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ACTS AMENDMENT AND REPEAL (COURTS AND LEGAL PRACTICE) BILL 2002

                       Western Australia




Acts Amendment and Repeal (Courts and Legal
            Practice) Bill 2002

                         CONTENTS


       Part 1 -- Preliminary
 1.    Short title                                         2
 2.    Commencement                                        2
       Part 2 -- Repeal of Legal Practitioners
            Act 1893 and transitional and
            savings provisions
       Division 1 -- Preliminary
 3.    Interpretation                                      3
       Division 2 -- Repeal
 4.    Legal Practitioners Act 1893 repealed               3
       Division 3 -- Transitional and savings provisions
 5.    Application of Interpretation Act 1984              3
 6.    Legal Practice Board: transitional and savings
       provisions                                          3
 7.    Articled clerks: savings provision                  5
 8.    Managing clerks: savings provision                  6
 9.    Review of legal costs determination                 6
 10.   Powers in relation to transitional provisions       6




                                                          page i
                           153--3
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002



Contents



           Part 3 -- Amendments to other Acts
                consequential on enactment of
                Legal Practice Act 2002
   11.     Power to amend regulations                              8
   12.     Adoption Act 1994 amended                               8
   13.     Agricultural Practices (Disputes) Act 1995 amended      8
   14.     Biological Control Act 1986 amended                     9
   15.     Builders' Registration Act 1939 amended                 9
   16.     Censorship Act 1996 amended                            11
   17.     Children's Court of Western Australia Act 1988
           amended                                                11
   18.     Chiropractors Act 1964 amended                         11
   19.     Civil Liability Act 2002 amended                       12
   20.     Coal Industry Tribunal of Western Australia Act 1992
           amended                                                12
   21.     Commercial Arbitration Act 1985 amended                13
   22.     Commercial Tribunal Act 1984 amended                   14
   23.     Companies (Co-operative) Act 1943 amended              14
   24.     Consumer Affairs Act 1971 amended                      15
   25.     Coroners Act 1996 amended                              15
   26.     The Criminal Code amended                              15
   27.     Criminal Investigation (Exceptional Powers) and
           Fortification Removal Act 2002 amended                 16
   28.     Debt Collectors Licensing Act 1964 amended             16
   29.     Declarations and Attestations Act 1913 amended         17
   30.     Dental Act 1939 amended                                17
   31.     Director of Public Prosecutions Act 1991 amended       17
   32.     District Court of Western Australia Act 1969 amended   18
   33.     Equal Opportunity Act 1984 amended                     19
   34.     Evidence Act 1906 amended                              20
   35.     Finance Brokers Control Act 1975 amended               20
   36.     Fish Resources Management Act 1994 amended             21
   37.     Fisheries Adjustment Schemes Act 1987 amended          22
   38.     Gas Pipelines Access (Western Australia) Act 1998
           amended                                                22
   39.     Gender Reassignment Act 2000 amended                   22
   40.     Guardianship and Administration Act 1990 amended       23
   41.     Industrial Relations Act 1979 amended                  23
   42.     Juries Act 1957 amended                                24


page ii
      Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002



                                                              Contents



43.      Justices Act 1902 amended                              24
44.      Land Valuers Licensing Act 1978 amended                25
45.      Law Reform Commission Act 1972 amended                 25
46.      Law Society Public Purposes Trust Act 1985 amended     26
47.      Legal Aid Commission Act 1976 amended                  27
48.      Legal Practitioners Act Amendment Act 1976
         amended                                                30
49.      Local Courts Act 1904 amended                          30
50.      Long Service Leave Act 1958 amended                    31
51.      Mental Health Act 1996 amended                         31
52.      Mining Act 1978 amended                                32
53.      Motor Vehicle (Third Party Insurance) Act 1943
         amended                                                32
54.      Official Prosecutions (Defendants' Costs) Act 1973
         amended                                                32
55.      Osteopaths Act 1997 amended                            33
56.      Psychologists Registration Act 1976 amended            33
57.      Public Notaries Act 1979 amended                       34
58.      Racing Penalties (Appeals) Act 1990 amended            34
59.      Real Estate and Business Agents Act 1978 amended       35
60.      Registration of Deeds Act 1856 amended                 35
61.      Residential Tenancies Act 1987 amended                 36
62.      Retirement Villages Act 1992 amended                   36
63.      Royal Commission (Police) Act 2002 amended             37
64.      Sale of Land Act 1970 amended                          38
65.      Security and Related Activities (Control) Act 1996
         amended                                                38
66.      Settlement Agents Act 1981 amended                     38
67.      Strata Titles Act 1985 amended                         39
68.      Suitors' Fund Act 1964 amended                         39
69.      Supreme Court Act 1935 amended                         40
70.      Town Planning and Development Act 1928 amended         41
71.      Women's Legal Status Act 1923 amended                  42
72.      Workers' Compensation and Rehabilitation Act 1981
         amended                                                42
73.      Young Offenders Act 1994 amended                       43




                                                               page iii
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002



Contents



           Part 4 -- Legal Contribution Trust
                Act 1967 amended and transitional
                provisions
   74.     The Act amended                                        44
   75.     Section 4 amended                                      44
   76.     Sections 4A and 4B inserted                            45
   77.     Heading to Part III replaced                           48
   78.     Sections 10, 11 and 12 repealed and transitional
           provision                                              48
   79.     Section 13 replaced                                    49
   80.     Section 14 amended                                     50
   81.     Section 16 amended                                     50
   82.     Section 17 replaced                                    50
   83.     Section 18 amended                                     51
   84.     Section 28 amended                                     51
   85.     Section 51 amended                                     51
   86.     Section 56 amended                                     51
   87.     Transitional provisions                                52
           Part 5 -- Amendments relating to State
                Solicitor and savings provision
   88.     Bail Act 1982 amended                                  54
   89.     The Criminal Code amended                              54
   90.     Crown Suits Act 1947 amended                           55
   91.     Escheat (Procedure) Act 1940 amended                   55
   92.     Financial Administration and Audit Act 1985
           amended                                                55
   93.     The Grand Jury Abolition Act Amendment Act 1883
           amended                                                56
   94.     Law Reform Commission Act 1972 amended                 56
   95.     Public Trustee Act 1941 amended                        56
   96.     Workers' Compensation and Rehabilitation Act 1981
           amended                                                57
   97.     References to Crown Solicitor                          57
           Part 6 -- Amendments to the Judges'
                Salaries and Pensions Act 1950
   98.     The Act amended                                        58
   99.     Section 2 amended                                      58


page iv
       Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002



                                                                 Contents



100.      Section 6 amended                                        58
101.      Section 8B amended                                       59
102.      Section 11 amended                                       59
103.      Section 14 repealed                                      59
104.      Sections 16 to 19 inserted                               59
105.      Second Schedule amended                                  64
106.      State Superannuation (Transitional and
          Consequential Provisions) Act 2000 amended               64
          Part 7 -- Amendments about
               qualifications for appointment
107.      Children's Court of Western Australia Act 1988
          amended                                                  65
108.      Commercial Tribunal Act 1984 amended                     66
109.      Criminal Injuries Compensation Act 1985 amended          66
110.      Director of Public Prosecutions Act 1991 amended         67
111.      District Court of Western Australia Act 1969 amended     67
112.      Equal Opportunity Act 1984 amended                       68
113.      Fisheries Adjustment Schemes Act 1987 amended            69
114.      Land Valuation Tribunals Act 1978 amended                69
115.      Land Valuers Licensing Act 1978 amended                  69
116.      Racing Penalties (Appeals) Act 1990 amended              70
117.      Small Claims Tribunals Act 1974 amended                  70
118.      Solicitor-General Act 1969 amended                       71
119.      Supreme Court Act 1935 amended                           71
120.      Transfer of Land Act 1893 amended                        73
          Part 8 -- Amendments about the
               Crown
121.      Bail Act 1982 amended                                    74
122.      Children's Court of Western Australia Act 1988
          amended                                                  75
123.      The Criminal Code amended                                75
124.      Director of Public Prosecutions Act 1991 amended         77
125.      District Court of Western Australia Act 1969 amended     78
126.      Family Court Act 1997 amended                            79
127.      Juries Act 1957 amended                                  79
128.      Justices Act 1902 amended                                79
129.      Local Courts Act 1904 amended                            80
130.      Supreme Court Act 1935 amended                           80


                                                                  page v
                           Western Australia


                     LEGISLATIVE ASSEMBLY

                      (As amended in Committee)



Acts Amendment and Repeal (Courts and Legal
            Practice) Bill 2002


                               A Bill for


An Act --
•  to repeal the Legal Practitioners Act 1893;
•  to make amendments as a consequence of that repeal and the
   enactment of the Legal Practice Act 2002;
•  for purposes related to that repeal and those amendments; and
•  to make other amendments relating to courts and legal practice.



The Parliament of Western Australia enacts as follows:




                                                            page 1
    Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
    Part 1       Preliminary

    s. 1



                             Part 1 -- Preliminary
    1.         Short title
               This Act may be cited as the Acts Amendment and Repeal
               (Courts and Legal Practice) Act 2002.

5   2.         Commencement
         (1)   This Act comes into operation on a day fixed by proclamation.
         (2)   Different days may be fixed under subsection (1) for different
               provisions.




    page 2
              Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
          Repeal of Legal Practitioners Act 1893 and transitional and     Part 2
                                                  savings provisions
                                                         Preliminary  Division 1
                                                                             s. 3


          Part 2 -- Repeal of Legal Practitioners Act 1893 and
                  transitional and savings provisions
                             Division 1 -- Preliminary
     3.         Interpretation
5               In this Part --
                "commencement day" means the day on which Part 1 of the
                    Legal Practice Act 2002 comes into operation;
                "1893 Act" means the Legal Practitioners Act 1893;
                "2002 Act" means the Legal Practice Act 2002.

10                               Division 2 -- Repeal
     4.         Legal Practitioners Act 1893 repealed
                The Legal Practitioners Act 1893 is repealed.

                Division 3 -- Transitional and savings provisions
     5.         Application of Interpretation Act 1984
15        (1)   The provisions of the Interpretation Act 1984 about the repeal
                of written laws and the substitution of other written laws for
                those so repealed (for example, sections 16(1), 36 and 38) apply
                to the repeal of the 1893 Act as if the 2002 Act repealed that
                Act.
20        (2)   The other provisions of this Part are additional to the provisions
                applied by subsection (1).

     6.         Legal Practice Board: transitional and savings provisions
          (1)   In this section --
                "former Board" means The Legal Practice Board established
25                  under the 1893 Act;



                                                                            page 3
     Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
     Part 2       Repeal of Legal Practitioners Act 1893 and transitional and
                  savings provisions
     Division 3   Transitional and savings provisions
     s. 6


              "new Board" means the Legal Practice Board established under
                  the 2002 Act.
        (2)   The new Board is the same entity as, and a continuation of, the
              former Board, and the rights and liabilities of or in relation to
5             the former Board continue as rights and liabilities of or in
              relation to the new Board.
        (3)   Despite the repeal of the 1893 Act and the enactment of the
              2002 Act --
                (a) section 4(1)(d) of the 1893 Act continues to apply to the
10                   terms of office being served immediately before the
                     commencement day by members of the former Board
                     elected under that provision; and
               (b) the new Board is to continue to be constituted in
                     accordance with section 4(1)(d) of the 1893 Act, and the
15                   quorum is to continue to be determined in accordance
                     with section 4(2a) of the 1893 Act,
              until the next election of Board members after the
              commencement day is held and the members so elected come
              into office.
20      (4)   Despite section 7(2) of the 2002 Act, in the case of the 12
              members of the new Board first elected after the coming into
              operation of this section --
                (a) the 6 members first elected are to hold office for a term
                      of 2 years from the date of becoming a member; and
25             (b) the 6 members next elected are to hold office for a term
                      of one year from the date of becoming a member.
        (5)   If any 2 or more of the elected members receive the same
              number of votes, and the order of election of those members is
              relevant for the purposes of subsection (4), the members are to
30            determine by lot which of them are appointed for 2 years.
        (6)   The member of the former Board holding office as chairman of
              the former Board immediately before the commencement day is


     page 4
              Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
          Repeal of Legal Practitioners Act 1893 and transitional and     Part 2
                                                   savings provisions
                                  Transitional and savings provisions Division 3
                                                                             s. 7


                to hold office as chairperson of the new Board until a
                chairperson is elected under the 2002 Act.
          (7)   The member of the former Board holding office as deputy
                chairman of the former Board immediately before the
5               commencement day is to hold office as deputy chairperson of
                the new Board until a deputy chairperson is elected under the
                2002 Act.
          (8)   An election for chairperson and deputy chairperson of the new
                Board must be held within 6 months of the commencement day.

10   7.         Articled clerks: savings provision
          (1)   Any legal practitioner who on the commencement day has an
                articled clerk within the meaning of the 2002 Act is taken to
                have been approved under section 20 of the 2002 Act to take,
                have and retain that articled clerk.
15        (2)   Despite the repeal of section 15(2)(b) of the 1893 Act, any
                person who --
                  (a) before the coming into operation of this section has
                       commenced serving for a term of 5 years under articles
                       of clerkship to a practitioner; and
20                (b) serves for a term of 5 years under those articles and
                       during that term --
                          (i) passes the examinations (if any) prescribed for
                               the purposes of section 15(2)(b) of the 1893 Act
                               or by the rules under the 2002 Act for the
25                             purposes of this section; and
                         (ii) satisfies the requirements for practical legal
                               training prescribed by the rules under the
                               2002 Act for the purposes of this section,
                       is taken to be qualified to be admitted under section 27
30                     of the 2002 Act.
          (3)   Part 3 of the 2002 Act applies to a person referred to in
                subsection (2) and to the articles served by that person.

