LEGAL PROFESSION ACT 2007 - SECT 169 Application of Australian professional ethical and practice standards

LEGAL PROFESSION ACT 2007 - SECT 169

169 Application of Australian professional ethical and practice standards

(1) An Australian-registered foreign lawyer must not engage in any conduct in practising foreign law that would, if the conduct were engaged in by an Australian legal practitioner in practising Australian law in this jurisdiction, be capable of constituting unsatisfactory professional conduct or professional misconduct.

(2) Chapter 4 applies to a person who—

(a) is an Australian-registered foreign lawyer; or

(b) was an Australian-registered foreign lawyer when the relevant conduct allegedly happened, but is no longer an Australian-registered foreign lawyer (in which case chapter 4 applies as if the person were an Australian-registered foreign lawyer);

and so applies as if references in chapter 3 to an Australian legal practitioner were references to a person of that kind.

(3) A regulation may make provision in relation to the application, with or without changes, of the provisions of chapter 4 for the purposes of this section.

(4) Without limiting the matters that may be taken into account in deciding whether a person should be disciplined for a contravention of subsection (1) , the following matters may be taken into account—

(a) whether the conduct of the person was consistent with the standard of professional conduct of the legal profession in any foreign country where the person is registered;

(b) whether the person contravened the subsection wilfully or without reasonable excuse.

(5) Without limiting another provision of this section or the orders that may be made under chapter 4 as applied by this section, the following orders may be made under that chapter as applied by this section—

(a) an order that a person’s registration under this Act as a foreign lawyer be cancelled;

(b) an order that a person’s registration under a corresponding law as a foreign lawyer be cancelled.