Victorian Consolidated Legislation

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Legal Profession Act 2004 - SECT 2.4.41.

Government lawyers of other jurisdictions

2.4.41. 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; or

   (c)  requirements of legal profession rules; or

   (d)  professional discipline-

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 Fidelity Fund by or in
respect of a government lawyer of another jurisdiction in his or her capacity
as a government lawyer.



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

(4) 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 exercise governmental
        functions- and includes a body or organisation (or bodies or
        organisations of a class) 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 or in a government agency of another jurisdiction.



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