Schedule 5—Transitional provisions
1—Closure of certain complaints
(1) A complaint received by the Commissioner under Part 6 before the commencement of subsection (3b) of section 77B may, if the complaint was made by a person who was, at the time of making the complaint, subject to an order under section 39 of the Supreme Court Act 1935 prohibiting him or her from instituting proceedings (or proceedings of a particular class), be closed by the Commissioner without an investigation or without completing an investigation.
(2) If the Commissioner determines to close a complaint under subclause (1)—
(a) the Commissioner must notify the complainant in writing of the closure of the complaint; and
(b) the determination is not subject to appeal.
Legislative history
Notes
• This version is comprised of the following:
Sch 1
Sch 1A
Sch 2
Sch 3
Sch 4
Sch 5
• Amendments of this version that are uncommenced are not incorporated into the text.
• Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
• Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
• For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Legislation repealed by principal Act
The Legal Practitioners Act 1981 repealed the following:
Legal Practitioners Act 1936
Principal Act and amendments
New entries appear in bold.
Year
No
Title
Assent
Commencement
Legal Practitioners Act 1981
25.6.1981
1.3.1982 (Gazette 25.2.1982 p508)
Legal Practitioners Act Amendment Act 1982
25.2.1982
1.3.1982: s 2
Legal Practitioners Act Amendment Act 1985
7.3.1985
6.6.1985 (Gazette 23.5.1985 p1690)
Legal Practitioners Act Amendment Act (No. 2) 1985
Legal Practitioners Act Amendment Act 1986
11.9.1986
1.10.1986 (Gazette 25.9.1986 p1083)
Legal Practitioners Act Amendment Act 1987
27.11.1987
3.12.1987 except s 4—1.2.1988 (Gazette 3.12.1987 p1733)
Legal Practitioners Act Amendment Act (No. 2) 1987
Strata Titles Act 1988
7.4.1988
1.9.1988 (Gazette 21.7.1988 p420)
Legal Practitioners Act Amendment Act 1989
29.10.1989
9.11.1989 (Gazette 9.11.1989 p1452)
Statute Law Revision Act 1990
26.4.1990
Sch 5—1.8.1990 (Gazette 12.7.1990 p257)
Statute Law Revision Act (No. 2) 1990
22.11.1990
Sch 2—1.8.1990: s 2(2)
Legal Practitioners (Miscellaneous) Amendment Act 1991
18.4.1991
6.6.1991 (Gazette 6.6.1991 p1774)
Director of Public Prosecutions Act 1991
21.11.1991
6.7.1992 (Gazette 25.6.1992 p1869)
Legal Practitioners (Litigation Assistance Fund) Amendment Act 1992
14.5.1992
28.5.1992 (Gazette 28.5.1992 p1510)
Legal Practitioners (Reform) Amendment Act 1993
8.4.1993
6.5.1993 except s 10—1.1.1994 (Gazette 6.5.1993 p1576)
Statutes Amendment (Attorney-General's Portfolio No. 2) Act 1993
4.11.1993
Pt 2 (s 3)—4.11.1993
State Bank (Corporatisation) Act 1994
12.5.1994
Sch 4—1.7.1994 (Gazette 23.6.1994 p1784)
Legal Practitioners (Miscellaneous) Amendment Act 1996
11.4.1996
9.5.1996 (Gazette 2.5.1996 p2396) except s 6—13.6.1996 (Gazette 13.6.1996 p2918)
Statutes Amendment (Community Titles) Act 1996
s 11—4.11.1996 (Gazette 31.10.1996 p1460)
Legal Practitioners (Miscellaneous No. 2) Amendment Act 1996
12.12.1996
1.1.1997 (Gazette 19.12.1996 p1923)
Legal Practitioners (Membership of Board and Tribunal) Amendment Act 1997
1.3.1982 except s 6—9.5.1996 and except s 4—27.3.1997: s 2
Legal Practitioners (Qualifications) Amendment Act 1998
2.4.1998
1.2.1999 (Gazette 28.1.1999 p587)
Legal Practitioners (Miscellaneous) Amendment Act 1998
3.9.1998
1.2.1999 (Gazette 28.1.1999 p587)
Financial Sector Reform (South Australia) Act 1999
17.6.1999
Sch (item 33)—1.7.1999 being the date specified under s 3(16) of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 of the Commonwealth as the transfer date for the purposes of that Act: s 2(2)
Legal Practitioners (Miscellaneous) Amendment Act 1999
2.12.1999
1.1.2000 (Gazette 16.12.1999 p3328)
Legal Practitioners (Miscellaneous) Amendment Act 2000
Statutes Amendment (Corporations) Act 2001
14.6.2001
Pt 20 (ss 81—83)—15.7.2001 being the day on which the Corporations Act 2001 of the Commonwealth came into operation: Commonwealth of Australia Gazette No. S 285, 13.7.2001 (Gazette 21.6.2001 p2270)
Legal Practitioners (Insurance) Amendment Act 2003
Legal Practitioners (Miscellaneous) Amendment Act 2003
4.12.2003
11.12.2003 (Gazette 11.12.2003 p4430)
Statutes Amendment (New Rules of Civil Procedure) Act 2006
6.7.2006
Pt 45 (ss 155—157)—4.9.2006 (Gazette 17.8.2006 p2831)
Statutes Amendment (Domestic Partners) Act 2006
14.12.2006
Pt 51 (ss 145—147)—1.6.2007 (Gazette 26.4.2007 p1352)
Statutes Amendment (Public Sector Consequential Amendments) Act 2009
10.12.2009
Pt 81 (s 193)—1.2.2010 (Gazette 28.1.2010 p320)
Trustee Companies (Commonwealth Regulation) Amendment Act 2010
5.8.2010
Sch 1 (cl 6)—20.12.2010 (Gazette 9.12.2010 p5580)
Statutes Amendment (Personal Property Securities) Act 2011
14.4.2011
Pt 13 (s 41)—30.1.2012 (Gazette 15.12.2011 p4988)
Independent Commissioner Against Corruption Act 2012
6.12.2012
Sch 3 (cl 21)—1.9.2013 (Gazette 23.5.2013 p2006)
Statutes Amendment (Directors' Liability) Act 2013
23.5.2013
Pt 33 (s 63)—17.6.2013 (Gazette 6.6.2013 p2498)
Legal Practitioners (Miscellaneous) Amendment Act 2013
3.10.2013
Pt 1 (ss 1—3) & Sch 2 (cll 5, 13 & 15)—21.4.2014 (Gazette 17.4.2014 p1526); Pt 2 (ss 4—61), Sch 1 & Sch 2 (cll 6—12, 14 & 16—18)—1.7.2014 (Gazette 5.6.2014 p2241)
Statutes Amendment (Legal Practitioners) Act 2014
Pt 3 (ss 5—9) & Sch 1—25.9.2014: s 2
Statutes Amendment (Attorney-General's Portfolio) Act 2014
11.12.2014
Pt 6 (s 12)—1.4.2015 (Gazette 19.2.2015 p793)
Notaries Public Act 2016
29.9.2016
Sch 1 (cll 2—6)—1.2.2018 (Gazette 28.11.2017 p4752)
