substituting "an Australian legal practitioner". Pharmacists Registration Act 2001 1. Clause 6 of Schedule 3 is amended as follows: 45

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 (a) by omitting from subclause (1) "a legal practitioner" and substituting "an Australian legal practitioner"; (b) by omitting from subclause (2) "a legal practitioner" and substituting "an Australian legal practitioner"; (c) by omitting from subclause (3) "a legal practitioner" and substituting "an Australian legal practitioner"; (d) by omitting from subclause (4) "a legal practitioner" and substituting "an Australian legal practitioner". Physiotherapists Registration Act 1999 1. Clause 6 of Schedule 3 is amended as follows: (a) by omitting from subclause (1) "a legal practitioner" and substituting "an Australian legal practitioner"; (b) by omitting from subclause (2) "a legal practitioner" and substituting "an Australian legal practitioner"; (c) by omitting from subclause (3) "a legal practitioner" and substituting "an Australian legal practitioner"; (d) by omitting from subclause (4) "a legal practitioner" and substituting "an Australian legal practitioner". 46

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 Plomley Trusts Act 1984 1. Section 5(4)(a) is amended by omitting "solicitors" and substituting "Australian legal practitioners". Podiatrists Registration Act 1995 1. Section 3(1) is amended by omitting "a legal practitioner within the meaning of the Legal Profession Act 1993" from the definition of "legal practitioner" and substituting "an Australian legal practitioner". Police Powers (Surveillance Devices) Act 2006 1. Section 9(6)(c) is amended by omitting "a lawyer" and substituting "an Australian legal practitioner". 2. Section 17(6)(c) is amended by omitting "a lawyer" and substituting "an Australian legal practitioner". 3. Section 25(5)(c) is amended by omitting "a lawyer" and substituting "an Australian legal practitioner". 47

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 Police Service Act 2003 1. Section 3 is amended by omitting "a legal practitioner as defined in the Legal Profession Act 1993" from the definition of "legal practitioner" and substituting "an Australian legal practitioner". Powers of Attorney Act 2000 1. Section 44 is amended by inserting after subsection (3) the following subsection: (4) For the purpose of this section - "legal practitioner" means an Australian lawyer or, in the case of execution or registration of a power of attorney outside Australia, a legal practitioner of that place of execution or registration. Prisoners (Interstate Transfer) Act 1982 1. Section 12(3)(a) is amended by omitting "a legal practitioner" and substituting "an Australian legal practitioner". 48

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 2. Section 14(2) is amended by omitting "a legal practitioner" and substituting "an Australian legal practitioner". Professional Standards Act 2005 1. Section 5(1)(b) is amended by omitting "a legal practitioner" and substituting "an Australian legal practitioner". Property Agents and Land Transactions Act 2005 1. Section 3(1) is amended by inserting after the definition of "Guarantee Fund" the following definition: "legal practitioner" means an Australian legal practitioner; 2. Section 4(3)(d) is amended by omitting "in respect of whom a practising certificate is in force under section 51 of the Legal Profession Act 1993". Property Agents and Land Transactions Regulations 2006 1. Regulation 3(1) is amended by omitting the definition of "legal practitioner". 49

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 Psychologists Registration Act 2000 1. Section 3 is amended by omitting "a person who is a legal practitioner within the meaning of the Legal Profession Act 1993" from the definition of "legal practitioner" and substituting "an Australian legal practitioner". Public Trustee Act 1930 1. Section 36(2) is amended by omitting "solicitor" and substituting "Australian legal practitioner". 2. Section 55 is amended as follows: (a) by omitting "a solicitor" and substituting "an Australian legal practitioner"; (b) by omitting "counsel or solicitor" and substituting "an Australian legal practitioner". 3. Section 59(a) is amended by omitting "a solicitor" and substituting "an Australian legal practitioner". 4. Section 71(3) is amended by omitting "solicitor" twice occurring and substituting "Australian legal practitioner". 50

