Disqualifications and prohibitions—Act, s 122 (10), s 123 (5) and s 148 (5)
21 Disqualifications and prohibitions—Act, s 122 (10), s 123 (5) and s 148 (5)
This section applies to the following orders:
an order made under the Act, section 122 (Banning of incorporated legal practices);
an order made under the Act, section 123 (Disqualification from managing incorporated legal practice);
an order made under the Act, section 148 (Prohibition on multidisciplinary partnerships with certain partners who are not Australian legal practitioners).
The law society council, or, for an order under the Act, section 122, the regulator of another jurisdiction (within the meaning of that section), may publicise the order in any way the council or regulator considers appropriate.
The law society council—
must, as soon as practicable after the order is made, give written notice of the order to the corresponding authority of every other jurisdiction; and
may give written notice of the order to any other regulatory authority of any jurisdiction.
Note If a form is approved by the law society council under the Act, s 583 for this provision, the form must be used.
A notice for an order made in relation to a corporation under the Act, section 122 must state—
the corporation’s name; and
the Australian company number (ACN) of the corporation; and
the office or business address of the corporation last known to the law society council; and
the date of the order.
A notice for an order made in relation to a person under the Act, section 123 or section 148 must state—
the person’s name; and
the person’s address last known to the law society council; and
the date of the order.
A notice may also—
contain other relevant information; and
be accompanied by a copy or summary of, or extract from, the order.
No civil liability (including liability in defamation) is incurred by a protected person in relation to anything done or omitted to be done honestly for the purpose of this section.
In this section:
protected person means any of the following:
the law society;
a member of the law society council;
any member of the staff of the law society;
the regulator of another jurisdiction;
a person responsible for keeping a register or any similar record, or any part of a register or similar record, in or by which an order is publicised;
an internet service provider or internet content host;
a person acting at the direction of the Territory or of an entity mentioned in this definition.
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