Legal Practitioners (Miscellaneous) Amendment Act 2016
29.9.2016
13.11.2016 (Gazette 10.11.2016 p4392) except ss 15 & 16—30.7.2017 (Gazette 25.7.2017 p2941)
Statutes Amendment (Attorney-General's Portfolio No 3) Act 2017
12.12.2017
Pt 6 (ss 11 & 12)—1.3.2018 (Gazette 6.2.2018 p610)
Legal Practitioners (Miscellaneous) Amendment Act 2019
24.10.2019
1.12.2019 (Gazette 28.11.2019 p3992) except s 5—24.10.2021 (s 7(5) Acts Interpretation Act 1915)
Legal Practitioners (Foreign Lawyers and Other Matters) Amendment Act 2019
19.12.2019
21.5.2020 except ss 4 to 6, 8 to 14 & 16 to 19—1.7.2020 (Gazette 21.5.2020 p2451)
Legal Practitioners (Senior and Queen's Counsel) Amendment Act 2020
1.10.2020
26.11.2020 (Gazette 26.11.2020 p5371)
Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021
Sch 1 (cll 20 to 22 & 76)—7.10.2021: s 2
Statutes Amendment (Attorney-General's Portfolio and Other Justice Measures) Act 2023
23.2.2023
Pt 12 (ss 26 to 28)—22.6.2023 (Gazette 15.6.2023 p1774)
Adelaide University Act 2023
23.11.2023
Sch 1 (cl 2)—1.1.2026 (Gazette 30.10.2025 p4240)
Statutes Amendment (Attorney-General's Portfolio) Act 2024
Pt 6 (ss 31 & 32)—27.6.2024: s 2(1); ss 28 to 30 & 33—26.8.2024 (Gazette 22.8.2024 p2871)
Statutes Amendment (Claim Farming) Act 2025
30.10.2025
Pt 2 (ss 3 & 4)—uncommenced
Legal Practitioners (Disciplinary Matters and Fidelity Fund) Amendment Act 2025
Pt 2 (ss 6 & 31)—1.3.2026; ss 3 to 5, 7 to 30 & Sch 1 (cl 2)—1.9.2026 (Gazette 5.2.2026 p196)
Statutes Amendment (Attorney-General's Portfolio) Act 2025
Pt 4 (s 6)—20.11.2025: s 2
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision
How varied
Commencement
Long title
Pt 1
s 5(1)
s 5 redesignated as s 5(1) by 50/1998 s 3(m)
amend
inserted by 49/2019 s 4(1)
approved auditor
amended by 10/1996 s 3(a)
substituted by 12/1998 s 3(a)
deleted by 44/2016 s 4(1)
associate
inserted by 44/2013 s 4(1)
Associate Justice
inserted by 23/2024 s 28(1)
Australian Government Solicitor
inserted by 119/1985 s 2
Australian-registered foreign lawyer
inserted by 49/2019 s 4(2)
bank
deleted by 17/1994 Sch 4 cl 5
1.7.1994
inserted by 50/1998 s 3(a)
deleted by 33/1999 Sch (item 33(a))
banking account
deleted by 50/1998 s 3(a)
Board
inserted in 10/1996 s 3(b)
deleted by 44/2013 s 4(2)
Chief Executive
inserted by 44/2013 s 4(2)
Chief Justice
inserted by 12/1998 s 3(b)
the combined trust account
Commissioner
inserted by 44/2013 s 4(3)
the Committee
deleted by 10/1996 s 3(c)
community legal centre
inserted by 70/1989 s 3
substituted by 44/2013 s 4(3)
company
substituted by 55/2003 s 4
deleted by 44/2013 s 4(4)
conduct
inserted by 50/1998 s 3(b)
conviction
corporation
corresponding authority
inserted by 9/2014 s 5
corresponding disciplinary body
amended by 51/2025 s 3(1)
corresponding law
inserted by 50/1998 s 3(b)
substituted by 70/2017 s 11
director
substituted by 44/2013 s 4(6)
document
inserted by 10/1996 s 3(d)
domestic partner
inserted by 43/2006 s 145(1)
the Executive Director
deleted by 44/2013 s 4(7)
Fidelity Fund
inserted by 44/2013 s 4(7)
fiduciary or professional default
amended by 50/1998 s 3(c)
amended by 44/2013 s 4(8)
foreign country
foreign law
the guarantee fund
deleted by 44/2013 s 4(9)
health assessment
inserted by 51/2025 s 3(2)
home jurisdiction
incorporated legal practice
inserted by 44/2013 s 4(9)
interstate legal practitioner
inserted by 50/1998 s 3(d)
interstate practising certificate
inserted by 50/1998 s 3(d)
interstate-registered foreign lawyer
inserted by 49/2019 s 4(4)
jurisdiction
inserted by 44/2013 s 4(10)
inserted by 44/2013 s 4(10)
amended by 44/2016 s 4(2), (3)
amended by 50/1998 s 3(e)
(b) deleted by 44/2013 s 4(11)
legal practitioner director
legal profession rules
legal services
local legal practitioner
inserted by 50/1998 s 3(f)
locally registered foreign lawyer
inserted by 49/2019 s 4(5)
LPEAC
inserted by 12/1998 s 3(c)
Master
deleted by 23/2024 s 28(2)
money
amended by 33/1999 Sch (item 33(b))
mortgage financing
inserted by 84/1999 s 3(a)
officer
inserted by 44/2013 s 4(13)
participating State
inserted by 50/1998 s 3(g)
partner
inserted by 44/2016 s 4(4)
practise the profession of the law
inserted by 50/1998 s 3(g)
substituted by 44/2013 s 4(14)
President
inserted by 51/2025 s 3(3)
principal
professional mentoring agreement
professional misconduct
professional obligations
Regulator
regulatory authority
inserted by 50/1998 s 3(h)
amended by 44/2013 s 4(16)
amended by 49/2019 s 4(6)
related body corporate
the repealed Act
deleted by 23/1990 s 3(1) (Sch 5)
the Secretary
deleted by 10/1996 s 3(e)
serious offence
show cause event
amended by 49/2019 s 4(7)
sole practitioner
spouse
inserted by 43/2006 s 145(2)
State
inserted by 50/1998 s 3(i)
the statutory interest account
tax offence
inserted by 44/2013 s 4(18)
Tribunal
substituted by 51/2025 s 3(4)
trust account
amended by 50/1998 s 3(j)
amended by 33/1999 Sch (item 33(c))
substituted by 44/2013 s 4(19)
trustee company
inserted by 12/2010 Sch 1 cl 6
20.12.2010
deleted by 49/2019 s 4(8)
trust money
amended by 84/1999 s 3(b)
substituted by 44/2013 s 4(20)
unprofessional conduct
substituted by 50/1998 s 3(k)
deleted by 44/2013 s 4(21)
unrestricted practising certificate
inserted by 44/2013 s 4(22)
unsatisfactory conduct
inserted by 50/1998 s 3(l)
deleted by 44/2013 s 4(22)
unsatisfactory professional conduct
inserted by 44/2013 s 4(22)
s 5(2)
s 5(3)
amended by 44/2016 s 4(5)
s 5(4)
substituted by 44/2013 s 4(23)
s 5(5)
amended by 23/2001 s 81
amended by 43/2006 s 145(3), (4)
deleted by 44/2013 s 4(23)
s 5(6)
s 5A
inserted by 44/2013 s 5
