Clause 39

by deleting subsection (4) and substituting the following subsection:“(4) Where the Council has ordered an advocate and solicitor to pay a penalty, the advocate and solicitor shall pay to the Society —

the penalty, if —

no application is made under subsection (1) to set aside the Council’s order; or

the penalty has been affirmed by a Judge under subsection (3)(a); or

if the penalty has been varied by a Judge under subsection (3)(a), the penalty so varied.”;

by inserting, immediately after the word “penalty” in subsection (5), the words “payable to the Society under subsection (4) which is”; and

by inserting, immediately after the word “penalties” in the section heading, the words “ordered by Council”.