Northern Territory Consolidated Acts(1) There is hereby established a Solicitor for the Northern Territory.
(2) The Solicitor for the Northern Territory is a body corporate.
(3) The Solicitor for the Northern Territory may act as solicitor for:
(a) the Crown in right of the Territory;
(b) the Territory;
(c) a person suing or being sued on behalf of the Territory;
(d) a minister;
(e) a body or authority established by a law of the Territory;
(f) an officer of, or a person employed by:
(i) the Territory; or
(ii) a body or authority established by a law of the Territory;
(g) a person holding office under a law of the Territory;
(h) the Australian Government Solicitor, by arrangement, as agent on behalf of clients of the Australian Government Solicitor; or
(j) any other person, body or authority for whom the Attorney-General requests it to act,
and is, for the purpose of so acting, entitled to practise as a legal practitioner in any court and entitled to all the rights and privileges of a legal practitioner.
(4) The Secretary may act personally in the name of the Solicitor for the Northern Territory and may also, either generally, or otherwise as provided by the instrument of authorization, by writing signed by the Secretary, authorize an officer of the Department who is a legal practitioner to act in the name of the Solicitor for the Northern Territory.
(5) An act or thing done in the name of the Solicitor for the Northern Territory by, or under the direction or authority of:
(a) the Secretary; or
(b) a person authorized under subsection (4),
shall be deemed to have been done by the Solicitor for the Northern Territory.
(6) In or in respect of the doing by a person of an act or thing in pursuance of an authorization under subsection (4), the person is responsible to the Secretary and, through the Secretary, to the Attorney-General, and shall comply with such directions, if any, as are given by the Secretary.
(7) An act or thing done or omitted to be done by a person in the name of the Solicitor for the Northern Territory pursuant to a direction given by the Secretary shall be deemed to have been done or omitted to be done, as the case may be, by the Secretary personally.
(8) The Secretary is, for the purpose of exercising his or her powers and performing his or her functions under this section, entitled to practise as a legal practitioner as if he or she were the holder of an unrestricted practising certificate issued under the Legal Profession Act .
(9) Notwithstanding subsection (5) but subject to subsection (8):
(a) the Secretary; or
(b) a person authorized under subsection (4),
is, in respect of any act or thing done or omitted to be done by him or her, or by a person at his or her direction or under his or her authority, in the name of the Solicitor for the Northern Territory, subject to the duties and obligations to which he or she would be subject if that act or thing had been done or omitted to be done in the course of practice by him or her as a legal practitioner.
(10) A copy of every authorization under subsection (4) shall be published in the Gazette .
(11) In any Act, instrument of a legislative or administrative character, award or other industrial determination or order, industrial agreement, other order (whether executive, judicial or otherwise), contract, pleading in, or process issued in connection with, a legal or other proceeding, or any other instrument, a reference to the Crown Solicitor shall be construed as including a reference to the Solicitor for the Northern Territory.
(12) In this section:
"Department" means the department primarily responsible to the Attorney-General for matters arising under this Act.
"Secretary" means the Chief Executive Officer, as defined in the Public Sector Employment and Management Act , of the Department.