Clause 27

by deleting the words “determination of the Disciplinary Tribunal under section 93 is that cause of sufficient gravity for disciplinary action exists under section 83 or 83A (as the case may be)” in subsection (1) and substituting the words “Disciplinary Tribunal makes a determination under section 93(1)(c)”;

by deleting the words “determination of the Disciplinary Tribunal under section 93 is that no cause of sufficient gravity for disciplinary action exists under section 83 or 83A (as the case may be)” in subsection (2) and substituting the words “Disciplinary Tribunal makes a determination under section 93(1)(a)”;

by deleting the words “determination of the Disciplinary Tribunal under section 93 is that, while no cause of sufficient gravity for disciplinary action exists under section 83 or 83A (as the case may be), the regulated legal practitioner should be reprimanded or ordered to pay a penalty” in subsection (3) and substituting the words “Disciplinary Tribunal makes a determination under section 93(1)(b)(i), (ii) or (iv)”;

by inserting, immediately after subsection (3), the following subsections:“(3A) Where the Disciplinary Tribunal makes a determination under section 93(1)(b)(iii) or (iv) —

the Council must —

if the Council agrees with the determination, order the regulated legal practitioner to comply with the remedial measure or remedial measures (as the case may be); or

if the Council disagrees with the determination, without further direction make an application under section 98 within one month after the date of the determination of the Disciplinary Tribunal; and

if paragraph (a)(i) applies, and the regulated legal practitioner fails, within the time specified by the Council, to comply fully with the Council’s order under paragraph (a)(i), the Council must, if the determination so provides —

reprimand the regulated legal practitioner; or

order the regulated legal practitioner to pay a penalty of not more than $20,000.(3B) Where the Disciplinary Tribunal makes a determination under section 93(1)(b)(iv), and the Council agrees with that determination —

any action taken by the Council under subsection (3A)(b)(ii) is in addition to any action taken by the Council under subsection (3)(a); but(b)the total amount of penalty ordered to be paid under subsections (3)(a) and (3A)(b)(ii) must not exceed $20,000.”; and

by inserting, immediately after the words “subsection (3)” in subsection (4)(b), the words “or (3A)”.