Legal Profession Act 2004 No 112
Current version for 4 July 2014 to date (accessed 24 November 2014 at 00:19)
Chapter 2Part 2.7

Part 2.7 Legal practice by foreign lawyers

Division 1 Preliminary

183   Purpose

The purpose of this Part is to encourage and facilitate the internationalisation of legal services and the legal services sector by providing a framework for the regulation of the practice of foreign law in this jurisdiction by foreign lawyers as a recognised aspect of legal practice in this jurisdiction.

184   Definitions

In this Part:

Australia includes the external Territories.

Australian law means law of the Commonwealth or of a jurisdiction.

domestic registration authority means the Bar Council or the Law Society Council.

foreign law means law of a foreign country.

foreign law practice means a partnership or corporate entity that is entitled to engage in legal practice in a foreign country.

foreign registration authority means an entity in a foreign country having the function, conferred by the law of the foreign country, of registering persons to engage in legal practice in the foreign country.

local registration certificate means a registration certificate given under this Part.

overseas-registered foreign lawyer means a natural person who is properly registered to engage in legal practice in a foreign country by the foreign registration authority for the country.

practise foreign law means doing work, or transacting business, in this jurisdiction concerning foreign law, being work or business of a kind that, if it concerned the law of this jurisdiction, would ordinarily be done or transacted by an Australian legal practitioner.

registered, when used in connection with a foreign country, means having all necessary licences, approvals, admissions, certificates or other forms of authorisation (including practising certificates) required by or under legislation for engaging in legal practice in that country.

Note. The terms Australian-registered foreign lawyer, foreign country, interstate-registered foreign lawyer and locally registered foreign lawyer are defined in section 4 (Definitions).

185   This Part does not apply to Australian legal practitioners

(1)  This Part does not apply to an Australian legal practitioner (including an Australian legal practitioner who is also an overseas-registered foreign lawyer).
(2)  Accordingly, nothing in this Part requires or enables an Australian legal practitioner (including an Australian legal practitioner who is also an overseas-registered foreign lawyer) to be registered as a foreign lawyer under this Act in order to practise foreign law in this jurisdiction.

Division 2 Practice of foreign law

186   Requirement for registration

(1)  A person must not practise foreign law in this jurisdiction unless the person is:
(a)  an Australian-registered foreign lawyer, or
(b)  an Australian legal practitioner.

Maximum penalty: 200 penalty units.

(2)  However, a person does not contravene subsection (1) if the person is an overseas-registered foreign lawyer:
(a)  who:
(i)  practises foreign law in this jurisdiction for one or more periods that do not in aggregate exceed 90 days in any period of 12 months, or
(ii)  is subject to a restriction imposed under the Migration Act 1958 of the Commonwealth that has the effect of limiting the period during which work may be done, or business transacted, in Australia by the person, and
(b)  who:
(i)  does not maintain an office for the purpose of practising foreign law in this jurisdiction, or
(ii)  does not become a partner or director of a law practice.

187   Entitlement of Australian-registered foreign lawyer to practise in this jurisdiction

An Australian-registered foreign lawyer is, subject to this Act, entitled to practise foreign law in this jurisdiction.

188   Scope of practice

(1)  An Australian-registered foreign lawyer may provide only the following legal services in this jurisdiction:
(a)  doing work, or transacting business, concerning the law of a foreign country where the lawyer is registered by the foreign registration authority for the country,
(b)  legal services (including appearances) in relation to arbitration proceedings of a kind prescribed under the regulations,
(c)  legal services (including appearances) in relation to proceedings before bodies other than courts, being proceedings in which the body concerned is not required to apply the rules of evidence and in which knowledge of the foreign law of a country referred to in paragraph (a) is essential,
(d)  legal services for conciliation, mediation and other forms of consensual dispute resolution of a kind prescribed under the regulations.
(2)  Nothing in this Act authorises an Australian-registered foreign lawyer to appear in any court (except on the lawyer’s own behalf) or to practise Australian law in this jurisdiction.
(3)  Despite subsection (2), an Australian-registered foreign lawyer may advise on the effect of an Australian law if:
(a)  the giving of advice on Australian law is necessarily incidental to the practice of foreign law, and
(b)  the advice is expressly based on advice given on the Australian law by an Australian legal practitioner who is not an employee of the foreign lawyer.

189   Form of practice

(1)  An Australian-registered foreign lawyer may (subject to any conditions attaching to the foreign lawyer’s registration) practise foreign law:
(a)  on the foreign lawyer’s own account, or
(b)  in partnership with one or more Australian-registered foreign lawyers or one or more Australian legal practitioners, or both, in circumstances where, if the Australian-registered foreign lawyer were an Australian legal practitioner, the partnership would be permitted under a law of this jurisdiction, or
(c)  as a director or employee of an incorporated legal practice or a partner or employee of a multi-disciplinary partnership that is permitted by a law of this jurisdiction, or
(d)  as an employee of an Australian legal practitioner or law firm in circumstances where, if the Australian-registered foreign lawyer were an Australian legal practitioner, the employment would be permitted under a law of this jurisdiction, or
(e)  as an employee of an Australian-registered foreign lawyer.
(2)  An affiliation referred to in subsection (1) (b)–(e) does not entitle the Australian-registered foreign lawyer to practise Australian law in this jurisdiction.