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 Public Trustee Regulations 1999 1. Part 5 of Schedule 1 is amended as follows: (a) by omitting from clause 1(a) "a solicitor" and substituting "an Australian lawyer or Australian legal practitioner"; (b) by omitting from clause 2 "a solicitor" and substituting "an Australian lawyer or Australian legal practitioner". Public Trusts Act 1882 1. Section 5 is amended by omitting "a solicitor" and substituting "an Australian legal practitioner". Racing Regulation Act 2004 1. Section 3 is amended by inserting after the definition of "greyhound race" the following definition: "independent legal practitioner" means the person for the time being appointed to the office referred to in section 20; 2. Section 19 is amended as follows: 51

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 (a) by omitting from subsection (1)(b) "independent lawyer" and substituting "independent legal practitioner"; (b) by omitting from subsection (2)(b) "independent lawyer" and substituting "independent legal practitioner"; (c) by omitting from subsection (3)(b) "independent lawyer" and substituting "independent legal practitioner". 3. Section 20 is amended as follows: (a) by omitting from subsection (1)(a) "legal practitioner" and substituting "Australian legal practitioner"; (b) by omitting from subsection (1)(a) "independent lawyer" and substituting "independent legal practitioner"; (c) by omitting from subsection (1)(b) "legal practitioner" and substituting "Australian legal practitioner"; (d) by omitting from subsection (2) "independent lawyer" and substituting "independent legal practitioner"; (e) by omitting from subsection (2) "independent lawyer's" and substituting "independent legal practitioner's"; 52

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 (f) by omitting from subsection (3) "independent lawyer" and substituting "independent legal practitioner"; (g) by omitting from subsection (3) "independent lawyer's" and substituting "independent legal practitioner's"; (h) by omitting from subsection (4) "independent lawyer" twice occurring and substituting "independent legal practitioner"; (i) by omitting from subsection (4) "independent lawyer's" and substituting "independent legal practitioner's". 4. Section 23(3) is amended by omitting "legal practitioners" and substituting "Australian legal practitioners". 5. Section 30 is amended as follows: (a) by omitting from subsection (9) "a legal practitioner" and substituting "an Australian legal practitioner"; (b) by omitting from subsection (10) "a legal practitioner" and substituting "an Australian legal practitioner". 6. Section 32(2) is amended as follows: 53

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 (a) by omitting "A legal practitioner" and substituting "An Australian legal practitioner"; (b) by omitting "a barrister" and substituting "an Australian legal practitioner". 7. Schedule 3 is amended as follows: (a) by omitting the definition of "independent lawyer" from clause 1 of Part 1; (b) by omitting from clause 1 of Part 3 "independent lawyer" and substituting "independent legal practitioner"; (c) by omitting from clause 1 of Part 3 "independent lawyer's" and substituting "independent legal practitioner's"; (d) by omitting from clause 2(1) of Part 3 "independent lawyer" and substituting "independent legal practitioner"; (e) by omitting from clause 2(1)(c) of Part 3 "barristers or legal practitioners" and substituting "local lawyers"; (f) by omitting from clause 2(2) of Part 3 "independent lawyer" first occurring and substituting "independent legal practitioner"; 54

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 (g) by omitting from clause 2(2)(a) of Part 3 "independent lawyer" and substituting "independent legal practitioner"; (h) by omitting from clause 2(2)(b) of Part 3 "independent lawyer" and substituting "independent legal practitioner"; (i) by omitting from clause 2(2)(c) of Part 3 "independent lawyer" and substituting "independent legal practitioner"; (j) by omitting from clause 2(2)(d) of Part 3 "independent lawyer" and substituting "independent legal practitioner"; (k) by omitting from clause 2(2)(e) of Part 3 "independent lawyer's" and substituting "independent legal practitioner's"; (l) by omitting from clause 2(2)(e) of Part 3 "legal practitioner" and substituting "local lawyer"; (m) by omitting from clause 2(2)(f) of Part 3 "independent lawyer" and substituting "independent legal practitioner"; (n) by omitting from clause 2(2)(g) of Part 3 "independent lawyer" and substituting "independent legal practitioner"; (o) by omitting from clause 2(3)(a) of Part 3 "independent lawyer" and substituting "independent legal practitioner"; 55

