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LEGAL PROFESSION ACT 2006 - SECT 159 Application of Australian professional ethical and practice standards to practice of foreign

LEGAL PROFESSION ACT 2006 - SECT 159

Application of Australian professional ethical and practice standards to practice of foreign law

    (1)     An Australian-registered foreign lawyer must not engage in any conduct in practising foreign law that would, if the conduct were engaged in by an Australian legal practitioner in practising Australian law in the ACT, be capable of being professional misconduct or unsatisfactory professional conduct.

    (2)     Chapter 4 (Complaints and discipline) applies—

        (a)     to a person who—

              (i)     is an Australian-registered foreign lawyer; or

              (ii)     was an Australian-registered foreign lawyer when the relevant conduct allegedly happened, but is no longer an Australian-registered foreign lawyer (in which case chapter 4 applies as if the person were an Australian-registered foreign lawyer); and

        (b)     as if references in chapter 4 to an Australian legal practitioner were references to a person of that kind.

    (3)     A regulation may make provision in relation to the application (with or without change) of the provisions of chapter 4 for this section.

    (4)     Without limiting the matters that may be taken into account in deciding whether a person should be disciplined for a contravention of subsection (1), the following matters may be taken into account:

        (a)     whether the conduct of the person was consistent with the standard of professional conduct of the legal profession in any foreign country where the person is registered;

        (b)     whether the person contravened the subsection intentionally or without reasonable excuse.

    (5)     Without limiting any other provision of this section or the orders that may be made under chapter 4 as applied by this section, the following orders may be made under that chapter as applied by this section:

        (a)     an order that a person's registration under this Act as a foreign lawyer be cancelled;

        (b)     an order that a person's registration under a corresponding law as a foreign lawyer be cancelled.