Amendment 1 to the Law Commission and Library Act
Amendment 1 to the Law Commission and Library Act | |||
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Citation | Aa-1 to A-33 | ||
Considered by | Open Parliament | ||
Date enacted | 9 April 2019 | ||
Legislative history | |||
Introduced on | 30 March 2019 | ||
Introduced by | Ramelia Hirematia | ||
Voting began | 1 April 2019 | ||
Required majority | Simple majority | ||
Vote results | 9 Yea, 2 Nay, 0 Abstain | ||
Status: Passed |
This Amendment delays the implementation of qualifications to appointive seats on the Law Commission, creates a new appointive seat in place of the Founder's ex officio seat, and makes related changes.
Article 1. Changes Regarding Implementation of the Bar Examination
Section 1. Qualifications for the Law Commission
Article 4, Section 2, Clause 3 of the Law Commission and Library Act shall be amended to read as follows:
- Clause 3. Commencing two weeks following initial approval of the Bar Examination, all nominated appointive members of the Commission shall either be active members of the Bar of the Court of Justice, or, have been elected World Assembly Delegate, Speaker of the Union, or Chancellor at least once before.
Section 2. Qualifications for Authorized Practice of Law
A clause shall be inserted after Article 5, Section 1 of the Law Commission and Library Act to read as follows:
- Clause 1. No Member State shall be prohibited from the practice of law by the provisions of this Section until two weeks following initial approval of the Bar Examination.
Article 2. Replacement of the Founder's Seat with an Appointive Seat
Section 1. Removal of the Founder's Seat
Article 4, Section 1, Clause 3 of the Law Commission and Library Act shall be struck from the Act.
Section 2. Creation of an Appointive Seat
A clause shall be inserted after the final clause of Article 4, Section 1 of the Law Commission and Library Act to read as follows:
- One Member State, not serving in the Cabinet, nominated by the Minister of Domestic Affairs and confirmed by a majority of the Commission, for a term of four months.
Article 3. Miscellaneous Provisions
Section 1. Typo Correction
Article 5, Section 2 of the Law Commission and Library Act shall be amended to read as follows:
- Any State advertising or holding themselves out as practicing or entitled to practice law, or otherwise practicing law, which is not an active member of the Bar or otherwise authorized by law to practice law in the Social Liberal Union at the time of doing so, may be subject to prosecution for a Class 3 offence for the first violation, and a Class 4 offence for the second violation and any subsequent violations. Furthermore, unauthorized practice of law may be considered a contempt against the Court of Justice.
Section 2. Bar Examination Name
Article 4, Section 7 of the Law Commission and Library Act shall be amended to read as follows:
- The Law Commission shall have the power to:
- Clause 1. Create, maintain, and administer an examination on the Constitution, law, and legal procedure of the Social Liberal Union, which may be referenced as the Bar Examination; and
- Clause 2. License to practice law and admit eligible States which pass the Bar Examination to the Bar of the Court of Justice of the Social Liberal Union; and
- Clause 3. Maintain a roster of admitted and active members of the Bar; and
- Clause 4. Provide for an annual refresher examination, mainly covering changes in the law in the preceding year, in order for members of the Bar to retain their active member status.
- The Law Commission shall have the power to:
Section 3. Revision of the Term of the Member Nominated by the Delegate
Article 4, Section 1, Clause 7 of the Law Commission and Library Act (as numbered prior to renumbering) shall be amended to read as follows, provided that this Section shall not modify the duration of the term of any member of the Law Commission currently serving:
- One Member State, not serving in the Cabinet, nominated by the World Assembly Delegate and confirmed by a majority of the Commission, for a term of four months; and
Section 4. Renumbering
Appropriate clauses shall be renumbered for continuity.