Queensland Numbered Acts

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LEGAL PROFESSION ACT 2007 No. 24 - SECT 24

24 Prohibition on engaging in legal practice when not entitled

(1) A person must not engage in legal practice in this jurisdiction unless the person is an Australian legal practitioner.

Maximum penalty--300 penalty units or 2 years imprisonment.

(2) Subsection (1) does not apply to engaging in legal practice of the following kinds--

(a) legal practice engaged in under the authority of a law of this jurisdiction or the Commonwealth;
(b) legal practice engaged in by an incorporated legal practice under part 2.7;2
(c) the practice of foreign law by an Australian-registered foreign lawyer under part 2.8;3
(d) work performed by a trustee company, or a person employed by a trustee company, in the course of--
(i) preparing a will; or
(ii) carrying out any other activities involving the administration of trusts, the estate of a living or deceased person or the affairs of a living person;
(e) work performed by a PAMDA licensee, or by an employee of a PAMDA licensee, if the licensee or employee only fills in details in a preprinted contract or other document as part of performing the work of a PAMDA licensee and does not give advice about the contract or other document or the details that are filled in;
(f) legal practice prescribed under a regulation.

(3) Also, subsection (1) does not apply to an Australian lawyer if the lawyer--

(a) has applied under section 49 to the law society for a local practising certificate and has not been given a notice that the law society has refused to grant the application, or refused to consider the application, as mentioned in section 51; and
(b) is employed in or by a law practice and the lawyer has informed the law practice that he or she has applied for, but not yet been granted, a local practising certificate by the law society.

(4) A person is not entitled to recover any amount in relation to anything the person did in contravention of subsection (1).

(5) A person may recover from someone else (the other person), as a debt due to the person, any amount the person paid to the other person for anything the other person did in contravention of subsection (1).

(6) A regulation may make provision about the application, with or without stated changes, of provisions of this Act to persons engaged in legal practice of a kind mentioned in subsection (2) other than paragraphs (a) and (b).

(7) In this section--

filling in, in relation to a contract or other document, if the contract or other document is available in electronic form, includes inserting information in the electronic form and printing the contract or other document.

PAMDA licensee means the holder of any of the following licences within the meaning of the Property Agents and Motor Dealers Act 2000--

(a) auctioneer's licence;
(b) motor dealer's licence;
(c) pastoral house director's licence;
(d) pastoral house licence;
(e) real estate agent's licence;
(f) restricted letting agent's licence.

trustee company see the Trustee Companies Act 1968, section 4.



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