                                                                            page 5
     Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
     Part 2       Repeal of Legal Practitioners Act 1893 and transitional and
                  savings provisions
     Division 3   Transitional and savings provisions
     s. 8


           (4)   Despite the repeal of section 15(2)(b) of the 1893 Act, any
                 person who, before the coming into operation of this section,
                 has served for a term of 5 years under articles of clerkship to a
                 practitioner as required by the 1893 Act and at any time during
5                that term has passed the examinations prescribed for the
                 purposes of section 15(2)(b) of the 1893 Act is taken to be
                 qualified to be admitted under section 27 of the 2002 Act.
           (5)   A person referred to in subsection (2) or (4) is, after being
                 admitted, subject to the same restrictions under section 33 of the
10               2002 Act as a person qualified to be admitted under
                 section 27(2)(a) of that Act.

     8.          Managing clerks: savings provision
           (1)   Despite the repeal of sections 16, 17 and 19 of the 1893 Act,
                 those sections, and rules made under section 17 of that Act,
15               continue to apply in respect of a person who is a managing clerk
                 immediately before the commencement day as if the sections
                 had not been repealed.
           (2)   An appeal that has been commenced under section 83 of the
                 1893 Act in respect of a refusal to grant a certificate under
20               section 16 of that Act may be continued and dealt with as if
                 those sections were still in operation.

     9.          Review of legal costs determination
                 Any legal costs determination made and in force under the
                 1893 Act immediately before the commencement day is to be
25               reviewed under section 211 of the 2002 Act in the period of
                 2 years after it was made or last reviewed under the 1893 Act,
                 as the case requires.

     10.         Powers in relation to transitional provisions
           (1)   If there is no sufficient provision in this Part for dealing with a
30               transitional matter the Governor may make regulations
                 prescribing all matters that are required, necessary or convenient
                 to be prescribed in relation to that matter.

     page 6
         Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
     Repeal of Legal Practitioners Act 1893 and transitional and     Part 2
                                              savings provisions
                             Transitional and savings provisions Division 3
                                                                      s. 10


     (2)   Regulations made under subsection (1) may provide that
           specific provisions of the 2002 Act --
             (a) do not apply; or
             (b) apply with specific modifications,
5          to or in relation to any matter.
     (3)   Regulations made under subsection (1) must be made within
           12 months after the commencement day.
     (4)   If regulations made under subsection (1) provide that a specified
           state of affairs is to be taken to have existed, or not to have
10         existed, on and from a day that is earlier than the day on which
           the regulations are published in the Gazette but not earlier than
           the commencement day, the regulations have effect according to
           their terms.
     (5)   In subsection (4) --
15         "specified" means specified or described in the regulations.
     (6)   If regulations contain a provision referred to in subsection (4),
           the provision does not operate so as --
             (a) to affect in a manner prejudicial to any person (other
                   than the State), the rights of that person existing before
20                 the day of publication of those regulations; or
             (b) to impose liabilities on any person (other than the State
                   or an authority of the State) in respect of anything done
                   or omitted to be done before the day of publication of
                   those regulations.




                                                                        page 7
     Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
     Part 3       Amendments to other Acts consequential on enactment of
                  Legal Practice Act 2002

     s. 11


      Part 3 -- Amendments to other Acts consequential on
              enactment of Legal Practice Act 2002
     11.         Power to amend regulations
           (1)   The Governor, on the recommendation of the Attorney General,
5                may make regulations amending subsidiary legislation made
                 under any Act.
           (2)   The Attorney General may make a recommendation under
                 subsection (1) only if the Attorney General considers that each
                 amendment proposed to be made by the regulations is necessary
10               or desirable as a consequence of the enactment of the Legal
                 Practice Act 2002 or this Act.
           (3)   Nothing in this section prevents subsidiary legislation from
                 being amended in accordance with the Act under which it was
                 made.

15   12.         Adoption Act 1994 amended
           (1)   The amendments in this section are to the Adoption Act 1994*.
                 [* Reprinted as at 2 January 2001.
                    For subsequent amendments see Act No. 3 of 2002.]
           (2)   Section 4(1) is amended by deleting the definition of "lawyer"
20               and inserting the following definition instead --
                 "
                      "lawyer" means a certificated practitioner within the
                          meaning of the Legal Practice Act 2002;
                                                                                  ".

25   13.         Agricultural Practices (Disputes) Act 1995 amended
           (1)   The amendments in this section are to the Agricultural Practices
                 (Disputes) Act 1995*.
                 [* Act No. 26 of 1995.]



     page 8
               Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
            Amendments to other Acts consequential on enactment of      Part 3
                                           Legal Practice Act 2002

                                                                                    s. 14


           (2)   Section 25(2)(e) is amended by deleting "order made under
                 section 58W of the Legal Practitioners Act 1893" and inserting
                 instead --
                        "
5                             legal costs determination (as defined in the
                              Legal Practice Act 2002)
                                                                                       ".
           (3)   Schedule 1 clause 8(2) is amended by deleting "certificated
                 legal practitioner within the meaning of the Legal Practitioners
10               Act 1893" and inserting instead --
                 "
                      certificated practitioner (within the meaning of the Legal
                      Practice Act 2002)
                                                                                       ".

15   14.         Biological Control Act 1986 amended
           (1)   The amendments in this section are to the Biological Control
                 Act 1986*.
                 [* Act No. 106 of 1986.
                    For subsequent amendments see 2001 Index to Legislation of
20                  Western Australia, Table 1, p. 33.]
           (2)   Section 58(3) is amended by deleting "certificated legal
                 practitioner within the meaning of the Legal Practitioners
                 Act 1893" and inserting instead --
                 "
25                    certificated practitioner (within the meaning of the
                      Legal Practice Act 2002)
                                                                                       ".

     15.         Builders' Registration Act 1939 amended
           (1)   The amendments in this section are to the Builders' Registration
30               Act 1939*.
                 [* Reprinted as at 11 January 2002.]

                                                                                   page 9
     Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
     Part 3       Amendments to other Acts consequential on enactment of
                  Legal Practice Act 2002

     s. 15


        (2)    Section 2 is amended by deleting the definition of "Legal
               practitioner" and inserting the following definition instead --
               "
                     "legal practitioner" means a legal practitioner as
5                        defined in the Legal Practice Act 2002;
                                                                                ".
        (3)    Section 5A(2) is amended by deleting "person who is a
               practitioner as defined by the Legal Practitioners Act 1893 and
               who is" and inserting instead --
10             "   legal practitioner   ".
        (4)    Section 5B(3) is amended by deleting "he is a practitioner as
               defined by the Legal Practitioners Act 1893" and inserting
               instead --
               "   he or she is a legal practitioner   ".
15      (5)    Sections 5C(1a)(a) and 27(2) are amended by deleting
               "practitioner as defined by the Legal Practitioners Act 1893"
               and inserting instead --
               "   legal practitioner   ".
        (6)    Section 45A(4)(a) is amended by deleting "legal practitioner"
20             and inserting instead --
               "
                     certificated practitioner (within the meaning of the
                     Legal Practice Act 2002)
                                                                                ".
25      (7)    Section 45A(5) is amended in the definition of "legally qualified
               person" by deleting "articled law clerk" and inserting instead --
               " articled clerk (as defined in the Legal Practice Act 2002)     ".




     page 10
               Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
            Amendments to other Acts consequential on enactment of      Part 3
                                           Legal Practice Act 2002

                                                                                s. 16


     16.         Censorship Act 1996 amended
           (1)   The amendments in this section are to the Censorship
                 Act 1996*.
                 [* Act No. 40 of 1996.]
5          (2)   Section 119(2)(c) is amended by deleting "as defined in
                 section 3 of the Legal Practitioners Act 1893" and inserting
                 instead --
                 "   (within the meaning of the Legal Practice Act 2002) ".

     17.         Children's Court of Western Australia Act 1988 amended
10         (1)   The amendments in this section are to the Children's Court of
                 Western Australia Act 1988*.
                 [* Reprinted as at 25 August 2000.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 51 and Act No. 27 of 2002.]
15         (2)   Section 32(2) is amended by deleting "Legal Practitioners
                 Act 1893" and inserting instead --
                 "   Legal Practice Act 2002     ".
           (3)   Section 32(4) is amended by deleting the definition of
                 "certificated practitioner" and inserting the following definition
20               instead --
                 "
                       "certificated practitioner" means a certificated
                           practitioner within the meaning of the Legal
                           Practice Act 2002;
25                                                                                ".

     18.         Chiropractors Act 1964 amended
           (1)   The amendments in this section are to the Chiropractors
                 Act 1964*.
                 [* Reprinted as at 7 December 2001.]

                                                                            page 11
     Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
     Part 3       Amendments to other Acts consequential on enactment of
                  Legal Practice Act 2002

     s. 19


           (2)   Section 7(2)(a) is amended by deleting "person who is a
                 practitioner within the meaning of the Legal Practitioners
                 Act 1893," and inserting instead --
                        "
5                             legal practitioner (as defined in the Legal
                              Practice Act 2002)
                                                                                   ".
     19.         Civil Liability Act 2002 amended
           (1)   The amendments in this section are to the Civil Liability
10               Act 2002.
                 [* Act No. 35 of 2002.]
           (2)   Section 16 is amended by deleting the definition of "legal
                 practitioner" and inserting the following definition instead --
                 "
15                     "legal practitioner" means a legal practitioner as
                           defined in the Legal Practice Act 2002.
                                                                               ".
           (3)   Section 17(2)(a)(i) is amended by deleting "an agreement under
                 the Legal Practitioners Act 1893 section 59" and inserting
20               instead --
                        "
                              a costs agreement within the meaning of the
                              Legal Practice Act 2002
                                                                                  ".
25   20.         Coal Industry Tribunal of Western Australia Act 1992
                 amended
           (1)   The amendments in this section are to the Coal Industry
                 Tribunal of Western Australia Act 1992*.
                 [* Act No. 37 of 1992.
30                  For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 54 and Act No. 20 of 2002.]

     page 12
               Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
            Amendments to other Acts consequential on enactment of      Part 3
                                           Legal Practice Act 2002

                                                                                     s. 21


           (2)       Section 14(6) is amended by deleting "within the meaning of
                     the Legal Practitioners Act 1893" and inserting instead --
                     "     (as defined in the Legal Practice Act 2002)   ".

     21.             Commercial Arbitration Act 1985 amended
5          (1)       The amendments in this section are to the Commercial
                     Arbitration Act 1985*.
                     [* Act No. 109 of 1985.
                        For subsequent amendments see 2001 Index to Legislation of
                        Western Australia, Table 1, p. 56.]
10         (2)       Sections 20(5) and (6) are repealed and the following
                     subsections are inserted instead --
                 "
                     (5)     A person who is not a legal practitioner does not
                             breach the Legal Practice Act 2002 or any other Act
15                           merely by representing a party in arbitration
                             proceedings under this Act.
                     (6)     In this section --
                             "legal practitioner" means a legal practitioner as
                                  defined in the Legal Practice Act 2002 or a person
20                                entitled to practise as a legal practitioner in any
                                  other place;
                             "legally qualified person" means --
                                  (a) a legal practitioner; or
                                  (b) any other person who, in the opinion of the
25                                       arbitrator or umpire, has such qualifications
                                         or experience in law (whether acquired in
                                         Western Australia or in any other place in or
                                         outside Australia) as would be likely to
                                         afford an advantage in the proceedings.
30                                                                                       ".



                                                                                  page 13
     Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
     Part 3       Amendments to other Acts consequential on enactment of
                  Legal Practice Act 2002

     s. 22


           (3)   Section 61(1)(a) is amended by deleting "determination under
                 section 58W of the Legal Practitioners Act 1893" and inserting
                 instead --
                        "
5                             legal costs determination (as defined in the
                              Legal Practice Act 2002)
                                                                               ".

     22.         Commercial Tribunal Act 1984 amended
           (1)   The amendments in this section are to the Commercial Tribunal
10               Act 1984*.
                 [* Reprinted as at 10 May 2002.]
           (2)   Section 11(2) is amended by deleting "practitioner as defined by
                 the Legal Practitioners Act 1893" and inserting instead --
                 "
15                    legal practitioner (as defined in the Legal Practice
                      Act 2002)
                                                                               ".
           (3)   Section 15(3) is amended by deleting "certificated legal
                 practitioner within the meaning of the Legal Practitioners
20               Act 1893" and inserting instead --
                 "
                      certificated practitioner (within the meaning of the
                      Legal Practice Act 2002)
                                                                               ".

25   23.         Companies (Co-operative) Act 1943 amended
           (1)   The amendments in this section are to the Companies
                 (Co-operative) Act 1943*.
                 [* Reprinted as at 14 January 2000.
                    For subsequent amendments see 2001 Index to Legislation of
30                  Western Australia, Table 1, p. 60 and Gazette 28 June 2002
                    p. 3052-4.]

     page 14
               Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
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                                                                                s. 24


           (2)   Section 397(3) is amended by deleting "of the Supreme Court of
                 Western Australia, as defined by the Legal Practitioners'
                 Act 1893" and inserting instead --
                 "   (within the meaning of the Legal Practice Act 2002) ".

5    24.         Consumer Affairs Act 1971 amended
           (1)   The amendments in this section are to the Consumer Affairs
                 Act 1971*.
                 [* Reprinted as at 25 March 1999.
                    For subsequent amendments see 2001 Index to Legislation of
10                  Western Australia, Table 1, p. 74.]
           (2)   Section 4(2b) is amended by deleting "Part IV of the Legal
                 Practitioners Act 1893" and inserting instead --
                 "   Part 12 of the Legal Practice Act 2002    ".

