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Legal Profession Regulation 2007
89Register of disciplinary action—Act, s 448 (2) (e)
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89 Register of disciplinary action—Act, s 448 (2) (e)
For disciplinary action taken against an Australian legal practitioner,
particulars of the date and jurisdiction of the person’s first and any
later admission to the legal profession must be included in the register
of disciplinary action.
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this regulation.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• Act
• ACT
• ADI
• Corporations Act
• entity
• public holiday
• under.
Note 3 Terms used in this regulation have the same meaning that they have in
the Legal Profession Act 2006 (see Legislation Act, s 148). For example,
the following terms are defined in the Legal Profession Act 2006, dict:
• Australian-registered foreign lawyer
• government agency
• government lawyer
• interstate legal practitioner (see s 8)
• jurisdiction
• law firm
• law practice
• legal services
• local legal practitioner (see s 8)
• locally-registered foreign lawyer
• local practising certificate
• register of disciplinary action (see s 448)
• relevant council
• trust money
• unrestricted practising certificate.
BSB number, for part 6 (Trust money and trust accounts)—see
in-house lawyer—see the Act, section 33 (3).
matter description, for part 6 (Trust money and trust accounts)—see
matter reference, for part 6 (Trust money and trust accounts)—see
named month means 1 of the 12 named months of the year starting
with January.
notional amount, for division 6.8 (Statutory deposits)—see
section 69.
trust accounting year, for division 6.8 (Statutory deposits)—see
section 69.
About the endnotes 1
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
3 Legislation history
3 Legislation history
Legal Profession Regulation 2007 SL2007-27
notified LR 28 September 2007
s 1, s 2 commenced 28 September 2007 (LA s 75 (1))
s 91 commenced 1 October 2007 (s 2 (1))
remainder commenced 1 October 2007 (s 2 (2) and see Legal
Profession Amendment Act 2007 A2007-28 s 2)
as amended by
Legal Profession Amendment Regulation 2008 (No 1) SL2008-13
notified LR 31 March 2008
s 1, s 2 commenced 31 March 2008 (LA s 75 (1))
remainder commenced 1 April 2008 (s 2)
Justice and Community Safety Legislation Amendment
Act 2008 (No 3) A2008-29 sch 1 pt 1.9
notified LR 13 August 2008
s 1, s 2 commenced 13 August 2008 (LA s 75 (1))
sch 1 pt 1.9 commenced 27 August 2008 (s 2)
ACT Civil and Administrative Tribunal Legislation Amendment
Act 2008 (No 2) A2008-37 sch 1 pt 1.65
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.65 commenced 2 February 2009 (s 2 (1) and see ACT Civil
and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Statute Law Amendment Act 2011 (No 2) A2011-28 sch 3 pt 3.22
notified LR 31 August 2011
s 1, s 2 commenced 31 August 2011 (LA s 75 (1))
sch 3 pt 3.22 commenced 21 September 2011 (s 2 (1))
Justice and Community Safety Legislation Amendment Act 2014
A2014-17 sch 1 pt 1.8
notified LR 13 May 2014
s 1, s 2 taken to have commenced 25 November 2013 (LA s 75 (2))
sch 1 pt 1.8 commenced 12 June 2014 (s 2 (3))
Legislation history 3
Statute Law Amendment Act 2015 A2015-15 sch 3 pt 3.10
notified LR 27 May 2015
s 1, s 2 commenced 27 May 2015 (LA s 75 (1))
sch 3 pt 3.10 commenced 10 June 2015 (s 2)
Justice and Community Safety Legislation Amendment Act 2019
A2019-17 pt 10
notified LR 14 June 2019
s 1, s 2 commenced 14 June 2019 (LA s 75 (1))
pt 10 commenced 21 June 2019 (s 2)
Statute Law Amendment Act 2019 A2019-42 sch 3 pt 3.17
notified LR 31 October 2019
s 1, s 2 commenced 31 October 2019 (LA s 75 (1))
sch 3 pt 3.17 commenced 14 November 2019 (s 2 (1))
Statute Law Amendment Act 2022 A2022-14 sch 3 pt 3.26
notified LR 10 August 2022
s 1, s 2 commenced 10 August 2022 (LA s 75 (1))
sch 3 pt 3.26 commenced 24 August 2022 (s 2)
Commencement
s 2 om LA s 89 (4)
Declaration of exempt person—certain supervised employees—Act,
s 16 (4) (e)
s 6 am A2015-15 amdt 3.59
Declaration of exempt person—member of organisation representing
veterans—Act, s 16 (4) (e)
s 7 am A2019-42 amdt 3.75
Presumptions about taking or using certain names, titles or descriptions—
Act, s 18 (2)
s 8 am A2008-29 amdt 1.29; A2022-14 amdt 3.172
Application of Act, s 50 to certain practitioners—Act, s 33 (2)
s 9 am A2022-14 amdt 3.173
Criteria for grant or renewal of unrestricted practising certificate—Act, s 35
s 10 (3)-(5) exp 1 October 2012 (s 10 (5))
table 10 am A2019-17 s 28; pars renum R12 LA
Procedure for applications for barrister practising certificate—Act, s 35
