485Offences—referral fees

485 Offences—referral fees (1) A lawyer commits an offence if— (a) the lawyer, or an entity related to the lawyer, intentionally gives consideration to someone else; and (b) in return for the consideration, another person refers a person to the lawyer for the purpose of that person being represented by the lawyer in relation to an application for defined benefits or a motor accident claim; and (c) the lawyer is reckless about the matters mentioned in paragraph (b). (2) A lawyer commits an offence if— (a) the lawyer, or an entity related to the lawyer, intentionally receives consideration from someone else; and (b) the lawyer, or entity, receives the consideration in return for the lawyer referring a person represented by the lawyer in relation to a motor accident claim to a service provider; and (c) the service provider provides a service to the client in relation to the motor accident; and (d) the lawyer is reckless about the matters mentioned in paragraphs (b) and (c).

close associate, of a lawyer, means— (a) an employer of the lawyer (including, if the employer is a corporation, a director of the corporation); or (b) a partner, or a close relative of the partner, in a partnership in which the lawyer is also a partner; or (c) an employee or agent of the lawyer or of a person mentioned in paragraph (a) or (b). close relative, of a lawyer, means— (a) a domestic partner of the lawyer; or (b) a parent, grandparent, child or step-child of the lawyer; or (c) a sibling, half-sibling or step-sibling of the lawyer; or (d) an aunt, uncle, cousin, niece or nephew of the lawyer. consideration includes a fee or other financial benefit but does not include hospitality that is reasonable in the circumstances. related—an entity is related to a lawyer if the entity is— (a) a close relative of the lawyer; or (b) a close associate of the lawyer; or (c) owned or controlled by the lawyer or a close relative or close associate of the lawyer.