190   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 being professional misconduct or unsatisfactory professional conduct.
(2)  Chapter 4 (Complaints and discipline) 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 occurred, 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 4 to an Australian legal practitioner were references to a person of that kind.
(3)  The regulations may make provision with respect to the application (with or without modification) of the provisions of Chapter 4 for the purposes of this section.
(4)  Without limiting the matters that may be taken into account in determining 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 any other 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.

191   Designation

(1)  An Australian-registered foreign lawyer may use only the following designations:
(a)  the lawyer’s own name,
(b)  a title or business name the lawyer is authorised by law to use in a foreign country where the lawyer is registered by a foreign registration authority,
(c)  subject to this section, the name of a foreign law practice with which the lawyer is affiliated or associated (whether as a partner, director, employee or otherwise),
(d)  if the lawyer is a principal of any law practice in Australia whose principals include both one or more Australian-registered foreign lawyers and one or more Australian legal practitioners—a description of the practice that includes reference to both Australian legal practitioners and Australian-registered foreign lawyers (for example, “Solicitors and locally registered foreign lawyers” or “Australian solicitors and US attorneys”).
(2)  An Australian-registered foreign lawyer who is a principal of a foreign law practice may use the practice’s name in or in connection with practising foreign law in this jurisdiction only if:
(a)  the lawyer indicates, on the lawyer’s letterhead or any other document used in this jurisdiction to identify the lawyer as an overseas-registered foreign lawyer, that the foreign law practice practises only foreign law in this jurisdiction, and
(b)  the lawyer has provided the domestic registration authority with acceptable evidence that the lawyer is a principal of the foreign law practice.
(3)  An Australian-registered foreign lawyer who is a principal of a foreign law practice may use the name of the practice as referred to in this section whether or not other principals of the practice are Australian-registered foreign lawyers.
(4)  This section does not authorise the use of a name or other designation that contravenes any requirements of the law of this jurisdiction concerning the use of business names or that is likely to lead to any confusion with the name of any established domestic law practice or foreign law practice in this jurisdiction.

192   Letterhead and other identifying documents

(1)  An Australian-registered foreign lawyer must indicate, in each public document distributed by the lawyer in connection with the lawyer’s practice of foreign law, the fact that the lawyer is an Australian-registered foreign lawyer and is restricted to the practice of foreign law.
(2)  Subsection (1) is satisfied if the lawyer includes in the public document the words:
(a)  “registered foreign lawyer” or “registered foreign practitioner”, and
(b)  “entitled to practise foreign law only”.
(3)  An Australian-registered foreign lawyer may (but need not) include any or all of the following on any public document:
(a)  an indication of all foreign countries in which the lawyer is registered to engage in legal practice,
(b)  a description of himself or herself, and any law practice with which the lawyer is affiliated or associated, in any of the ways designated in section 191 (Designation).
(4)  In this section:

public document includes any business letter, statement of account, invoice, business card, and promotional and advertising material.

193   Advertising

(1)  An Australian-registered foreign lawyer is required to comply with any advertising restrictions imposed by the domestic registration authority or by law on legal practice engaged in by an Australian legal practitioner that are relevant to legal practice engaged in in this jurisdiction.
(2)  Without limiting subsection (1), an Australian-registered foreign lawyer must not advertise (or use any description on the lawyer’s letterhead or any other document used in this jurisdiction to identify the lawyer as a lawyer) in any way that:
(a)  might reasonably be regarded as:
(i)  false, misleading or deceptive, or
(ii)  suggesting that the Australian-registered foreign lawyer is an Australian legal practitioner, or
(b)  contravenes any requirements of the regulations.

194   Foreign lawyer employing Australian legal practitioner

(1)  An Australian-registered foreign lawyer may employ one or more Australian legal practitioners.
(2)  Employment of an Australian legal practitioner does not entitle an Australian-registered foreign lawyer to practise Australian law in this jurisdiction.
(3)  An Australian legal practitioner employed by an Australian-registered foreign lawyer may practise foreign law.
(4)  An Australian legal practitioner employed by an Australian-registered foreign lawyer must not:
(a)  provide advice on Australian law to, or for use by, the Australian-registered foreign lawyer, or
(b)  otherwise practise Australian law in this jurisdiction in the course of that employment.
(5)  Subsection (4) does not apply to an Australian legal practitioner employed by a law firm a partner of which is an Australian-registered foreign lawyer, if at least one other partner is an Australian legal practitioner.
(6)  Any period of employment of an Australian legal practitioner by an Australian-registered foreign lawyer cannot be used to satisfy a requirement imposed by a condition on a local practising certificate to complete a period of supervised legal practice.

195   Trust money and trust accounts

(1)  The provisions of Part 3.1 (Trust money and trust accounts), and any other provisions of this Act, the regulations or any legal profession rule relating to requirements for trust money and trust accounts, apply (subject to this section) to Australian-registered foreign lawyers in the same way as they apply to law practices and Australian legal practitioners.
(2)  In this section, a reference to money is not limited to a reference to money in this jurisdiction.
(3)  The regulations may make provision with respect to the application (with or without modification) of the provisions of this Act, the regulations or any legal profession rule relating to trust money and trust accounts for the purposes of this section.

