Legal Profession Act 2004 No 112
Current version for 4 July 2014 to date (accessed 26 January 2015 at 03:18)

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 apply.
(2)  (Repealed)

712   Legal profession rules inconsistent with Act or regulations

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 it.
(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 Council.
(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).

715   (Repealed)

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, if:
(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 interest.
(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 of rules.
(3)  A declaration is effective to render the rule or the part of the rule inoperative.
(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 order.

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.
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