Australian Capital Territory Current Acts

LEGAL PROFESSION ACT 2006 - SECT 172

    (1)     An application for grant of registration as a foreign lawyer must state the applicant's educational and professional qualifications.

    (2)     An application for grant or renewal of registration as a foreign lawyer must—

        (a)     state that the applicant is registered to engage in legal practice by 1 or more stated foreign registration authorities in 1 or more stated foreign countries; and

        (b)     state that the applicant is not an Australian legal practitioner; and

        (c)     state that the applicant is not the subject of disciplinary proceedings in Australia or a foreign country (including any preliminary investigations or action that might lead to disciplinary proceedings) in the applicant's capacity as—

              (i)     an overseas-registered foreign lawyer; or

              (ii)     an Australian-registered foreign lawyer; or

              (iii)     an Australian lawyer; and

        (d)     state whether the applicant has been convicted of an offence in Australia or a foreign country and, if so, state—

              (i)     the nature of the offence; and

              (ii)     how long ago the offence was committed; and

              (iii)     the applicant's age when the offence was committed; and

        (e)     state that the applicant's registration is not cancelled or currently suspended in any place because of any disciplinary action in Australia or a foreign country; and

        (f)     state—

              (i)     that the applicant is not otherwise personally prohibited from engaging in legal practice in any place or bound by any undertaking not to engage in legal practice in any place; and

              (ii)     whether or not the applicant is subject to any special conditions in engaging in legal practice in any place;

because of any criminal, civil or disciplinary proceeding in Australia or a foreign country; and

        (g)     state any special conditions imposed in Australia or a foreign country as a restriction on legal practice engaged in by the applicant or any undertaking given by the applicant restricting the applicant's practice of law; and

        (h)     give consent to the making of inquiries of, and the exchange of information with, any foreign registration authorities the relevant council considers appropriate about the applicant's activities in engaging in legal practice in the places concerned or otherwise about matters relevant to the application; and

              (i)     state which of section 165 (2), (3) or (4) (Professional indemnity insurance—Australian-registered foreign lawyers) the applicant proposes to rely on and be accompanied by supporting proof of the relevant matters; and

        (j)     provide the information or be accompanied by the other information or documents (or both) that is stated in the application form or in material accompanying the application form as provided by the relevant council.

    (3)     The application must (if the relevant council requires) be accompanied by an original instrument, or a copy of an original instrument, from each foreign licensing body stated in the application that—

        (a)     verifies the applicant's educational and professional qualifications; and

        (b)     verifies the applicant's registration by the foreign licensing body to engage in legal practice in the foreign country concerned, and the date of registration; and

        (c)     describes anything done by the applicant in engaging in legal practice in the foreign country of which the foreign licensing body is aware and that, in the body's opinion, has had or is likely to have had an adverse effect on the applicant's professional standing within the legal profession of that place.

    (4)     The applicant must (if the relevant council requires) certify in the application that the accompanying instrument is the original or a complete and accurate copy of the original.

    (5)     The relevant council may require the applicant to verify the statements in the application by proof acceptable to the relevant council.

Note     It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code

, pt 3.4).

    (6)     If the accompanying instrument is not in English, it must be accompanied by a translation in English that is authenticated or certified to the satisfaction of the relevant council.

    (7)     This section does not limit the Legislation Act

, section 255 (Forms).