196   Professional indemnity insurance

(1)  An Australian-registered foreign lawyer must, at all times while practising foreign law in this jurisdiction, comply with one of the following:
(a)  the foreign lawyer must have professional indemnity insurance that conforms with the requirements for professional indemnity insurance applicable for Australian legal practitioners in any jurisdiction,
(b)  if the foreign lawyer does not have professional indemnity insurance that complies with paragraph (a)—the foreign lawyer:
(i)  must have professional indemnity insurance that covers the practice of foreign law in this jurisdiction and that complies with the relevant requirements of a foreign law or foreign registration authority, and
(ii)  if the insurance is for less than $1.5 million (inclusive of defence costs)—must provide a disclosure statement to each client disclosing the level of cover,
(c)  if the foreign lawyer does not have professional indemnity insurance that complies with paragraph (a) or (b)—the foreign lawyer must provide a disclosure statement to each client stating that the lawyer does not have complying professional indemnity insurance.
(2)  A disclosure statement must be made in writing before, or as soon as practicable after, the foreign lawyer is retained in the matter.
(3)  A disclosure statement provided to a person before the foreign lawyer is retained in a matter is taken to be provided to the person as a client for the purposes of this section.
(4)  A disclosure statement is not valid unless it is given in accordance with, and otherwise complies with, any applicable requirements of the regulations.

197   Fidelity cover

(1)  The regulations may provide that provisions of Part 3.4 (Fidelity cover) apply to prescribed classes of Australian-registered foreign lawyers and so apply with any modifications specified in the regulations.
Note. Section 398 applies the provisions of Part 3.2 to Australian-registered foreign lawyers.
(2)  The regulations may make provision for or with respect to payments by locally registered foreign lawyers of contributions to the Fidelity Fund.

Division 3 Local registration of foreign lawyers generally

198   Local registration of foreign lawyers

Overseas-registered foreign lawyers may be registered as foreign lawyers under this Act.

199   Duration of registration

(1)  Registration as a foreign lawyer granted under this Act is in force from the day specified in the local registration certificate until the end of the financial year in which it is granted, unless the registration is sooner suspended or cancelled.
(2)  Registration as a foreign lawyer renewed under this Act is in force until the end of the financial year following its previous period of currency, unless the registration is sooner suspended or cancelled.
(3)  If an application for the renewal of registration as a foreign lawyer has not been determined by the following 1 July, the registration:
(a)  continues in force on and from that 1 July until the domestic registration authority renews or refuses to renew the registration or the holder withdraws the application for renewal, unless the registration is sooner suspended or cancelled, and
(b)  if renewed, is taken to have been renewed on and from that 1 July.

200   Locally registered foreign lawyer is not officer of Supreme Court

A locally registered foreign lawyer is not an officer of the Supreme Court.

Division 4 Applications for grant or renewal of local registration

201   Application for grant or renewal of registration

An overseas-registered foreign lawyer may apply to a domestic registration authority for the grant or renewal of registration as a foreign lawyer under this Act.

202   Manner of application

(1)  An application for the grant or renewal of registration as a foreign lawyer must be:
(a)  made in the approved form, and
(b)  accompanied by the fees determined by the domestic registration authority.
(2)  Different fees may be set according to different factors determined by the domestic registration authority.
(3)  The fees are not to be greater than the maximum fees for a local practising certificate.
(4)  The domestic registration authority may also require the applicant to pay any reasonable costs and expenses incurred by the authority in considering the application, including (for example) costs and expenses of making inquiries and obtaining information or documents about whether the applicant meets the criteria for registration.
(5)  The fees and costs must not include any component for compulsory membership of any professional association.
(6)  The approved form may require the applicant to disclose:
(a)  matters that may affect the domestic registration authority’s consideration of the application for the grant or renewal of registration, and
(b)  particulars of any offences for which the applicant has been convicted in Australia or a foreign country, whether before or after the commencement of this section.
(7)  The approved form may indicate that convictions of a particular kind need not be disclosed for the purposes of the current application.
(8)  The approved form may indicate that specified kinds of matters or particulars previously disclosed in a particular manner need not be disclosed for the purposes of the current application.

