Victorian Numbered Acts Victorian Numbered Acts(1) The Governor in Council may make regulations for or with respect to—
(a) prescribing a general fee and a library fee to be paid before admission to legal practice; and
(b) prescribing fees for Australian practising certificates; and
(c) prescribing maximum amounts of contributions and levies for the purposes of section 131; and
(d) prescribing—
(i) maximum amounts, or the method of calculating the maximum amounts, that may be paid from the fidelity fund in respect of individual claims or classes of individual claims; and
(ii) the maximum aggregate amount, or the method of calculating the maximum aggregate amount, that may be paid from the fidelity fund in respect of all claims made in relation to individual law practices or classes of law practices; and
(e) prescribing the delegates or classes or delegates of the Victorian Legal Services Board; and
(f) prescribing the delegates or classes of delegates of the Victorian Commissioner; and
(g) prescribing penalties for contraventions of the regulations, not exceeding—
(i) 20 penalty
units in the case of an individual; and
s. 156
(ii) 120 penalty units in any other case; and
(h) any other matter or thing that is required or permitted to be prescribed or necessary to be prescribed to give effect to this Act or the Legal Profession Uniform Law (Victoria).
(2) Regulations under subsection (1)(b) are to be made on the recommendation of the Victorian Legal Services Board.
(3) In making a recommendation, the Victorian Legal Services Board must take into account—
(a) the costs of regulating different classes of legal practitioners; and
(b) any representations made to the Victorian Legal Services Board by a local professional association regarding appropriate levels for fees for classes of Australian legal practitioners whose home jurisdiction is Victoria and who are members of that association.
(4) A power conferred by this Act to make regulations may be exercised—
(a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or class of case; and
(b) so as to make, as respects the cases in relation to which the power is exercised—
(i) the same provision for all cases in relation to which the power is exercised, or different provisions for different cases or classes of case, or different provisions for the same case or class of case for different purposes; or
(ii) any such provision either unconditionally or subject to any specified condition.
(5) Regulations under this Act may be made—
(a) so as to apply at all times or at a specified time; and
(b) so as to require matters affected by the regulations to be—
(i) in accordance with specified standards or specified requirements; or
(ii) approved by or to the satisfaction of specified persons or bodies or specified classes of persons or bodies; or
(iii) as specified in both subparagraphs (i) and (ii); and
(c) so as to apply, adopt or incorporate any matter contained in any document whatsoever whether—
(i) wholly or partially or as amended by the regulations; or
(ii) as in force at a particular time or as in force from time to time; and
(d) so as to confer a discretionary authority or impose a duty on specified persons or bodies or specified classes of persons or bodies; and
(e) so as to provide in specified
cases or classes of case for the exemption of persons or things or classes of
persons or things from any of the provisions of the regulations, whether
unconditionally or on specified conditions and either wholly or to such an
extent as is specified.
s. 156
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Division 1—Repeal
See:
Act No.
99/2004.
Reprint No. 4
as at
1 July 2011
and amending
Act Nos
36/2011, 15/2012, 20/2012, 21/2012 and 68/2013.
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