Northern Territory Explanatory Statements Northern Territory Explanatory Statements[Index] [Search] [Download] [Bill] [Help]
This is a formal clause which provides for the citation of
the Bill. The Bill when passed may be cited as the
Legal Profession (Consequential Amendments) Act 2007.
Clause 2. Commencement
Clause 2 provides that section 10 (dealing with amendments to
section 22 of the Supreme Court Act) commences on a date to be fixed by the Administrator. All of the other provisions commence on assent.
Part 2 - Amendment of Companies (Trustees and Personal Representatives) Act
Clause 3. Act amended
This Part amends the Companies (Trustees and Personal Representatives) Act
Clause 4. Amendment of section 38
This clause amends the Companies (Trustees and Personal Representatives) Act so that various references to
legal practitioners and firms are repealed and replaced by the term
“law practice” as defined in the Legal Profession Act.
Part 3 - Amendment of Interpretation Act
Clause 5. Act amended
This Part amends the Interpretation Act.
Clause 6. Amendment of section 17
This clause amends the Interpretation Act so as to provide for definitions of “lawyer” and “legal practitioner” for use throughout the statute book.
A “lawyer” is a person admitted as a lawyer by a
Supreme Court of an Australian State or Territory.
A “legal practitioner” is a lawyer who has a practising certificate issued by the Law Society Northern Territory or by a regulatory body of an Australian State or Territory.
Part 4 - Amendment of Magistrates Act
Clause 7. Act amended
This Part amends the Magistrates Act.
Clause 8. Amendment of section 5
Clause 8 omits and replaces section 5. The purpose of the amendment is to make it clear that the basic qualification for appointment as a Magistrate is that of being a “lawyer” rather than being a
“legal practitioner”.
Part 5 - Amendment of Supreme Court Act
Clause 9. Act amended
This Part amends the Supreme Court Act.
Clause 10. Amendment of section 22
Clause 10 omits and replaces section 22. The purpose of the amendment is to provide that Rules of Court will determine which matters involving the legal profession must be heard by the Full Court of the Supreme Court. New section 22 also sets out the circumstances in which aspects of these matters may be referred to a single judge.
In the absence of any rules under section 22 the default position is set out in section 15(b) of the Supreme Court Act – which is that the jurisdiction will be exercised by a single judge.
Clause 11. Amendment of section 34
This clause amends section 32 of the Supreme Court Act so the use of the words “lawyer” and “legal practitioner” are consistent with the definitions of those words in the Interpretation Act.
Clause 12. Amendment of section 41A
This clause amends section 41A of the Supreme Court Act so the use of the words “lawyer” and “legal practitioner” are consistent with the definitions of those words in the Interpretation Act.
Clause 13. Amendment of section 41H
This clause amends section 41H of the Supreme Court Act so the use of the words “lawyer” and “legal practitioner” are consistent with the definitions of those words in the Interpretation Act.
Clause 14. Amendment of section 48
This clause amends section 48 of the Supreme Court Act so the use of the words “legal practitioner” is consistent with the definition of that word in the Interpretation Act.
Clause 15. Amendment of section 75
This clause amends section 75 of the Supreme Court Act by removing the words “having a right to practise in the Court”. These words are now unnecessary because all persons who are “legal practitioners” have such a right of practise.
Part 6 - Amendment of other laws
Clause 16. Amendment of other laws
This clause provides for a schedule of amendments to Acts and subordinate legislation.
Part 7 - Expiry of Act
Clause 17. Expiry of Act
This clause provides that the Act expires a day after its provisions take effect.
SCHEDULE
Part 1 of the Schedule amends the following Acts:
1) Administration and Probate Act;
2) Adoption of Children Act;
3) Agents Licensing Act;
4) Associations Act;
5) Australian Crime Commission (Northern Territory) Act;
6) Building Act;
7) Business Tenancies (Fair Dealings) Act;
8) Classification of Publications, Films and Computer Games Act;
9) Commercial Arbitration Act;
10) Co-operatives Act;
11) Criminal Code;
12) Crown Proceedings Act;
13) Director of Public Prosecutions Act;
14) First Home Owner Grant Act;
15) Gaming Machine Act;
16) Health and Community Services Complaints Act;
17) Health Practitioners Act;
18) Inquiries Act;
19) Juries Act;
20) Justices Act;
21) Land Title Act;
22) Law Officers Act;
23) Law of Property Act;
24) Legal Aid Act;
25) Licensed Surveyors Act;
26) Local Government Act;
27) Marine Act;
28) Meat Industries Act;
29) Mining Act;
30) Northern Territory Licensing Commission Act;
31) Oaths Act;
32) Pastoral Land Act;
33) Police Administration Act;
34) Prisons (Correctional Services) Act;
35) Public Sector Employment and Management Act;
36) Racing and Betting Act;
37) Residential Tenancies Act;
38) Sale of Goods (Vienna Convention) Act;
39) Teacher Registration (Northern Territory) Act;
40) Terrorism (Emergency Powers) Act;
41) Totalisator Licensing and Regulation Act;
42) Trustee Act;
43) Valuation of Land Act; and
44) Wills Act.
Part 2 of the Schedule amends the following subordinate legislation:
1) Adoption of Children Regulations;
2) Agents Licensing Regulations;
3) Bail Regulations;
4) Charles Darwin University (Student Conduct) By-laws;
5) Coroners Regulations;
6) Local Court Rules;
7) Mining Regulations;
8) Motor Accidents (Compensation) Appeal Tribunal Rules;
9) Sheriff Regulations;
10) Small Claims Rules;
11) Supreme Court Rules;
12) Totalisator Licensing and Regulation (Arbitration) Regulations; and
13) Unit Titles Regulations.
The main effect of the amendments in the schedule is to provide appropriate cross references to the name of the Legal Profession Act, lawyers, legal practitioners, counsel and solicitors.