203   Requirements regarding applications for grant or renewal of registration

(1)  An application for grant of registration must state the applicant’s educational and professional qualifications.
(2)  An application for grant or renewal of registration must:
(a)  state that the applicant is registered to engage in legal practice by one or more specified foreign registration authorities in one or more foreign countries, and
(b)  state that the applicant is not an Australian legal practitioner, and
(c)  state that the applicant is not the subject of disciplinary proceedings in Australia or a foreign country (including any preliminary investigations or action that might lead to disciplinary proceedings) in his or her capacity as:
(i)  an overseas-registered foreign lawyer, or
(ii)  an Australian-registered foreign lawyer, or
(iii)  an Australian lawyer, and
(d)  state whether the applicant has been convicted of an offence in Australia or a foreign country, and if so:
(i)  the nature of the offence, and
(ii)  how long ago the offence was committed, and
(iii)  the applicant’s age when the offence was committed, and
(e)  state that the applicant’s registration is not cancelled or currently suspended in any place as a result of any disciplinary action in Australia or a foreign country, and
(f)  state:
(i)  that the applicant is not otherwise personally prohibited from engaging in legal practice in any place or bound by any undertaking not to engage in legal practice in any place, and
(ii)  whether or not the applicant is subject to any special conditions in engaging in legal practice in any place,
as a result of criminal, civil or disciplinary proceedings in Australia or a foreign country, and
(g)  specify any special conditions imposed in Australia or a foreign country as a restriction on legal practice engaged in by the applicant or any undertaking given by the applicant restricting legal practice by the applicant, and
(h)  give consent to the making of inquiries of, and the exchange of information with, any foreign registration authorities the domestic registration authority considers appropriate regarding the applicant’s activities in engaging in legal practice in the places concerned or otherwise regarding matters relevant to the application, and
(h1)  specify which of the paragraphs of section 196 (1) the applicant proposes to rely on and be accompanied by supporting proof of the relevant matters, and
(i)  provide the information or be accompanied by the other information or documents (or both) that is specified in the application form or in material accompanying the application form as provided by the domestic registration authority.
(3)  The application must (if the domestic registration authority so requires) be accompanied by an original instrument, or a copy of an original instrument, from each foreign registration authority specified in the application that:
(a)  verifies the applicant’s educational and professional qualifications, and
(b)  verifies the applicant’s registration by the authority to engage in legal practice in the foreign country concerned, and the date of registration, and
(c)  describes anything done by the applicant in engaging in legal practice in that foreign country of which the authority is aware and that, in the opinion of the authority, has had or is likely to have had an adverse effect on the applicant’s professional standing within the legal profession of that place.
(4)  The applicant must (if the domestic registration authority so requires) certify in the application that the accompanying instrument is the original or a complete and accurate copy of the original.
(5)  The domestic registration authority may require the applicant to verify the statements in the application by statutory declaration or by other proof acceptable to the authority.
(6)  If the accompanying instrument is not in English, it must be accompanied by a translation in English that is authenticated or certified to the satisfaction of the domestic registration authority.

Division 5 Grant or renewal of registration

204   Grant or renewal of registration

(1)  The domestic registration authority must consider an application that has been made for the grant or renewal of registration as a foreign lawyer and may:
(a)  grant or refuse to grant the registration, or
(b)  renew or refuse to renew the registration,
and in granting or renewing the registration may impose conditions as referred to in section 224 (Conditions imposed by domestic registration authority).
(1A)  The domestic registration authority may, when granting or renewing registration, impose conditions as referred to in section 224 (Conditions imposed by domestic registration authority).
(2)  If the domestic registration authority grants or renews registration, the authority must, as soon as practicable, give the applicant a registration certificate or a notice of renewal.
(2A)  If the domestic registration authority:
(a)  refuses to grant or renew registration, or
(b)  imposes a condition of the registration and the applicant does not agree to the condition,
the authority must, as soon as practicable, give the applicant an information notice.
(3)  If the domestic registration authority refuses to grant or renew registration, the domestic registration authority must, as soon as practicable, give the applicant an information notice.
(4)  A notice of renewal may be in the form of a new registration certificate or any other form the authority considers appropriate.

205   Requirement to grant or renew registration if criteria satisfied

(1)  The domestic registration authority must grant an application for registration as a foreign lawyer if the domestic registration authority:
(a)  is satisfied the applicant is registered to engage in legal practice in one or more foreign countries and is not an Australian legal practitioner, and
(b)  considers an effective system exists for regulating engaging in legal practice in one or more of the foreign countries, and
(c)  considers the applicant is not, as a result of criminal, civil or disciplinary proceedings in any of the foreign countries, subject to:
(i)  any special conditions in engaging in legal practice in any of the foreign countries, or
(ii)  any undertakings concerning engaging in legal practice in any of the foreign countries,
that would make it inappropriate to register the person, and
(d)  is satisfied the applicant demonstrates an intention to commence practising foreign law in this jurisdiction within a reasonable period if registration were to be granted,
unless the authority refuses the application under this Division.
(2)  The domestic registration authority must grant an application for renewal of a person’s registration, unless the authority refuses renewal under this Division.
(3)  Residence or domicile in this jurisdiction is not to be a prerequisite for or a factor in entitlement to the grant or renewal of registration.

