Legal Profession Act 1987 No 109
Repealed version for 15 August 2005 to 30 September 2005 (accessed 23 November 2014 at 15:37)
Part 12Section 216

216   Regulations

(1)  The Governor may, on the recommendation of the Attorney General, make regulations not inconsistent with this Act for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2)  Before recommending the making of a regulation, the Attorney General shall, unless the circumstances are exceptional, give the Bar Council, the Law Society Council and the Advisory Council an opportunity to express, within a time specified by the Attorney General, their views on the proposed regulation.
(3)  Without limiting the generality of subsection (1), the Governor may make regulations for or with respect to:
(a)  practising certificates, including the provision of information by an applicant for a practising certificate and the refund of the whole or a part of fees paid for practising certificates,
(b)  matters for or with respect to which barristers rules, solicitors rules or joint rules have been or may be made,
(c)  (Repealed)
(d)  the practice, conduct and discipline of legal practitioners and interstate legal practitioners,
(d1)  disclosures as to costs, costs agreements, bills of costs and assessment of costs under Part 11,
(e)  matters of which the Bar Council is to be notified by a barrister or of which the Law Society Council is to be notified by a solicitor,
(f)  the accounts to be kept by a solicitor in the course of practising as a solicitor, the operation of a trust account kept under Part 6 and the authorisation of a person to operate on such a trust account,
(g)  the deposit with the Law Society of money in a trust account,
(h)  information to be provided to a Council by a barrister or solicitor (or former barrister or solicitor) about indemnity insurance,
(i)  (Repealed)
(j)  the functions and fees of a trust account inspector or an investigator appointed under section 55 and the duties of the solicitor whose accounts are being inspected or whose affairs are being investigated,
(k)  the practice, conduct and discipline of locally registered foreign lawyers,
(l)  the accounts (if any) to be kept by a locally registered foreign lawyer in the course of practising as a locally registered foreign lawyer, the operation of any trust account required to be kept by the locally registered foreign lawyer and the authorisation of a person to operate such a trust account.
(4)  A regulation for or with respect to any matter may make provision for or with respect to the matter by the application, adoption or incorporation, with or without modification, of a publication of the Bar Council or the Law Society Council.
(5)  A regulation may impose a penalty not exceeding 10 penalty units for a breach of the regulation.
(6)  A provision of a regulation may:
(a)  apply generally or be limited in its application by reference to specified exceptions or factors,
(b)  apply differently according to different factors of a specified kind, or
(c)  authorise any matter or thing to be from time to time determined, applied or regulated by a specified person or body,
or may do any combination of those things.
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