48Q   Entitlement of interstate legal practitioners to practise in this State

(1)  A person who holds a current interstate practising certificate issued or given by a regulatory authority in any other State or a Territory is, by and subject to this Act, entitled to practise law in this State:

(a)  as if the interstate practising certificate were a practising certificate issued under Part 3 by the Bar Council or the Law Society Council, and

(b)  as if any conditions to which his or her practice of law in the other State or the Territory is subject under the interstate practising certificate were conditions attached to the practice of law in this State by a practising certificate issued under Part 3.

(2)  Without limiting anything in this Part, a person is entitled to practise law in this State only if the person does so:

(a)  in compliance with any applicable requirements of this and any other Act relating to the practice of law that would apply to a local legal practitioner holding a practising certificate to which conditions corresponding to those attached to the interstate practising certificate were attached, and

Note. Interstate legal practitioners are, for example, officers of the Supreme Court (see section 5) and are subject to the barristers rules, solicitors rules and joint rules and to requirements relating to matters such as advertising and specialisation (see sections 38G–38O) and the disciplinary processes set out in Part 10. Those who establish offices are also subject to other requirements. See sections 48T and 48U.

(b)  subject to any conditions imposed on the person by a regulatory authority in this State or any other State or a Territory as a result of disciplinary action or that are of a kind referred to in section 33 (1) (a) or (b).

(3)  A contravention of this section does not of itself amount to a breach of this Act. However, failure to comply with this section is capable of being professional misconduct or unsatisfactory professional conduct.

(4)  A condition imposed on a person by a regulatory authority in this State or any other State or a Territory has no effect for the purposes of this section to the extent (if any) to which it is inconsistent with a more onerous condition imposed on the person by another regulatory authority.