206   Refusal to grant or renew registration

(1)  The domestic registration authority may refuse to consider an application if it is not made in accordance with this Act or the regulations or the required fees and costs have not been paid.
(2)  The domestic registration authority may refuse to grant or renew registration if:
(a)  the application is not accompanied by, or does not contain, the information required by this Division or prescribed by the regulations, or
(b)  the applicant has contravened this Act or a corresponding law, or
(c)  the applicant has contravened an order of the Tribunal or a corresponding disciplinary body, including but not limited to an order to pay any fine or costs, or
(d)  the applicant has contravened an order of a regulatory authority of any jurisdiction to pay any fine or costs, or
(e)  the applicant has failed to comply with a requirement under this Act to pay a contribution to, or levy for, the Fidelity Fund, or
(f)  the applicant has contravened a requirement of or made under this Act about professional indemnity insurance, or
(g)  the applicant has failed to pay any expenses of receivership payable under this Act, or
(h)  the applicant’s foreign legal practice is in receivership (however described).
(3)  The domestic registration authority may refuse to grant or renew registration if an authority of another jurisdiction has under a corresponding law:
(a)  refused to grant or renew registration for the applicant, or
(b)  suspended or cancelled the applicant’s registration.
(4)  The domestic registration authority may refuse to grant registration if the authority is satisfied that the applicant is not a fit and proper person to be registered after considering:
(a)  the nature of any offence for which the applicant has been convicted in Australia or a foreign country, whether before or after the commencement of this section, and
(b)  how long ago the offence was committed, and
(c)  the person’s age when the offence was committed.
(5)  The domestic registration authority may refuse to renew registration if the authority is satisfied that the applicant is not a fit and proper person to continue to be registered after considering:
(a)  the nature of any offence for which the applicant has been convicted in Australia or a foreign country, whether before or after the commencement of this section, other than an offence disclosed in a previous application to the domestic registration authority, and
(b)  how long ago the offence was committed, and
(c)  the person’s age when the offence was committed.
(6)  The domestic registration authority may refuse to grant or renew registration on any ground on which registration could be suspended or cancelled.
(7)  If the domestic registration authority refuses to grant or renew registration, the authority must, as soon as practicable, give the applicant an information notice.
(8)  Nothing in this section affects the operation of Division 7 (Special powers in relation to local registration—show cause events).

Division 6 Amendment, suspension or cancellation of local registration

207   Application of this Division

This Division does not apply in relation to matters referred to in Division 7 (Special powers in relation to local registration—show cause events).

208   Grounds for amending, suspending or cancelling local registration

(1)  Each of the following is a ground for amending, suspending or cancelling a person’s registration as a foreign lawyer:
(a)  the registration was obtained because of incorrect or misleading information,
(b)  the person fails to comply with a requirement of this Part,
(c)  the person fails to comply with a condition imposed on the person’s registration,
(d)  the person becomes the subject of disciplinary proceedings in Australia or a foreign country (including any preliminary investigations or action that might lead to disciplinary proceedings) in his or her capacity as:
(i)  an overseas-registered foreign lawyer, or
(ii)  an Australian-registered foreign lawyer, or
(iii)  an Australian lawyer,
(e)  the person has been convicted of an offence in Australia or a foreign country,
(f)  the person’s registration is cancelled or currently suspended in any place as a result of any disciplinary action in Australia or a foreign country,
(g)  the person does not meet the requirements of section 196 (Professional indemnity insurance),
(h), (i)  (Repealed)
(j)  another ground the domestic registration authority considers sufficient.
(2)  Subsection (1) does not limit the grounds on which conditions may be imposed on registration as a foreign lawyer under section 224.

209   Amending, suspending or cancelling registration

(1)  If the domestic registration authority believes a ground exists to amend, suspend or cancel a person’s registration by it as a foreign lawyer (the proposed action), the authority must give the person a notice that:
(a)  states the proposed action and:
(i)  if the proposed action is to amend the registration in any way—states the proposed amendment, and
(ii)  if the proposed action is to suspend the registration—states the proposed suspension period, and
(b)  states the grounds for proposing to take the proposed action, and
(c)  outlines the facts and circumstances that form the basis for the authority’s belief, and
(d)  invites the person to make written representations to the authority, within a specified time not less than 7 days and not more than 28 days, as to why the proposed action should not be taken.
(2)  If, after considering all written representations made within the specified time, the domestic registration authority still believes grounds exist to take the action, the authority may:
(a)  if the notice under subsection (1) stated the proposed action was to amend the registration—amend the registration in the way specified or in another way the authority considers appropriate because of the representations, or
(b)  if the notice stated the action proposed was to suspend the registration for a specified period—suspend the registration for a period no longer than the specified period, or
(c)  if the notice stated the action proposed was to cancel the registration:
(i)  cancel the registration, or
(ii)  suspend the registration for a period, or
(iii)  amend the registration in a less onerous way the authority considers appropriate because of the representations.
(3)  The domestic registration authority may, at its discretion, consider representations made after the specified time.
(4)  The domestic registration authority must give the person notice of the authority’s decision.
(5)  If the domestic registration authority decides to amend, suspend or cancel the registration, the authority must give the person an information notice about the decision.
(6)  In this section, amend registration means amend the registration under section 224 during its currency, otherwise than at the request of the foreign lawyer concerned.

210   Operation of amendment, suspension or cancellation of registration

(1) Application of section
This section applies if a decision is made to amend, suspend or cancel a person’s registration under section 209 (Amending, suspending or cancelling registration).
(2) Action to take effect on giving of notice or specified date
Subject to subsections (3) and (4), the amendment, suspension or cancellation of the registration takes effect on the later of the following:
(a)  the day notice of the decision is given to the person,
(b)  the day specified in the notice.
(3) Grant of stay
If the registration is amended, suspended or cancelled because the person has been convicted of an offence:
(a)  the Supreme Court may, on the application of the person, order that the operation of the amendment, suspension or cancellation of the registration be stayed until:
(i)  the end of the time to appeal against the conviction, and
(ii)  if an appeal is made against the conviction—the appeal is finally decided, lapses or otherwise ends, and
(b)  the amendment, suspension or cancellation does not have effect during any period in respect of which the stay is in force.
(4) Quashing of conviction
If the registration is amended, suspended or cancelled because the person has been convicted of an offence and the conviction is quashed:
(a)  the amendment or suspension ceases to have effect when the conviction is quashed, or
(b)  the cancellation ceases to have effect when the conviction is quashed and the registration is restored as if it had merely been suspended.

