LEGAL PROFESSION ACT 2006 - SECT 41 Application for grant or renewal of local practising certificate

LEGAL PROFESSION ACT 2006 - SECT 41

    (1)     An Australian lawyer may apply to the relevant council for the grant or renewal of a local practising certificate if the lawyer is eligible to apply for the grant or renewal.

Note 1     If a form is approved under s 83 for this provision, the form must be used.

Note 2     A fee may be determined under s 84 for this provision.

    (2)     An Australian lawyer is eligible to apply for the grant or renewal of a local practising certificate if the lawyer complies with the regulations and legal profession rules in relation to eligibility for the practising certificate and—

        (a)     if the lawyer is not an Australian legal practitioner at the time of making the application—

              (i)     the lawyer reasonably expects to be engaged in legal practice solely or principally in the ACT during the currency of the certificate or renewal applied for; or

              (ii)     if subparagraph (i) does not apply to the lawyer or it is not reasonably practicable to establish whether subparagraph (i) applies—the lawyer's place of residence in Australia is the ACT or the lawyer does not have a place of residence in Australia; or

        (b)     if the lawyer is an Australian legal practitioner at the time of making the application—

              (i)     the jurisdiction in which the lawyer engages in legal practice solely or principally is the ACT; or

              (ii)     the lawyer holds a local practising certificate and engages in legal practice in another jurisdiction under an arrangement that is of a temporary nature; or

              (iii)     the lawyer reasonably expects to be engaged in legal practice solely or principally in the ACT during the currency of the certificate applied for; or

              (iv)     if it is not reasonably practicable to establish whether subparagraph (i), (ii) or (iii) applies—the lawyer's place of residence in Australia is the ACT or the lawyer does not have a place of residence in Australia; or

        (c)     if the lawyer is an Australian legal practitioner prescribed by regulation for this paragraph.

    (3)     For subsection (2) (b), the jurisdiction in which an Australian lawyer engages in legal practice solely or principally is to be decided by reference to the lawyer's legal practice during the certificate period current at the time—

        (a)     the application is made; or

        (b)     for a late application—the application should have been made.

    (4)     Without limiting subsection (2), an Australian lawyer is not eligible to apply for the grant or renewal of a local practising certificate in relation to a financial year if the lawyer would also be the holder of another Australian practising certificate for the year.

    (5)     An Australian lawyer must not apply for the grant or renewal of a local practising certificate if the lawyer is not eligible to make the application.

    (6)     An Australian legal practitioner who engages in legal practice solely or principally in the ACT during a financial year and reasonably expects to engage in legal practice solely or principally in the ACT in the next financial year must apply for the grant or renewal of a local practising certificate in relation to the next financial year.

    (7)     Subsection (6) does not apply to an interstate legal practitioner who applied for the grant or renewal of an interstate practising certificate on the basis that the practitioner reasonably expected to engage in legal practice solely or principally in the ACT under an arrangement that is of a temporary nature.

    (8)     The exemption provided by subsection (7) ceases to operate at the end of the period prescribed by regulation.

    (9)     A reference in this section to engaging in legal practice principally in a jurisdiction applies only to legal practice in Australia and despite anything in this section an Australian lawyer who is engaged or expects to be engaged in legal practice principally in a foreign country is eligible to apply for the grant or renewal of a local practising certificate if the lawyer otherwise meets the requirements of this section.

Example

A person practises both in Australia and overseas and the overseas practice is the principal part of the person's overall practice. The question whether the person is engaged in legal practice principally in the ACT is determined by reference to the person's practice in Australia.

    (10)     A regulation under subsection (2) (c) may—

        (a)     limit the kind of practising certificate for which a lawyer prescribed for that paragraph may apply for grant or renewal; or

        (b)     provide that a council has a discretion as to whether or not to grant or renew a local practising certificate to a person in the person's capacity as a lawyer prescribed for that paragraph.