Legal Profession Act 1987 No 109
Repealed version for 15 August 2005 to 30 September 2005 (accessed 23 May 2013 at 11:01)
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(c) (Repealed)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(i) (Repealed)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.