ACTIn ForceAct
Legal Profession Act 2006
109Incorporated legal practice without legal practitioner
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109 Incorporated legal practice without legal practitioner
director
(1) An incorporated legal practice commits an offence if—
(a) it ceases to have any legal practitioner directors; and
(b) it fails to tell the law society council as soon as possible, but no
later than 7 days after the day it ceases to have any legal
practitioner directors.
(2) An incorporated legal practice commits an offence if it does not have
any legal practitioner directors for a period of longer than 7 days.
(3) Subsection (2) does not apply to an incorporated legal practice during
any period during which a person holds an appointment under this
section in relation to the practice.
(4) An incorporated legal practice commits an offence if it provides legal
services in the ACT during any period when, under subsection (5), it
is in default of the director requirements under this section.
(5) An incorporated legal practice that does not have any legal
practitioner directors for a period of longer than 7 days is taken to be
in default of director requirements under this section for the period
from the end of the 7-day period until—
(a) it has at least 1 legal practitioner director; or
(b) a person is appointed under this section or a corresponding law
in relation to the practice.
(6) The law society council may appoint an Australian legal practitioner
who is an employee of the incorporated legal practice or someone else
chosen by the council, in the absence of a legal practitioner director,
to exercise the functions of a legal practitioner director under this part.
(7) An Australian legal practitioner is not eligible to be appointed under
this section unless the practitioner holds an unrestricted practising
(8) The appointment under this section of a person to exercise functions
of a legal practitioner director does not, for any other purpose, give
the person any of the other functions of a director of the incorporated
(9) A reference in this section to a legal practitioner director does not
include a reference to a person who is not validly appointed as a
director, but this subsection does not affect the meaning of the term
legal practitioner director in other provisions of this Act.