211   Other ways of amending or cancelling registration

(1)  The appropriate domestic registration authority may amend or cancel the registration of a locally registered foreign lawyer if the foreign lawyer requests the authority to do so.
(2)  The appropriate domestic registration authority may amend the registration of a locally registered foreign lawyer:
(a)  for a formal or clerical reason, or
(b)  in another way that does not adversely affect the lawyer’s interests.
(3)  The amendment or cancellation of a registration under this section is effected by written notice given to the foreign lawyer.
(4)  Section 209 (Amending, suspending or cancelling registration) does not apply in a case to which this section applies.

212   Relationship of this Division with Chapter 4

Nothing in this Division prevents the domestic registration authority from making a complaint under Chapter 4 (Complaints and discipline) about a matter to which this Division relates.

Division 7 Special powers in relation to local registration—show cause events

213   Applicant for local registration—show cause event

(1)  This section applies if:
(a)  a person is applying for registration as a foreign lawyer under this Act, and
(b)  a show cause event in relation to the person happened, whether before or after the commencement of this section, after the person first became an overseas-registered foreign lawyer.
(2)  As part of the application, the person must provide to the domestic registration authority a written statement, in accordance with the regulations:
(a)  about the show cause event, and
(b)  explaining why, despite the show cause event, the applicant considers himself or herself to be a fit and proper person to be a locally registered foreign lawyer.
(3)  However, the person need not provide a statement under subsection (2) if the person has previously provided to the domestic registration authority a statement under this section, or a notice and statement under section 214 (Locally registered foreign lawyer—show cause event), explaining why, despite the show cause event, the person considers himself or herself to be a fit and proper person to be a locally registered foreign lawyer.
(4)  A contravention of subsection (2) is professional misconduct.

214   Locally registered foreign lawyer—show cause event

(1)  This section applies to a show cause event that happens in relation to a locally registered foreign lawyer.
(2)  The locally registered foreign lawyer must provide to the domestic registration authority both of the following:
(a)  within 7 days after the happening of the event—written notice, in the approved form, that the event happened,
(b)  within 28 days after the happening of the event—a written statement explaining why, despite the show cause event, the person considers himself or herself to be a fit and proper person to be a locally registered foreign lawyer.
(3)  A contravention of subsection (2) is professional misconduct.
(4)  If a written statement is provided after the 28 days mentioned in subsection (2) (b), the domestic registration authority may accept the statement and take it into consideration.

215   Refusal, amendment, suspension or cancellation of local registration—failure to show cause

(1)  The domestic registration authority may refuse to grant or renew, or may amend, suspend or cancel, local registration if the applicant for registration or the locally registered foreign lawyer:
(a)  is required by section 213 (Applicant for local registration—show cause event) or 214 (Locally registered foreign lawyer—show cause event) to provide a written statement relating to a matter and has failed to provide a written statement in accordance with that requirement, or
(b)  has provided a written statement in accordance with section 213 or 214 but the authority does not consider that the applicant or foreign lawyer has shown in the statement that, despite the show cause event concerned, he or she is a fit and proper person to be a locally registered foreign lawyer.
(2)  For the purposes of this section only, a written statement accepted by the domestic registration authority under section 214 (4) is taken to have been provided in accordance with section 214.
(3)  The domestic registration authority must give the applicant or foreign lawyer an information notice about the decision to refuse to grant or renew, or to suspend or cancel, the registration.

216   Restriction on making further applications

(1)  If the domestic registration authority determines under this Division to cancel a person’s registration, the authority may also determine that the person is not entitled to apply for registration under this Part for a specified period (being a period not exceeding 5 years).
(2)  A person in respect of whom a determination has been made under this section, or under a provision of a corresponding law that corresponds to this section, is not entitled to apply for registration under this Part during the period specified in the determination.
(3)  If the domestic registration authority makes a determination under this section, the authority must, as soon as practicable, give the applicant an information notice.

217   Relationship of this Division with Chapters 4 and 6

(1)  The domestic registration authority has and may exercise powers under Part 4.4 (Investigation of complaints) of Chapter 4, and Chapter 6 (Provisions relating to investigations), in relation to a matter under this Division, as if the matter were the subject of a complaint under Chapter 4.
(2)  Accordingly, the provisions of Part 4.4 of Chapter 4, and Chapter 6, apply in relation to a matter under this Division, and so apply with any necessary modifications.
(3)  Nothing in this Division prevents a complaint from being made under Chapter 4 about a matter to which this Division relates.

Division 8 Further provisions relating to local registration

218   Immediate suspension of registration

(1)  This section applies, despite Divisions 6 and 7, if the domestic registration authority considers it necessary in the public interest to immediately suspend a person’s registration as a foreign lawyer.
(2)  The domestic registration authority may, by written notice given to the person, immediately suspend the registration until the earlier of the following:
(a)  the time at which the authority informs the person of the authority’s decision by notice under section 209,
(b)  the end of the period of 56 days after the notice is given to the person under this section.
(3)  The notice under this section must:
(a)  include an information notice about the suspension, and
(b)  state that the person may make written representations to the domestic registration authority about the suspension, and
(c)  state that the person may appeal against the suspension under section 238.
(4)  The person may make written representations to the domestic registration authority about the suspension, and the authority must consider the representations.
(5)  The domestic registration authority may revoke the suspension at any time, whether or not in response to any written representations made to it by the person.

