(1) In this section
—
authorised CPD provider , in relation to a
continuing professional development activity, means a person —
(a)
accredited in accordance with the Board Rules in relation to the activity; or
(b)
exempted under the local regulations made under subsection (6) from a
requirement to be accredited in accordance with the Board Rules in relation to
the activity; or
(c)
acting for or on behalf of a person mentioned in paragraph (a) or (b);
Board Rules means rules made by the Board under
subsection (2);
continuing professional development activity means
an activity that meets the requirements of the Continuing Professional
Development Rules;
excluded activity means a continuing professional
development activity that is prescribed by the local regulations.
(2) The Board may make
rules for accrediting persons in relation to —
(a) a
continuing professional development activity that is not an excluded activity;
and
(b)
other legal education or training.
(3) Without limiting
subsection (2), the Board may make Board Rules about —
(a) how
accreditation may be granted, including who may apply for accreditation; and
(b) how
an application is to be made; and
(c) what
information is required to support the application; and
(d) the
fees (if any) for applying for accreditation.
(4) The Board Rules
are subsidiary legislation for the purposes of the Interpretation Act 1984 .
(5) The
Interpretation Act 1984 section 43(6) does not apply to the Board Rules.
(6) The local
regulations may exempt any of the following from a requirement to be
accredited in accordance with the Board Rules in relation to a continuing
professional development activity that is not an excluded activity —
(a) a
court, tribunal or commission established by the Commonwealth or a State or
Territory;
(b) the
Commonwealth or a State or Territory or government authority.
(7) Despite the
Continuing Professional Development Rules, an Australian legal practitioner
does not complete a continuing professional development activity under those
Rules unless the activity is —
(a) an
excluded activity; or
(b)
another continuing professional development activity and —
(i)
if the activity is provided by another person —
that other person is an authorised CPD provider in relation to the activity;
or
(ii)
in any other case — the practitioner is an
authorised CPD provider in relation to the activity.
(8) If the Board
imposes a condition on an Australian legal practitioner’s Australian
practising certificate that the practitioner must undertake further legal
education or training provided by a person, the practitioner does not complete
the education or training unless the education or training is provided by a
person accredited in accordance with the Board Rules.