Australian Capital Territory Current Acts

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LEGAL PROFESSION ACT 2006 - SECT 38

Conditions on practising certificate—government lawyer and in-house lawyer

    (1)     This section applies to the following people who apply for the grant or renewal of a local practising certificate:

        (a)     an Australian lawyer who is a government lawyer who, in the lawyer's application for the grant or renewal of the certificate, stated that the lawyer did not intend to engage in legal practice otherwise than as a government lawyer engaged in government work;

        (b)     an in-house lawyer.

    (2)     The relevant council must not grant or renew a local practising certificate unless the relevant council—

        (a)     for an application by an Australian lawyer mentioned in subsection (1) (a)—imposes a condition on the certificate that the lawyer must not engage in legal practice otherwise than as a government lawyer engaged in government work; or

        (b)     for an application by an in-house lawyer—imposes a condition on the certificate that the in-house lawyer for a corporation must not engage in legal practice otherwise than by providing in-house legal services to the corporation (or a related body corporate).

    (3)     A person must comply with a condition imposed under subsection (2) on the person's practising certificate.

    (4)     A failure by an Australian lawyer to comply with subsection (3) can be unsatisfactory professional conduct or professional misconduct.

    (5)     In this section:

"in-house lawyer"—see section 33.



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