     25.         Coroners Act 1996 amended
15         (1)   The amendments in this section are to the Coroners Act 1996*.
                 [* Reprinted as at 3 August 2001.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 77.]
           (2)   Sections 6(6) and 7(4) are amended by deleting "practitioner as
20               defined by the Legal Practitioners Act 1893" and inserting
                 instead --
                 "
                       legal practitioner (as defined in the Legal Practice
                       Act 2002)
25                                                                                 ".

     26.         The Criminal Code amended
           (1)   The amendments in this section are to The Criminal Code*.




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     s. 27


                 [* Reprinted as at 9 February 2001 as the Schedule to the
                    Criminal Code appearing as Appendix B to the Criminal
                    Code Compilation Act 1913.
                    For subsequent amendments see 2001 Index to Legislation of
5                   Western Australia, Table 1, p. 89 and Acts Nos. 3, 6, 8 and
                    27 of 2002.]
           (2)   Section 570(1) is amended by deleting the definition of
                 "lawyer" and inserting the following definition instead --
                 "
10                     "lawyer" means a certificated practitioner within the
                           meaning of the Legal Practice Act 2002;
                                                                                ".
           (3)   Section 570H(2)(b) is amended by deleting "practitioner (as
                 defined in the Legal Practitioners Act 1893)" and inserting
15               instead --
                         "
                              legal practitioner (as defined in the Legal
                              Practice Act 2002)
                                                                                ".

20   27.         Criminal Investigation (Exceptional Powers) and Fortification
                 Removal Act 2002 amended
           (1)   The amendments in this section are to the Criminal
                 Investigation (Exceptional Powers) and Fortification Removal
                 Act 2002*.
25               [* Act No. 21 of 2002.]
           (2)   Section 19(1) is amended by deleting "within the meaning of
                 the Legal Practitioners Act 1893" and inserting instead --
                 "   (as defined in the Legal Practice Act 2002)   ".

     28.         Debt Collectors Licensing Act 1964 amended
30         (1)   The amendments in this section are to the Debt Collectors
                 Licensing Act 1964*.

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                                                                                       s. 29


                     [* Reprinted as approved 2 February 1972.
                        For subsequent amendments see 2001 Index to Legislation of
                        Western Australia, Table 1, p. 96.]
           (2)       Section 4(a) is deleted and the following paragraph is inserted
5                    instead --
                           "
                               (a)   a certificated practitioner (within the meaning
                                     of the Legal Practice Act 2002)
                                                                                         ".

10   29.             Declarations and Attestations Act 1913 amended
           (1)       The amendments in this section are to the Declarations and
                     Attestations Act 1913*.
                     [* Reprinted as at 24 May 2002.]
           (2)       The Schedule item 11 is deleted and the following item is
15                   inserted instead --
                 "
                     11.   A legal practitioner (as defined in the Legal Practice
                           Act 2002).
                                                                                         ".
20   30.             Dental Act 1939 amended
           (1)       The amendment in this section is to the Dental Act 1939*.
                     [* Reprinted as at 25 June 1999.]
           (2)       Section 4 is amended by deleting the definition of "legal
                     practitioner".
25   31.             Director of Public Prosecutions Act 1991 amended
           (1)       The amendments in this section are to the Director of Public
                     Prosecutions Act 1991*.




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     s. 32


                 [* Reprinted as at 1 June 2001.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 100 and Act No. 27 of 2002.]
           (2)   Section 3 is amended by deleting the definition of "legal
5                practitioner" and inserting the following definition instead --
                 "
                       "legal practitioner" means a legal practitioner as
                           defined in the Legal Practice Act 2002;
                                                                                  ".

10   32.         District Court of Western Australia Act 1969 amended
           (1)   The amendments in this section are to the District Court of
                 Western Australia Act 1969*.
                 [* Reprinted as at 19 January 2001.
                    For subsequent amendments see 2001 Index to Legislation of
15                  Western Australia, Table 1, p. 103 and Act No. 23 of 2002.]
           (2)   Section 6 is amended by inserting the following definition in the
                 appropriate alphabetical position --
                 "
                       "legal practitioner" means a legal practitioner as
20                         defined in the Legal Practice Act 2002;
                                                                                  ".
           (3)   Section 17(1) is amended by deleting "practitioner as defined by
                 the Legal Practitioners Act 1893" and inserting instead --
                 "   legal practitioner   ".
25         (4)   Section 39(1) is amended by deleting ", as defined by the Legal
                 Practitioners Act 1893," and inserting instead --
                 "   (within the meaning of the Legal Practice Act 2002) ".
           (5)   Section 40 is amended by deleting "as defined in the Legal
                 Practitioners Act 1893,".



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                                                                                    s. 33


           (6)   Section 53(1) is amended by deleting "practitioner as defined in
                 the Legal Practitioners Act 1893" and inserting instead --
                 "    legal practitioner     ".
           (7)   Section 64(1) is amended by deleting "a determination in force
5                under section 58W of the Legal Practitioners Act 1893" and
                 inserting instead --
                 "
                           any legal costs determination (as defined in the Legal
                           Practice Act 2002)
10                                                                                    ".
           (8)   Section 66 is amended as follows:
                     (a)    by deleting "as defined in the Legal Practitioners
                            Act 1893,";
                     (b)    by deleting "according to a determination in force under
15                          section 58W of the Legal Practitioners Act 1893" and
                            inserting instead --
                 "
                           in accordance with any legal costs determination (as
                           defined in the Legal Practice Act 2002)
20                                                                                    ".
           (9)   Section 88(2)(b) is amended by deleting "determinations under
                 section 58W of the Legal Practitioners Act 1893" and inserting
                 instead --
                            "
25                                legal costs determination (as defined in the
                                  Legal Practice Act 2002)
                                                                                      ".

     33.         Equal Opportunity Act 1984 amended
           (1)   The amendments in this section are to the Equal Opportunity
30               Act 1984*.



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     s. 34


                 [* Reprinted as at 21 July 2000.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 118 and Acts Nos. 3 and
                    20 of 2002.]
5          (2)   Section 4(1) is amended by deleting the definition of "legal
                 practitioner" and inserting the following definition instead --
                 "
                       "legal practitioner" means a legal practitioner as
                           defined in the Legal Practice Act 2002;
10                                                                                ".

     34.         Evidence Act 1906 amended
           (1)   The amendments in this section are to the Evidence Act 1906*.
                 [* Reprinted as at 4 January 2001.
                    For subsequent amendments see 2001 Index to Legislation of
15                  Western Australia, Table 1, p. 121 and Acts Nos. 3 and 27 of
                    2002.]
           (2)   Section 122 is amended by deleting "section 76(1) of the Legal
                 Practitioner's Act 1893," and inserting instead --
                 "   section 123 of the Legal Practice Act 2002   ".

20   35.         Finance Brokers Control Act 1975 amended
           (1)   The amendments in this section are to the Finance Brokers
                 Control Act 1975*.
                 [* Reprinted as at 3 March 2000.
                    For subsequent amendments see 2001 Index to Legislation of
25                  Western Australia, Table 1, p. 126.]




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                                                                                   s. 36


           (2)   Section 5(1)(f) is amended by deleting "certificated legal
                 practitioners, within the meaning of the Legal Practitioners
                 Act 1893," and inserting instead --
                          "
5                               certificated practitioners (within the meaning of
                                the Legal Practice Act 2002)
                                                                                     ".
           (3)   Section 7(1)(c) and the "and" following is deleted and the
                 following paragraph is inserted instead --
10                    "
                          (c)   one shall be a legal practitioner (as defined in
                                the Legal Practice Act 2002); and
                                                                                     ".
           (4)   Section 19(6) is amended by deleting "certificated legal
15               practitioner within the meaning of the Legal Practitioners
                 Act 1893" and inserting instead --
                 "
                       certificated practitioner (within the meaning of the
                       Legal Practice Act 2002)
20                                                                                   ".
           (5)   Section 19(7) is amended by deleting "legal practitioner" and
                 inserting instead --
                 "   certificated practitioner   ".

     36.         Fish Resources Management Act 1994 amended
25         (1)   The amendments in this section are to the Fish Resources
                 Management Act 1994*.
                 [* Reprinted as at 28 April 2000.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 141 and Act No. 2 of 2002.]




                                                                              page 21
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     s. 37


           (2)   Section 153(5) is amended by deleting "within the meaning of
                 the Legal Practitioners Act 1893" and inserting instead --
                 "   (within the meaning of the Legal Practice Act 2002) ".

     37.         Fisheries Adjustment Schemes Act 1987 amended
5          (1)   The amendments in this section are to the Fisheries Adjustment
                 Schemes Act 1987*.
                 [* Reprinted as at 3 May 2002.]
           (2)   Section 14U(5) is amended by deleting "within the meaning of
                 the Legal Practitioners Act 1893" and inserting instead --
10               "   (within the meaning of the Legal Practice Act 2002) ".

     38.         Gas Pipelines Access (Western Australia) Act 1998 amended
           (1)   The amendments in this section are to the Gas Pipelines Access
                 (Western Australia) Act 1998*.
                 [* Reprinted as at 11 August 2000.
15                  For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 148.]
           (2)   Section 49 is amended by deleting the definition of "legal
                 practitioner" and inserting the following definition instead --
                 "
20                     "legal practitioner" means a certificated practitioner
                           within the meaning of the Legal Practice
                           Act 2002.
                                                                                  ".

     39.         Gender Reassignment Act 2000 amended
25         (1)   The amendments in this section are to the Gender Reassignment
                 Act 2000*.
                 [* Act No. 2 of 2000.]



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                                                                              s. 40


           (2)   Section 6(2)(a) is amended by deleting "as defined in the Legal
                 Practitioners Act 1893" and inserting instead --
                 "   (as defined in the Legal Practice Act 2002)   ".

     40.         Guardianship and Administration Act 1990 amended
5          (1)   The amendments in this section are to the Guardianship and
                 Administration Act 1990*.
                 [* Reprinted as at 21 April 1997.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 156-7 and Act No. 3 of 2002.]
10         (2)   Section 3(1) is amended by deleting the definition of "legal
                 practitioner" and inserting the following definition instead --
                 "
                       "legal practitioner" means a legal practitioner as
                           defined in the Legal Practice Act 2002;
15                                                                                 ".
           (3)   Section 6(3)(a) is amended by deleting "practitioner as defined
                 in the Legal Practitioners Act 1893" and inserting instead --
                 "   legal practitioner   ".
           (4)   Sections 51(3) and 70(3) are amended by deleting "Legal
20               Practitioners Act 1893" and inserting instead --
                 "   Legal Practice Act 2002    ".

     41.         Industrial Relations Act 1979 amended
           (1)   The amendments in this section are to the Industrial Relations
                 Act 1979*.
25               [* Reprinted as at 4 February 2000.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 177 and Act No. 20 of 2002.]




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     s. 42


           (2)   Section 7(1) is amended by deleting the definition of "legal
                 practitioner" and inserting the following definition instead --
                 "
                       "legal practitioner" means a certificated practitioner
5                          within the meaning of the Legal Practice
                           Act 2002;
                                                                                       ".
           (3)   Sections 42B(7), 97UJ(5) and 112A(3) are amended by deleting
                 "section 77A of the Legal Practitioners Act 1893" and inserting
10               instead --
                 "   section 123(3)(c) of the Legal Practice Act 2002         ".

     42.         Juries Act 1957 amended
           (1)   The amendments in this section are to the Juries Act 1957*.
                 [* Reprinted as at 3 July 2000.]
15         (2)   Sections 56A(1), in paragraph (b) of the definition of
                 "prosecuting officer", 56B(2)(h) and 56C(2)(g) are amended by
                 deleting "practitioner as defined by the Legal Practitioners
                 Act 1893" and inserting instead --
                          "
20                                legal practitioner (as defined in the Legal
                                  Practice Act 2002)
                                                                                       ".
           (3)   The Second Schedule Part I item 1(f) is deleted and the
                 following paragraph is inserted instead --
25                    "
                          (f)   Legal practitioner (as defined in the Legal Practice
                                Act 2002).
                                                                                       ".
     43.         Justices Act 1902 amended
30         (1)   The amendments in this section are to the Justices Act 1902*.


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                                                                                    s. 44


                 [* Reprinted as at 8 October 2001.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 193 and Act No. 27 of 2002.]
           (2)   Section 183 is amended by deleting the definition of "legal
5                practitioner" and inserting the following definition instead --
                 "
                           "legal practitioner" means a legal practitioner as
                               defined in the Legal Practice Act 2002;
                                                                                      ".
10   44.         Land Valuers Licensing Act 1978 amended
           (1)   The amendments in this section are to the Land Valuers
                 Licensing Act 1978*.
                 [* Reprinted as at 3 May 2002.]
           (2)   Section 4 is amended by deleting the definition of "legal
15               practitioner" and inserting the following definition instead --
                 "
                           "legal practitioner" means a certificated practitioner
                               within the meaning of the Legal Practice
                               Act 2002;
20                                                                                    ".
     45.         Law Reform Commission Act 1972 amended
           (1)   The amendments in this section are to the Law Reform
                 Commission Act 1972*.
                 [* Reprinted as at 26 October 2001.]
25         (2)   Section 6(1) is amended as follows:
                     (a)    in paragraph (a) by deleting "within the meaning of
                            section 3 of the Legal Practitioners Act 1893," and
                            inserting instead --
                 "
30                          (within the meaning of the Legal Practice Act 2002)
                                                                                      ";

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     s. 46


                      (b)    in paragraph (c) by deleting "practitioner within the
                             meaning of section 3 of the Legal Practitioners
                             Act 1893," and inserting instead --
                             "
5                                  legal practitioner (as defined in the Legal
                                   Practice Act 2002)
                                                                                      ".

