Australian Capital Territory Current Acts

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LEGAL PROFESSION ACT 2006 - SECT 391

Conduct to which ch 4 applies—generally

    (1)     Subject to subsection (3), this part applies to conduct happening in the ACT.

    (2)     This part also applies to conduct happening outside the ACT, but only—

        (a)     if it is part of a course of conduct that has happened partly in the ACT and partly in another jurisdiction, and either—

              (i)     the corresponding authority of each other jurisdiction where the conduct has happened consents to its being dealt with under this Act; or

              (ii)     the complainant and the person about whom the complaint is made consent to its being dealt with under this Act; or

        (b)     if it happens in Australia but completely outside the ACT and the person about whom the complaint is made is a local lawyer or a local legal practitioner, and either—

              (i)     the corresponding authority of each jurisdiction where the conduct has happened consents to its being dealt with under this Act; or

              (ii)     the complainant and the practitioner consent to its being dealt with under this Act; or

        (c)     if—

              (i)     it happens completely or partly outside Australia; and

              (ii)     the person about whom the complaint is made is a local lawyer or a local legal practitioner.

    (3)     This part does not apply to conduct happening in the ACT if—

        (a)     the relevant council consents to its being dealt with under a corresponding law; or

        (b)     the complainant and the person about whom the complaint is made consent to its being dealt with under a corresponding law.

    (4)     Subsection (3) does not apply if the conduct cannot be dealt with under the corresponding law.

    (5)     The relevant council may give consent for subsection (3) (a), and may do so conditionally or unconditionally.



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