Queensland Consolidated Acts

LEGAL PROFESSION ACT 2007 - SCHEDULE 2

SCHEDULE 2 – Dictionary

"accounting and other records" , for part 9.11 , see section 753 .

"ADI" means an authorised deposit-taking institution within the meaning of the Banking Act 1959 (Cwlth) .

"administration rules" see section 231 (4) .

"admission rules" see section 29 .

"admission to the legal profession" means admission by a Supreme Court as—

(a) a lawyer; or

(b) a legal practitioner; or

(c) a barrister; or

(d) a solicitor; or

(e) a barrister and solicitor; or

(f) a solicitor and barrister;

(a) all accounts and records required under a relevant law to be kept by the practice or an associate or former associate of the practice;

(b) other records of the practice or an associate or former associate of the practice;

(c) any transaction—

(i) to which the practice or an associate or former associate of the practice was or is a party; or

(ii) in which the practice or an associate or former associate of the practice has acted for a party.

(a) in relation to a practising certificate—

(i) impose a condition on the certificate; and

(ii) amend or revoke a condition already imposed on the certificate; and

(b) in relation to registration as a foreign lawyer—

(i) amend the lawyer’s registration certificate; and

(ii) impose a condition on the registration; and

(iii) amend or revoke a condition already imposed on the registration.

(a) for part 7.3 —see section 620 ; and

(b) for part 7.5 —see section 658 ; and

(c) otherwise means—

(i) a local legal practitioner who holds a current local practising certificate to practise as or in the manner of a barrister; or

(ii) an interstate legal practitioner who holds a current interstate practising certificate that entitles the practitioner to practise only as or in the manner of a barrister.

(a) for a current local practising certificate or current interstate practising certificate—the person who is named in the certificate as the person to whom the certificate has been granted or in relation to whom the certificate has been renewed; or

(b) for a practising certificate that is cancelled—the person who was the holder of the certificate when it was current.

(a) chapter 2 , part 1 , division 1AA ;

(b) section 9B , 9C or 13A ;

(c) chapter 2 , part 4 ;

(d) chapter 3 , parts 2 and 2A .

(a) for part 3.4 , division 7 —see section 334 ; or

(b) otherwise—includes a person to whom or for whom legal services are provided.

(a) an organisation that—

(i) holds itself out as—

(A) a community legal service; or

(B) a community legal centre; or

(C) an Aboriginal and Torres Strait Islander Legal Service; or

(D) a family violence prevention legal service; and

(ii) is established and operated on a not-for-profit basis; and

(iii) provides legal services that—

(A) are directed generally to people who are disadvantaged (including being financially disadvantaged) in accessing the legal system or in protecting their legal rights; or

(B) are conducted in the public interest; and

(iv) satisfies any other criteria prescribed under a regulation; or

(b) an organisation prescribed under a regulation as a community legal service.

(a) for part 4.5 —a complaint made under section 429 other than a complaint under that section about the conduct of an unlawful operator; or

(b) otherwise—a complaint made under section 429 .

(a) a person or body having functions or powers under a corresponding law; or

(b) when used in the context of a person or body having functions or powers under this Act (the
"local authority" )—

(i) a person or body with corresponding functions or powers under a corresponding law; and

(ii) without limiting subparagraph (i) , if the functions or powers of the local authority relate to local lawyers or local legal practitioners generally or are limited to any particular class of local lawyers or local legal practitioners—a person or body having corresponding functions or powers under a corresponding law regardless of whether they relate to interstate lawyers or interstate legal practitioners generally or are limited to any particular class of interstate lawyers or interstate legal practitioners.

(a) a court or tribunal having functions or powers under a corresponding law, that correspond to any of the functions and powers of a disciplinary body under this Act; or

(b) the Supreme Court of another jurisdiction exercising—

(i) its inherent jurisdiction or powers in relation to the control and discipline of any Australian lawyers; or

(ii) its jurisdiction or powers to make orders under a corresponding law of the other jurisdiction in relation to any Australian lawyers.

(a) a law of a foreign country that corresponds to the relevant provisions of this Act or, if a regulation is made declaring a law of the foreign country to be a law that corresponds to this Act, the law declared under that regulation for the foreign country;

(b) if the term is used in relation to a matter that happened before the commencement of the law of a foreign country that, under paragraph (a) , is the corresponding law for the foreign country, a previous law applying to legal practice in the foreign country.

(a) a law of another jurisdiction that corresponds to the relevant provisions of this Act or, if a regulation is made declaring a law of the other jurisdiction to be a law that corresponds to this Act, the law declared under that regulation for the other jurisdiction;

(b) if the term is used in relation to a matter that happened before the commencement of the law of another jurisdiction that, under paragraph (a) , is the corresponding law for the jurisdiction, a previous law applying to legal practice in the other jurisdiction.

(a) the tribunal;

(b) the committee, other than the committee exercising advisory functions as mentioned in part 7.3 , division 4 .

