106Law practice without principal

106 Law practice without principal

106 Law practice without principal

(1) A law practice to which this Division applies contravenes this section if it does not have any authorised principals for a period exceeding 7 days.

Civil penalty: 50 penalty units.

(2) If a law practice to which this Division applies ceases to have any authorised principals, the law practice must notify the designated local regulatory authority of that fact within 7 days.

Civil penalty: 50 penalty units.

(3) A law practice to which this Division applies must not provide legal services in this jurisdiction during any period it is non-compliant with relevant requirements under this section.

Penalty: 250 penalty units.

(4) A law practice to which this Division applies that contravenes subsection (1) is taken to be non-compliant with relevant requirements under this section for the period from the end of the period of 7 days until it has at least one authorised principal.

(5) The designated local regulatory authority may, if it thinks it appropriate, appoint an Australian legal practitioner who is an employee of the law practice or another person nominated by the designated local regulatory authority, in the absence of an authorised principal, to exercise the responsibilities of a principal under this Law.

Note

Section 34 provides for the responsibilities of each principal of a law practice.

(6) An Australian legal practitioner is not eligible to be appointed under this section unless the practitioner is an authorised principal.

(7) The appointment under this section of a person to exercise functions of an authorised principal does not, for any other purpose, confer or impose on the person any of the other functions of a principal of the law practice.

(8) A law practice does not contravene subsection (1) during any period during which a person holds an appointment under this section in relation to the law practice.