     46.             Law Society Public Purposes Trust Act 1985 amended
           (1)       The amendments in this section are to the Law Society Public
10                   Purposes Trust Act 1985*.
                     [* Act No. 60 of 1985.
                        For subsequent amendments see 2001 Index to Legislation of
                        Western Australia, Table 1, p. 202.]
           (2)       Section 2 is amended as follows:
15                    (a) by inserting before "In this Act" the subsection
                            designation "(1)";
                      (b) by deleting the definitions of "trust account" and "trust
                            moneys";
                      (c) in the definition of "Trust Deed" by deleting the
20                          semi-colon and inserting a full stop instead;
                      (d) by adding the following subsection --
                 "
                     (2)    A word or expression used in this Act has the same
                            meaning as it has in the Legal Practice Act 2002
25                          unless --
                              (a) this Act gives it another meaning; or
                             (b) the contrary intention appears in some other
                                   way.
                                                                                      ".




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                                                                             s. 47


           (3)   Section 3(1) is amended by deleting "by legal practitioners, or
                 firms of legal practitioners" and inserting instead --
                 "   under the Legal Practice Act 2002    ".
     47.         Legal Aid Commission Act 1976 amended
5          (1)   The amendments in this section are to the Legal Aid
                 Commission Act 1976*.
                 [* Reprinted as at 5 March 1999.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 203.]
10         (2)   Section 4(1) is amended as follows:
                   (a) by deleting the definitions of "Barristers' Board" and
                        "practitioner";
                   (b) by inserting the following definitions in the appropriate
                        alphabetical positions --
15               "
                       "certificated practitioner" has the same meaning as
                           in the Legal Practice Act 2002;
                       "Legal Practice Board" means the Board established
                           by section 6 of the Legal Practice Act 2002;
20                     "practitioner" means a legal practitioner as defined in
                           the Legal Practice Act 2002;
                                                                                ";
                   (c) by deleting the definition of "private practitioner" and
                        inserting instead --
25               "
                       "private practitioner" means a certificated
                           practitioner who is --
                           (a) practising on his or her own account whether
                                 alone or in partnership;
30                         (b) an employee of a certificated practitioner
                                 who is so practising; or



                                                                          page 27
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     s. 47


                              (c)     an employee or officer of an incorporated
                                      legal practice (as defined in the Legal
                                      Practice Act 2002);
                                                                                      ".
5       (3)    Section 14(1) is amended by deleting "Division 4 of Part VI of
               the Legal Practitioners Act 1893" and inserting instead --
               "    Part 13 Division 3 of the Legal Practice Act 2002            ".
        (4)    Section 19(3) is amended by deleting "Legal Practitioners
               Act 1893" and inserting instead --
10             "    Legal Practice Act 2002           ".
        (5)    Section 39(1a) is amended by deleting "section 63(1) of the
               Legal Practitioners Act 1893" and inserting instead --
               "    section 227(1) of the Legal Practice Act 2002           ".
        (6)    Section 40(4) is amended as follows:
15              (a) in paragraph (b) --
                        (i) by inserting after "member of a firm" the
                              following --
                         "
                                    or director of an incorporated legal practice
20                                                                                    ";
                             (ii)
                                by inserting after "the firm" the following --
                                " or incorporated legal practice ";
                   (b)   in paragraph (c) --
                           (i) by inserting after "firm of private practitioners"
25                              the following --
                         "
                                    or an officer or employee of an incorporated
                                    legal practice
                                                                                      ";



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                                                                                 s. 47


                         (ii)    by deleting in the second place it occurs "or
                                 firm" and inserting instead --
                     "
                                , firm or incorporated legal practice
5                                                                                  ".
      (7)   Section 40(6a) is amended by deleting "Part IV of the Legal
            Practitioners Act 1893 by the Barristers' Board" and inserting
            instead --
            "
10                Part 12 of the Legal Practice Act 2002 by the Legal
                  Practice Board
                                                                                   ".
      (8)   Section 56(2)(f) is deleted and the following paragraph is
            inserted instead --
15               "
                     (f)        the Legal Practice Board,
                                                                                   ".
      (9)   Section 61(1) is amended by deleting "Legal Practitioners
            Act 1893" and inserting instead --
20          "   Legal Practice Act 2002           ".
     (10)   Section 61(4) is amended by deleting "Part V of the Legal
            Practitioners Act 1893" and inserting instead --
            "   Part 10 of the Legal Practice Act 2002           ".
     (11)   Section 64(2c) is amended by deleting "Barristers' Board for the
25          purposes of the Legal Practitioners Act 1893" and inserting
            instead --
            "
                  Legal Practice Board for the purposes of the Legal
                  Practice Act 2002
30                                                                                 ".



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     s. 48


       (12)      Section 64(4)(c) is deleted and the following paragraph is
                 inserted instead --
                     "
                         (c)   in an inquiry by the Legal Practice Board, or in
5                              proceedings before the Supreme Court, under
                               the Legal Practice Act 2002.
                                                                                  ".

     48.         Legal Practitioners Act Amendment Act 1976 amended
                 Section 5 of the Legal Practitioners Act Amendment Act 1976*
10               is repealed.
                 [* Act No. 113 of 1976.]
     49.         Local Courts Act 1904 amended
           (1)   The amendments in this section are to the Local Courts
                 Act 1904*.
15               [* Reprinted as at 12 January 2001.]
           (2)   Section 83 is amended by deleting "determinations under
                 section 58W of the Legal Practitioners Act 1893" and inserting
                 instead --
                 "
20                    legal costs determination (as defined in the Legal
                      Practice Act 2002
                                                                                  ".
           (3)   Section 87 is amended by deleting "according to the costs fixed
                 by determinations under section 58W of the Legal Practitioners
25               Act 1893" and inserting instead --
                 "
                      in accordance with any legal costs determination (as
                      defined in the Legal Practice Act 2002)
                                                                                  ".




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                                                                                  s. 50


     50.         Long Service Leave Act 1958 amended
           (1)   The amendments in this section are to the Long Service Leave
                 Act 1958*.
                 [* Reprinted as approved 11 July 1974.
5                   For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 222 and Act No. 20 of 2002.]
           (2)   Section 37 is amended by deleting "legal practitioner who is a
                 certificated practitioner under and for the purposes of the Legal
                 Practitioners Act 1893" and inserting instead --
10               "
                       certificated practitioner (within the meaning of the
                       Legal Practice Act 2002)
                                                                                     ".

     51.         Mental Health Act 1996 amended
15         (1)   The amendments in this section are to the Mental Health
                 Act 1996*.
                 [* Act No. 68 of 1996.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 231.]
20         (2)   Section 3 is amended by deleting the definition of "legal
                 practitioner" and inserting the following definition instead --
                 "
                       "legal practitioner" means a legal practitioner as
                           defined in the Legal Practice Act 2002;
25                                                                                   ".
           (3)   Schedule 2 clause 3(3) is amended by deleting ", within the
                 meaning of the Legal Practitioners Act 1893," and inserting
                 instead --
                 "   (within the meaning of the Legal Practice Act 2002)   ".



                                                                                page 31
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     s. 52


     52.         Mining Act 1978 amended
           (1)   The amendments in this section are to the Mining Act 1978*.
                 [* Reprinted as at 7 September 2001.
                    For subsequent amendments see 2001 Index to Legislation of
5                   Western Australia, Table 1, p. 246 and Act No. 15 of 2002.]
           (2)   Section 162(2)(r) is amended by deleting "determinations under
                 section 58W of the Legal Practitioners Act 1893" and inserting
                 instead --
                        "
10                            legal costs determination (as defined in the
                              Legal Practice Act 2002)
                                                                                ".

     53.         Motor Vehicle (Third Party Insurance) Act 1943 amended
           (1)   The amendments in this section are to the Motor Vehicle (Third
15               Party Insurance) Act 1943*.
                 [* Reprinted as at 20 November 1998.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 252 and Act No. 7 of 2002.]
           (2)   Section 27A(2) is amended by deleting "a determination in
20               force under section 58W of the Legal Practitioners Act 1893"
                 and inserting instead --
                 "
                      any legal costs determination (as defined in the Legal
                      Practice Act 2002) that is in force
25                                                                              ".

     54.         Official Prosecutions (Defendants' Costs) Act 1973 amended
           (1)   The amendments in this section are to the Official Prosecutions
                 (Defendants' Costs) Act 1973*.
                 [* Reprinted as at 19 February 1999.]



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                                                                                   s. 55


           (2)       Section 5(5) is repealed and the following is inserted instead --
                 "
                     (5)   The amount of costs ordered, other than Court fees,
                           shall be in accordance with the scale fixed from time to
5                          time by a legal costs determination (as defined in the
                           Legal Practice Act 2002).
                                                                                      ".
     55.             Osteopaths Act 1997 amended
           (1)       The amendments in this section are to the Osteopaths
10                   Act 1997*.
                     [* Act No. 58 of 1997.
                        For subsequent amendments see 2001 Index to Legislation of
                        Western Australia, Table 1, p. 263.]
           (2)       Section 3 is amended by deleting the definition of "legal
15                   practitioner" and inserting the following definition instead --
                     "
                           "legal practitioner" means a legal practitioner as
                               defined in the Legal Practice Act 2002;
                                                                                      ".
20   56.             Psychologists Registration Act 1976 amended
           (1)       The amendments in this section are to the Psychologists
                     Registration Act 1976*.
                     [* Act No. 141 of 1976.
                        For subsequent amendments see 2001 Index to Legislation of
25                      Western Australia, Table 1, p. 301.]
           (2)       Section 9(1)(d) is amended by deleting "practitioners within the
                     meaning of the Legal Practitioners Act, 1893" and inserting
                     instead --
                            "
30                                legal practitioners (as defined in the Legal
                                  Practice Act 2002)
                                                                                      ".

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     s. 57


     57.         Public Notaries Act 1979 amended
           (1)   The amendments in this section are to the Public Notaries
                 Act 1979*.
                 [* Act No. 70 of 1979.
5                   For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 303.]
           (2)   Section 7(2)(a) is amended by deleting "Legal Practitioners
                 Act, 1893" and inserting instead --
                 "   Legal Practice Act 2002    ".
10         (3)   Section 15A is amended by deleting "by a determination under
                 section 58W of the Legal Practitioners Act 1893" and inserting
                 instead --
                 "
                       by legal costs determination (as defined in the Legal
15                     Practice Act 2002)
                                                                               ".
           (4)   Section 16(2) is amended by deleting "Legal Practitioners
                 Act, 1893" and inserting instead --
                 "   Legal Practice Act 2002    ".

20   58.         Racing Penalties (Appeals) Act 1990 amended
           (1)   The amendments in this section are to the Racing Penalties
                 (Appeals) Act 1990*.
                 [* Reprinted as at 19 October 2001.]
           (2)   Section 16(7) is amended by deleting "certificated legal
25               practitioner within the meaning of the Legal Practitioners
                 Act 1893" and inserting instead --
                 "
                       certificated practitioner (within the meaning of the
                       Legal Practice Act 2002)
30                                                                             ".

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                                                                                   s. 59


           (3)   Section 25(2)(g) is amended by deleting "order made under
                 section 58W of the Legal Practitioners Act 1893" and inserting
                 instead --
                        "
5                                 legal costs determination (as defined in the
                                  Legal Practice Act 2002)
                                                                                      ".
     59.         Real Estate and Business Agents Act 1978 amended
           (1)   The amendments in this section are to the Real Estate and
10               Business Agents Act 1978*.
                 [* Reprinted as at 9 March 2001.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 317.]
           (2)   Section 4(1) is amended by deleting the definition of "legal
15               practitioner" and inserting the following definition instead --
                 "
                      "legal practitioner" means a certificated practitioner
                          within the meaning of the Legal Practice
                          Act 2002;
20                                                                                    ".
           (3)   Section 131A is amended in the definition of "incidental
                 expenses" by deleting paragraph (d) and inserting the following
                 paragraph instead --
                        "
25                          (d)     the costs of a legal practitioner;
                                                                                      ".

     60.         Registration of Deeds Act 1856 amended
           (1)   The amendments in this section are to the Registration of Deeds
                 Act 1856*.
30               [* Reprinted as approved 16 March 1976.]



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     s. 61


           (2)   Section 6 is amended by deleting "practitioner within the
                 meaning of the Legal Practitioners Act, 1893," and inserting
                 instead --
                 "
5                          legal practitioner (as defined in the Legal Practice
                           Act 2002)
                                                                                      ".

     61.         Residential Tenancies Act 1987 amended
           (1)   The amendments in this section are to the Residential Tenancies
10               Act 1987*.
                 [* Reprinted as at 22 January 1999.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 321.]
           (2)   Section 22(6) is amended as follows:
15                (a) by deleting the definition of "legal practitioner" and
                        inserting the following definition instead --
                 "
                           "legal practitioner" means a legal practitioner as
                               defined in the Legal Practice Act 2002;
20                                                                                    ";
                     (b)    in the definition of "legally qualified person" by deleting
                            "articled law clerk" and inserting instead --
                            "
                               articled clerk (as defined in the Legal Practice
25                             Act 2002)
                                                                                      ".
     62.         Retirement Villages Act 1992 amended
           (1)   The amendments in this section are to the Retirement Villages
                 Act 1992*.