s 5A(1)
amended by 44/2016 s 5(1)
amended by 49/2019 s 5
s 5A(3)
amended by 44/2016 s 5(2)—(4)
s 5B
inserted by 49/2019 s 6
s 6
substituted by 22/1993 s 3
s 6(3a)
inserted by 55/2003 s 5
amended by 44/2013 s 6
Pt 2
Pt 2 Div 1
heading inserted by 27/1992 s 3
s 7
s 7(1)
s 7(2)
substituted by 10/1996 s 4
s 7(2a) and (2b)
inserted by 10/1996 s 4
s 7(3)
s 8
s 8(1)
amended by 50/1998 s 4
s 8(2)
amended by 44/2013 s 7(1)
s 8(3)
amended by 44/2013 s 7(2)
s 9
s 9(1)
s 9(2)
amended by 50/1998 s 5
s 11
s 11(1)
s 11(2)
amended by 88/1996 s 3
1.1.1997
amended by 23/2001 s 82
s 12
s 12(1)
s 12(2)
amended by 44/2013 s 8
s 12(3) and (5)
s 12(6)
amended by 50/1998 s 6
amended by 44/2013 s 8
s 13
s 13(2)
amended by 50/1998 s 7
amended by 44/2013 s 9(1)
s 13(3)
inserted by 44/2013 s 9(2)
s 14
s 14(1)
amended by 50/1998 s 8
amended by 33/1999 Sch (item 33(d))
s 14(2) and (3)
Pt 2 Div 2
inserted by 27/1992 s 4
s 14A
s 14A(4)
inserted by 22/1993 s 4
Pt 2 Div 3
inserted by 50/1998 s 9
s 14AB
s 14AB(1)
amended by 44/2013 s 10(1)—(3), Sch 1
amended by 27/2019 s 4
amended by 4/2023 s 26
s 14AB(2)
amended by 44/2013 s 10(2)
Pt 2A
inserted by 12/1998 s 4
s 14B
s 14B(5)
amended by 44/2013 s 11
(d) deleted by 32/2023 Sch 1 cl 2(1)
amended by 32/2023 Sch 1 cl 2(2)
(ea) deleted by 32/2023 Sch 1 cl 2(3)
s 14C
s 14C(1)
amended by 44/2013 s 12
amended by 42/2016 Sch 1 cl 2
s 14E
s 14E(1)
amended by 44/2013 s 13
s 14I
s 14I(2)
s 14I(4)
s 14I(5)
Pt 3
Pt 3 Div 1
s 15
s 15(1)
s 15 amended by 23/1990 s 3(1) (Sch 5)
s 15 amended and redesignated as s 15(1) by 12/1998 s 5(a), (b)
(b) deleted by 55/2003 s 6
amended by 44/2013 s 14(1)
s 15(1a)
inserted by 44/2013 s 14(2)
s 15(2)—(5)
inserted by 12/1998 s 5(b)
Pt 3 Div 2
s 16
s 16(1)
amended by 50/1998 s 10
s 16(2)
amended by 10/1996 s 5(a)
amended by 43/2006 s 146(1), (2)
substituted by 44/2013 s 15(1)
s 16(3) and (4)
deleted by 44/2013 s 15(1)
s 16(5)
amended by 90/1987 s 2
s 16(6)
prescribed relative
amended by 10/1996 s 5(b)
amended by 43/2006 s 146(3)
putative spouse
deleted by 43/2006 s 146(4)
s 16(6)
substituted by 44/2013 s 15(2)
s 17
s 17(1) and (2)
s 17A
inserted by 22/1993 s 5
substituted by 12/1998 s 6
s 17A(8)
inserted by 42/2016 Sch 1 cl 3
s 18
s 18(1)
substituted by 55/2003 s 7(1)
s 18(2)
amended by 55/2003 s 7(2)
s 18(2a)
inserted by 44/2013 s 16
s 18(3)
inserted by 3/1985 s 3
substituted by 55/2003 s 7(3)
s 19
s 19(1)
amended by 92/1993 s 3
4.11.1993
substituted by 16/2003 s 3
s 20
s 20(1)
s 20AA
inserted by 50/1998 s 11
s 20A
inserted by 8/1982 s 3
deleted by 12/1998 s 7
Pt 3 Div 2A
Pt 3 Div 2B
s 20AI
s 20AI(1a)
inserted by 49/2019 s 7
Pt 3 Div 2C
s 20AL
inserted by 51/2025 s 4
Pt 3 Div 3
s 21
s 21(1)
amended by 50/1998 s 12(a)
substituted by 44/2013 s 18(1)
s 21(2)
amended by 50/1998 s 12(b)
amended by 44/2013 s 18(2)
amended by 49/2019 s 8(1)
s 21(3)
amended by 119/1985 s 3
amended by 13/1988 Sch 1
1.9.1988
amended by 49/1991 Sch 2
6.7.1992
amended by 38/1996 s 11
4.11.1996
(h) deleted by 12/1998 s 14 (Sch)
amended by 70/2000 s 2(a), (b)
amended by 55/2003 s 8(1), (2)
(t) deleted by 55/2003 s 8(3)
amended by 11/2011 s 41
30.1.2012
amended by 42/2016 Sch 1 cl 4
amended by 49/2019 s 8(2), (3)
s 21(3a)
inserted by 50/1998 s 12(c)
substituted by 49/2019 s 8(4)
s 21(4)
amended by 22/1993 s 6
amended by 50/1998 s 12(d)—(f)
s 21(4a)
inserted by 44/2013 s 18(3)
s 21(5)
approved professional indemnity insurance
inserted by 55/2003 s 8(4)
business
loan instrument
inserted by 70/2000 s 2(c)
tribunal
amended by 52/2012 Sch 3 cl 21
1.9.2013
amended by 38/2021 Sch 1 cl 20
trustee company
inserted by 49/2019 s 8(5)
s 22
amended by 50/1998 s 13
s 23
s 23(1)—(3)
s 23(4)
inserted by 4/2023 s 27
s 23AA
inserted by 84/1999 s 4
s 23AA(6)
deleted by 51/2025 s 5(1)
s 23AA(7)
amended by 44/2013 s 19
s 23AA(8)
amended by 51/2025 s 5(2)
Pt 3 Div 3A
inserted by 50/1998 s 14
s 23B
s 23B(3)
substituted by 55/2003 s 9
s 23B(4)
amended by 44/2013 s 20
s 23D
s 23D(1)
amended by 4/2023 s 28(1)
s 23D(3)
amended by 4/2023 s 28(2)
s 23D(4)
amended by 44/2013 s 21
s 23D(6)
amended by 4/2023 s 28(3)
Pt 3 Div 3B
inserted by 44/2013 s 22
Pt 3 Div 4 before substitution by 44/2013
s 24
s 24(1)
s 24(2)
s 25
s 26
deleted by 50/1986 s 3
s 27
substituted by 16/2013 s 63
17.6.2013
s 28
s 29
s 29(1)
s 29 redesignated as s 29(1) by 3/1985 s 4
s 29(2)
inserted by 3/1985 s 4
deleted by 12/1998 s 8
s 29(3)
inserted by 3/1985 s 4
deleted by 12/1998 s 8
s 30
substituted by 12/1998 s 14 (Sch)
substituted by 23/2001 s 83
Pt 3 Div 4
substituted by 44/2013 s 23
Pt 3 Div 4A
inserted by 49/2019 s 9
Pt 3 Div 5 before substitution by 44/2013
s 30A
inserted by 50/1998 s 15
s 31
s 31(1) and (2)
s 31(3)
amended by 50/1998 s 16(a)
s 31(4)
s 31(5)
amended by 50/1998 s 16(b)
s 31(6)
substituted by 3/1985 s 5
amended by 33/1999 Sch (item 33(e))
s 31(6a)
inserted by 3/1985 s 5
s 31(7)
s 31(7a)
inserted by 10/1996 s 6
13.6.1996
s 31(8)
s 31(9)—(11)
inserted by 70/1989 s 4
s 32
s 32(1)
amended by 33/1999 Sch (item 33(f))
s 32(2)
amended by 33/1999 Sch (item 33(f))
s 33
s 33(1)
s 33 redesignated as s 33(1) by 3/1985 s 6
amended by 12/1998 s 9(a)
s 33(2)
inserted by 3/1985 s 6
deleted by 12/1998 s 9(b)
inserted by 55/2003 s 10
s 33(3)
inserted by 3/1985 s 6
deleted by 12/1998 s 9(b)
s 33A
inserted by 50/1998 s 17
s 34
amended by 10/1996 s 7
substituted by 50/1998 s 18
s 35
amended by 3/1985 s 7
amended by 54/1990 s 3(1) (Sch 2)
amended by 22/1993 s 7
amended by 10/1996 ss 8, 32 (Sch 2)
substituted by 50/1998 s 18
s 35(1)
amended by 33/1999 Sch (item 33(g))
s 35(4)
financial institution
