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LEGAL PROFESSION ACT 1987 - SECT 48ZE Definitions

This legislation has been repealed.

LEGAL PROFESSION ACT 1987 - SECT 48ZE

Definitions

48ZE Definitions

In this Act:

"Australia" includes the external Territories.

"Australian law" means law of the Commonwealth, a State or a Territory.

"commercial legal presence" means an interest in a law firm practising foreign law.

"domestic lawyer" means a person (including a foreign lawyer) who is a barrister or solicitor.

"domestic registration authority" means the Bar Council or the Law Society Council.

"foreign law" means law of a place outside Australia.

"foreign lawyer" means a person who is duly registered to practise law in a place outside Australia by a foreign registration authority.

"foreign registration authority" means the person or authority in a place outside Australia having the function conferred by law of registering persons to practise law in that place.

"home registration authority" of a foreign lawyer means a foreign registration authority stated in the lawyer's application for registration under section 48ZI.

"law firm" means:

(a) a person practising as a lawyer on the person's own account, or
(b) a partnership of two or more persons practising as lawyers, or
(c) an incorporated legal practice or multidisciplinary partnership that is permitted by a law of the State.
"locally registered foreign lawyer" means a person who is registered as a foreign lawyer under this Part.

"practise foreign law" means doing work, or transacting business, in the State concerning foreign law, being work or business of a kind that, if it concerned the law of the State, would ordinarily be done or transacted by a domestic lawyer.

"registered":
(a) when used in connection with a place outside Australia, means having all necessary licences, approvals, admissions, certifications or other forms of authorisation (including practising certificates) required by or under legislation for the carrying on of the practice of law in that place, or
(b) when used in connection with the exercise of a function by a domestic registration authority in relation to a domestic lawyer, means the issue of a practising certificate.