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 (p) by omitting from clause 2(3)(b) of Part 3 "independent lawyer's" and substituting "independent legal practitioner's"; (q) by omitting from clause 2(3)(b) of Part 3 "independent lawyer" and substituting "independent legal practitioner"; (r) by omitting from clause 2(4) of Part 3 "independent lawyer" and substituting "independent legal practitioner"; (s) by omitting the definition of "independent lawyer" from clause 2(5) of Part 3 and substituting the following definition: "independent legal practitioner" includes the independent legal practitioner's deputy. 8. Clause 2 of Schedule 4 is amended as follows: (a) by omitting from subclause (1) "a legal practitioner" and substituting "an Australian legal practitioner"; (b) by omitting from subclause (2) "a legal practitioner" and substituting "an Australian legal practitioner"; (c) by omitting from subclause (3) "a legal practitioner" and substituting "an Australian legal practitioner"; 56

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 (d) by omitting from subclause (4) "A legal practitioner" and substituting "An Australian legal practitioner"; (e) by omitting from subclause (4) "a barrister" and substituting "an Australian legal practitioner". Records of Offences (Access) Act 1981 1. Section 6(5) is amended by omitting "a legal practitioner" and substituting "an Australian legal practitioner". Registration of Deeds Act 1935 1. Section 12(1)(a)(ii) is amended by omitting "legal practitioner" and substituting "Australian legal practitioner". 2. Section 14(3)(b) is amended by omitting "solicitor" and substituting "Australian legal practitioner". 3. Section 41(1) is amended by omitting "legal practitioner" and substituting "Australian legal practitioner". 57

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 Relationships Act 2003 1. Section 3 is amended as follows: (a) by omitting "Legal Profession Act 1993" from the definition of "corresponding law" and substituting "Legal Profession Act 2007"; (b) by omitting the definition of "legal practitioner" and substituting the following definition: "legal practitioner" means an Australian legal practitioner; Resource Management and Planning Appeal Tribunal Act 1993 1. Section 6 is amended as follows: (a) by omitting from paragraph (a) "a barrister or legal practitioner, within the meaning of the Legal Profession Act 1993," and substituting "an Australian legal practitioner"; (b) by omitting from paragraph (a) "5 years" and substituting "5 years'"; (c) by omitting from paragraph (ab) "a barrister or legal practitioner, within the meaning of the Legal Profession Act 58

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 1993," and substituting "an Australian legal practitioner". 2. Section 15(1) is amended by omitting "enrolled as a barrister, solicitor, barrister and solicitor or legal practitioner of the High Court or the Supreme Court of a State" and substituting "an Australian lawyer or an Australian legal practitioner". Resource Planning and Development Commission Act 1997 1. Section 11A(1) is amended by omitting "a barrister, solicitor, barrister and solicitor or legal practitioner of the High Court or the Supreme Court of a State" and substituting "an Australian lawyer or an Australian legal practitioner". Retirement Villages Act 2004 1. Schedule 1 is amended by omitting The contract must include a statement that it has been recommended that, before the contract is signed, the prospective resident should obtain advice from a solicitor or other independent source. and substituting: 59

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 The contract must include a statement that it has been recommended that, before the contract is signed, the prospective resident should obtain advice from an Australian legal practitioner or other independent source. 2. Schedule 2 is amended by omitting "A SOLICITOR" from item 3 and substituting "AN AUSTRALIAN LEGAL PRACTITIONER". 3. Schedule 3 is amended by omitting Have I sought advice on the documents relating to the village from a solicitor, the Legal Aid Commission or some other appropriate source? and substituting: Have I sought advice on the documents relating to the village from an Australian legal practitioner, the Legal Aid Commission or some other appropriate source? Road Safety (Alcohol and Drugs) Act 1970 1. Section 13A(5) is amended by omitting "a solicitor" and substituting "an Australian legal practitioner". 2. Section 13B is amended as follows: 60

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 (a) by omitting from subsection (1) "a legal practitioner" and substituting "an Australian legal practitioner"; (b) by omitting from subsection (2)(b) "a legal practitioner" and substituting "an Australian legal practitioner"; (c) by omitting from subsection (2)(b) "the legal practitioner" and substituting "the Australian legal practitioner". Sale of Goods (Vienna Convention) Act 1987 1. Section 7 is amended by omitting subsection (2) and substituting the following subsection: (2) In this section - "legal practitioner" means an Australian legal practitioner. Security and Investigations Agents Act 2002 1. Section 41(1)(c) is amended by omitting "a legal practitioner" twice occurring and substituting "an Australian legal practitioner". 61