amended by 33/1999 Sch (item 33(h))
s 36
amended by 33/1999 Sch (item 33(i))
s 37
s 37(1)
amended by 50/1998 s 19(a)
s 37(1a)
inserted by 23/1990 s 3(1) (Sch 5)
s 37(2)
s 37(3)
s 37(4)
inserted by 22/1993 s 8
amended by 10/1996 s 9
amended by 50/1998 s 19(b), (c)
amended by 70/2000 s 3
s 37(5)
inserted by 22/1993 s 8
s 38
amended by 12/1998 s 10
amended by 50/1998 s 20
Pt 3 Div 5
substituted by 44/2013 s 24
Pt 3 Div 6
s 39
s 39(1)
amended by 10/1996 s 10
substituted by 44/2013 s 25(1)
amended by 49/2019 s 10(1), (2)
s 39(2)
amended by 10/1996 s 10
s 39(3)
amended by 44/2013 s 25(2), (3)
amended by 49/2019 s 10(3), (4)
s 39(4)
inserted by 49/2019 s 10(5)
Pt 3 Div 7
s 40
s 40(1)
amended by 49/2019 s 11(1)
s 40(2)
amended by 49/2019 s 11(2)—(4)
s 40(3)
amended by 49/2019 s 11(5), (6)
Pt 3 Div 8 before substitution by 44/2013
s 41
s 41(1) and (2)
s 41(3)
s 41(4)
s 42
s 42(1)
s 42(1a)
inserted by 3/1985 s 8
s 42(1b)
inserted by 3/1985 s 8
s 42(3)
s 42(4)
substituted by 10/1996 s 11
amended by 50/1998 s 21
s 42(6)
substituted by 22/1993 s 9
s 43
Pt 3 Div 8
substituted by 44/2013 s 26
Pt 3 Div 9
s 43A
inserted by 50/1998 s 22
amended by 44/2013 s 27
amended by 49/2019 s 12
s 44
s 44(1)
s 44(2)
substituted by 50/1998 s 23(a)
s 44(3)
amended by 50/1998 s 23(b)—(d)
amended by 33/1999 Sch (item 33(j))
s 44(4)
amended by 33/1999 Sch (item 33(k))
s 44(5)
s 44(6)
s 44(7)
s 44(9)
deleted by 50/1998 s 23(e)
s 44(10)
deleted by 50/1998 s 23(e)
s 45
s 45(1)
s 45(2)
amended by 50/1998 s 24(a), (b)
amended by 33/1999 Sch (item 33(l))
s 45(3)
amended by 50/1998 s 24(c)
s 45(4)
amended by 10/1996 s 12
s 45(5)
inserted by 50/1998 s 24(d)
s 46
s 46(2)
s 47
s 47(1)
s 47(2)
s 48
s 48(1)
s 48(2)
s 48(3)
amended by 44/2013 s 28
s 48(5)
s 48(5a)
inserted by 50/1998 s 25
s 48(6)
s 48(7)
Pt 3 Div 10
substituted by 44/2013 s 29
s 49
s 49(1)
substituted by 10/1996 s 13
(a) deleted by 44/2013 s 30(1)
amended by 44/2013 s 30(2)
substituted by 49/2019 s 13(1)
s 49(1a)
inserted by 10/1996 s 13
amended by 44/2013 s 30(3), (4)
amended by 49/2019 s 13(2), (3)
s 49(1b)
inserted by 44/2013 s 30(5)
s 49(2)
s 49(3)
amended by 49/2019 s 13(4)
Pt 3 Div 11
s 50
s 50(1)
s 50(3)
amended by 44/2013 s 31
s 50(4)
s 50(5)
Pt 3 Div 12
s 51
s 51(1)
amended by 119/1985 s 4
amended by 70/1989 s 5
amended by 25/1991 s 3
6.6.1991
amended by 49/1991 Sch 2
6.7.1992
amended by 50/1998 s 26
amended by 44/2013 s 32(1), (2)
amended by 38/2021 Sch 1 cl 21
s 51(2) and (3)
Pt 3 Div 13
s 52
amended by 3/1985 s 9
substituted by 84/1987 s 3
s 52(1)
amended by 44/2013 s 33(1)
s 52(2)
amended by 44/2013 s 33(2)
s 52(3)
substituted by 22/1993 s 10
1.1.1994
amended by 44/2013 s 33(3)
s 52(4)
substituted by 22/1993 s 10
1.1.1994
s 52(5)
amended by 44/2013 s 33(4), (5)
professional indemnity insurance
amended by 44/2013 s 33(6)
s 52AA
inserted by 50/1998 s 27
substituted by 44/2013 s 34
s 52AA(4)
amended by 25/2014 s 12
1.4.2015
s 52AAB
inserted by 50/1998 s 27
Pt 3 Div 14
inserted by 12/1998 s 11
Pt 4
Pt 4 Div 1
s 52B
inserted by 44/2013 s 35
s 53 before substitution by 44/2013
s 53(1)
amended by 84/1987 s 4(a)
1.2.1988
substituted by 22/1993 s 11(a)
s 53(1a)
inserted by 22/1993 s 11(a)
amended by 33/1999 Sch (item 33(m))
s 53(2)
substituted by 22/1993 s 11(a)
amended by 33/1999 Sch (item 33(n))
s 53(3)
s 53(4)
substituted by 50/1986 s 4(a)
substituted by 22/1993 s 11(b)
s 53(5)
s 53(6)
amended by 50/1998 s 28
s 53(7) and (8)
s 53(9)
substituted by 84/1987 s 4(b)
1.2.1988
s 53(10)
s 53(11) and (12)
s 53(13)
inserted by 50/1986 s 4(b)
amended by 33/1999 Sch (item 33(o))
s 53(14)
inserted by 22/1993 s 11(c)
amended by 33/1999 Sch (item 33(p))
s 53
substituted by 44/2013 s 35
s 53(6)
amended by 44/2016 s 6
s 54
amended by 3/1985 s 10
deleted by 22/1993 s 12
s 55
Pt 2 Div 2
s 56
s 56(1)
s 56(2)
substituted by 22/1993 s 13
s 56(3)
s 56(5)
s 56(6)
amended by 84/1987 s 5
amended by 51/2025 s 6
Pt 4 Div 3
substituted by 44/2013 s 36
s 57
s 57(1)
substituted by 44/2013 s 37(1)
s 57(2)
amended by 44/2013 s 37(2)
s 57(3)
amended by 10/1996 ss 14, 31 (Sch 1)
amended by 50/1998 s 29(a)
amended by 44/2013 s 37(2)—(4)
amended by 9/2014 s 6(1)
(ca) deleted by 9/2014 s 6(1)
amended by 49/2019 s 14
s 57(4)
amended by 22/1993 s 14
amended by 88/1996 s 4
1.1.1997
amended by 12/1998 s 12
amended by 50/1998 s 29(b), (c)
substituted by 44/2013 s 37(5)
amended by 9/2014 s 6(2)
s 57(5)
amended by 44/2013 s 37(2)
s 57(6)
inserted by 70/1989 s 6
amended by 44/2013 s 37(2), (6)
s 57(7)—(9)
inserted by 55/2025 s 6
Pt 4 Div 4
s 57A
inserted by 3/1985 s 11
s 57A(1)
amended by 33/1999 Sch (item 33(q))
s 57A(2)
amended by 27/2019 s 5(1), (2)
s 57A(3)
amended by 27/2019 s 5(3)
s 57A(4)
s 57A(5)
substituted by 27/2019 s 5(4)
s 57A(6)
deleted by 70/1989 s 7
s 58
s 58(1)
s 58(2)
s 59
Pt 5
s 60
s 60(1)
amended by 50/1998 s 30(a)
s 60(1a)
inserted by 44/2013 s 38(1)
s 60(2)
amended by 10/1996 s 15
s 60(3)
s 60(4)
amended by 3/1985 s 12
amended by 22/1993 s 15
amended by 50/1998 s 30(b)
s 60(5)
inserted by 50/1998 s 30(c)
amended by 44/2013 s 38(2)
s 60A
inserted by 50/1998 s 31
s 61
s 61(1)
amended by 44/2013 s 39
s 61(2) and (3)
s 62
s 62(1)
amended by 50/1998 s 32
s 62(2)
s 63
s 63(1) and (2)
s 63(3)
amended by 50/1998 s 33
s 63(5) and (7)
s 64
s 64(1)
s 64(2)
amended by 44/2013 s 40, Sch 1
s 64(3)—(5)
s 64A
inserted by 44/2013 s 41
s 65
s 66
substituted by 84/1999 s 5
s 66(1)
substituted by 44/2013 s 42(1)
s 66(2)
amended by 44/2013 s 42(2), Sch 1
s 67
s 67(1)
s 67(2)
s 67A
inserted by 22/1993 s 16
s 67A(2)
substituted by 44/2013 s 43
Pt 6
amended by 51/2025 s 7
Pt 6 Div 1 before substitution by 44/2013
