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s 73A

Holding of practising certificates

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Part 5Other provisions about Legal Aid Queensland
Division 2Legal practice

73A Holding of practising certificates

(1)

If the board recommends the appointment, as chief executive officer, of a person who is not a lawyer, the board must nominate—

(a)

a Legal Aid lawyer (the primary holder) to hold a relevant practising certificate; and

(b)

another Legal Aid lawyer (a reserve holder) to hold a relevant practising certificate, on the condition the certificate comes into force only if the primary holder ceases to be a Legal Aid lawyer.

(2)

Also, the board must nominate a Legal Aid lawyer (also a reserve holder) to hold a relevant practising certificate on the condition mentioned in subsection (1)(b) if—

(a)

a person who is not a lawyer is appointed as the chief executive officer; and

(b)

during the person’s term of office, the primary holder or a reserve holder (including a reserve holder nominated under this subsection) ceases to be a Legal Aid lawyer.

(3)

The board may nominate a Legal Aid lawyer under subsection (1) or (2) only if—

(a)

the lawyer has appropriate seniority and experience; and

(b)

the nomination is approved by the Attorney-General.

(4)

If the relevant practising certificate held by a reserve holder comes into force, the holder is taken, for this section, to be the primary holder in relation to the certificate.

(5)

The Legal Profession Act 2007, section 45(3) does not apply to a local practising certificate held by a reserve holder under this section or otherwise.

(6)

In this section—local practising certificate see the Legal Profession Act 2007, schedule 2.relevant practising certificate means a local practising certificate as a principal for the law firm that is Legal Aid.

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