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 Security-sensitive Dangerous Substances Act 2005 1. Section 75(2)(b) is amended by omitting "legal practitioner" and substituting "Australian legal practitioner". Sentencing Act 1997 1. Section 75(6)(b) is amended by omitting "legal practitioner" and substituting "Australian legal practitioner". 2. Section 87(3)(b) is amended by omitting "legal practitioner" and substituting "Australian legal practitioner". Settled Land Act 1884 1. Section 42(1) is amended by omitting "solicitor" three times occurring and substituting "Australian legal practitioner". Solicitor-General Act 1983 1. Section 3(1) is amended as follows: (a) by omitting the definition of "barrister" and substituting the following definition: 62

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 "barrister" means a barrister within the meaning of the Legal Profession Act 2007; (b) by omitting "a legal practitioner within the meaning of the Legal Profession Act 1993" from the definition of "practitioner" and substituting "an Australian legal practitioner". 2. Section 4 is amended by omitting subsection (3) and substituting the following subsection: (3) A person is qualified for appointment under this section if, but only if, he or she is an Australian lawyer of not less than 7 years' standing as a practitioner. 3. Section 10(1) is amended by omitting "a barrister or practitioner" and substituting "a practitioner". Status of Children Act 1974 1. Section 8C(2)(b) is amended by omitting "a solicitor" and substituting "an Australian legal practitioner". 63

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 Status of Children Regulations 1999 1. Schedule 1 is amended by omitting the table and substituting: FORM 1 INSTRUMENT OF ACKNOWLEDGMENT Tasmania Status of Children Act 1974 CHILD 1. Surname: 2. Given names: 3. Date of birth: 4. Born at: 5. Sex: FATHER 6. Surname: 7. Given names: 8. Usual occupation: 9. Year of birth: 10. Birthplace: 64

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 MOTHER 11. Surname: 12. Given names: 13. Maiden surname, if married: 14. Year of birth: 15. Birthplace: 16. Usual place of residence: WE, the father and mother named above, acknowledge that we are respectively the father and mother of the child named above, and we certify that the above information is correct, according to the best of our knowledge and belief. The following section of the form is to be used only if this form is signed in the presence of an Australian legal practitioner: .............................................................. .............................................................. (Signature of father) (Signature of mother) Signed in the presence of - Signed in the presence of - ................................................................. .............................................................. (Signature of Australian legal practitioner) (Signature of Australian legal practitioner) .............................................................. .................................................................. (Name of Australian legal practitioner) (Name of Australian legal practitioner) .............................................................. ............................................................... (Address of Australian legal practitioner) (Address of Australian legal practitioner) Dated ....................................... Dated ........................................ If this form is not signed in the presence of an Australian legal practitioner, it must be executed as a deed, as follows: 65

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 SIGNED SEALED AND SIGNED SEALED AND DELIVERED DELIVERED by by .............................................................. .............................................................. (Signature of father) (Signature of mother) .............................................................. ........................................................................ (Seal) (Seal) Dated .................................... Dated .................................... in the presence of - in the presence of - .............................................................. .............................................................. (Signature of witness) (Signature of witness) .............................................................. .................................................................... (Full name of witness) (Full name of witness) .............................................................. ................................................................. (Postal address of witness) (Postal address of witness) NOTES Item 4. If the child was born in Tasmania, insert the exact address. Items 10 and 15. The birthplaces are to be given as - (a) if born in Australia, the State of birth (e.g. "Victoria"); or (b) if born outside Australia, the country of birth (e.g. "France"). Supreme Court Act 1887 1. Section 1 is amended as follows: (a) by omitting "Legal Profession Act 1993" from the definition of "barrister" and substituting "Legal Profession Act 2007"; 66

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 (b) by inserting the following definition after the definition of "Secretary": "solicitor" means a solicitor within the meaning of the Legal Profession Act 2007; 2. Section 4(1) is amended by omitting "Legal Profession Act 1993" and substituting "Legal Profession Act 2007". Supreme Court Act 1959 1. Section 3 is amended by omitting "Legal Profession Act 1993" from the definition of "barrister" and substituting "Legal Profession Act 2007". 2. Section 4A(2B) is amended by omitting "legal practitioner" and substituting "Australian legal practitioner". Terrorism (Preventative Detention) Act 2005 1. Section 3(1) is amended by omitting `a legal practitioner within the meaning of paragraph (a) of the definition of "legal practitioner" in section 3 of the Legal Profession Act 1993' from the definition of "lawyer" and substituting "an Australian legal practitioner". 67

