Legal Profession Amendment Act 2018


Tasmanian Crest
Legal Profession Amendment Act 2018

An Act to amend the Legal Profession Act 2007

[Royal Assent 16 November 2018]

Be it enacted by Her 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:

1.   Short title

This Act may be cited as the Legal Profession Amendment Act 2018 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the Legal Profession Act 2007 is referred to as the Principal Act.

4.    Section 458 amended (Application against determinations)

Section 458 of the Principal Act is amended by inserting after subsection (3) the following subsections:
(4)  The Supreme Court may determine its own practice and procedure for determining an application made to it under this section.
(5)  The Tribunal may determine an application, made to it under this section, in accordance with Part 4.7 , other than sections 464 , 466(7)(b) , 467(5)(b) and 468 , as if the application were an application made under Division 2 of that Part .
(6)  For the avoidance of doubt –
(a) an application made under this section, that was made before the commencement of the Legal Profession Amendment Act 2018 , is taken to have been validly made if the application was accepted by the Tribunal or Court to which it was made; and
(b) the determination of an application under this section by the Tribunal, before the commencement of the Legal Profession Amendment Act 2018 , is not invalid solely on the grounds that the application was determined in accordance with Part 4.7 .

5.   Repeal of Act

This Act is repealed on the three hundred and sixty fifth day from the day on which it commences.

[Second reading presentation speech made in:

House of Assembly on 26 SEPTEMBER 2018

Legislative Council on 31 OCTOBER 2018]