Australian Capital Territory Consolidated Acts

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COURT PROCEDURES ACT 2004 - SECT 35

Representation if right to legal representation restricted

    (1)     This section applies to a proceeding if—

        (a)     the Territory or Attorney-General is a party to the proceeding; and

        (b)     an Act removes or restricts the right of a party to the proceeding to be represented by a lawyer.

    (2)     The Territory or Attorney-General may be represented by a public servant (other than a lawyer, articled clerk or person who holds legal qualifications under a territory law or the law of another place) who is authorised to conduct the proceeding on behalf of the Territory or Attorney-General.

    (3)     In the proceeding, a document apparently signed by a relevant person that appears to be an authorisation under subsection (2) must be accepted as an authorisation in the absence of evidence to the contrary.

    (4)     In this section:

"relevant person" means—

        (a)     a Minister; or

        (b)     a chief executive; or

        (c)     the chief executive officer of a territory agency or instrumentality.



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