Northern Territory Numbered Acts

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LEGAL PROFESSION ACT 2006 (NO 38 OF 2006) - SECT 70

Conditions imposed by Law Society

    (1)     The Law Society may impose conditions on a local practising certificate:

    (a)     when it is granted or renewed; or

    (b)     during its currency.

    (2)     A condition imposed under this section must be reasonable and relevant.

    (3)     A condition imposed under this section may be about any of the following:

    (a)     requiring the holder of the practising certificate to undertake and complete:

        (i)     continuing legal education prescribed by the regulations; or

        (ii)     specific legal education or training; or

        (iii)     a period of supervised legal practice;

    (b)     restricting the areas of law practised;

    (c)     controlling, restricting or prohibiting the operation of a trust account;

    (d)     restricting the holder to particular conditions concerning employment or supervision;

    (e)     requiring the holder to undergo counselling or medical treatment or to act in accordance with medical advice given to the holder;

    (f)     requiring the holder to use the services of an accountant or other financial specialist in connection with the holder's practice;

    (g)     requiring the holder to provide the Society with evidence as to any outstanding tax obligations of the holder and as to provision made by the holder to satisfy any such outstanding obligations;

    (h)     a matter agreed to by the holder.

    (4)     Subsection (3) does not limit the matters about which a condition may be imposed under this section.

    (5)     The Society must not impose a condition requiring the holder to undertake and complete specific legal education or training unless:

    (a)     the Society is satisfied it is reasonable to require the education or training to be undertaken having regard to:

        (i)     the nature or currency of the holder's academic studies, legal training or legal experience; or

        (ii)     the holder's conduct; or

    (b)     the condition is one that is imposed generally on holders of local practising certificates or any class of holders of local practising certificates.

Note for subsection (5)(b)

A class of holders might comprise newly qualified lawyers or lawyers returning to legal practice after suspension or an extended break.

    (6)     The Society may vary or revoke conditions imposed under this section.

    (7)     If the Society imposes, varies or revokes a condition during the currency of the local practising certificate concerned, the imposition, variation or revocation takes effect when the holder has been notified of it or a later time specified by the Society.

    (8)     This section has effect subject to section 57 in relation to the imposition of a condition on a local practising certificate during its currency.



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