AustLII Tasmanian Consolidated Acts

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LEGAL PROFESSION ACT 2007 - SECT 573

Provisions relating to requirements under this Part

(1)  This section applies to a requirement imposed on a person under this Part.
(2)  The validity of the requirement is not affected, and the person is not excused from compliance with the requirement, on –
(a) the ground that the giving of the information or access to information may tend to incriminate the person; or
(b) the ground that a law practice or Australian legal practitioner has a lien over a particular document or class of documents.
(3)  If, before complying with the requirement, the person objects to the investigator on the ground that compliance may tend to incriminate the person, the information is inadmissible in evidence in any proceeding against the person for an offence, other than –
(a) an offence against this Act; or
(b) any other offence relating to the keeping of trust accounts or the receipt of trust money; or
(c) an offence relating to the falsity of the answer.
(4)  The investigator imposing the requirement may –
(a) inspect any document provided pursuant to the requirement; and
(b) make copies of the document or any part of the document; and
(c) retain the document for a period the investigator thinks necessary for the purposes of the investigation in relation to which it was produced.
(5)  The person is not subject to any liability, claim or demand merely because of compliance with the requirement.
(6)  A failure of an Australian lawyer to comply with the requirement is capable of constituting unsatisfactory professional conduct or professional misconduct.
(7)  The prescribed authority –
(a) may on its own initiative; or
(b) must if directed to do so by the Board –
suspend a local legal practitioner's practising certificate while a failure by the practitioner to comply with the requirement continues.
PART 6.3 - Entry and Search of Premises



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