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            Amendments to other Acts consequential on enactment of      Part 3
                                           Legal Practice Act 2002

                                                                                s. 63


                 [* Reprinted as at 22 January 1999.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 323.]
           (2)   Section 24 is amended by deleting "practitioner within the
5                meaning of the term in the Legal Practitioners Act 1893" and
                 inserting instead --
                 "
                       legal practitioner (as defined in the Legal Practice
                       Act 2002)
10                                                                                ".
           (3)   Section 47(8) is amended as follows:
                   (a) by deleting the definition of "legal practitioner" and
                         inserting the following definition instead --
                 "
15                     "legal practitioner" means a legal practitioner as
                            defined in the Legal Practice Act 2002;
                                                                                  ";
                  (b)   in the definition of "legally qualified person" by deleting
                        "articled law clerk" and inserting instead --
20                      "
                           articled clerk (as defined in the Legal Practice
                           Act 2002)
                                                                                  ".
     63.         Royal Commission (Police) Act 2002 amended
25         (1)   The amendments in this section are to the Royal Commission
                 (Police) Act 2002*.
                 [* Act No. 10 of 2002.]
           (2)   Section 3(1) is amended by deleting the definition of "legal
                 practitioner" and inserting the following definition instead --
30               "
                       "legal practitioner" means a legal practitioner as
                            defined in the Legal Practice Act 2002;
                                                                                  ".

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                  Legal Practice Act 2002

     s. 64


     64.         Sale of Land Act 1970 amended
           (1)   The amendments in this section are to the Sale of Land
                 Act 1970*.
                 [* Reprinted as at 25 January 2002.]
5          (2)   Section 14(2)(b)(ii) is amended by deleting ", as defined in
                 section 3 of the Legal Practitioners Act 1893," and inserting
                 instead --
                 "   (within the meaning of the Legal Practice Act 2002) ".

     65.         Security and Related Activities (Control) Act 1996 amended
10         (1)   The amendments in this section are to the Security and Related
                 Activities (Control) Act 1996*.
                 [* Act No. 27 of 1996.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 338.]
15         (2)   Section 28(2)(a) is amended by deleting "practitioner holding a
                 current practice certificate under the Legal Practitioners
                 Act 1893," and inserting instead --
                        "
                              certificated practitioner (within the meaning of
20                            the Legal Practice Act 2002)
                                                                                 ".

     66.         Settlement Agents Act 1981 amended
           (1)   The amendments in this section are to the Settlement Agents
                 Act 1981*.
25               [* Reprinted as at 3 November 2000.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 341.]




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                                                                                s. 67


           (2)   Section 3(1) is amended by deleting the definition of "legal
                 practitioner" and inserting the following definition instead --
                 "
                       "legal practitioner" means a certificated practitioner
5                          within the meaning of the Legal Practice
                           Act 2002;
                                                                                   ".
           (3)   Section 46(5) is amended by deleting "provisions of the Legal
                 Practitioners Act 1893" and inserting instead --
10               "   Legal Practice Act 2002,    ".

     67.         Strata Titles Act 1985 amended
           (1)   The amendments in this section are to the Strata Titles
                 Act 1985*.
                 [* Reprinted as at 1 July 1999.
15                  For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 363 and Act No. 24 of 2002.]
           (2)   Section 72 is amended by deleting "practitioner within the
                 meaning of the term in the Legal Practitioners Act 1893" and
                 inserting instead --
20               "
                       legal practitioner (as defined in the Legal Practice
                       Act 2002)
                                                                                   ".

     68.         Suitors' Fund Act 1964 amended
25         (1)   The amendments in this section are to the Suitors' Fund
                 Act 1964*.
                 [* Reprinted as at 29 October 1999.]




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     s. 69


           (2)   Section 8(2)(c) is amended by deleting "Barristers' Board
                 constituted under the Legal Practitioners Act 1893" and
                 inserting instead --
                         "
5                              Legal Practice Board established by the Legal
                               Practice Act 2002
                                                                                ".

     69.         Supreme Court Act 1935 amended
           (1)   The amendments in this section are to the Supreme Court
10               Act 1935*.
                 [* Reprinted as at 9 February 2001.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 370 and Act No. 23 of 2002.]
           (2)   Section 4 is amended by inserting the following definition in the
15               appropriate alphabetical position --
                 "
                       "legal practitioner" means a legal practitioner as
                           defined in the Legal Practice Act 2002;
                                                                                ".
20         (3)   Section 11A(2)(a) is amended by deleting "practitioner as
                 defined in the Legal Practitioners Act 1893" and inserting
                 instead --
                 "   legal practitioner   ".
           (4)   Section 11A(2)(b) is amended by deleting "person who has been
25               admitted as a practitioner under the Legal Practitioners
                 Act 1893" and inserting instead --
                 "   legal practitioner   ".




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                                           Legal Practice Act 2002

                                                                                 s. 70


           (5)   Section 11A(2a)(a) is amended by deleting "practitioner as
                 defined in the Legal Practitioners Act 1893" and inserting
                 instead --
                 "    legal practitioner   ".
5          (6)   Section 49(1) is amended by deleting "practitioner of the
                 Supreme Court" and inserting instead --
                 "    legal practitioner   ".
           (7)   Section 154(1) is amended by deleting "practitioner as defined
                 by the Legal Practitioners Act 1893" and inserting instead --
10               "    legal practitioner   ".
           (8)   Section 167(1) is amended as follows:
                     (a)   in paragraph (d) by deleting "determinations under
                           section 58W of the Legal Practitioners Act 1893" and
                           inserting instead --
15                         "
                                legal costs determination (as defined in the
                                Legal Practice Act 2002)
                                                                                    ";
                     (b)   in paragraph (da) by deleting "the subject of a
20                         determination under section 58W of the Legal
                           Practitioners Act 1893" and inserting instead --
                           "
                                fixed by legal costs determination (as defined in
                                the Legal Practice Act 2002)
25                                                                                  ".

     70.         Town Planning and Development Act 1928 amended
           (1)   The amendments in this section are to the Town Planning and
                 Development Act 1928*.




                                                                               page 41
     Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
     Part 3       Amendments to other Acts consequential on enactment of
                  Legal Practice Act 2002

     s. 71


                 [* Reprinted as at 3 November 2000.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 382 and Acts Nos. 25 of 2001
                    and 24 of 2002.]
5          (2)   Section 42(2)(a) is amended by deleting "practitioner as defined
                 by the Legal Practitioners Act 1893" and inserting instead --
                        "
                              legal practitioner (as defined in the Legal
                              Practice Act 2002)
10                                                                               ".

     71.         Women's Legal Status Act 1923 amended
           (1)   The amendments in this section are to the Women's Legal Status
                 Act 1923*.
                 [* Act No. 56 of 1923.]
15         (2)   Section 2 is amended by deleting "practitioner within the
                 meaning of that term in the Legal Practitioners Act 1893" and
                 inserting instead --
                 "
                      legal practitioner (as defined in the Legal Practice
20                    Act 2002)
                                                                                 ".

     72.         Workers' Compensation and Rehabilitation Act 1981
                 amended
           (1)   The amendments in this section are to the Workers'
25               Compensation and Rehabilitation Act 1981*.
                 [* Reprinted as at 14 September 2001.]




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                                                                              s. 73


           (2)   Sections 84X(2)(a), 84ZL(2)(a), 84ZQ(1)(a) and 87(2) are
                 amended by deleting "a determination in force under
                 section 58W of the Legal Practitioners Act 1893" and inserting
                 instead --
5                       "
                              any legal costs determination (as defined in the
                              Legal Practice Act 2002)
                                                                                 ".

     73.         Young Offenders Act 1994 amended
10         (1)   The amendments in this section are to the Young Offenders
                 Act 1994*.
                 [* Reprinted as at 8 December 2000.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 423.]
15         (2)   Section 152(5)(b) is amended by deleting "practitioner as
                 defined in the Legal Practitioners Act 1893" and inserting
                 instead --
                        "
                              legal practitioner (as defined in the Legal
20                            Practice Act 2002)
                                                                                 ".




                                                                            page 43
     Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
     Part 4       Legal Contribution Trust Act 1967 amended and transitional
                  provisions

     s. 74


      Part 4 -- Legal Contribution Trust Act 1967 amended
                  and transitional provisions
     74.       The Act amended
               The amendments in this Part are to the Legal Contribution Trust
5              Act 1967*.
               [* Reprinted as at 5 February 1999.
                  For subsequent amendments see 2001 Index to Legislation of
                  Western Australia, Table 1, p. 204.]

     75.       Section 4 amended
10             Section 4 is amended as follows:
                   (a)    by inserting before "In this Act" the subsection
                          designation "(1)";
                   (b)    by deleting the definition of "Board";
                   (c)    by inserting in the appropriate alphabetical positions the
15                        following definitions --
               "
                         "bank" means --
                             (a) an ADI (authorised deposit-taking
                                  institution) as defined in section 5 of the
20                                Banking Act 1959 of the Commonwealth; or
                             (b) a bank constituted by a law of a State or the
                                  Commonwealth;
                         "prescribed" means prescribed by the regulations;
                                                                                   ";
25                 (d)    by deleting the definition of "practitioner" and inserting
                          instead --
               "
                         "practitioner" has the same meaning as "legal
                             practitioner" in the Legal Practice Act 2002 and,
30                           for the purposes of Parts III and IV, where a


     page 44
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         Legal Contribution Trust Act 1967 amended and transitional     Part 4
                                                        provisions

                                                                                      s. 76


                                 practitioner practises in partnership with other
                                 practitioners, and no other person, the expression
                                 includes the partnership;
                                                                                         ";
5                     (e)     in the definition of "professional defalcation" by
                              deleting "clerks or servants" and inserting instead --
                              " employees ";
                       (f)    in the definition of "trust account" by deleting "Legal
                              Practitioners Act 1893" and inserting instead --
10                            " Legal Practice Act 2002 ".
           (2)       At the end of section 4 the following subsection is inserted --
                 "
                     (2)     A word or expression used in this Act has the same
                             meaning as it has in the Legal Practice Act 2002
15                           unless --
                               (a) this Act gives it another meaning; or
                              (b) the contrary intention appears.
                                                                                         ".
     76.             Sections 4A and 4B inserted
20                   After section 4 the following sections are inserted in Part I --
     "
             4A.             Application of Act to multi-disciplinary
                             partnerships and incorporated legal practices
                     (1)     Subject to subsections (2) and (3) and any regulations
25                           that provide otherwise, this Act applies to incorporated
                             legal practices and multi-disciplinary partnerships in
                             the same way as it applies to practitioners, as if a
                             reference in this Act to "practitioner" included a
                             reference to "incorporated legal practice" and
30                           "multi-disciplinary partnership".
                     (2)     For the purposes of the application of this Act to
                             incorporated legal practices, unless the regulations

                                                                                    page 45
     Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
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                  provisions

     s. 76


                     provide otherwise, a reference in this Act to
                     "professional defalcation" is taken to include the
                     stealing or fraudulent conversion, by --
                       (a) an incorporated legal practice;
5                      (b) any one or more of the officers or employees of
                             the incorporated legal practice; or
                       (c) a person with whom the incorporated legal
                             practice shares receipts (other than as principal
                             and agent),
10                   of money or other property at any time entrusted to the
                     incorporated legal practice, a person referred to in
                     paragraph (b) or (c), or any of them, but only if the
                     defalcation occurs in the course of the provision of
                     legal services.
15             (3)   For the purposes of the application of this Act to
                     multi-disciplinary partnerships, unless the regulations
                     provide otherwise, a reference in this Act to
                     "professional defalcation" is taken to include the
                     stealing or fraudulent conversion, by --
20                     (a) a multi-disciplinary partnership;
                       (b) any one or more of the partners or employees of
                             the multi-disciplinary partnership; or
                       (c) a person with whom the multi-disciplinary
                             partnership shares receipts (other than as
25                           principal and agent),
                     of money or other property at any time entrusted to the
                     multi-disciplinary partnership, a person referred to in
                     paragraph (b) or (c), or any of them, but only if the
                     defalcation occurs in the course of the provision of
30                   legal services.
               (4)   Nothing in this section limits the application of this Act
                     to a person who is a practitioner.



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                                                                            s. 76


       4B.      Application of this Act to interstate practitioners
                and practitioners who engage in legal practice
                outside the State
          (1)   In this section --
5               "contributing interstate practitioner" means an
                     interstate practitioner within the meaning of the
                     Legal Practice Act 2002 who --
                           (i) has complied with sections 91 and 93 of
                                 that Act; and
10                        (ii) maintains a trust account in this State.
          (2)   Subject to subsection (3) and any regulations that
                provide otherwise, this Act applies to contributing
                interstate practitioners in the same way as it applies to
                practitioners, as if a reference in this Act to
15              "practitioner" included a reference to "contributing
                interstate practitioner".
          (3)   Subject to this Act and any regulations that provide
                otherwise, a claim lies against the Guarantee Fund --
                  (a) in relation to a pecuniary loss occurring wholly
20                     in this State from a professional defalcation by
                       a local practitioner (whether or not in the
                       course of engaging in legal practice in this
                       State);
                  (b) in relation to a pecuniary loss occurring wholly
25                     in this State from a professional defalcation by
                       a contributing interstate practitioner (whether or
                       not in the course of engaging in legal practice
                       in this State);
                  (c) in relation to a pecuniary loss from a
30                     professional defalcation by a local practitioner
                       (whether or not in the course of engaging in
                       legal practice in this State), if --
                          (i) the loss occurred both in this State and
                                in another State; or

                                                                      page 47
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     s. 77


                                (ii)   the loss occurred in this State or another
                                       State or both, but it cannot be
                                       determined precisely where the loss
                                       occurred;
5                              or
                        (d)    in the circumstances where an agreement or
                               arrangement under subsection (4) provides that
                               a claim is payable.
                 (4)   The Legal Contribution Trust may make agreements or
10                     arrangements with a regulatory authority of another
                       State for the payment of claims arising from
                       professional defalcations by local practitioners or
                       interstate practitioners who are required to contribute to
                       a fidelity fund in this State and in that other State.
15               (5)   This section applies despite anything to the contrary in
                       this Act.
                                                                                    ".

