LEGAL PROFESSION ACT 1987 - SECT 48ZI Registration application

This legislation has been repealed.

LEGAL PROFESSION ACT 1987 - SECT 48ZI

48ZI Registration application

(1) A foreign lawyer may lodge an application in writing with the domestic registration authority seeking registration as a foreign lawyer under this Part.

(2) The application must:

(a) state the applicant's educational and professional qualifications, and

(b) state that the applicant is registered to practise law by one or more specified foreign registration authorities (the "home registration authorities") in a place or places outside Australia, and

(c) state that the applicant is not the subject of any disciplinary proceedings in any place (including any preliminary investigations or action that might lead to disciplinary proceedings) in relation to that registration, and

(d) state that the applicant is not a party in any pending criminal or civil proceedings in any place that is likely to result in disciplinary action being taken against the applicant, and

(e) state that the applicant's registration is not cancelled or currently suspended in any place as a result of any disciplinary action, and

(f) state that the applicant is not otherwise personally prohibited from carrying on the practice of law in any place or bound by any undertaking not to carry out the practice of law in any place, and is not subject to any special conditions in carrying on any practice as a result of criminal, civil or disciplinary proceedings in any place, and

(g) specify any special conditions imposed in any place as a restriction on the practice of law by the applicant or any undertaking given by the applicant restricting the applicant's practise of law, and

(h) give consent to the making of inquiries of, and the exchange of information with, such of the home registration authorities as the domestic registration authority considers appropriate regarding the applicant's activities in practising law in the places concerned or otherwise regarding matters relevant to the application.

(3) The application must (if the domestic registration authority so requires) be accompanied by an original instrument, or a copy of an original instrument, from each home registration authority specified in the application that:

(a) verifies the applicant's educational and professional qualifications, and

(b) verifies the applicant's registration by the authority to practise law in the place concerned, and the date of registration, and

(c) describes anything done by the applicant in practising law in that place of which the authority is aware and that, in the opinion of the authority, has had or is likely to have had an adverse effect on the applicant's professional standing within the legal profession of that place.

(4) The applicant must (if the domestic registration authority so requires) certify in the application that the accompanying instrument is the original or a complete and accurate copy of the original.

(5) The domestic registration authority may require the applicant to verify the statements in the application by statutory declaration or by other proof acceptable to the authority.

(6) If the accompanying instrument is not in English it must be accompanied by a translation in English that is authenticated or certified to the satisfaction of the domestic registration authority.