AustLII Tasmanian Consolidated Acts

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LEGAL PROFESSION ACT 2007 - SECT 572

Requirements that may be imposed for investigations under Chapter 4

(1)  For the purpose of carrying out a complaint investigation in relation to an Australian lawyer, an investigator may, by notice served on the lawyer, require the lawyer to do any one or more of the following:
(a) to produce, at or before a specified time and at a specified place, any specified document (or a copy of the document);
(b) to provide written information on or before a specified date (verified by statutory declaration if the requirement so states);
(c) to otherwise assist in, or co-operate with, the investigation of the complaint in a specified manner.
(2)  For the purpose of carrying out a complaint investigation in relation to an Australian lawyer, the investigator may, on production of evidence of his or her appointment, require an associate or former associate of a law practice of which the lawyer is or was an associate, or any other person (including, for example, an ADI, auditor or liquidator but not including the lawyer) who has or has had control of documents relating to the affairs of the lawyer in relation to the lawyer's practice, to give the investigator either or both of the following:
(a) access to the documents relating to the law practice affairs of the lawyer the investigator reasonably requires;
(b) information relating to the law practice affairs of the lawyer the investigator reasonably requires (verified by statutory declaration if the requirement so states).
(3)  A person who is subject to a requirement under subsection (1) or (2) must comply with the requirement.
Penalty:  Fine not exceeding 50 penalty units.
(4)  A requirement imposed on a person under this section is to be notified in writing to the person and is to specify a reasonable time for compliance.
(5)  A person who is subject to a requirement under subsection (1) or (2) is not entitled to charge the investigator for doing anything in compliance with the requirement.



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