     77.         Heading to Part III replaced
                 The heading to Part III is deleted and the following heading is
20               inserted instead --
     "
                  Part III -- Interest on trust accounts paid
                                   to Fund
                                                                                    ".

25   78.         Sections 10, 11 and 12 repealed and transitional provision
           (1)   Sections 10, 11 and 12 are repealed.
           (2)   Despite section 11 of The Criminal Code, a person may be
                 punished after the commencement of subsection (1) for an
                 offence against repealed section 11.




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                                                        provisions

                                                                                  s. 79


     79.         Section 13 replaced
                 Section 13 is repealed and the following section is inserted
                 instead --
     "
5          13.         Bank to pay interest on trust accounts to Trust
                 (1)   In this section --
                       "relevant period" means --
                            (a) the 6 months ending on 31 December; and
                            (b) the 6 months ending on 30 June,
10                           in each financial year, or such other period as is
                            prescribed.
                 (2)   Each bank with which a trust account is maintained
                       shall pay to the Trust the prescribed percentage of the
                       interest earned on the moneys in the trust account
15                     during the relevant period.
                 (3)   The interest shall be paid to the Trust by the bank at
                       such times as prescribed.
                 (4)   The rate of interest payable on moneys in the trust
                       account shall be --
20                       (a) the rate prescribed by, or determined in
                              accordance with, the regulations; or
                         (b) if no regulations are made as to such a rate, the
                              rate agreed between the bank and the Trust.
                 (5)   This section does not apply in respect of a trust account
25                     if, during the relevant period, the lowest balance of the
                       trust account, or where more than one trust account is
                       maintained by the same practitioner, the lowest sum of
                       the balance of the trust accounts is less than $500.
                                                                                    ".




                                                                             page 49
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     Part 4       Legal Contribution Trust Act 1967 amended and transitional
                  provisions

     s. 80


     80.           Section 14 amended
                   Section 14(1) is amended by deleting "resulting from
                   investments made" and inserting instead --
                   "     received   ".

5    81.           Section 16 amended
                   Section 16(2)(d) and "and" following are deleted and the
                   following paragraph is inserted instead --
                          "
                              (d)   moneys paid to the Trust under section 93 or
10                                  146 of the Legal Practice Act 2002; and
                                                                                       ".

     82.           Section 17 replaced
                   Section 17 is repealed and the following section is inserted
                   instead --
15   "
             17.           Investment of Guarantee Fund
                   (1)     The Trust may, with the approval of the Minister,
                           invest that portion of the Guarantee Fund that is not
                           immediately required for the purposes of this Part --
20                           (a) on deposit with a bank in the State, bearing
                                   interest at a rate agreed between the bank and
                                   the Trust;
                             (b) on loan to the Treasurer at a rate of interest that
                                   is agreed with the Treasurer; or
25                           (c) as trust funds may be invested under Part III of
                                   the Trustees Act 1962.
                   (2)     The Trust shall apply the moneys resulting from
                           investment under subsection (1) in the manner
                           provided by section 14.
30                                                                                     ".


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             Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
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                                                      provisions

                                                                                       s. 83


     83.             Section 18 amended
                     Section 18(1) is amended by deleting "section 58D(b) of the
                     Legal Practitioners Act 1893" and inserting instead --
                     "
5                           section 151(1)(b) of the Legal Practice Act 2002
                                                                                         ".

     84.             Section 28 amended
           (1)       Section 28(1) is amended by deleting "practitioner" in the
                     3 places where it occurs and substituting in each place --
10                   "     person ".
           (2)       Section 28(2) is amended by deleting "practitioner" and
                     inserting instead --
                     "     person ".

     85.             Section 51 amended
15                   Section 51(2) is repealed and the following subsection is
                     inserted --
                 "
                     (2)    An action shall not lie against a practitioner or a bank
                            by reason of anything done by the bank in compliance
20                          with section 13.
                                                                                         ".

     86.             Section 56 amended
           (1)       Section 56(1) is amended by deleting "Without limiting the
                     power to make rules under, and for the purposes of, Part V, the"
25                   and inserting instead --
                     "     The   ".




                                                                                 page 51
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                  provisions

     s. 87


           (2)   Section 56(2)(a) is deleted and the following paragraphs are
                 inserted instead --
                      "
                           (a)   for the purposes of section 4A, making
5                                provision as to the application of this Act to
                                 incorporated legal practices and
                                 multi-disciplinary partnerships;
                          (aa)   for the purposes of section 13, prescribing --
                                    (i) the percentage of interest to be paid to
10                                       the Trust;
                                   (ii) the times at which interest is to be paid
                                         to the Trust;
                                  (iii) the rate at which interest is to be paid, or
                                         how the rate is to be determined; and
15                                (iv) the relevant period;
                                                                                       ".

     87.         Transitional provisions
           (1)   In this section --
                 "commencement day" means the day on which Part 10 of the
20                    Legal Practice Act 2002 comes into operation;
                 "Trust" means the Legal Contribution Trust established under
                      the Legal Contribution Trust Act 1967.
           (2)   Moneys that, on the commencement day, are maintained on
                 deposit by a legal practitioner to the credit of the Trust under
25               section 11 of the Legal Contribution Trust Act 1967 --
                   (a) are to be taken on and after that day to be moneys
                         deposited by the legal practitioner to the credit of a trust
                         account under section 137 of the Legal Practice
                         Act 2002; and
30                 (b) may be dealt with under the Legal Practice Act 2002
                         and the Legal Contribution Trust Act 1967 accordingly.


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                                                   provisions

                                                                      s. 87


    (3)   If moneys deposited by a legal practitioner to the credit of the
          Trust under section 11 of the Legal Contribution Trust Act 1967
          are, immediately before the commencement day, the subject of
          an order made under section 58C of the Legal Practitioners
5         Act 1893, the Trust may continue to apply those moneys for the
          purposes of the order.




                                                                  page 53
     Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
     Part 5       Amendments relating to State Solicitor and savings provision

     s. 88



      Part 5 -- Amendments relating to State Solicitor and
                    savings provision
     88.         Bail Act 1982 amended
           (1)   The amendments in this section are to the Bail Act 1982*.
5                [* Reprinted as at 27 August 1999.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 27 and Acts Nos. 6 and 27 of
                    2002.]
           (2)   Section 7A(2)(a) is amended by deleting "Crown".
10         (3)   Section 21(2)(b) is amended by deleting "Crown".

     89.         The Criminal Code amended
           (1)   The amendments in this section are to The Criminal Code*.
                 [* Reprinted as at 9 February 2001 as the Schedule to the
                    Criminal Code appearing as Appendix B to the Criminal
15                  Code Compilation Act 1913.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 89 and Acts Nos. 3, 6, 8 and
                    27 of 2002.]
           (2)   Section 744 is amended by deleting "Crown" in both places
20               where it occurs and inserting instead --
                 "   State ".




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                                                                            s. 90



     90.         Crown Suits Act 1947 amended
           (1)   The amendments in this section are to the Crown Suits
                 Act 1947*.
                 [* Reprinted as approved 14 April 1971.
5                   For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 91.]
           (2)   Section 6(1)(a) and (3)(c) are amended by deleting "Crown" and
                 inserting instead --
                 "   State ".

10   91.         Escheat (Procedure) Act 1940 amended
           (1)   The amendments in this section are to the Escheat (Procedure)
                 Act 1940*.
                 [* Act No. 45 of 1940.
                    For subsequent amendments see 2001 Index to Legislation of
15                  Western Australia, Table 1, p. 118.]
           (2)   Section 4 is amended by deleting "Crown Solicitor" and
                 inserting instead --
                 "   State Solicitor   ".

     92.         Financial Administration and Audit Act 1985 amended
20         (1)   The amendments in this section are to the Financial
                 Administration and Audit Act 1985*.
                 [* Reprinted as at 24 November 2000.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 131 and Acts Nos. 5 and
25                  20 of 2002 and Gazettes 22 March 2002 p. 1651 and
                    10 May 2002 p. 2445.]
           (2)   Section 88 is amended by deleting "Crown" in both places
                 where it occurs and inserting instead --
                 "   State ".

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     93.         The Grand Jury Abolition Act Amendment Act 1883 amended
           (1)   The amendments in this section are to The Grand Jury Abolition
                 Act Amendment Act 1883*.
                 [* Act No. 47 Vict., No. 6.
5                   For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 156.]
           (2)   Section 10 is amended by deleting "Crown" and inserting
                 instead --
                 "   State ".

10   94.         Law Reform Commission Act 1972 amended
           (1)   The amendments in this section are to the Law Reform
                 Commission Act 1972*.
                 [* Reprinted as at 26 October 2001.]
           (2)   Section 6(1)(c) is amended by deleting "Crown Solicitor's
15               Office of the State" and inserting instead --
                 "   State Solicitor's Office   ".

     95.         Public Trustee Act 1941 amended
           (1)   The amendments in this section are to the Public Trustee
                 Act 1941*.
20               [* Reprinted as at 4 May 2001.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 308 and Act No. 3 of 2002.]
           (2)   Section 17 is amended by deleting "Crown Solicitor" and
                 inserting instead --
25               "   State Solicitor   ".




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     96.         Workers' Compensation and Rehabilitation Act 1981
                 amended
           (1)   The amendments in this section are to the Workers'
                 Compensation and Rehabilitation Act 1981*.
5                [* Reprinted as at 14 September 2001.]
           (2)   Section 84I(5)(a) is amended by deleting "State Crown" and
                 inserting instead --
                 "   State ".

     97.         References to Crown Solicitor
10               If in a written law or other document or instrument there is a
                 reference to the Crown Solicitor that reference may, where the
                 context so requires, be read as if it had been amended to be a
                 reference to the State Solicitor.




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     s. 98



           Part 6 -- Amendments to the Judges' Salaries and
                        Pensions Act 1950
     98.          The Act amended
                  The amendments in this Part, other than section 106, are to the
5                 Judges' Salaries and Pensions Act 1950*.
                  [* Reprinted as at 3 March 1994.
                     For subsequent amendments see 2001 Index to Legislation of
                     Western Australia, Table 1, p. 187.]

     99.          Section 2 amended
10                Section 2(1) is amended by deleting the definition of "Index"
                  and inserting the following definitions in their appropriate
                  alphabetical positions --
                  "
                        "actuary" means a Fellow or Accredited Member of
15                          The Institute of Actuaries of Australia;
                        "Index" means the Consumer Price Index number (All
                            Groups Index) for Perth published by the
                            Commonwealth Statistician under the Census and
                            Statistics Act 1905 of the Commonwealth;
20                                                                                  ".

     100.         Section 6 amended
                  After section 6(2b) the following subsection is inserted --
             "
                 (2c)   Unless the Governor decides otherwise no pension is
25                      payable under this section to a Judge who has been
                        removed under section 55 of the Constitution Act 1889,
                        or section 9 of the Supreme Court Act 1935.
                                                                                    ".




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                                                                                s. 101



     101.         Section 8B amended
          (1)     Section 8B(1) is amended by deleting "such percentage as is
                  determined by the Treasurer to be".
          (2)     Section 8B(4) is amended by deleting "Where, for the purposes
5                 of determining the increase to be made in pensions for any year,
                  the Treasurer determines that the Index for a" and inserting
                  instead --
                  "     If, in any year, the Index for the   ".

     102.         Section 11 amended
10                Section 11(b) is amended by inserting after "monthly" --
                  " , or at such other frequency as is agreed between the
                  Minister and the person entitled to the pension, ".