(a) a person whose name has, whether or not at his or her own request, been removed from an Australian roll and who has not subsequently been admitted or re-admitted to the legal profession under this Act, a previous Act or a corresponding law;

(b) a person whose Australian practising certificate has been suspended or cancelled under this Act or a corresponding law and who, because of the cancellation, is not an Australian legal practitioner or in relation to whom that suspension has not finished;

(c) a person who has been refused a renewal of an Australian practising certificate under this Act or a corresponding law, and to whom an Australian practising certificate has not been granted at a later time;

(d) a person who is the subject of an order under this Act or a corresponding law prohibiting a law practice from employing or paying the person in connection with the relevant practice;

(e) a person who is the subject of an order under this Act or a corresponding law prohibiting an Australian legal practitioner from being a partner of the person in a business that includes the practitioner’s practice;

(f) a person who is the subject of an order under section 133 or 158 , or under provisions of a corresponding law that correspond to section 133 or 158 .

(a) anything on which there is writing; and

(b) anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; and

(c) anything from which sounds, images or writings can be reproduced with or without the aid of anything else; and

(d) a map, plan, drawing or photograph;

(e) any part of the document; and

(f) any copy, reproduction or duplicate of the document or of any part of the document; and

(g) any part of a copy, reproduction or duplicate mentioned in paragraph (f) .

Example of a document—

register

(a) the person works full-time, part-time, or on a temporary or casual basis; or

(b) the person is a law clerk or article clerk.

(a) a country other than Australia; or

(b) a state, province or other part of a country other than Australia.

(a) for part 2.8 —the law of a foreign country;

(b) otherwise—a law of a foreign country that corresponds to the relevant provisions of this Act, and includes a law of a foreign country that is declared under a regulation to correspond to this Act.

(a) removal of a person’s name from a foreign roll for disciplinary reasons; or

(b) suspension or cancellation of, or refusal to renew, a person’s right to engage in legal practice in a foreign country.

(a) the commissioner; or

(b) the law society; or

(c) the commissioner and the law society acting jointly under an arrangement made between the commissioner and law society.

(a) a person who is an undischarged bankrupt within the meaning of the Bankruptcy Act 1966 (Cwlth) or the corresponding provisions of the law of a foreign country or external territory; or

(b) a person who has executed a deed of arrangement under the Bankruptcy Act 1966 (Cwlth) , part X , or the corresponding provisions of the law of a foreign country or external territory, if the terms of the deed have not been fully complied with; or

(c) a person whose creditors have accepted a composition under the Bankruptcy Act 1966 (Cwlth) , part X , or the corresponding provisions of the law of a foreign country or external territory, if a final payment has not been made under that composition; or

(d) a person for whom a debt agreement has been made under the Bankruptcy Act 1966 (Cwlth) , part IX , or the corresponding provisions of the law of a foreign country or external territory, if the debt agreement has not ended or has not been terminated; or

(e) a person who has executed a personal insolvency agreement under the Bankruptcy Act 1966 (Cwlth) , part X , or the corresponding provisions of the law of a foreign country or external territory, but not if the agreement has been set aside or terminated or all of the obligations that the agreement created have been discharged.

(a) for chapter 4 —an investigation matter under section 435 other than an investigation matter under that section about the conduct of an unlawful operator; or

(b) otherwise—an investigation matter under section 435 .

(a) Australian legal practitioners; or

(b) 1 or more Australian legal practitioners and 1 or more Australian-registered foreign lawyers.

(a) an Australian legal practitioner who is a sole practitioner; or

(b) a law firm; or

(c) an incorporated legal practice; or

(d) a multi-disciplinary partnership.

(a) generally—see section 7 (3) ; and

(b) for section 26 —see section 26 (7) .

(a) any instrument of a kind that is prescribed under a regulation as a mortgage; and

(b) a proposed mortgage.

(a) acting as an intermediary to match a prospective lender and borrower; or

(b) arranging a loan; or

(c) receiving or dealing with payments under the loan;

(a) legal training by participation in course work;

(b) legal training under the supervision of an Australian lawyer, whether involving articles of clerkship or otherwise.

(a) in relation to admission, the following as in force from time to time—

(i) the Legal Profession Act 2004 ;

(ii) the Legal Practitioners Act 1995 ;

(iii) the previous admission rules; or

(b) otherwise—the Legal Profession Act 2004 or Legal Practitioners Act 1995 , as in force from time to time.

Note—

See, for example, the following—

(a) the repealed Barristers’ Admission Rules 1975 and the rules repealed by those rules;

(b) the repealed Solicitors’ Admission Rules 1968 and the rules repealed by those rules.

(a) done for the public good; and

(b) without charge or at a reduced cost.

(a) for dealing with a complaint about conduct that happened before 1 July 2004—see chapter 9 ; or

(b) otherwise—see section 419 .

