AustLII Tasmanian Consolidated Acts

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LEGAL PROFESSION ACT 2007 - SECT 91

91. Government lawyers of other jurisdictions

      (1) A government lawyer of another jurisdiction is not subject to –

(a) any prohibition under this Act about –

(i) engaging in legal practice in this jurisdiction; or

(ii) making representations about engaging in legal practice in this jurisdiction; or

(b) conditions imposed on a local practising certificate –

in respect of the performance of his or her official duties or functions as a government lawyer of the other jurisdiction to the extent that he or she is exempt from matters of the same kind under a law of the other jurisdiction.

      (2) Contributions and levies are not payable to the Guarantee Fund by or in respect of a government lawyer of another jurisdiction in his or her capacity as a government lawyer.

      (3) Without affecting the generality of subsection (1), that subsection extends to prohibitions under section 79 relating to professional indemnity insurance.

      (4) Without affecting subsections (1), (2) and (3), nothing in this section prevents a government lawyer of another jurisdiction from being granted or holding a local practising certificate.

      (5) In this section –

"another jurisdiction" means –

(a) another State or a Territory of the Commonwealth; or

(b) the Commonwealth;

"government agency" of another jurisdiction means –

(a) a government department of that jurisdiction; or

(b) a body or organisation that is established by or under the law of that jurisdiction for a public purpose or to perform governmental functions, and includes a body or organisation (or a class of bodies or organisations) prescribed by the regulations as being within this definition;

"government lawyer" means an Australian lawyer, or a person eligible for admission to the legal profession, employed by a government agency of another jurisdiction.



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