Legal Profession Uniform Law Application (Savings and Transitional) Regulations 2015

Authorised Version Legal Profession Uniform Law Application (Savings and Transitional) Regulations 2015 S.R. No. 53/2015 TABLE OF PROVISIONS Regulation Page 1 Objectives 1 2 Authorising provision 2 3 Commencement 2 4 Definitions 2 5 Continued operation of the Legal Profession (Practising Certificate Fees) Regulations 2012 2 6 Saving provision for Crown and public authority exemption 3 7 Requirement of supervised legal practice for government lawyers 4 8 Expiry 4 ═══════════════ Endnotes 5 Authorised by the Chief Parliamentary Counsel i -- 1 of 6 -- Authorised Version STATUTORY RULES 2015 S.R. No. 53/2015 Legal Profession Uniform Law Application Act 2014 Legal Profession Uniform Law Application (Savings and Transitional) Regulations 2015 The Administrator of the State of Victoria as the Governor's deputy, with the advice of the Executive Council, makes the following Regulations: Dated: 16 June 2015 Responsible Minister: MARTIN PAKULA Attorney-General YVETTE CARISBROOKE Clerk of the Executive Council 1 Objectives The objectives of these Regulations are— (a) to continue the operation of the Legal Profession (Practising Certificate Fees) Regulations 2012 for 2 years despite the repeal of the Legal Profession Act 2004; and (b) to continue the exemption for Crown and public authority employees provided for by section 2.2.2(2)(g) of the Legal Profession Act 2004 for 3 months despite the commencement of the Legal Profession Uniform Law (Victoria); and Authorised by the Chief Parliamentary Counsel 1 -- 2 of 6 -- Legal Profession Uniform Law Application (Savings and Transitional) Regulations 2015 S.R. No. 53/2015 (c) to make provision in relation to the supervised legal practice requirements of the Legal Profession Uniform Law (Victoria) as a consequence of the continuation of the exemption specified in paragraph (b). 2 Authorising provision These Regulations are made under section 164 of the Legal Profession Uniform Law Application Act 2014. 3 Commencement These Regulations come into operation on 1 July 2015. 4 Definitions In these Regulations— the Act means the Legal Profession Uniform Law Application Act 2014; Uniform Law means the Legal Profession Uniform Law (Victoria). 5 Continued operation of the Legal Profession (Practising Certificate Fees) Regulations 2012 (1) Despite the repeal of sections 2.4.9 and 7.2.17(2)(b) of the Legal Profession Act 2004, the Legal Profession (Practising Certificate Fees) Regulations 20121 , as in force immediately before 1 July 2015— (a) continue in force (except insofar as they are inconsistent with the Act) as if they had been made under section 156 of the Act; and (b) may be amended or revoked as if they had been so made. Note The Legal Profession Act 2004 was repealed by section 157 of the Legal Profession Uniform Law Application Act 2014. 2 Authorised by the Chief Parliamentary Counsel -- 3 of 6 -- Legal Profession Uniform Law Application (Savings and Transitional) Regulations 2015 S.R. No. 53/2015 (2) For the purposes of subregulation (1), a reference in the Legal Profession (Practising Certificate Fees) Regulations 2012— (a) to the prescribed fee is taken to be a reference to the prescribed fee in section 73(1)(a) of the Act; and (b) to a local practising certificate or a practising certificate is taken to be a reference to an Australian practising certificate referred to in section 73(1) of the Act. 6 Saving provision for Crown and public authority exemption (1) Despite the commencement of sections 10(1) and 11 of the Uniform Law, until 1 October 2015— (a) a person referred to in section 2.2.2(2)(g) of the Legal Profession Act 2004 as in force immediately before its repeal is taken to be a person to whom those sections of the Uniform Law do not apply in relation to doing anything— (i) in the course of their employment with the Crown or a public authority; or (ii) in the performance of duties under an appointment by the Governor in Council; and (b) a person who commences engaging in legal practice as a government lawyer after the commencement of those sections of the Uniform Law is taken to be a person referred to in paragraph (a) despite not being a person referred to in section 2.2.2(2)(g) of the Legal Profession Act 2004 as in force immediately before its repeal. 3 Authorised by the Chief Parliamentary Counsel -- 4 of 6 -- Legal Profession Uniform Law Application (Savings and Transitional) Regulations 2015 S.R. No. 53/2015 (2) A person referred to in subregulation (1) is not required to hold an Australian practising certificate during the period of 1 July 2015 to 30 September 2015. 7 Requirement of supervised legal practice for government lawyers Without limiting section 169(3) and (4) of the Act, any period of legal practice engaged in by a government lawyer under the exemption saved and continued by regulation 6— (a) is taken to be a period of supervised legal practice for the purposes of section 49 of the Uniform Law; and (b) is to be subtracted from any period of supervised legal practice required by any statutory condition imposed by section 49 of the Uniform Law on an Australian practising certificate granted to the person under the Uniform Law. 8 Expiry These Regulations expire on 30 June 2017. ═══════════════ 4 Authorised by the Chief Parliamentary Counsel -- 5 of 6 -- Endnotes Legal Profession Uniform Law Application (Savings and Transitional) Regulations 2015 S.R. No. 53/2015 Endnotes 1 Reg. 5(1): S.R. No. 19/2012. 5 Authorised by the Chief Parliamentary Counsel -- 6 of 6 --