(a) a member of CPA Australia Ltd ACN 008 392 452 who is entitled to use the letters ‘CPA’ or ‘FCPA’; or

(b) a member of Chartered Accountants Australia and New Zealand ARBN 084 642 571 who is entitled to use the letters ‘CA’ or ‘FCA’; or

(c) a member of the Institute of Public Accountants Ltd ACN 004 130 643 who is entitled to use the words ‘MIPA’ or ‘FIPA’.

(a) in relation to this jurisdiction—the law society or the bar association; or

(b) in relation to another jurisdiction—

(i) if there is only 1 regulatory authority for the other jurisdiction—that regulatory authority, unless subparagraph (iii) applies; or

(ii) if there are separate regulatory authorities for the other jurisdiction for different branches of the legal profession or for persons who practise in a particular style of legal practice—the regulatory authority relevant to the branch or style concerned, unless subparagraph (iii) applies; or

(iii) if a regulation states, or provides for deciding, 1 or more regulatory authorities for the other jurisdiction either generally or for particular purposes—the regulatory authority or authorities stated, or decided, under the regulation.

(a) in relation to a company within the meaning of the Corporations Act —a related body corporate within the meaning of section 50 of that Act; or

(b) in relation to another body corporate prescribed by regulation for this definition—a person prescribed by regulation to be a related body corporate.

(a) this Act; or

(b) a previous Act; or

(c) the Queensland Law Society Act 1952 as in force at any time before the commencement of this paragraph; or

(d) the Trust Accounts Act 1973 as in force at any time before the commencement of this paragraph; or

(e) the Personal Injuries Proceedings Act 2002 , chapter 3 , part 1 , as in force at any time before or after the commencement of this paragraph; or

(f) the Personal Injuries Proceedings Act 2002 , section 71 (1) or (2) , 71B or 71G (2) ; or

(g) the Motor Accident Insurance Act 1994 , section 74 (1) or (2) or 75 ; or

(h) the Workers’ Compensation and Rehabilitation Act 2003 , section 325R (1) or (2) or 325T .

(a) if the person in relation to whom the expression is used practises, or intends to practise, only as a barrister—the bar association; or

(b) otherwise—the law society.

(a) an indictable offence against a law of the Commonwealth or any jurisdiction, whether or not the offence is or may be dealt with summarily; or

(b) an offence against a law of another jurisdiction that would be an indictable offence against a law of this jurisdiction if committed in this jurisdiction, whether or not the offence could be dealt with summarily if committed in this jurisdiction; or

(c) an offence against a law of a foreign country that would be an indictable offence against a law of the Commonwealth or this jurisdiction if committed in this jurisdiction, whether or not the offence could be dealt with summarily if committed in this jurisdiction.

(a) his or her becoming bankrupt or being served with notice of a creditor’s petition presented to the Court under the Bankruptcy Act 1966 (Cwlth) , section 43 ; or

(b) his or her presentation, as a debtor, of a declaration to the Official Receiver under the Bankruptcy Act 1966 (Cwlth) , section 54A , of his or her intention to present a debtor’s petition or his or her presentation, as a debtor, of a petition under section 55 of that Act; or

(c) his or her applying to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounding with his or her creditors or making an assignment of his or her remuneration for their benefit; or

(d) the person being a legal practitioner director of an incorporated legal practice that becomes a chapter 5 body corporate; or

(e) the person being a director of a corporation that becomes a chapter 5 body corporate; or

(f) his or her conviction for a serious offence or a tax offence, whether or not—

(i) the offence was committed in or outside this jurisdiction; or

(ii) the offence was committed while the person was engaging in legal practice as an Australian legal practitioner or was practising foreign law as an Australian-registered foreign lawyer; or

(iii) other persons are prohibited from disclosing the identity of the offender.

(a) for part 7.3 —see section 620 ; and

(b) for part 7.5 —see section 658 ; and

(c) otherwise means—

(i) a local legal practitioner who holds a current local practising certificate to practise as a solicitor; or

(ii) an interstate legal practitioner who holds a current interstate practising certificate that does not restrict the practitioner to engaging in legal practice only as or in the manner of a barrister.

(a) as an employee of a law practice if—

(i) at least 1 partner, legal practitioner director or other employee of the law practice is an Australian legal practitioner who holds an unrestricted practising certificate; and

(ii) the person engages in legal practice under the supervision of an Australian legal practitioner mentioned in subparagraph (i) ; or

(b) as a partner in a law firm if—

(i) at least 1 other partner is an Australian legal practitioner who holds an unrestricted practising certificate; and

(ii) the person engages in legal practice under the supervision of an Australian legal practitioner mentioned in subparagraph (i) ; or

(c) in a capacity approved under administration rules.

(a) a person who engages in legal practice in this jurisdiction even though the person must not do so under section 24 ; or

(b) a person who represents or advertises that the person is entitled to engage in legal practice even though the person must not do so under section 25 .

(a) for dealing with a complaint about conduct that happened before 1 July 2004—see chapter 9 ; or

(b) otherwise—see section 418 .