Commonwealth Numbered Acts

Judiciary Amendment Act (No. 2) 1984 No. 12 of 1984 - SECT 7

7. Section 55E of the Principal Act is repealed and the following section is
substituted: Australian Government Solicitor

''55E. (1) There is hereby established an Australian Government Solicitor.

''(2) The Australian Government Solicitor is a body corporate.

''(3) The Australian Government Solicitor may act as solicitor for-

   (a)  the Crown in right of the Commonwealth;

   (b)  the Commonwealth;

   (c)  a person suing or being sued on behalf of the Commonwealth;

   (d)  a Minister;

   (e)  a body established by an Act or a law of a Territory other than the
        Northern Territory;

   (f)  an officer of, or a person employed by-

        (i)    the Commonwealth; or

        (ii)   a body established by an Act or a law of a Territory other than
               the Northern Territory;

   (g)  a person holding office under an Act or a law of a Territory other
        than the Northern Territory;

   (h)  a member of the Defence Force; or

   (j)  any other person or body for whom the Attorney-General requests the
        Australian Government Solicitor to act, and is, for the purpose of so
        acting, entitled to practise as a solicitor in any court and entitled
        to all the rights and privileges of a solicitor in each State or
        Territory.

''(4) The Secretary to the Attorney-General's Department may act personally in
the name of the Australian Government Solicitor and may also, either
generally, or otherwise as provided by the instrument of authorization, by
writing signed by him, authorize an officer of that Department whose name is
on a roll referred to in sub-section 55D (1) to act in the name of the
Australian Government Solicitor.

''(5) Any act or thing done in the name of the Australian Government Solicitor
by, or under the direction or authority of-

   (a)  the Secretary to the Attorney-General's Department; or

   (b)  a person authorized under sub-section (4), shall be deemed to have
        been done by the Australian Government Solicitor.

''(6) In or in respect of the doing by a person of any act or thing pursuant
to an authorization under sub-section (4), the person is responsible to the
Secretary to the Attorney-General's Department and, through the Secretary to
that Department, to the Attorney-General, and shall comply with such
directions, if any, as are given to him by the Secretary to that Department.

''(7) Any act or thing done or omitted to be done by a person in the name of
the Australian Government Solicitor pursuant to a direction given by the
Secretary to the Attorney-General's Department shall be deemed to have been
done or omitted to be done, as the case may be, by the Secretary to that
Department personally.

''(8) The Secretary to the Attorney-General's Department or a person
authorized pursuant to sub-section (4) is, for the purpose of acting in the
name of the Australian Government Solicitor, entitled to do all things
necessary or convenient and entitled to all the rights and privileges of a
solicitor in each State or Territory whether or not he is entitled to practise
as a solicitor in any State or Territory.

''(9) Notwithstanding sub-section (5) but subject to sub-section (8)-

   (a)  the Secretary to the Attorney-General's Department; or

   (b)  a person authorized pursuant to sub-section (4), is, in respect of any
        act or thing done or omitted to be done by him, or by a person at his
        direction or under his authority, in the name of the Australian
        Government Solicitor in relation to a matter in a State or Territory,
        subject to the duties and obligations to which he would be subject if
        that act or thing had been done or omitted to be done in the course of
        practice by him as a solicitor in the State or Territory concerned.

''(10) A copy of every authorization under sub-section (4) shall be published
in the Gazette.

''(11) In any Act, in any instrument under an Act, in any award or other
industrial determination or order or any industrial agreement, in any other
order (whether executive, judicial or otherwise), in any contract, in any
pleading in, or process issued in connection with, any legal or other
proceedings or in any other instrument, a reference to the Crown Solicitor for
the Commonwealth or a Deputy Crown Solicitor for the Commonwealth shall,
except in relation to matters that occurred before the commencement of section
7 of the
Judiciary Amendment Act (No. 2) 1984, be construed as including a reference to
the Australian Government Solicitor.''.
------------------------------------------------------------------------------
--