219   Surrender of local registration certificate and cancellation of registration

(1)  A person registered as a foreign lawyer under this Part may surrender the local registration certificate to the domestic registration authority.
(2)  The domestic registration authority may cancel the surrendered registration certificate.

220   Automatic suspension or cancellation of registration on grant of practising certificate or other disciplinary action

(1)  A person’s registration as a foreign lawyer under this Part is taken to be:
(a)  cancelled if the person becomes an Australian legal practitioner, or
(b)  suspended or cancelled if a foreign registration authority suspends or cancels, or a disciplinary body of another jurisdiction corresponding to the Tribunal orders the suspension or cancellation of, the person’s registration in a foreign country because of criminal, civil or disciplinary proceedings against the person, or
(c)  cancelled if the person’s registration in a foreign country lapses.
(2)  A suspension under this section has effect while the person’s registration in the foreign country is suspended.

221   Suspension or cancellation of registration not to affect disciplinary processes

The suspension or cancellation of a person’s registration as a foreign lawyer under this Part does not affect any disciplinary processes in respect of matters arising before the suspension or cancellation.

222   Return of local registration certificate on amendment, suspension or cancellation of registration

(1)  This section applies if a person’s registration under this Part as a foreign lawyer is amended, suspended or cancelled.
(2)  The domestic registration authority may give the person a notice requiring the person to return the registration certificate to the authority in the way specified in the notice within a specified period of not less than 14 days.
(3)  The person must comply with the notice, unless the person has a reasonable excuse.

Maximum penalty: 20 penalty units.

(4)  If the registration is amended, the domestic registration authority must return the registration certificate to the person as soon as practicable after amending it.

Division 9 Conditions on registration

223   Conditions generally

(1)  Registration as a foreign lawyer under this Part is subject to:
(a)  any conditions imposed by the domestic registration authority, and
(b)  any statutory conditions imposed by this or any other Act, and
(c)  any conditions imposed by or under the legal profession rules, and
(d)  any conditions imposed under Chapter 4 (Complaints and discipline) or under provisions of a corresponding law that correspond to Chapter 4.
(2)  If a condition is imposed, varied or revoked under this Act (other than a statutory condition) during the currency of the registration concerned, the registration certificate is to be amended by the domestic registration authority, or a new certificate is to be issued by the authority, to reflect on its face the imposition, variation or revocation.

224   Conditions imposed by domestic registration authority

(1)  The domestic registration authority may impose conditions on registration as a foreign lawyer:
(a)  when it is granted or renewed, or
(b)  during its currency.
(2)  A condition imposed under this section must be reasonable and relevant.
(3)  A condition imposed under this section may be about any of the following:
(a)  any matter in respect of which a condition could be imposed on a local practising certificate,
(b)  a matter agreed to by the foreign lawyer.
(4)  The domestic registration authority must not impose a condition under subsection (3) (a) that is more onerous than a condition that would be imposed on a local practising certificate of a local legal practitioner in the same or similar circumstances.
(5)  The domestic registration authority may vary or revoke conditions imposed by it under this section.
(6)  If the domestic registration authority imposes, varies or revokes a condition during the currency of the registration concerned, the imposition, variation or revocation takes effect when the holder has been notified of it or at a later time specified by the authority.
(7)  If the domestic registration authority imposes a condition on registration when it is granted or renewed and the foreign lawyer within one month after the grant or renewal notifies the authority in writing that he or she does not agree to the condition, the authority must, as soon as practicable, give the holder an information notice.
(8)  This section has effect subject to section 209 (Amending, suspending or cancelling registration) in relation to the imposition of a condition on registration during its currency.

225   Imposition or variation of conditions pending criminal proceedings

(1)  If a person registered as a foreign lawyer under this Part has been charged with a relevant offence but the charge has not been determined, the appropriate domestic registration authority may apply to the Tribunal for an order under this section.
(2)  On an application under subsection (1), the Tribunal, if it considers it appropriate to do so having regard to the seriousness of the offence and to the public interest, may make either or both of the following orders:
(a)  an order varying the conditions on the practitioner’s registration, or
(b)  an order imposing further conditions on the practitioner’s registration.
(3)  An order under this section has effect until the sooner of:
(a)  the end of the period specified by the Tribunal, or
(b)  if the practitioner is convicted of the offence—28 days after the day of the conviction, or
(c)  if the charge is dismissed—the day of the dismissal.
(4)  The Tribunal, on application by any party, may vary or revoke an order under this section at any time.
(5)  In this section:

relevant offence means a serious offence or an offence that would have to be disclosed under the admission rules in relation to an application for admission to the legal profession under this Act.