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 Trustee Act 1898 1. Section 20 is amended as follows: (a) by omitting from subsection (1) "solicitor" four times occurring and substituting "Australian legal practitioner"; (b) by omitting from subsection (2) "solicitor" twice occurring and substituting "Australian legal practitioner"; (c) by omitting from subsection (3) "solicitor" twice occurring and substituting "Australian legal practitioner". 2. Section 51 is amended by omitting "solicitor" and substituting "Australian legal practitioner". Trustee Companies Act 1953 1. Section 18J is amended as follows: (a) by omitting from subsection (1)(a) "a solicitor" and substituting "an Australian legal practitioner"; (b) by omitting from subsection (1)(b) "a solicitor" and substituting "an Australian legal practitioner"; 68

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 (c) by omitting from subsection (1) "solicitor" third occurring and substituting "Australian legal practitioner"; (d) by omitting from subsection (2) "a solicitor" and substituting "an Australian legal practitioner"; (e) by omitting from subsection (2) "solicitor" second occurring and substituting "Australian legal practitioner"; (f) by omitting from subsection (3) "a solicitor" and substituting "an Australian legal practitioner"; (g) by omitting from subsection (3) "solicitor" second occurring and substituting "Australian legal practitioner"; (h) by omitting from subsection (3) "solicitor" third occurring and substituting "Australian legal practitioner". Unclaimed Moneys Act 1918 1. Section 8A is repealed. 69

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 Valuation of Land Act 2001 1. Section 37 is amended by omitting "a legal practitioner" and substituting "an Australian legal practitioner". 2. Section 61 is amended by omitting "a legal practitioner" and substituting "an Australian legal practitioner". Veterinary Surgeons Act 1987 1. Section 45 is amended as follows: (a) by omitting from subsection (7) "a barrister or a legal practitioner" and substituting "an Australian legal practitioner"; (b) by omitting from subsection (10) "a barrister or legal practitioner" and substituting "an Australian legal practitioner". Victims of Crime Assistance Act 1976 1. Section 2A(1) is amended by omitting "legal practitioners" and substituting "Australian legal practitioners". 70

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 2. Section 13 is amended by omitting "a legal practitioner, within the meaning of the Legal Profession Act 1993," from the definition of "Director" and substituting "an Australian legal practitioner". Witness (Identity Protection) Act 2006 1. Section 3(1) is amended by omitting the definition of "lawyer" and substituting the following definition: "lawyer" means an Australian legal practitioner; Workers Rehabilitation and Compensation Act 1988 1. Section 3(1) is amended as follows: (a) by omitting "Legal Profession Act 1993" from the definition of "barrister" and substituting "Legal Profession Act 2007"; (b) by omitting "a legal practitioner within the meaning of the Legal Profession Act 1993" from the definition of "practitioner" and substituting "an Australian legal practitioner". 71

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 2. Section 9(1)(d) is amended by omitting "a legal practitioner" and substituting "an Australian lawyer". 3. Section 42H(4) is amended as follows: (a) by omitting "a legal practitioner within the meaning of the Legal Profession Act 1993" and substituting "a practitioner"; (b) by omitting from paragraph (b) "legal practitioner" and substituting "practitioner". 4. Section 127(8)(d) is amended by omitting "solicitor" and substituting "practitioner". Youth Justice Act 1997 1. Section 3(1) is amended by inserting after the definition of "informal caution" the following definition: "legal practitioner" means an Australian legal practitioner; 2. Section 22(2)(a) is amended by omitting "a legal practitioner acting for the youth" and substituting "his or her legal representative". 72

 


 

Legal Profession (Miscellaneous and Consequential Amendments) Act 2007 Act No. of sch. 1 3. Section 31(4)(a) is amended by omitting "the legal practitioner acting for the youth" and substituting "his or her legal representative". 4. Section 45(2)(a) is amended by omitting "the legal practitioner acting for the youth" and substituting "his or her legal representative". Government Printer, Tasmania 73

 


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