s 11 om A2014-17 amdt 1.96
Period for applying for renewal of local practising certificate—Act, s 43
s 12 am A2014-17 amdt 1.97
Suspending or cancelling local practising certificate—additional grounds—
Act, s 55 (2)
s 14 am A2008-37 amdt 1.295
Particulars for register of local practising certificates—Act, s 79 (2)
s 15 am A2014-17 amdt 1.98, amdt 1.99
Prescribed agency––Act, dict, def government agency, par (b)
s 16 hdg sub A2008-29 amdt 1.30
Determination of service fee, barrister practising certificate applications—
Act, s 84 (1) (b)
s 17 om A2014-17 amdt 1.100
Particulars for register of locally-registered foreign lawyers—Act, s 201
s 28 am A2014-17 amdt 1.101
Establishment of general trust account—Act, s 221 (2)
s 37 am A2014-17 amdt 1.102
Notification requirements for general trust accounts
s 50 (6)-(8) exp 1 October 2008 (s 50 (8))
am A2014-17 amdt 1.102
Amendment history 4
Withdrawing trust money for legal costs—Act, s 229 (1) (b)
s 62 am A2019-17 s 29
Statements about receipt or holding of trust money
s 65 am A2014-17 amdt 1.102
Law practice closing down, closing office or ceasing to receive or hold trust
money
s 79 am A2014-17 amdt 1.102
Disclosure of accounts used to hold money entrusted to legal practitioners—
Act, s 258 (1)
s 80 am A2014-17 amdt 1.102
Exemptions
s 81 am A2014-17 amdt 1.102
Professional indemnity insurance
pt 8 hdg om R10 LA
Professional indemnity insurance for insurable legal practitioners—Act,
s 311 (2) (c)
s 84 om A2014-17 amdt 1.103
Miscellaneous
pt 11 hdg om LA s 89 (3)
ins SL2008-13 s 4
om R4 LA
Modification of Act, ch 10—Act, s 618
s 90 om LA s 89 (3)
ins SL2008-13 s 4
exp 26 August 2008 (s 90 (2))
Legal Profession Regulation 2006, part 10
s 91 om LA s 89 (3)
Transitional
pt 20 hdg reloc from Legal Profession Regulation 2006 pt 10 hdg by
Application of section 15A—prescribed agency
s 100 reloc from Legal Profession Regulation 2006 s 36 by
Modification of Act, ch 10, s 605 (2)—Act, s 618
s 101 reloc from Legal Profession Regulation 2006 s 37 by
Modification of Act, ch 10, s 605 (3)—Act, s 618
s 102 reloc from Legal Profession Regulation 2006 s 38 by
Modification of Act, ch 10, s 606 (2)—Act, s 618
s 103 reloc from Legal Profession Regulation 2006 s 39 by
Modification of Act, ch 10, s 606 (3)—Act, s 618
s 104 reloc from Legal Profession Regulation 2006 s 40 by
Modification of Act, ch 10, s 607 (2)—Act, s 618
s 105 reloc from Legal Profession Regulation 2006 s 41 by
Modification of Act, ch 10, s 607 (3)—Act, s 618
s 106 reloc from Legal Profession Regulation 2006 s 42 by
Modification of Act, ch 10, s 608 (1)—Act, s 618
s 107 reloc from Legal Profession Regulation 2006 s 43 by
Modification of Act, ch 10, new section 612A —Act, s 618
s 108 reloc from Legal Profession Regulation 2006 s 44 by
Modification of Act, ch 10, new section 617A —Act, s 618
s 109 reloc from Legal Profession Regulation 2006 s 45 by
Expiry—pt 10
s 110 reloc from Legal Profession Regulation 2006 s 46 by
Modification of Act
sch 1 ins SL2008-13 s 5
exp 26 August 2008 (s 90 (2))
Amendment history 4
dict am A2008-29 amdt 1.31; A2011-28 amdt 3.147; A2014-17
amdt 1.104
def BSB number ins A2011-28 amt 3.148
def matter description ins A2011-28 amt 3.148
def matter reference ins A2011-28 amt 3.148
5 Earlier republications
5 Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to
the publication order.
Since 12 September 2001 every authorised republication has been published in
electronic pdf format on the ACT legislation register. A selection of authorised
republications have also been published in printed format. These republications are
marked with an asterisk (*) in column 1. Electronic and printed versions of an
authorised republication are identical.
No and date
Effective Last
amendment
made by
for
1 Oct 2007
1 Oct 2007–
2 Oct 2007
not amended new regulation
3 Oct 2007
3 Oct 2007–
31 Mar 2008
not amended commenced expiry
1 Apr 2008
1 Apr 2008–
25 Aug 2008
SL2008-13 amendments by
SL2008-13
26 Aug 2008
26 Aug 2008–
26 Aug 2008
A2008-29 commenced expiry
27 Aug 2008
27 Aug 2008–
1 Oct 2008
A2008-29 amendments by
A2008-29
2 Oct 2008
2 Oct 2008–
1 Feb 2009
A2008-37 commenced expiry
2 Feb 2009
2 Feb 2009–
20 Sept 2011
A2008-37 amendments by
A2008-37
21 Sept 2011
21 Sept 2011–
1 Oct 2012
A2011-28 amendments by
A2011-28
2 Oct 2012
2 Oct 2012–
A2011-28 expiry of provision
(s 10 (3)-(5))
R10*
12 June 2014–
A2014-17 amendments by
A2014-17
10 June 2015–
A2015-15 amendments by
A2015-15
Earlier republications 5
No and date
Effective Last
amendment
made by
for
21 June 2019–
13 Nov 2019
A2019-17 amendments by
A2019-17
14 Nov 2019
14 Nov 2019–
23 Aug 2022
A2019-42 amendments by
A2019-42