     103.         Section 14 repealed
                  Section 14 is repealed.

15   104.         Sections 16 to 19 inserted
                  After section 15 the following sections are inserted --
     "
            16.           Commutation of pension to meet surcharge debt
                  (1)     A retired Judge who --
20                         (a) is in receipt of a pension under this Act; and
                           (b) is liable to pay a surcharge as a result of
                                  becoming entitled to that pension,
                          may commute part of the pension for the purpose of
                          paying all or part of the surcharge.
25                (2)     If a surcharge becomes payable from the estate of a
                          deceased Judge or retired Judge, a person who is in
                          receipt of a pension under section 7 as a result of the
                          Judge's or retired Judge's death may commute part of

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                     the pension for the purpose of paying all or part of the
                     surcharge on behalf of the executor or administrator of
                     the estate.
               (3)   A person wanting to commute a pension under
5                    subsection (1) or (2) is to give to the Minister a notice
                     to that effect, setting out the amount of the lump sum
                     benefit that the person wants to be paid (the
                     "requested amount"), which cannot be more than the
                     surcharge.
10             (4)   On receipt of a notice under subsection (3) the Minister
                     is to give to the person a notice setting out the amount
                     by which the person's pension would be reduced under
                     subsection (6)(b) if the commutation was effected on
                     the day on which the Minister gives the notice.
15             (5)   If, after receiving the Minister's notice, the person
                     wants to proceed with the commutation, the person is
                     to give to the Minister a notice to that effect.
               (6)   On receipt by the Minister of a notice under
                     subsection (5) --
20                     (a) the person becomes entitled to a lump sum
                             benefit of an amount equal to the requested
                             amount; and
                       (b) the person's pension (as at the date of that
                             receipt) is reduced to an amount determined by
25                           the Minister, on the advice of an actuary, to be
                             actuarially equivalent to the value of the
                             pension before the application of this section,
                             reduced by the requested amount.
               (7)   A notice given to the Minister for the purposes of this
30                   section is to be --
                       (a) made in the form and manner, and given within
                             the period, determined by the Minister; and



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                                                                           s. 104



                     (b)    accompanied by such information as is
                            determined by the Minister.
              (8)   In this section --
                    "surcharge" means an amount payable to the
5                        Commissioner of Taxation under the
                         Superannuation Contributions Tax (Members of
                         Constitutionally Protected Superannuation Funds)
                         Imposition Act 1997 of the Commonwealth or any
                         other Act of the Commonwealth prescribed for the
10                       purposes of this definition.
        17.         Benefit if no pension payable
              (1)   If a Judge ceases to hold office as a Judge (other than
                    as a result of the death of the Judge) but does not
                    become entitled to a pension under this Act, the Judge
15                  is entitled to --
                       (a) if the Judge is under 55 years of age, a
                             preserved benefit; or
                      (b) otherwise, payment of a lump sum benefit,
                    of an amount determined under subsection (3).
20            (2)   If a Judge who does not have a spouse or de facto partner
                    dies while still in office a lump sum benefit of an amount
                    determined under subsection (3) is to be paid to the
                    executor or administrator of the Judge's estate.
              (3)   The amount of the lump sum benefit is the amount
25                  determined by the Minister on the advice of an actuary
                    to be --
                       (a) the minimum benefit required for the State not
                             to incur an individual superannuation guarantee
                             shortfall in respect of the Judge; less
30                    (b) the employer sponsored component of any
                             benefit --
                               (i) to which the Judge is entitled as a result
                                      of ceasing to hold office as a Judge; or


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                              (ii)   payable as a result of the death of the
                                     Judge,
                             (as the case requires) from any other
                             superannuation scheme to which the State
5                            contributed in respect of the Judge while he or
                             she was a Judge.
               (4)   A preserved benefit to which a Judge is entitled under
                     subsection (1)(b) is to be dealt with in accordance with
                     the Superannuation Industry (Supervision) Act 1993 of
10                   the Commonwealth as if --
                       (a) the benefit were a preserved benefit in a
                            regulated superannuation fund (within the
                            meaning of that Act); and
                       (b) the preservation age for the Judge was 55 years
15                          (or such greater age as is prescribed).
               (5)   If a Judge who is entitled to a benefit under
                     subsection (1) dies before it is paid, the benefit is to be
                     paid to the executor or administrator of the Judge's
                     estate.
20             (6)   Benefits payable under this section are to be charged to
                     the Consolidated Fund which is, to the necessary
                     extent, appropriated accordingly.
               (7)   The Governor may make regulations prescribing an age
                     greater than 55 years for the purposes of
25                   subsection (4)(b).
               (8)   In subsection (3) --
                     "individual superannuation guarantee shortfall" has
                          the meaning given by section 17 of the
                          Superannuation Guarantee (Administration)
30                        Act 1992 of the Commonwealth.




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        18.         Conversion of lump sum to meet surcharge debt
              (1)   A Judge who becomes entitled to a lump sum benefit
                    under section 17 and is liable to pay a surcharge as a
                    result of becoming entitled to that benefit may --
5                     (a) convert all or part of the benefit into a
                            commutable pension; and
                      (b) fully commute that pension.
              (2)   A Judge wanting to convert a benefit under
                    subsection (1) is to give to the Minister a notice to that
10                  effect, setting out the amount that the Judge wants to be
                    paid in the form of the commuted pension (the
                    "requested amount"), which cannot be more than the
                    surcharge.
              (3)   On receipt by the Minister of a notice under
15                  subsection (2) --
                      (a) the benefit to which the Judge is entitled under
                            section 17 is reduced by the amount of the
                            requested amount;
                      (b) the Judge becomes entitled to a pension of an
20                          amount calculated to be actuarially equivalent
                            to a lump sum benefit of the requested amount;
                            and
                      (c) that pension is commuted into, and the Judge
                            becomes entitled to, a lump sum of the amount
25                          of the requested amount.
              (4)   In this section --
                    "surcharge" has the same meaning as in section 16.

        19.         Administration costs
                    The costs of administering sections 6 to 17 are to be
30                  charged to the Consolidated Fund which is, to the
                    necessary extent, appropriated accordingly.
                                                                                 ".

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     105.         Second Schedule amended
                  Second Schedule Part III item 2 is amended by deleting
                  "Treasurer" and inserting instead --
                  "     Minister   ".

5    106.         State Superannuation (Transitional and Consequential
                  Provisions) Act 2000 amended
         (1)      The amendments in this section are to the State Superannuation
                  (Transitional and Consequential Provisions) Act 2000*.
                  [* Act No. 43 of 2000.]
10       (2)      Section 51(4) is repealed and the following subsection is
                  inserted instead --
     "
                  (4)     Section 8A is repealed and the following section is
                          inserted instead --
15          "
                8A.       Reduction of spouse or de facto partner's pension
                          If the spouse or de facto partner of a Judge --
                            (a) is entitled to, or in receipt of, a spouse or de
                                   facto partner's pension under this Act; and
20                          (b) is in receipt of a spouse or de facto partner's
                                   pension under the State Superannuation
                                   Act 2000,
                          then the pension under this Act is to be reduced by an
                          amount equal to the State share (as defined under the
25                        State Superannuation Act 2000) of the pension under
                          that Act.
                                                                                   ".
                                                                                        ".




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                    Amendments about qualifications for appointment       Part 7

                                                                               s. 107



            Part 7 -- Amendments about qualifications for
                          appointment
     107.        Children's Court of Western Australia Act 1988 amended
       (1)       The amendments in this section are to the Children's Court of
5                Western Australia Act 1988*.
                 [* Reprinted as at 25 August 2000.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 51 and Act No. 27 of 2002.]
       (2)       Section 3 is amended by inserting before "In this Act" the
10               subsection designation (1).
       (3)       At the end of section 3 the following subsection is inserted --
             "
                 (2)   For the purposes of this Act, "legal experience" is --
                        (a) standing and practice in the State as a legal
15                             practitioner (as defined in the Legal Practice
                               Act 2002);
                        (b) standing and practice in another State or a
                               Territory as a barrister or solicitor of the
                               Supreme Court of that State or Territory;
20                      (c) judicial service (including service as a judge of
                               a court, a magistrate or other judicial officer) in
                               the State or elsewhere in a common law
                               jurisdiction; or
                        (d) a combination of 2 or more kinds of legal
25                             experience defined in this subsection.
                                                                                     ".




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        (4)       Section 7(2) is repealed and the following subsection is inserted
                  instead --
              "
                  (2)   A person is not eligible for appointment as a Judge
5                       unless that person --
                          (a) is or has been a legal practitioner and has had
                                not less than 8 years' legal experience; or
                         (b) is a practising barrister of the High Court of
                                Australia and has had not less than 8 years'
10                              legal experience.
                                                                                 ".

     108.         Commercial Tribunal Act 1984 amended
        (1)       The amendments in this section are to the Commercial Tribunal
                  Act 1984*.
15                [* Reprinted as at 10 May 2002.]
        (2)       Section 5(1) is amended by deleting "practitioner as defined by
                  the Legal Practitioners Act 1893" and inserting instead --
                  "
                        legal practitioner (as defined in the Legal Practice
20                      Act 2002) or a barrister or solicitor of the Supreme
                        Court of another State or a Territory
                                                                                 ".
     109.         Criminal Injuries Compensation Act 1985 amended
        (1)       The amendments in this section are to the Criminal Injuries
25                Compensation Act 1985*.
                  [* Reprinted as at 12 February 1997.]
        (2)       Section 3(1) is amended by deleting the definition of "qualified
                  person" and inserting the following definition instead --
                  "
30                      "qualified person" means a person who is a legal
                           practitioner (as defined in the Legal Practice

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                                                                                s. 110



                            Act 2002) or a barrister or solicitor of the Supreme
                            Court of another State or a Territory of not less
                            than 8 years' standing and practice.
                                                                                   ".
5    110.         Director of Public Prosecutions Act 1991 amended
        (1)       The amendments in this section are to the Director of Public
                  Prosecutions Act 1991*.
                  [* Reprinted as at 1 June 2001.
                     For subsequent amendments see 2001 Index to Legislation of
10                   Western Australia, Table 1, p. 100 and Act No. 27 of 2002.]
        (2)       Section 5(2) is amended by inserting after "legal
                  practitioner" --
                  "
                        or a barrister or solicitor of the Supreme Court of
15                      another State or a Territory
                                                                                   ".
     111.         District Court of Western Australia Act 1969 amended
        (1)       The amendments in this section are to the District Court of
                  Western Australia Act 1969*.
20                [* Reprinted as at 19 January 2001.
                     For subsequent amendments see 2001 Index to Legislation of
                     Western Australia, Table 1, p. 103 and Act No. 23 of 2002.]
        (2)       Section 6 is amended by inserting before "In this Act" the
                  subsection designation (1).
25      (3)       At the end of section 6 the following subsection is inserted --
              "
                  (2)   For the purposes of this Act, "legal experience" is --
                         (a) standing and practice in the State as a legal
                                practitioner;
30                       (b) standing and practice in another State or a
                                Territory as a barrister or solicitor of the
                                Supreme Court of that State or Territory;

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                          (c)   judicial service (including service as a judge of
                                a court, a magistrate or other judicial officer) in
                                the State or elsewhere in a common law
                                jurisdiction; or
5                        (d)    a combination of 2 or more kinds of legal
                                experience defined in this subsection.
                                                                                      ".
        (4)       Section 10(2) is repealed and the following subsection is
                  inserted instead --
10            "
                  (2)   A person is eligible for appointment as a District Court
                        Judge if that person --
                          (a) is or has been a legal practitioner and has had
                                not less than 8 years' legal experience; or
15                        (b) is a practising barrister of the High Court of
                                Australia and has had not less than 8 years'
                                legal experience.
                                                                                      ".
     112.         Equal Opportunity Act 1984 amended
20      (1)       The amendments in this section are to the Equal Opportunity
                  Act 1984*.
                  [* Reprinted as at 21 July 2000.
                     For subsequent amendments see 2001 Index to Legislation of
                     Western Australia, Table 1, p. 118 and Acts Nos. 3 and 20
25                   of 2002.]
        (2)       Section 96(2)(a) is amended by inserting after "legal
                  practitioner" --
                  "
                        or a barrister or solicitor of the Supreme Court of
30                      another State or a Territory
                                                                                      ".




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                                                                           s. 113



     113.    Fisheries Adjustment Schemes Act 1987 amended
       (1)   The amendments in this section are to the Fisheries Adjustment
             Schemes Act 1987*.
             [* Reprinted as at 3 May 2002.]
5      (2)   Section 14O(2)(a) is amended by deleting "practitioner as
             defined in the Legal Practitioners Act 1893" and inserting
             instead --
             "
                   legal practitioner (as defined in the Legal Practice
10                 Act 2002) or a barrister or solicitor of the Supreme
                   Court of another State or a Territory
                                                                               ".

     114.    Land Valuation Tribunals Act 1978 amended
       (1)   The amendments in this section are to the Land Valuation
15           Tribunals Act 1978*.
             [* Act No. 75 of 1978.
                For subsequent amendments see 2001 Index to Legislation of
                Western Australia, Table 1, p. 201.]
       (2)   Section 6(1)(a) is amended by deleting "practitioner as defined
20           by the Legal Practitioners Act, 1893" and inserting instead --
                     "
                          legal practitioner (as defined in the Legal
                          Practice Act 2002) or a barrister or solicitor of
                          the Supreme Court of another State or a
25                        Territory
                                                                               ".

     115.    Land Valuers Licensing Act 1978 amended
       (1)   The amendments in this section are to the Land Valuers
             Licensing Act 1978*.
30           [* Reprinted as at 3 May 2002.]

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        (2)    Section 6(1)(a) is amended by inserting after "legal
               practitioner" --
                      "
                            or a barrister or solicitor of the Supreme Court
5                           of another State or a Territory
                                                                                ".
        (3)    Section 6(4)(a) is amended by inserting after "legal
               practitioner" --
                      "
10                          or barrister or solicitor of the Supreme Court of
                            another State or a Territory
                                                                                ".

     116.      Racing Penalties (Appeals) Act 1990 amended
        (1)    The amendments in this section are to the Racing Penalties
15             (Appeals) Act 1990*.
               [* Reprinted as at 19 October 2001.]
        (2)    Section 5(1) is amended by deleting "practitioner, as defined by
               the Legal Practitioners Act 1893" and inserting instead --
               "
20                  legal practitioner (as defined in the Legal Practice
                    Act 2002) or a barrister or solicitor of the Supreme
                    Court of another State or a Territory
                                                                                ".
     117.      Small Claims Tribunals Act 1974 amended
25      (1)    The amendments in this section are to the Small Claims
               Tribunals Act 1974*.
               [* Reprinted as approved 2 July 1999.
                  For subsequent amendments see 2001 Index to Legislation of
                  Western Australia, Table 1, p. 344.]




