Legal Profession (Apprentice at Law) Amendment Act 1999
An Act to amend the Legal Profession Act 1993
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
This Act may be cited as the Legal Profession (Apprentice at Law) Amendment Act 1999 .
(1) Sections 1 , 3 and 5 and this section commence on the day on which this Act receives the Royal Assent.(2) The remaining provisions of this Act commence on a day to be proclaimed.
In this Act, the Legal Profession Act 1993 is referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended by omitting the definition of apprentice-at-law .
5. Section 12 amended (Power of Council to make by-laws)
Section 12(1) of the Principal Act is amended by inserting after paragraph (n) the following paragraph:(na) a levy payable by legal practitioners holding practising certificates;
6. Section 22 amended (Rules of Board)
Section 22(2)(d) of the Principal Act is amended by omitting "articles of apprenticeship and".
7. Section 23 amended (Admission as legal practitioners)
Section 23 of the Principal Act is amended by omitting paragraph (d) .
8. Part 6: Heading amended
Part 6 of the Principal Act is amended by omitting "APPRENTICES-AT-LAW AND" from the heading to that Part.
9. Section 37 repealed
Section 37 of the Principal Act is repealed.
10. Section 38 amended (Articles of clerkship)
Section 38(1)(a) of the Principal Act is amended by omitting subparagraph (ii) .
11. Section 40 amended (Appeals)
Section 40(1)(a) of the Principal Act is amended by omitting " section 37 (1) or 38 (1) " and substituting " section 38(1) ".
12. Section 41 amended (Lodgement of articles)
Section 41 of the Principal Act is amended as follows:(a) by omitting from paragraph (a)(i) "the articles of apprenticeship or";(b) by omitting from paragraph (a)(ii) " section 37 (2) or 38 (2) " and substituting " section 38(2) ";(c) by omitting paragraph (a) from subsection (2) .
13. Section 42 amended (Articles to be in approved form)
Section 42 of the Principal Act is amended by omitting "of apprenticeship and articles".
14. Section 43 amended (Assignment of articles)
Section 43 of the Principal Act is amended by omitting "of apprenticeship and articles".
15. Section 46 amended (Limited right of audience)
Section 46 of the Principal Act is amended as follows:(a) by omitting from subsection (3) "apprenticed or";(b) by omitting from subsection (5)(a) "the articles of apprenticeship or".
16. Section 49 amended (Employment in other State or Territory)
Section 49 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "articles of apprenticeship, articles of clerkship or similar articles or apprenticeship" and substituting "articles of clerkship or similar articles";(b) by omitting subsection (2) .
17. Section 90 amended (Power to remove name from roll)
Section 90(b) of the Principal Act is amended by omitting "an apprentice-at-law or".
18. Section 91 amended (Power to suspend from practice)
Section 91 of the Principal Act is amended by omitting "an apprentice-at-law or".
19. Schedule 3 amended (Oath for Barristers and Legal Practitioners)
Schedule 3 to the Principal Act is amended by omitting from the heading to Part 2 "APPRENTICES AND".
20. Schedule 8 amended (Savings and transitional provisions)
Clause 4 of Schedule 8 to the Principal Act is amended by omitting subclause (2) .
Each of the provisions of the Principal Act specified in Column 1 of Schedule 1 is amended by omitting "articles of apprenticeship or" on the number of occurrences specified in Column 2 of that Schedule .
SCHEDULE 1 - Omissions
Column 1 Provision amended | Column 2 Number of occurrences | 1 | 1 | 1 | first only | 1 | 2 | 1 | 1 | 1 | 1 | 1 | 1 | 1 |
[Second reading presentation speech made in:
House of Assembly on 20 APRIL 1999
Legislative Council on 28 APRIL 1999]