142   Incorporated legal practice without legal practitioner director

(1)  An incorporated legal practice contravenes this subsection if it does not have any legal practitioner directors for a period exceeding 7 days.

Maximum penalty: 500 penalty units.

(2)  If an incorporated legal practice ceases to have any legal practitioner directors, the incorporated legal practice must notify the Law Society as soon as possible.

Maximum penalty: 500 penalty units.

(3)  An incorporated legal practice must not provide legal services in this jurisdiction during any period it is in default of director requirements under this section.

Maximum penalty: 100 penalty units.

(4)  An incorporated legal practice that contravenes subsection (1) is taken to be in default of director requirements under this section for the period from the end of the period of 7 days until:

(a)  it has at least one legal practitioner director, or

(b)  a person is appointed under this section or a corresponding law in relation to the practice.

(5)  The Law Society Council may, if it thinks it appropriate, appoint an Australian legal practitioner who is an employee of the incorporated legal practice or another person nominated by the Council, in the absence of a legal practitioner director, to exercise the functions conferred or imposed on a legal practitioner director under this Part.

(6)  An Australian legal practitioner is not eligible to be appointed under this section unless the practitioner holds an unrestricted practising certificate.

(7)  The appointment under this section of a person to exercise the functions of a legal practitioner director does not, for any other purpose, confer or impose on the person any of the other functions or duties of a director of the incorporated legal practice.

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

(9)  A reference in this section to a legal practitioner director does not include a reference to a person who is not validly appointed as a director, but this subsection does not affect the meaning of the expression “legal practitioner director” in other provisions of this Act.