Division 4 General provisions
711 Binding nature of legal profession rules
(1) Legal profession rules are binding on Australian legal
practitioners and Australian-registered foreign lawyers to whom they
712 Legal profession rules inconsistent with Act or
Legal profession rules do not have effect to the extent that they
are inconsistent with this Act or the regulations.
713 Availability of rules
The Councils must ensure that the legal profession rules are
available for public inspection (including on their internet sites, if any, or
on any other specified internet site) and that amendments are incorporated as
soon as possible.
714 Review of rules requested by Commissioner
(1) The Commissioner may, at any time, request a Council to review any
legal profession rule (including any joint rule) made by
(2) If a Council is requested to review a rule under this section, the
Council must furnish a report on the review to the Commissioner within 28 days
after the request or within such further period as is agreed on by the
Commissioner and the Council.
(3) After receiving a report under this section, the Commissioner must
give a report to the Attorney General about the request for the review and may
include in the report submissions about the rule and a recommendation that the
rule be declared inoperative.
(4) Any such report by the Commissioner must include a copy of the
report on the review of the rule concerned provided by the relevant
(5) The Attorney General may make public any report by the
Commissioner under this section (including, if the Attorney General thinks
fit, a copy of the relevant review).
716 Rules may be declared inoperative
(1) The Attorney General may, by order published in the Gazette,
declare any legal profession rule, or part of any such rule, inoperative,
(a) the Commissioner has reported to the Attorney General that the
rule is not in the public interest, or
(b) the Attorney General is of the opinion that the rule imposes
restrictive or anti-competitive practices that are not in the public interest
or the rule is not otherwise in the public
(2) A rule or part of a rule may be declared inoperative even though
it deals with a matter for which this Act specifically authorises the making
(3) A declaration is effective to render the rule or the part of the
(4) A declaration takes effect on the date of the publication of the
order in the Gazette or on a later date specified in the
717 Other provisions as to rules
Sections 42, 43 and 45 of the Interpretation Act 1987 apply to
legal profession rules in the same way as they apply to statutory rules within
the meaning of that Act.
Note. The above provisions of the Interpretation Act 1987 relate to
standard provisions authorising the adoption of other publications by
reference, the making of differential rules, the amendment or repeal of rules
and presumptions as to validity for rules.