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                                                                                 s. 118



         (2)       Section 7 is repealed and the following section is inserted
                   instead --
     "
            7.           Eligibility to hold office as a referee
5                        Any person who is a legal practitioner (as defined in
                         the Legal Practice Act 2002) or a barrister or solicitor
                         of the Supreme Court of another State or a Territory
                         may be appointed and hold office as a referee.
                                                                                      ".

10   118.          Solicitor-General Act 1969 amended
         (1)       The amendments in this section are to the Solicitor-General
                   Act 1969*.
                   [* Act No. 38 of 1969.
                      For subsequent amendments see 2001 Index to Legislation of
15                    Western Australia, Table 1, p. 346.]
         (2)       Section 3(2) is repealed and the following subsection is inserted
                   instead --
               "
                   (2)   A person is not eligible for appointment as
20                       Solicitor-General unless he or she is a legal practitioner
                         (as defined in the Legal Practice Act 2002) or a
                         barrister or solicitor of the Supreme Court of another
                         State or a Territory of not less than eight years'
                         standing and practice.
25                                                                                    ".

     119.          Supreme Court Act 1935 amended
         (1)       The amendments in this section are to the Supreme Court
                   Act 1935*.
                   [* Reprinted as at 9 February 2001.
30                    For subsequent amendments see 2001 Index to Legislation of
                      Western Australia, Table 1, p. 370 and Act No. 23 of 2002.]


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        (2)       Section 4 is amended by inserting before "In this Act" the
                  subsection designation (1).
        (3)       At the end of section 4 the following subsection is inserted --
              "
5                 (2)   For the purposes of this Act, "legal experience" is --
                         (a) standing and practice in the State as a legal
                                practitioner;
                         (b) standing and practice in another State or a
                                Territory as a barrister or solicitor of the
10                              Supreme Court of that State or Territory;
                         (c) judicial service (including service as a judge of
                                a court, a magistrate or other judicial officer) in
                                the State or elsewhere in a common law
                                jurisdiction; or
15                       (d) a combination of 2 or more kinds of legal
                                experience defined in this subsection.
                                                                                      ".
        (4)       Section 8(1) is repealed and the following subsection is inserted
                  instead --
20            "
                  (1)   A person is eligible for appointment as a Judge of the
                        Court if that person --
                         (a) is or has been a legal practitioner and has had
                                not less than 8 years' legal experience; or
25                       (b) is a practising barrister of the High Court of
                                Australia and has had not less than 8 years'
                                legal experience.
                                                                                      ".




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                                                                           s. 120



     120.    Transfer of Land Act 1893 amended
       (1)   The amendments in this section are to the Transfer of Land
             Act 1893*.
             [* Reprinted as at 9 February 2001.
5               For subsequent amendments see 2001 Index to Legislation of
                Western Australia, Table 1, p. 385.]


       (2)   Section 5 is amended by deleting "barrister or solicitor of the
             English Irish or Colonial Courts" and inserting instead --
10           "
                   legal practitioner (as defined in the Legal Practice
                   Act 2002) or a barrister or solicitor of the Supreme
                   Court of another State or a Territory
                                                                                ".
15     (3)   Section 6(2) is amended by deleting "he is a practitioner, as
             defined by the Legal Practitioners Act 1893" and inserting
             instead --
             "
                   he or she is a legal practitioner (as defined in the Legal
20                 Practice Act 2002) or a barrister or solicitor of the
                   Supreme Court of another State or a Territory
                                                                                ".




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               Part 8 -- Amendments about the Crown
     121.      Bail Act 1982 amended
        (1)    The amendments in this section are to the Bail Act 1982*.
               [* Reprinted as at 27 August 1999.
5                 For subsequent amendments see 2001 Index to Legislation of
                  Western Australia, Table 1, p. 27 and Acts Nos. 6 and 27 of
                  2002.]
        (2)    Section 3(1) is amended by deleting the definition of
               "prosecutor" and inserting instead --

10             "
                     "prosecutor" includes --
                         (a) in the case of an offence charged in a
                              complaint, the complainant;
                         (b) in the case of an offence charged in an
15                            indictment, the State or the Commonwealth,
                              as the case may be;
                                                                                      ".
        (3)    Each of the provisions in the Table to this subsection is
               amended by deleting "Crown" in each place where it occurs and
20             in each case inserting instead --
               "   State ".
                                       Table
                        s. 19(2)(b)                   s. 58(1)
                        s. 49(1)                      s. 58(2)
                        s. 49(3)                      s. 59 (2 places)
                        s. 57(1)                      Schedule 1 Part D cl. 1(2)(e)
                        s. 57(3)
        (4)    Section 63 is amended by deleting "Crown" and inserting
               instead --
25             "   State or the Commonwealth     ".

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     122.    Children's Court of Western Australia Act 1988 amended
       (1)   The amendments in this section are to the Children's Court of
             Western Australia Act 1988*.
             [* Reprinted as at 25 August 2000.
5               For subsequent amendments see 2001 Index to Legislation of
                Western Australia, Table 1, p. 51 and Act No. 27 of 2002.]
       (2)   Section 19B(4)(b) is amended by deleting "Crown" and
             inserting instead --
             "   State ".
10     (3)   Section 19E is amended by deleting "the Crown in the right of ".
       (4)   Section 32(2)(a)(i) is amended by deleting "Crown" and
             inserting instead --
             "   State ".
       (5)   Section 32(4) is amended in the definition of "public authority"
15           by deleting "the Crown in right of ".
       (6)   Schedule 1 is amended by deleting "our Sovereign Lady Queen
             Elizabeth the Second, Her Heirs and Successors" in the 2 places
             where it occurs and in each place inserting instead --
             "   the State of Western Australia   ".

20   123.    The Criminal Code amended
       (1)   The amendments in this section are to The Criminal Code*.
             [* Reprinted as at 9 February 2001 as the Schedule to the
                Criminal Code appearing as Appendix B to the Criminal
                Code Compilation Act 1913.
25              For subsequent amendments see 2001 Index to Legislation of
                Western Australia, Table 1, p. 89 and Acts Nos. 3, 6, 8 and
                27 of 2002.]




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        (2)    Each of the provisions in the Table to this subsection is
               amended by deleting "Crown" in each place where it occurs and
               in each case inserting instead --
               "    prosecutor    ".
5                                              Table
                           s. 577 (2 places)                s. 632A
                           s. 616(1)                        s. 646
                           s. 617A                          s. 651A(5)
                           s. 618(3)
        (3)    Section 581 is amended by deleting "Crown" in the 2 places
               where it occurs and in each place inserting instead --
               "    State ".
        (4)    Section 584(14) is amended by deleting "Her Majesty" and
10             inserting instead --
               " the State ".
        (5)    Section 609 is amended by deleting "Crown" and inserting
               instead --
               "    State or the Commonwealth          ".
15      (6)    Section 628 is amended as follows:
                   (a)   by deleting "Crown" in the first and third places where it
                         occurs and in each place inserting instead --
                         " prosecutor ";
                   (b)   in paragraph (2) by deleting "Crown" and inserting
20                       instead --
                         " State or the Commonwealth, as the case may be, ".
        (7)    Section 633 is amended by deleting "Crown" and inserting
               instead --
               "    State or the Commonwealth, as the case may be,       ".



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                                                                           s. 124



       (8)   Section 637 is amended by deleting "counsel for the Crown" in
             the 4 places where it occurs and in each place inserting
             instead --
             "    prosecutor   ".
5      (9)   Section 693A(4) is amended by deleting "Crown" and inserting
             instead --
             "    State ".
      (10)   Section 701(2) is amended by deleting "for the Crown thereon".
      (11)   Section 720 is amended by deleting "Queen" and inserting
10           instead --
             "    State ".
      (12)   Section 729(3) is amended by deleting "Crown" in the 3 places
             where it occurs and in each place inserting instead --
             "    prosecution ".
15    (13)   Section 746A(1) is amended as follows:
                 (a)   by deleting "prosecution" and inserting instead --
                       " State ";
                 (b)   by deleting "Crown" and inserting instead --
                       " State ".
20    (14)   Section 746A(4) is amended by deleting "Crown" and inserting
             instead --
             "    State ".

     124.    Director of Public Prosecutions Act 1991 amended
       (1)   The amendments in this section are to the Director of Public
25           Prosecutions Act 1991*.
             [* Reprinted as at 1 June 2001.
                For subsequent amendments see 2001 Index to Legislation of
                Western Australia, Table 1, p. 100 and Act No. 27 of 2002.]

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        (2)    Section 10(1)(a) is amended by deleting "Crown" and inserting
               instead --
               "    State ".

     125.      District Court of Western Australia Act 1969 amended
5       (1)    The amendments in this section are to the District Court of
               Western Australia Act 1969*.
               [* Reprinted as at 19 January 2001.
                  For subsequent amendments see 2001 Index to Legislation of
                  Western Australia, Table 1, p. 103 and Act No. 23 of 2002.]
10      (2)    Section 6 is amended as follows:
                   (a)   in the definition of "action" by deleting "by the Crown";
                   (b)   in the definition of "cause" by deleting "by the Crown".
        (3)    Section 10(1) is amended by deleting "in Her Majesty's name"
               and inserting instead --
15             "    under the Public Seal of the State   ".
        (4)    Section 11(1) is amended by deleting "Her Majesty" and
               inserting instead --
               " the Governor       ".
        (5)    Section 18A(1) is amended by deleting "in Her Majesty's
20             name" and inserting instead --
               "    under the Public Seal of the State   ".
        (6)    Section 18A(3) is amended by deleting "in Her Majesty's
               name" and inserting instead --
               "    under the Public Seal of the State   ".
25      (7)    Section 24(1) is amended by deleting "in Her Majesty's name"
               and inserting instead --
               "    under the Public Seal of the State   ".


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       (8)   The Schedule is amended by deleting "our Sovereign Lady
             Queen Elizabeth the Second Her Heirs and Successors" in the
             2 places where it occurs and in each place inserting instead --
             "   the State of Western Australia   ".

5    126.    Family Court Act 1997 amended
       (1)   The amendments in this section are to the Family Court Act
             1997*.
             [* Act 40 of 1997.
                For subsequent amendments see 2001 Index to Legislation of
10              Western Australia, Table 1, p. 124 and Acts Nos. 3 and 25 of
                2002.]
       (2)   Schedule 1 item 1 is amended by deleting "Her Majesty Queen
             Elizabeth the Second, Her heirs and successors" in each place
             where it occurs and in each place inserting instead --
15           "   the State of Western Australia        ".

     127.    Juries Act 1957 amended
       (1)   The amendments in this section are to the Juries Act 1957*.
             [* Reprinted as at 3 July 2000.]
       (2)   Section 38(1) is amended by deleting "those prosecuting for the
20           Crown" and inserting instead --
             " the prosecution      ".
       (3)   Section 52(1) is amended by deleting "Crown" and inserting
             instead --
             "   prosecution ".

25   128.    Justices Act 1902 amended
       (1)   The amendments in this section are to the Justices Act 1902*.



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               [* Reprinted as at 8 October 2001.
                  For subsequent amendments see 2001 Index to Legislation of
                  Western Australia, Table 1, p. 193 and Act No. 27 of 2002.]
        (2)    Section 154A(1) is amended by deleting "Crown" in the
5              2 places where it occurs and in each place inserting instead --
               "   State ".
        (3)    Section 154A(3) is amended by deleting "Crown" and inserting
               instead --
               "   State ".
10      (4)    Section 206D is amended by deleting "Crown" and inserting
               instead --
               "   State ".

     129.      Local Courts Act 1904 amended
        (1)    The amendments in this section are to the Local Courts
15             Act 1904*.
               [* Reprinted as at 12 January 2001.]
        (2)    Section 3 is amended in the definition of "Minister" by deleting
               "Crown" and inserting instead --
               "   State ".
20   130.      Supreme Court Act 1935 amended
        (1)    The amendments in this section are to the Supreme Court
               Act 1935*.
               [* Reprinted as at 9 February 2001.
                  For subsequent amendments see 2001 Index to Legislation of
25                Western Australia, Table 1, p. 370 and Act No. 23 of 2002.]
        (2)    Section 4 is amended as follows:
                (a) in the definition of "Action" by deleting "by the
                      Crown";
                (b) in the definition of "Cause" by deleting "by the Crown".

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                                                                             s. 130



      (3)       Section 9(1) is amended by deleting "Her Majesty" and
                inserting instead --
                " the Governor       ".
      (4)       Section 15(1) is amended by deleting "Royal Arms" and
5               inserting instead --
                "     armorial bearings of the State   ".
      (5)       Section 37(2) is repealed and the following subsection is
                inserted instead --
            "
10              (2)     Nothing in this section shall alter the practice in
                        proceedings in relation to the prerogative and criminal
                        jurisdiction of the Court.
                                                                                  ".
      (6)       Section 50(1) is amended by deleting "by the Crown".
15    (7)       Section 51(1) is amended by deleting "by the Crown".
      (8)       Section 56(1) is amended by deleting "by the Crown".
      (9)       Section 119 is amended by deleting "to Her Majesty or any of
                her subjects, or other persons entitled in like manner as
                subjects".
20   (10)       Section 154(1) is amended by deleting "Her Majesty's" and
                inserting instead --
                "     The   ".
     (11)       Section 154(3), (4), (5) and (6) are each amended by deleting
                "Crown" in each place where it occurs and in each place
25              inserting instead --
                "     State ".




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s. 130



  (12)    The Second Schedule is amended by deleting "our Sovereign
          Lady Queen Elizabeth the Second, Her Heirs and successors"
          and inserting instead --
          "   the State of Western Australia   ".




 


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