Northern Territory Explanatory Statements

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LEGAL PRACTITIONERS AMENDMENT BILL 2005

2005

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR JUSTICE AND ATTORNEY-GENERAL

LEGAL PRACTITIONERS AMENDMENT BILL 2005

SERIAL NO. 279

EXPLANATORY STATEMENT


GENERAL OUTLINE

The Corporations Act 2001 of the Commonwealth, read with the Corporations Agreement 2002 (between the Commonwealth, the States and the Northern Territory, permits the Northern Territory and the States to enact laws that are inconsistent with the Corporations Act 2001.

More specifically, section 5F of the Corporations Act 2001 operates so that if a Territory law declares a matter to be an “excluded matter” none of the corporations legislation provisions specified as being excluded apply in respect of that matter.

The purpose of the Bill is to dis-apply the
Corporations Act 2001 regarding various bodies established by the Legal Practitioners Act and associated legislation and the activities of those bodies,
the members of some of the bodies and the employers of those bodies in relation to the activities of those bodies.

The bodies affected by the Bill are the
Legal Practitioners’ Trust Committee, the
Legal Practitioners’ Fidelity Fund Committee, the
Legal Practitioners’ Fidelity Fund, the Law Society Northern Territory and the Public Purposes Trust Fund established by the Law Society Public Purposes Trust Act.

The dis-applied provisions are:

(a) those contained in Chapter 7 of the (b) any other provisions, as specified in the Regulations that may relate to the statutory bodies or their statutory functions.



NOTES ON CLAUSES


Clause 1. Short Title

The name of the Bill is “Legal Practitioners Amendment Act 2005”.

Clause 2. Principal Act

The Bill amends the Legal Practitioners Act.

Clause 3. New section 6B

Clause 3 provides for new section 6B to be inserted into the Legal Practitioners Act.

6B. Excluded matter for Corporations Act 2001

Clause 6B(2) excludes certain bodies (as identified in clause 6B(1)), their employees and the members of some of the bodies from the operation of certain provisions of the Commonwealth’s Corporations Act 2001.

The excluded provisions are Chapter 7 (which deals with the licensing of the providers of financial services) and such other provisions as may be specified in regulations made under the Legal Practitioners Act.

 

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