Australian Capital Territory Numbered Acts

LEGAL PRACTITIONERS (AMENDMENT) ACT 1993 (NO. 94 OF 1993) - SECT 24

24. Section 42 of the Principal Act is amended—

    (a)     by omitting subsection (1) and substituting the following subsection:

“(1) Where the Professional Conduct Board exercises a power under section 36 or subsection 36A (1) in respect of a solicitor or employee, the solicitor or employee or the Law Society may, within 21 days after the date on which the power was exercised, appeal to the Supreme Court from the decision of the Board.”;

    (b)     by omitting from subsection (1A) “make an order under subsection 36 (1A)” and substituting “exercise a power under section 36 or subsection 36A (1)”;

    (c)     by inserting after subsection (1A) the following subsection:

“(1B) Where the Professional Conduct Board refuses to exercise power under subsection 36A (2) on the application of the employee in respect of whom a direction under subsection 36A (1) is in force, that employee may, within 21 days after the date of the refusal, appeal to the Supreme Court from the decision of the Board.”; and

    (d)     by omitting subsection (3) and substituting the following subsection:

“(3) In an appeal under this section—

        (a)     if the appeal is brought by the solicitor or employee—the Law Society shall be the respondent; and

        (b)     if the appeal is brought by the Law Society—the solicitor or employee shall be the respondent.”.