Page 5610 - Week 17 - Thursday, 5 December 1991
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to such accounts. The Bill will make it possible for a queen's counsel for the Northern Territory to seek appointment as one of Her Majesty's counsel for this Territory.
The provisions relating to the consequences of bankruptcy in relation to tenure of members of the admission board and on the holder of an unrestricted practising certificate will be updated to bring them into line with current drafting practice. At present, the Act requires the Attorney-General to appoint the secretary to the Barristers and Solicitors Admission Board. The duties of the position are of an administrative nature and it is unnecessary for the Attorney to appoint the secretary. The Bill provides that the services of the secretary be performed by the Registrar of the Supreme Court or an officer nominated by the Registrar.
The Act was amended by the Commonwealth in 1990 in order to substitute the concept of "failure to account" by a solicitor for "defalcation". Several obsolete references to "defalcation" will be corrected and revised and a simplified definition of "failure to account" inserted.
The opportunity has also been taken to repeal or amend spent provisions, while an incorrect reference in the interpretation provisions to the title of the disciplinary committee will also be corrected. The references to the Companies Act 1981 of the Commonwealth will also be updated so as to refer to the new corporations law.
I commend the Bill to the Assembly and present the accompanying explanatory memorandum.
Debate (on motion by Mr Stefaniak) adjourned.
CRIMES (AMENDMENT) BILL (NO. 7) 1991
MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (11.05): I present the Crimes (Amendment) Bill (No. 7) 1991. I move:
That this Bill be agreed to in principle.
The main purpose of this Bill is to enable the Executive to grant a pardon in respect of an offence or to remit a sentence imposed as a consequence of a conviction for an offence. At present persons seeking a grant of pardon or a remission of sentence rely on the Governor-General to exercise the royal prerogative of mercy. This power is exercised on the advice of the Commonwealth Minister responsible for Territories who, under the self-government Act, is required to consult with the Chief Minister.
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