Northern Territory Consolidated Acts

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LEGAL PROFESSION ACT 2006 - SECT 441

Conduct of mortgage practices

    (1)     A legal practitioner must not, in the practitioner's capacity as legal practitioner for a lender or contributor, negotiate the making of or act in relation to a regulated mortgage unless:

        (a)     the mortgage is a Territory regulated mortgage; or

        (b)     the mortgage is a run-out mortgage; or

        (c)     the mortgage forms part of a managed investment scheme operated by a responsible entity.

    (2)     A legal practitioner must not, in the practitioner's capacity as legal practitioner for a lender or contributor, negotiate the making of or act in relation to a regulated mortgage except under:

        (a)     the Corporations Act, or that Act as modified by any ASIC exemption or the regulations under that Act; and

        (b)     this Act.

    (3)     A legal practitioner must not, in the practitioner's capacity as legal practitioner for a lender or contributor, negotiate the making of or act in relation to a regulated mortgage that forms part of a managed investment scheme unless the legal practitioner complies with any ASIC exemption that applies to managed investment schemes that:

        (a)     have more than 20 members; and

        (b)     are operated under the supervision of the Law Society under that exemption.

    (4)     Subsection (3) applies even if the regulated mortgage forms part of a managed investment scheme that has no more than 20 members.

    (5)     Subsection (3) does not apply if the managed investment scheme is operated by a responsible entity.

    (6)     A legal practitioner who knows an associate has contravened a requirement mentioned in subsection (1), (2) or (3) must give written notice to the Society of that fact within 21 days after becoming aware of the contravention.



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