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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Legal Profession Amendment Bill 2016 Contents 1. Short title 2 2. Commencement 2 3. Act amended 2 4. Section 548 amended 2 5. Section 548A inserted 2 548A. Law library contributions 2 6. Section 580 amended 4 7. Sections 596A and 596B inserted 5 596A. Law library 5 596B. Board library assets transferred to the State 6 178--2 page i Western Australia LEGISLATIVE ASSEMBLY (As amended in Committee) Legal Profession Amendment Bill 2016 A Bill for An Act to amend the Legal Profession Act 2008. The Parliament of Western Australia enacts as follows: page 1 Legal Profession Amendment Bill 2016 s. 1 1 1. Short title 2 This is the Legal Profession Amendment Act 2016. 3 2. Commencement 4 This Act comes into operation as follows -- 5 (a) sections 1 and 2 -- on the day on which this Act 6 receives the Royal Assent; 7 (b) the rest of the Act -- on a day fixed by proclamation. 8 3. Act amended 9 This Act amends the Legal Profession Act 2008. 10 4. Section 548 amended 11 (1) Delete section 548(1)(c) and insert: 12 13 (c) the payment of the law library contribution 14 under section 548A. 15 16 (2) Delete section 548(2). 17 5. Section 548A inserted 18 After section 548 insert: 19 20 548A. Law library contributions 21 (1) In this section -- 22 CPI means the all groups consumer price index for 23 Perth published by the Australian Statistician referred 24 to in the Australian Bureau of Statistics Act 1975 25 (Commonwealth) section 5, or if the index is not 26 published, another similar index nominated by the 27 Minister; page 2 Legal Profession Amendment Bill 2016 s. 5 1 law library means the library established under 2 section 596A. 3 (2) The Board must pay to the State an amount each year 4 in accordance with the regulations as a contribution 5 towards the cost of providing and maintaining the law 6 library. 7 (3) The regulations must specify -- 8 (a) the amount of the contribution or the method by 9 which the amount of the contribution is to be 10 calculated; and 11 (b) when payment becomes due. 12 (4) An amendment to regulations mentioned in 13 subsection (3) must be made at least 7 months before 14 the beginning of the financial year to which the 15 amendment will apply. 16 (5) Before an amendment to regulations mentioned in 17 subsection (3) is made, the Attorney General must -- 18 (a) obtain the written agreement to the proposed 19 amendment by the Legal Practice Board, the 20 Law Society of Western Australia Inc and the 21 Western Australian Bar Association; or 22 (b) notify the Legal Practice Board, the Law 23 Society of Western Australia Inc and the 24 Western Australian Bar Association of the 25 proposed amendment at least 9 months before 26 the beginning of the first financial year to 27 which the proposed amendment is intended to 28 apply and have regard to any submissions made 29 by those bodies. 30 (6) Unless agreement is obtained as mentioned in 31 subsection (5)(a), neither regulations specifying an 32 amount of contribution to be paid nor regulations 33 specifying a method by which the amount of page 3 Legal Profession Amendment Bill 2016 s. 6 1 contribution is to be calculated in any year (the 2 calculation regulations) can be amended so as to 3 increase the amount required to be paid in any year to 4 an amount that is greater than the amount that would 5 have been payable in that year, if calculated under the 6 calculation regulations and adjusted for any CPI 7 increase plus 2.5% per annum, pro rata, from the date 8 on which the calculation regulations were made or last 9 amended (whichever is later) to the date of the 10 proposed amendment. 11 (7) The payment must be credited to an agency special 12 purpose account, named the Law Library Fund, 13 established under the Financial Management Act 2006 14 section 16 and administered by the department 15 principally assisting in the administration of this Act. 16 (8) Money may be charged to the Law Library Fund -- 17 (a) to provide and maintain the law library; and 18 (b) to provide library services to the judiciary, local 19 lawyers and other prescribed persons; and 20 (c) for other prescribed purposes relating to the law 21 library. 22 23 6. Section 580 amended 24 Delete section 580(1)(d). 25 Note: The heading to amended section 580 is to read: 26 Rules for Board and Complaints Committee page 4 Legal Profession Amendment Bill 2016 s. 7 1 7. Sections 596A and 596B inserted 2 After section 596 insert: 3 4 596A. Law library 5 (1) The State may establish and manage a law library for 6 the use of the judiciary, local lawyers and other 7 prescribed persons. 8 (2) Without limiting section 596, the Governor may make 9 regulations with respect to the provision, operation and 10 management of the law library, including -- 11 (a) access to and use of the law library; and 12 (b) the terms on which persons may be given 13 access to and use of the law library facilities 14 (including the payment of fees); and 15 (c) the borrowing of resources and the manner of 16 securing a resource if it has been loaned. 17 (3) Regulations made for the purposes of subsection (2) 18 may -- 19 (a) adopt wholly or partly any rules or 20 administrative procedure published by any 21 person or body -- 22 (i) with or without any modification or 23 amendment; and 24 (ii) as in force at the time of adoption or as 25 amended from time to time; 26 or 27 (b) provide for the making of rules or 28 administrative procedures by a person or body. page 5 Legal Profession Amendment Bill 2016 s. 7 1 596B. Board library assets transferred to the State 2 (1) In this section -- 3 commencement day means the day on which the Legal 4 Profession Amendment Act 2016 section 7 comes into 5 operation. 6 (2) On the commencement day, by force of this section, 7 any library assets that, immediately before the 8 commencement day, were vested in the Board under 9 section 548(2) are transferred to, and vested in, the 10 State. 11 (3) Any assets acquired after the commencement day for 12 the purposes of the law library established under 13 section 596A are vested in and are the property of the 14 State. 15 (4) Regulations may be made for or with respect to any 16 matter or thing necessary to be dealt with to effect a 17 transfer of assets under this section, including the 18 assumption of specific liabilities or classes of liabilities 19 in relation to those assets. 20 (5) If regulations under subsection (4) provide that a 21 specified state of affairs is to be taken to have existed, 22 or not to have existed, on and from a day that is earlier 23 than the day on which the regulations are published in 24 the Gazette but not earlier than the commencement 25 day, the regulations have effect according to their 26 terms. 27
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