heading amended by 10/1996 s 31 (Sch 1)
s 68
s 68(1)
substituted by 10/1996 s 16
s 68(1a)—(1c)
inserted by 10/1996 s 16
s 68(2) and (3)
s 68(4)
deleted by 22/1993 s 17
s 68(5)
s 68(6)—(8)
inserted by 27/1992 s 5
s 69
s 69(1)
s 69(2)
s 69(3)
amended by 13/1997 s 3
s 69(4)
s 70
s 70(1)—(5)
s 70(6)
amended by 25/1991 s 4
6.6.1991
s 71
s 71(1) and (2)
s 72
substituted by 10/1996 s 17
s 73
s 73(1)
s 73 amended and redesignated as s 73(1) by 3/1985 s 13
amended by 22/1993 s 8(a), (b)
amended by 10/1996 s 31 (Sch 1), s 32 (Sch 2)
amended by 50/1998 s 34(a), (b)
s 73(2)
inserted by 3/1985 s 13(b)
amended by 70/1989 s 8
amended by 22/1993 s 18(c)
amended by 10/1996 s 18
amended by 50/1998 s 34(c)—(e)
s 73(3)
inserted by 50/1998 s 34(f)
s 73A
inserted by 50/1998 s 35
Pt 6 Div 1
substituted by 44/2013 s 44
s 67B
inserted by 44/2016 s 7
amended by 38/2021 Sch 1 cl 22
amended by 51/2025 s 8
s 70
s 70(1)
s 70 amended and redesignated as s 70(1) by 42/2025 s 3(1), (2)
s 70(2)
inserted by 42/2025 s 3(2)
Pt 6 Div 2 before substitution by 44/2013
heading amended by 10/1996 s 31 (Sch 1)
Pt 6 Div 2 Subdiv 1
heading inserted by 50/1998 s 36
s 74
s 74(1)
amended by 22/1993 s 19
amended by 10/1996 ss 19(a), 31 (Sch 1)
substituted by 50/1998 s 37(a)
s 74(2)
substituted by 10/1996 s 19(b)
s 74(3)
inserted by 50/1998 s 37(b)
s 75
s 75(1)
s 75(2)
substituted by 50/1998 s 38
s 75(3)
heading preceding s 76
inserted by 22/1993 s 20
amended by 10/1996 s 20
deleted by 50/1998 s 39
Pt 6 Div 2 Subdiv 2
heading inserted by 50/1998 s 39
s 76
s 76(1)
substituted by 10/1996 s 21(a)
amended by 50/1998 s 40(a), (b)
s 76(1a)
inserted by 10/1996 s 21(a)
amended by 50/1998 s 40(c)
s 76(1b)
inserted by 10/1996 s 21(a)
s 76(2)
amended by 50/1998 s 40(d), (e)
s 76(3)
amended by 3/1985 s 14(a)
substituted by 10/1996 s 21(b)
s 76(4)
amended by 3/1985 s 14(b)
substituted by 10/1996 s 21(b)
s 76(4a)
inserted by 10/1996 s 21(b)
amended by 50/1998 s 40(f)
s 76(4b)
inserted by 10/1996 s 21(b)
amended by 50/1998 s 40(g)
s 76(5)
inserted by 3/1985 s 14(c)
financial institution
inserted by 22/1993 s 21(a)
substituted by 50/1998 s 40(h)
amended by 33/1999 Sch (item 33(r))
prescribed person
amended by 22/1993 s 21(b)
amended by 10/1996 s 21(c)
amended by 50/1998 s 40(i)—(k)
Pt 6 Div 2 Subdiv 3
heading inserted by 50/1998 s 41
s 77
s 77(1)
amended by 10/1996 ss 22(a), 31 (Sch 1)
substituted by 50/1998 s 42(a)
s 77(2)
amended by 10/1996 s 22(b)
deleted by 50/1998 s 42(b)
s 77(3)
deleted by 10/1996 s 22(c)
s 77(4)
amended by 10/1996 ss 22(d), (e), 31 (Sch 1)
substituted by 50/1998 s 42(c)
s 77(5)
s 77(6)
s 77AA
inserted by 50/1998 s 43
s 77AB
inserted by 50/1998 s 43
s 77AB(1)
amended by 55/2003 s 11(1)—(3)
heading preceding s 77A
inserted by 22/1993 s 22
deleted by 50/1998 s 44
Pt 6 Div 2 Subdiv 4
heading inserted by 50/1998 s 44
s 77A
inserted by 22/1993 s 22
s 77A(1) and (2)
s 77A(3)
substituted by 10/1996 s 23
s 77A(4)
s 77A(5)
Pt 6 Div 2 Subdiv 5
inserted by 50/1998 s 45
Pt 6 Div 2
substituted by 44/2013 s 44
Pt 6 Div 2 Subdiv 1
s 72
s 72(1)
amended by 51/2025 s 9
s 72(2)
substituted by 27/2019 s 6
s 77
s 77(4)
inserted by 44/2016 s 8
Pt 6 Div 2 Subdiv 1A
inserted by 51/2025 s 10
Pt 6 Div 2 Subdiv 2
s 77B
s 77B(2)
amended by 44/2016 s 9(1), (2)
s 77B(3a)—(3c)
inserted by 44/2016 s 9(3)
s 77D
s 77D(1)
amended by 44/2016 s 10
Pt 6 Div 2 Subdiv 3
s 77H
s 77H(2)
amended by 9/2014 s 7
amended by 44/2016 s 11(1)
s 77H(2a)
inserted by 44/2016 s 11(2)
s 77J
s 77J(1)
amended by 51/2025 s 11(1)—(5)
s 77J(2)
amended by 51/2025 s 11(6)—(8)
s 77J(3)
amended by 51/2025 s 11(9)
s 77J(5)
amended by 51/2025 s 11(10)
s 77J(13)
amended by 51/2025 s 11(11), (12)
s 77J(14)
deleted by 51/2025 s 11(13)
s 77K
deleted by 51/2025 s 12
s 77K(3a)—(3c)
inserted by 44/2016 s 12
s 77L
amended by 51/2025 s 13(2)
amended by 51/2025 s 13(1)
s 77M
amended by 51/2025 s 14
Pt 6 Div 2 Subdiv 4
s 77N
s 77N(4a)
inserted by 27/2019 s 7(1)
s 77N(6)
amended by 44/2016 s 13(1)
s 77N(7)
amended by 44/2016 s 13(2)
amended by 27/2019 s 7(2)
s 77N(8)
amended by 44/2016 s 13(3)
s 77N(10)
amended by 49/2019 s 15
Pt 6 Div 2 Subdiv 5
s 77O
s 77O(7)
amended by 51/2025 s 15
Pt 6 Div 2 Subdiv 6
inserted by 51/2025 s 16
Pt 6 Div 3
substituted by 51/2025 s 17
s 78
s 78(1)
s 78(2)
amended by 22/1993 s 23(a)
amended by 13/1997 s 4(a)
amended by 44/2013 s 45(1)
s 78(3)
deleted by 22/1993 s 23(b)
inserted by 13/1997 s 4(b)
amended by 44/2013 s 45(2)
s 78(4)
amended by 44/2013 s 45(3), (4)
s 78(5)
s 79
s 79(1)
s 79(2)
deleted by 22/1993 s 24
s 79(3)
s 79(4)
amended by 13/1997 s 5
s 79(5)
amended by 55/2003 s 12
s 79(6)
inserted by 10/1996 s 24
s 80
s 80(1)
amended by 50/1998 s 46(a)
amended by 44/2013 s 46(1)
s 80(1a)
inserted by 50/1998 s 46(b)
substituted by 44/2013 s 46(2)
s 80(1b)
inserted by 44/2013 s 46(2)
amended by 27/2019 s 8(1)
s 80(1ba)
inserted by 27/2019 s 8(2)
s 80(1c)
inserted by 44/2013 s 46(2)
s 80(2)
s 80(4)
substituted by 10/1996 s 25
amended by 13/1997 s 6
s 80(4a)
inserted by 10/1996 s 25
amended by 50/1998 s 46(c)
s 80(4b)
inserted by 10/1996 s 25
s 80(5)
s 81
Pt 6 Div 4
ss 79—81
inserted by 51/2025 s 18
s 82
deleted by 51/2025 s 19
s 82(1)
amended by 50/1998 s 47(a)
amended by 44/2013 s 47(1), (2)
s 82(1a)
inserted by 44/2013 s 47(3)
s 82(2)
amended by 50/1998 s 47(b)
amended by 44/2013 s 47(4), (5)
s 82(2a)
substituted by 44/2013 s 47(6)
substituted by 27/2019 s 9
s 82(2b)
deleted by 44/2013 s 47(6)
s 82(2c)
s 82(4)
s 82(5)
amended by 44/2013 s 47(7)
s 82(6)
amended by 10/1996 ss 26(a), (b), 32 (Sch 2)
amended by 50/1998 s 47(d), (f), (g)
