Div 1Establishment and administration of the Society

Division 1—Establishment and administration of the Society 7—Incorporation and powers of Society (1) The society formerly known as the "Law Society of South Australia Incorporated" continues in existence as a body corporate under the name The Law Society of South Australia. (2) The Society— (a) has perpetual succession and a common seal; and (b) is capable of suing and being sued. (2a) Where an apparently genuine document purports to bear the common seal of the Society, it will be presumed in any legal proceedings, in the absence of proof to the contrary, that the common seal of the Society was duly affixed to that document. (2b) The Society has the powers of a natural person. (3) The membership of the Society consists of all persons who have been admitted to membership of the Society, and who, for the time being, continue to be members of the Society, in accordance with the rules of the Society. 8—Officers and employees of Society (1) The following officers of the Society will be elected in accordance with the rules of the Society: (a) the President; and (ab) the President-Elect; and (b) the Vice-Presidents (the number of whom will be determined by the rules); and (c) such other elective officers as may be stipulated by the rules. (2) There will be a Chief Executive of the Society. (3) The Chief Executive and any other employees of the Society will be appointed and hold office on such terms and conditions as the Society may determine. 9—Council of Society (1) There will be a council of the Society. (2) The Council consists of— (a) the Attorney-General; and (b) the President of the Society; and (ba) the President-Elect of the Society; and (c) the Vice-Presidents of the Society; and (d) the other elective officers of the Society; and (e) any persons who are, in accordance with the rules of the Society, members of the Council ex officio; and (f) any persons who are co-opted in accordance with the rules of the Society to membership of the Council; and (g) such other persons as are elected, in accordance with the rules of the Society, to be members of the Council. 10—Validation of acts of Council No act or proceeding of the Council is invalid by virtue of any vacancy in its membership or any defect in the appointment or election of any member of the Council. 11—Management of Society's affairs (1) Subject to this Act, and to the rules of the Society, the Council has the management of all the affairs of the Society, and may exercise all the powers of the Society. (2) Subject to this Act, the Council may delegate any of its powers to— (a) a committee consisting of such persons as the Council thinks fit; or (ab) a company that is a subsidiary of the Society within the meaning of section 46 of the Corporations Act 2001 of the Commonwealth; or (b) any officer or employee of the Society. (3) A delegation under this section is revocable at will and does not derogate from the power of the Council to act itself in any matter. 12—Minutes of proceedings (1) The Society must cause minutes of the proceedings of— (a) all general meetings of the members of the Society; and (b) all meetings of the Council, to be entered in a book or books kept for the purpose. (2) An apparently genuine document purporting to be verified by the Chief Executive and— (a) purporting to be— (i) minutes entered in pursuance of this section; or (ii) an extract from any such minutes; or (b) purporting to be— (i) minutes of the proceedings of any committee established by the Council; or (ii) an extract from any such minutes, will be accepted in any legal proceedings as evidence of the proceedings to which the document relates. (3) Subject to subsection (4), the Society must at the request of any member of the Society produce for inspection the minutes of— (a) any general meeting of the Society; and (b) any meeting of the Council; and (c) any meeting of any committee established by the Council. (4) The Society is not required to produce minutes for inspection under subsection (3) if the minutes are of a confidential nature and have been entered in a minute book kept specifically for the purpose of recording minutes of such a nature. (5) In any legal proceedings it will be presumed, in the absence of proof to the contrary, that any meeting of— (a) the members of the Society; or (b) the Council; or (c) any committee established by the Council, was duly convened and constituted, and that the proceedings of any such meeting were regularly conducted. (6) An apparently genuine document purporting to be under the hand of the President, the President-Elect, a Vice-President, or the Chief Executive, of the Society and to certify that a person named in the document has been duly elected or appointed to a specified office in the Society, or in the employment of the Society, will be accepted in any legal proceedings, in the absence of proof to the contrary, as proof of the matter so certified. 13—Society's right of audience (1) The Society may appoint a legal practitioner to appear before any court, commission or tribunal in any matter affecting the interests of the Society or the members of the Society, or in which the Society is directly or indirectly concerned or interested. (2) Without limiting the generality of subsection (1), a practitioner so appointed is entitled to appear— (a) in any proceedings instituted by the Society; or (b) in any proceedings in which a person seeks admission as a legal practitioner; or (c) in any proceedings in which it is alleged that a practitioner is guilty of unsatisfactory professional conduct or professional misconduct; or (d) in any proceedings under this Act. (3) The Society must, as soon as practicable after appointing a legal practitioner to appear before a court, commission or tribunal under subsection (1), notify the Attorney‑General of the appointment. 14—Rules of Society (1) The Society, in general meeting, may make rules— (a) to define the objects of the Society; or (b) to provide for the election of a President, the President-Elect, Vice-Presidents and other elective officers of the Society and to define the conditions on which they hold office; or (c) to provide for the election of members of the Council, and to define the conditions on which they hold office; or (d) to provide for the filling of casual vacancies occurring in elective offices of the Society and in the membership of the Council; or (e) to regulate the meetings and proceedings of, and the conduct of business by, the Council, or any committee to which it has delegated any of its powers; or (f) to provide for the execution of documents by or on behalf of the Society; or (g) to define the terms and conditions on which a person may be admitted to membership of the Society and to provide for the resignation, expulsion and re-admission of members of the Society; or (h) to prescribe, and provide for the payment of, subscriptions by members of the Society; or (i) to provide for the administration of any fund or ADI account under the control of the Society; or (j) to make any other provision relating to the administration of the Society. (2) A member of the Society, or a legal practitioner, is entitled, on payment of such fee as may be prescribed by rules under this section, to receive a printed copy of the rules in force for the time being under this section. (3) The Attorney-General may, by instrument in writing, certify that a rule made by the Society under this section relates only to the internal administration of the Society and where such a certificate has been given under this section, section 10 of the Subordinate Legislation Act 1978 does not apply in respect of the rule.