Part 8Miscellaneous

Part 8—Miscellaneous 95—Application of certain revenues (1) Subject to subsection (1aa), the Treasurer must in each year pay to the Society, from the money paid by way of practising certificate fees, fees paid by corporations under Schedule 1 clauses 4(1) and 5(2) and the fees paid by interstate practitioners on giving notice of the establishment of an office in this State— (a) an amount approved by the Attorney-General towards the Society's costs in exercising any powers or functions delegated to the Society under this Act; and (b) after deduction of the amount described in paragraph (a)— (i) a prescribed proportion of the balance for the purpose of maintaining and improving the library of the Society; (ii) a prescribed proportion of the balance to be credited by the Society to the Fidelity Fund. (1aa) If the Society collects practising certificate fees pursuant to an assignment of functions by the Supreme Court, the Society may retain a proportion of those fees approved by the Attorney-General for the purposes specified in subsection (1). (1a) The revenue raised from practising certificate levies will be applied for the purpose of maintaining and improving the Supreme Court library. (2) The Treasurer may, on the recommendation of the Attorney-General, make payments towards— (a) meeting any expenses incurred by LPEAC in exercising its functions and powers under this Act; and (b) defraying the costs of administering Part 6. (3) This section is, without further appropriation, sufficient authority for the payment of the money to which it relates from the Consolidated Account. 95AA—Agreements and arrangements with other regulatory authorities A regulatory authority of this State may, with the approval of the Attorney-General, make agreements or arrangements with a regulatory authority of a participating State for or with respect to matters arising under this Act, including— (a) the investigation of complaints; (b) professional indemnity insurance; (c) contributions to and claims against the Fidelity Fund or a similar fund maintained in the participating State; (d) trust account inspections; (e) the appointment of managers and receivers; (f) the exchange of information. 95A—Inspection of documents A power to inspect or require production of a document includes, in relation to a record of information that is accessible only through the use of a computer or other device, power to produce or require production of the information in an understandable form through the use of that computer or other device. 95B—False or misleading information A person must not knowingly make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of a particular) in information provided, or a record kept, under this Act. 95BA—Mortgage financing (1) On and from the commencement of this section, mortgage financing is not to be regarded as part of the practice of the profession of the law. (2) A legal practitioner who engages in mortgage financing must inform each prospective lender and borrower, orally and in writing, that any loss suffered as a result of mortgage financing will not be compensated by the Fidelity Fund or covered by professional indemnity insurance required under this Act. (3) It is not the intention of the Parliament that any implication be drawn from this Act (or the Act that inserted this section) that mortgage financing when engaged in by a legal practitioner before the commencement of this section was part of the practice of the profession of the law. 95C—Self-incrimination and legal professional privilege (1) It is not an excuse for a person to refuse or fail to answer a question or to produce a document as required under this Act on the ground that to do so might tend to incriminate the person, or make the person liable to a penalty, or on the ground of legal professional privilege. (2) If a person objects to answering a question or to producing a document on the ground that the answer or document might tend to incriminate the person or make the person liable to a penalty, then— (a) in the case of a person who is required to produce a document—the fact of production of the document (as distinct from the contents of the document); or (b) in any other case—the information furnished in compliance with the requirement, is not admissible in evidence against the person in proceedings (other than proceedings in respect of the making of a false or misleading statement or perjury) in which the person might be found guilty of an offence or liable to a penalty. (3) If a person objects to answering a question or to producing a document on the ground of legal professional privilege, the answer or document will not be admissible in civil or criminal proceedings against the person who would, but for this section, have the benefit of the legal professional privilege. 95D—Service of notices and documents (1) A notice or document required or authorised by this Act to be served on or given to a person may be served on or given to the person— (a) by delivering it personally to the person or to an agent of the person; or (b) by sending it by post to the person or agent at— (i) the usual or last known business or residential address of the person or agent; or (ii) an address nominated for the purpose by the person or agent; or (c) by leaving it for the person or agent at— (i) the usual or last known business or residential address of the person or agent; or (ii) an address nominated for the purpose by the person or agent, with a person on the premises who is apparently at least 16 years old and apparently employed or residing there; or (d) by transmitting it by fax or email to a fax number or email address provided by the person or agent; or (e) by sending or delivering it to the person or agent in a manner prescribed by regulation. (2) A reference in subsection (1) to any method of giving a notice or document to a person includes a reference to arranging for the notice or document to be given to that person by that method (for example, by delivery by courier). agent of a person means an agent, law practice or legal practitioner who has authority to accept service of legal process on behalf of the person. 95E—Wills register If a register of wills made in this State is maintained by the Society, a legal practitioner does not breach a duty of confidentiality owed by the practitioner to a client for whom the practitioner has prepared a will merely by publishing on the register, without the client's consent, the name and date of birth of the client or the date of the will, provided that— (a) the will was made before the commencement of this section; and (b) the practitioner has been unable to contact the client despite having taken reasonable steps to do so for the purpose of obtaining the client's consent to publication of the information. 96—Summary offences (2) Proceedings for an offence against this Act must not be brought unless the Attorney-General has, by instrument in writing, authorised the institution of the proceedings. (3) An apparently genuine document purporting to be an authorisation under this section will, in the absence of proof to the contrary, be accepted as such in any legal proceedings. 97—Regulations (1) The Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act. (2) Without limiting the generality of the foregoing, those regulations may— (a) prescribe, and provide for the recovery of, any fee or levy for the purposes of this Act; and (b) prescribe any form for the purposes of this Act; and (d) prescribe fines not exceeding a fine of $10 000 for contravention of any regulation. (3) The Governor may, by regulation, make provisions of a saving or transitional nature consequent on the amendment of this Act by another Act. (3aa) A provision of a regulation made under subsection (3) may, if the regulation so provides, take effect from the commencement of the amendment or from a later day. (3aab) To the extent to which a provision takes effect under subsection (3aa) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by— (a) decreasing the person's rights; or (b) imposing liabilities on the person. (3a) Regulations under this Act— (a) may be of general application or limited application; and (b) may make different provision according to the matters or circumstances to which they are expressed to apply; and (c) may provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Attorney-General, the Supreme Court or the Society. (4) This section is in addition to, and does not derogate from, any other provision of this Act providing for the making of regulations. 98—Review of operation of Act in relation to barristers (1) The Minister must, within 6 months after the commencement of this section, cause a review to be undertaken into— (a) the operation of this Act insofar as it affects legal practitioners who practise the profession of the law solely as barristers; and (b) the operation of section 6, with particular reference to the role of a separate bar. (2) A report on the review must be submitted to the Minister within 3 months after the commencement of the review. (3) The Minister must, within 12 sitting days after receiving the report under this section, cause copies of the report to be laid before both Houses of Parliament.