(a)(ia) deleted by 50/1998 s 47(e)
amended by 55/2003 s 13
amended by 44/2013 s 47(8)—(11)
s 82(6a)
inserted by 10/1996 s 26(c)
substituted by 50/1998 s 47(h)
deleted by 44/2013 s 47(12)
s 82(6b)
inserted by 10/1996 s 26(c)
substituted by 50/1998 s 47(h)
s 82(7)
amended by 50/1998 s 47(i)
amended by 44/2013 s 47(13)
s 82(8)
inserted by 50/1998 s 47(j)
amended by 44/2013 s 47(14), (15)
s 83
amended by 51/2025 s 20(1)
s 83(1)
substituted by 51/2025 s 20(2)
s 83(2)
amended by 51/2025 s 20(3)
s 83(3)
substituted by 51/2025 s 20(4)
s 84
deleted by 51/2025 s 21
s 84(1)
amended by 10/1996 s 27(a)—(c)
amended by 44/2013 s 48
s 84(3)
amended by 10/1996 ss 27(d), (e), 32 (Sch 2)
s 84(5)
amended by 17/2006 s 155(1)
s 84(6)
deleted by 10/1996 s 27(f)
inserted by 17/2006 s 155(2)
s 84(7)
amended by 50/1998 s 48
amended by 44/2016 s 14(1), (2)
s 84A
inserted by 22/1993 s 25
s 84A(1)
substituted by 51/2025 s 22(1)
s 84A(2)
substituted by 10/1996 s 28(a)
deleted by 51/2025 s 22(2)
s 84A(3)
amended by 10/1996 s 28(b)
amended by 51/2025 s 22(3)
s 84B
inserted by 22/1993 s 25
s 84C
inserted by 44/2013 s 49
s 85
s 85(1)
amended by 51/2025 s 23(1), (2)
s 85(1a)
inserted by 44/2013 s 50(1)
amended by 51/2025 s 23(3)
s 85(2)
amended by 44/2013 s 50(2)
s 85(3)
deleted by 51/2025 s 23(4)
s 85(4)
deleted by 51/2025 s 23(4)
s 86
substituted by 51/2025 s 24
s 86(1) and (2)
substituted by 84/1987 s 6(a)
s 86(3)
amended by 84/1987 s 6(b)
ss 87 and 88
deleted by 51/2025 s 25
Pt 6 Div 5
s 88A
inserted by 44/2013 s 51
s 89
s 89(1)
amended by 50/1998 s 49(a)
amended by 44/2013 s 52(1)
substituted by 51/2025 s 26(1)
s 89(1a)
inserted by 44/2013 s 52(2)
amended by 51/2025 s 26(2)
s 89 (1b)
inserted by 44/2013 s 52(2)
s 89(2)
amended by 50/1998 s 49(b), (c)
s 89(3)
deleted by 44/2013 s 52(3)
s 89(4)
amended by 23/2024 s 30
amended by 51/2025 s 26(3)
s 89(5)
amended by 50/1998 s 49(d)
amended by 23/2024 s 30
amended by 51/2025 s 26(4), (5)
s 89(6)
amended by 50/1998 s 49(e), (f)
amended by 44/2013 s 52(1)
s 89(7)
deleted by 50/1998 s 49(g)
s 89A
inserted by 50/1998 s 50
amended by 17/2006 s 156
amended by 44/2013 s 53
Pt 6 Div 6 before substitution by 44/2013
s 90
s 90(2)
amended by 84/2009 s 193
1.2.2010
s 90(3) and (4)
Pt 6 Div 6
substituted by 44/2013 s 54
s 89B
disciplinary action
amended by 44/2016 s 15
s 89C
s 89C(7a)
inserted by 44/2016 s 16
Pt 6 Div 6A
inserted by 50/1998 s 51
s 90AD
amended by 51/2025 s 27
s 90AF
s 90AF(2)
amended by 44/2013 s 55
Pt 6 Div 7
inserted by 22/1993 s 26
s 90A
s 90A(1)
amended by 44/2013 s 56
s 90A(2)
amended by 51/2025 s 28(1)
s 90A(3)
amended by 44/2013 s 56
s 90A(4)
inserted by 51/2025 s 28(2)
Pt 6 Div 8
inserted by 44/2013 s 57
Pt 7 before deletion by 42/2016
s 91
s 91(1)—(4)
s 92
s 92(1)—(3)
s 93
s 93(1)
amended by 17/2006 s 157
s 93(2) and (3)
s 94
Pt 7
deleted by 42/2016 Sch 1 cl 5
inserted by 32/2020 s 4
26.11.2020
heading amended by 23/2024 s 31
s 92
substituted by 23/2024 s 32
Pt 8
s 95
s 95(1)
substituted by 10/1996 s 29
amended by 12/1998 s 13(a), (b)
amended by 50/1998 s 52
amended by 9/2014 s 8
s 95(1aa)
inserted by 12/1998 s 13(c)
s 95(1a)
inserted by 90/1987 s 3
s 95(2)
substituted by 12/1998 s 13(d)
s 95(3)
s 95AA
inserted by 50/1998 s 53
ss 95A and 95B
inserted by 10/1996 s 30
s 95BA
inserted by 84/1999 s 6
s 95BA(2)
s 95C
inserted by 10/1996 s 30
s 95C(3)
amended by 50/1998 s 54
s 95D
inserted by 50/1998 s 55
substituted by 44/2013 s 58
s 95E
inserted by 27/2019 s 10
s 96
s 96(1)
deleted by 12/1998 s 14 (Sch)
s 96(2) and (3)
s 96(4)
inserted by 50/1986 s 5
deleted by 12/1998 s 14 (Sch)
s 97
s 97(2)
amended by 90/1987 s 4
(c) deleted by 44/2013 s 59(1)
s 97(3)
substituted by 44/2013 s 59(2)
s 97(3aa) and (3aab)
inserted by 44/2013 s 59(2)
s 97(3a)
inserted by 55/2003 s 14
s 98
inserted by 44/2013 s 60
Sch 1
cl A1
inserted by 27/2019 s 11
cl 3A
inserted by 44/2016 s 17(1)
cl 4A
inserted by 44/2016 s 17(2)
cl 5A
inserted by 44/2016 s 17(3)
cl 18
cl 18(1)
amended by 44/2016 s 17(4)
cl 18(6)
deleted by 51/2025 s 29(1)
cl 18(8)
amended by 51/2025 s 29(2)
cl 32
cl 32(1)
amended by 44/2016 s 17(5), (6)
Sch 1A
inserted by 49/2019 s 16
Sch 2
cl 1
cl 1(1)
inserted by 49/2019 s 17
cl 46
amended by 44/2016 s 18
Sch 3
cl 1
inserted by 49/2019 s 18(1)
cl 18
cl 18(7)
amended by 49/2019 s 18(2)
cl 25
cl 25(2)
(c)(ii) deleted by 70/2017 s 12(1)
cl 26
cl 26(1)
amended by 70/2017 s 12(2)
cl 26(1a)
inserted by 70/2017 s 12(3)
cl 30
cl 30(2)
amended by 49/2019 s 18(3)
cl 30(3)
amended by 49/2019 s 18(4)
amended by 51/2025 s 30
cl 30(5)
amended by 49/2019 s 18(5)
cl 30(7)
amended by 49/2019 s 18(6)—(8)
cl 41
cl 41(2)
amended by 23/2024 s 33
cl 46
cl 46(2)
amended by 49/2019 s 18(9)—(11)
cl 50
amended by 44/2016 s 19
cl 50(2)
amended by 49/2019 s 18(12)
cl 53
substituted by 49/2019 s 18(13)
Sch 4
cl 1
cl 1(1)
inserted by 49/2019 s 19(1)
cl 1(3)
inserted by 49/2019 s 19(2)
cl 4
cl 4(2)
substituted by 51/2025 s 31
cl 5
cl 5(3)
amended by 42/2025 s 4(1)
cl 10
cl 10(1)
amended by 44/2016 s 20
cl 19
cl 19(2)
amended by 9/2014 s 9(1)
cl 19(3)
amended by 9/2014 s 9(2)
amended by 42/2025 s 4(2)
Sch 5
inserted by 44/2016 s 21
Transitional etc provisions associated with Act or amendments
Legal Practitioners (Qualifications) Amendment Act 1998
15—Transitional provision
(1) If, immediately before the commencement of section 6, a practising certificate is subject to conditions imposed under section 17A of the principal Act, those conditions will, on the commencement of section 6, be taken to be conditions imposed under section 17A of the principal Act as substituted by section 6.
(2) The Legal Practitioners Education and Admission Council may take action under section 17A of the principal Act as substituted by this Act in relation to non-compliance with any condition imposed under section 17A of the principal Act as in force before the commencement of section 6 as if the condition were a condition imposed under section 17A as so substituted (whether the non-compliance occurred before or after that commencement).
Legal Practitioners (Miscellaneous) Amendment Act 1998
56—Transitional
A condition applying to a legal practitioner immediately before the commencement of this section by virtue of—
(a) an undertaking entered into by the practitioner and accepted by the Tribunal under section 82 of the principal Act or an order of the Tribunal under that section; or
(b) an order of the Supreme Court under section 89 of the principal Act,
will, on and after the commencement of this section, be taken to be a condition imposed on the legal practitioner's practising certificate by order of the Tribunal under section 82 of the principal Act as amended by this Act or by order of the Supreme Court under section 89 of the principal Act as amended by this Act, as the case requires (and will be taken to be so imposed for the period specified in the undertaking or order as the period for which the condition was to apply).
Legal Practitioners (Miscellaneous) Amendment Act 1999
7—Transitional
The amendments to the principal Act made by this Act do not affect—
(a) any right to compensation under Part 5 of the principal Act for loss suffered as a result of mortgage financing where the instructions to engage in the mortgage financing were taken before the commencement of this Act; or
(b) any right to compensation under the principal Act for loss suffered by a legal practitioner in consequence of a fiduciary or professional default by a partner, clerk or employee of the legal practitioner where the fiduciary or professional default was committed before the commencement of this Act.
Statutes Amendment (Domestic Partners) Act 2006
147—Transitional provision
From the commencement of this section, a reference to a prescribed relative, spouse or putative spouse in the memorandum and articles of association or constitution of a company that holds a practising certificate under the Legal Practitioners Act 1981 will, where the context so admits or requires, be taken to include a reference to a domestic partner.
Legal Practitioners (Miscellaneous) Amendment Act 2013, Sch 2 Pt 4—Transitional provisions
5—Interpretation
(1) In this Part—
Board means the Legal Practitioners Conduct Board;
Commissioner has the same meaning as in the principal Act;
principal Act means the Legal Practitioners Act 1981;
relevant day means the day on which section 44 comes into operation.
(2) Unless the contrary intention appears, a term used in this Part and also in the principal Act has the same meaning in this Part as it has in that Act.
6—Practising certificates
Part 3 Divisions 2A to 2C of the principal Act, as inserted by section 17 of this Act, apply in relation to a practising certificate whether issued before, on or after the commencement of that section.
7—Deficiencies in trust accounts
Schedule 2 clauses 23 and 24 of the principal Act (as inserted by this Act) apply to trust money whether the money was received before, on or after the commencement of those clauses.
8—Combined trust account
An ADI that was, immediately before the commencement of this clause, an approved ADI within the meaning of section 53 of the principal Act is, on the commencement of this clause, taken to be an approved ADI for the purposes of section 53 as inserted by this Act.
9—Costs
(1) Subject to this clause, Schedule 3 of the principal Act (as inserted by this Act) applies to a matter if the client first instructs the law practice in the matter on or after the commencement of that Schedule and Part 3 Division 8 of the principal Act as in force immediately before the relevant day continues to apply to a matter if the client first instructed the law practice in the matter before the commencement of Schedule 3.
(2) Schedule 3 of the principal Act (as inserted by this Act) does not apply in respect of a law practice that is retained by another law practice on behalf of a client on or after the commencement of that Schedule in relation to a matter in which the other law practice was retained by the client before that commencement and in that case Part 3 Division 8 of the principal Act as in force immediately before that commencement continues to apply.
(3) If Part 3 Division 8 of the principal Act as in force immediately before the commencement of Schedule 3 of the principal Act (as inserted by this Act) applies to a matter by virtue of subclause (1) or (2), the Division will cease to apply to the matter on the first anniversary of that commencement and Schedule 3 of the principal Act (as inserted by this Act) will then apply to the matter.
10—Fidelity Fund
The legal practitioners' guarantee fund maintained by the Society under Part 4 of the principal Act as in force immediately before the commencement of section 37 continues in existence as the Legal Practitioners Fidelity Fund maintained by the Society under Part 4 of the principal Act as amended by this Act.
11—Claims against Fidelity Fund
(1) Subsection (1a) of section 60 of the principal Act (as inserted by this Act) does not apply in relation to a claim for compensation served on the Society before the commencement of that subsection.
(2) Section 64 of the principal Act applies to any claim in relation to a fiduciary or professional default, or a series of fiduciary or professional defaults, in respect of which the Society has published a notice under Part 5 of the principal Act before the commencement of section 40 as if—
(a) the amendment to section 64(2) made by that section had not been made; and
(b) the prescribed percentage for the purposes of section 64(2) were 5%.
12—Investigations
An investigation may be undertaken under Schedule 2 Part 3 of the principal Act (as inserted by this Act) in relation to an aspect of the affairs of a law practice whether the investigation relates to matters that occurred before or after the commencement of that Schedule.
13—Transfer of functions from Board to Commissioner
(1) If a complaint received by the Board in relation to the conduct of a legal practitioner or former legal practitioner has not been resolved before the relevant day, the Commissioner will, on and from that day, assume the conduct of the complaint as if it had been received by the Commissioner.
(2) If a direction by the Attorney‑General or the Society to the Board to make an investigation into the conduct of a legal practitioner or former legal practitioner has not been resolved before the relevant day, the Commissioner will, on and from that day, assume the conduct of the investigation as if the direction had been given to the Commissioner.
(3) An investigation commenced by the Board into—
(a) the conduct of a legal practitioner or former legal practitioner; or
(b) a complaint of overcharging,
is, if the investigation has not been completed before the relevant day, to be continued by the Commissioner as if the investigation had been commenced under section 77B or (in the case of a complaint of overcharging) 77N of the principal Act as inserted by this Act.
(4) If a charge laid by the Board under section 82 of the principal Act has not been determined before the relevant day, the Commissioner will, on and from that day, assume the conduct of the charge as if it had been laid by the Commissioner.
(5) If disciplinary proceedings against a legal practitioner commenced by the Board in the Supreme Court have not been determined before the relevant day, the Commissioner will, on and from that day, assume the conduct of the proceedings as if they had been commenced by the Commissioner.
(6) A notice issued by the Board under repealed section 76(3)(a) of the principal Act and in force immediately before the relevant day continues as if it were a notice issued by an investigator under Schedule 4 clause 4(1)(a) of the principal Act (as inserted by this Act).
(7) A notice issued by the Board under repealed section 76(4a) of the principal Act and in force immediately before the relevant day continues as if it were a notice issued by the Commissioner under Schedule 4 clause 4(1)(b) of the principal Act (as inserted by this Act).
(8) A notice issued by the Board under repealed section 77A(3) of the principal Act and in force immediately before the relevant day continues as if it were a notice issued by the Commissioner under section 77N(4) of the principal Act (as inserted by this Act).
14—Application of principal Act as amended to complaints, investigations, disciplinary proceedings and conduct
(1) Subject to this Schedule, the principal Act as amended by this Act applies in relation to—
(a) any complaint received by the Commissioner or for which the Commissioner has assumed the conduct; and
(b) any investigation commenced or continued by the Commissioner; and
(c) any disciplinary proceedings commenced by the Commissioner, the Society or another person or for which the Commissioner has assumed the conduct,
whether the conduct to which the complaint, investigation or proceedings relates occurred before or after the relevant day.
(2) The principal Act as amended by this Act applies in relation to conduct that occurred before the relevant day as if—
(a) "unsatisfactory professional conduct" were replaced with "unsatisfactory conduct" wherever occurring; and
(b) "professional misconduct" were replaced with "unprofessional conduct" wherever occurring; and
(c) "unsatisfactory conduct" and "unprofessional conduct" had the same respective meanings as in the principal Act as in force immediately before the relevant day.
15—Transfer of employment
(1) A person who, immediately before the relevant day, was a member of the staff of the Board will, on that day, be a member of the staff of the Commissioner.
(2) The transfer of a person's employment under subclause (1)—
(a) will be taken to provide for continuity of employment without termination of the relevant person's service; and
(b) will not affect—
(i) existing conditions of employment or existing or accrued rights to leave; or
(ii) a process commenced for variation of those conditions or rights.
(3) A person whose employment has been transferred under subclause (1) will be taken to have been appointed by the Commissioner to the Commissioner's staff under section 76 of the principal Act.
(4) Subclause (1) does not apply in relation to the person occupying the position of Director under section 72 of the principal Act immediately before the relevant day.
16—Contracts etc
(1) All assets, rights and liabilities of the Board are transferred to the Commissioner.
(2) A liability of the Board transferred to the Commissioner under subclause (1) may be paid from the Fidelity Fund.
(3) The transfer of assets, rights and liabilities under this clause operates by force of this clause and despite the provisions of any other law.
(4) A reference to the Board in an instrument or agreement that gives rise to or evidences an asset, right or liability under subclause (1) will have effect as if it were a reference to the Commissioner.
17—Continuing obligation of confidentiality
(1) Section 37 of the principal Act as in force immediately before the commencement of section 24 of this Act continues to apply to the Society and to a person employed or appointed before that commencement as an approved auditor or inspector to make an audit or examination of accounts.
(2) Section 73 of the principal Act as in force immediately before the commencement of section 44 of this Act continues to apply to a person who was, before that commencement, a member of the Board or employed or engaged on work related to the affairs of the Board.
18—Tribunal members
(1) The office of all members of the Legal Practitioners Disciplinary Tribunal will become vacant on the commencement of section 45 of this Act.
(2) A person who ceases to hold office as a member of the Tribunal under subclause (1)—
(a) may be appointed to the vacant office; or
(b) may continue to act as a member of the Tribunal for the purpose of completing the hearing and determination of proceedings part‑heard on the commencement of section 45.
Statutes Amendment (Legal Practitioners) Act 2014, Sch 1—Transitional provision
1—Fidelity Fund
Money in the Fidelity Fund (within the meaning of the Legal Practitioners Act 1981) may be applied for the purpose of reimbursing the expenses incurred by the Crown in funding the establishment and operation of the Office of the Legal Profession Conduct Commissioner, including the costs associated with the salaries and related expenses of the Commissioner and his or her staff, in the period commencing 1 February 2014 (the Commissioner's date of appointment) and ending on the day on which this clause comes into operation.
Notaries Public Act 2016, Sch 1 Pt 3—Transitional provision
6—Continuation of roll and persons admitted to the roll
The roll of all public notaries kept by the Registrar of the Supreme Court under Part 7 of the Legal Practitioners Act 1981 immediately before the commencement of this Act continues after that commencement as the roll of notaries public required to be kept by the Registrar of the Supreme Court under section 7 of this Act and a person listed on that roll is taken to be admitted as enrolled as a notary public under this Act.
Legal Practitioners (Miscellaneous) Amendment Act 2019, Sch 1
1—Transitional provisions
(1) Section 77N of the Legal Practitioners Act 1981 as amended by section 7 of this Act applies in relation to a complaint of overcharging received by the Legal Profession Conduct Commissioner after the commencement of the amendment irrespective of whether the final bill to which the complaint relates was delivered to the client before or after that commencement.
(2) Section 80 of the Legal Practitioners Act 1981, as in force immediately before the commencement of section 8 of this Act, applies in relation to an application for an extension of time heard by the Legal Practitioners Disciplinary Tribunal after the commencement of the amendments made by that section if the charge or charges in relation to which the application is being made arise from a complaint made, or a direction from the Attorney‑General or the Society received, or from an investigation by the Commissioner commenced on the Commissioner's own initiative, before that commencement.
(3) Section 82(2a) of the Legal Practitioners Act 1981, as in force immediately before the commencement of section 9 of this Act, applies in relation to the laying of a charge before the Legal Practitioners Disciplinary Tribunal after the commencement of the amendment made by that section if the charge arises from a complaint made, or a direction from the Attorney‑General or the Society received, or from an investigation by the Commissioner commenced on the Commissioner's own initiative, before that commencement.
Legal Practitioners (Foreign Lawyers and Other Matters) Amendment Act 2019, Sch 1
1—Transitional provision
Section 77N of the Legal Practitioners Act 1981 as amended by this Act applies in relation to a complaint of overcharging received by the Legal Profession Conduct Commissioner after the commencement of the amendment irrespective of whether the final bill to which the complaint relates was delivered to the client before or after that commencement.
Legal Practitioners (Senior and Queen's Counsel) Amendment Act 2020, Sch 1—Transitional provisions
1—Application of section 92
Section 92 of the Legal Practitioners Act 1981 (as enacted by this Act) applies in relation to a legal practitioner who has been appointed as a Senior Counsel by the Chief Justice of the Supreme Court before or after the commencement of that section.
2—Application of section 93
Section 93 of the Legal Practitioners Act 1981 (as enacted by this Act) applies in relation to a legal practitioner who has been appointed as a Senior Counsel by the Chief Justice of the Supreme Court, or as a Queen's Counsel, before or after the commencement of that section.
Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021, Sch 1 Pt 21
76—Savings and transitional regulations
Regulations may be made under any Act amended by this Act (including under the Independent Commission Against Corruption Act 2012 as in force after the commencement of this Act) to make provisions of a saving or transitional nature consequent on the enactment of this Act or on the commencement of specified provisions of this Act.
Historical versions
Reprint—1.8.1990