226   Statutory condition regarding notification of offence

(1)  It is a statutory condition of registration as a foreign lawyer that the lawyer:
(a)  must notify the domestic registration authority that the lawyer has been:
(i)  convicted of an offence that would have to be disclosed in relation to an application for registration as a foreign lawyer under this Act, or
(ii)  charged with a serious offence, and
(b)  must do so within 7 days of the event and by a written notice.
(2)  The regulations, or the legal profession rules if the regulations do not do so, may specify the form of the notice to be used and the person to whom or the address to which it is to be sent or delivered.
(3)  The giving of a notice in accordance with Division 7 (Special powers in relation to local registration—show cause events) of a conviction for a serious offence satisfies the requirements of subsection (1) (a) (i) in relation to the conviction.

227   Conditions imposed by legal profession rules

The legal profession rules may:
(a)  impose conditions on the registration of foreign lawyers or any class of foreign lawyers, or
(b)  authorise conditions to be imposed on the registration of foreign lawyers or on the registration of any class of foreign lawyers.

228   Compliance with conditions

(1)  A locally registered foreign lawyer must not contravene a condition to which the registration is subject.

Maximum penalty: 100 penalty units.

(2)  (Repealed)

Division 10 Interstate-registered foreign lawyers

229   Extent of entitlement of interstate-registered foreign lawyer to practise in this jurisdiction

(1)  This Part does not authorise an interstate-registered foreign lawyer to practise foreign law in this jurisdiction to a greater extent than a locally registered foreign lawyer could be authorised under a local registration certificate.
(2)  Also, an interstate-registered foreign lawyer’s right to practise foreign law in this jurisdiction:
(a)  is subject to:
(i)  any conditions imposed by the domestic registration authority under section 230 (Additional conditions on practice of interstate-registered foreign lawyers), and
(ii)  any conditions imposed by or under the legal profession rules as referred to in that section, and
(b)  is, to the greatest practicable extent and with all necessary changes:
(i)  the same as the interstate-registered foreign lawyer’s right to practise foreign law in the lawyer’s home jurisdiction, and
(ii)  subject to any condition on the interstate-registered foreign lawyer’s right to practise foreign law in that jurisdiction.
(3)  If there is an inconsistency between conditions mentioned in subsection (2) (a) and conditions mentioned in subsection (2) (b), the conditions that are, in the opinion of the domestic registration authority, more onerous prevail to the extent of the inconsistency.
(4)  An interstate-registered foreign lawyer must not practise foreign law in this jurisdiction in a manner not authorised by this Act or in contravention of any condition referred to in this section.
(5)  (Repealed)

230   Additional conditions on practice of interstate-registered foreign lawyers

(1)  The domestic registration authority may, by written notice to an interstate-registered foreign lawyer practising foreign law in this jurisdiction, impose any condition on the interstate-registered foreign lawyer’s practice that it may impose under this Act in relation to a locally registered foreign lawyer.
(2)  Also, an interstate-registered foreign lawyer’s right to practise foreign law in this jurisdiction is subject to any condition imposed by or under an applicable legal profession rule.
(3)  Conditions imposed under or referred to in this section must not be more onerous than conditions applying to locally registered foreign lawyers in the same or similar circumstances.
(4)  A notice under this section must include an information notice about the decision to impose a condition.

Division 11 Miscellaneous

231   Consideration and investigation of applicants and locally registered foreign lawyers

(1)  To help it consider whether or not to grant, renew, amend, suspend or cancel registration under this Part, the domestic registration authority may, by notice to the applicant or locally registered foreign lawyer, require the applicant or locally registered foreign lawyer:
(a)  to give it specified documents or information, or
(b)  to co-operate with any inquiries that it considers appropriate.
(2)  A failure to comply with a notice under subsection (1) by the date specified in the notice and in the way required by the notice is a ground for making an adverse decision in relation to the action being considered by the domestic registration authority.

232   Register of locally registered foreign lawyers

(1)  The domestic registration authority must keep a register of the names of locally registered foreign lawyers.
(2)  The register must:
(a)  state the conditions (if any) imposed on a foreign lawyer’s registration, and
(b)  include other particulars prescribed by the regulations.
(3)  The register may be kept in the way the domestic registration authority decides.
(4)  The register must be available for inspection, without charge, at the domestic registration authority’s office during normal business hours.

233   Publication of information about locally registered foreign lawyers

The domestic registration authority may publish, in circumstances that it considers appropriate, the names of persons registered by it as foreign lawyers under this Part and any relevant particulars concerning those persons.

234   Supreme Court orders about conditions

(1)  The domestic registration authority may apply to the Supreme Court for an order or injunction that an Australian-registered foreign lawyer not contravene a condition imposed under this Part.
(2)  No undertaking as to damages or costs is required.
(3)  The Supreme Court may grant an order or injunction in such terms as it considers appropriate, and make any order it considers appropriate, on the application.
(4)  This section does not affect the generality of section 720 (Injunctions).

235   Exemption by domestic registration authority

(1)  The domestic registration authority may exempt an Australian-registered foreign lawyer or class of Australian-registered foreign lawyers from compliance with a specified provision of this Act or the regulations, or from compliance with a specified rule or part of a rule that would otherwise apply to the foreign lawyer or class of foreign lawyers.
(2)  An exemption may be granted unconditionally or subject to conditions specified in writing.
(3)  The domestic registration authority may revoke or vary any conditions imposed under this section or impose new conditions.

236   Membership of professional association

An Australian-registered foreign lawyer is not required to join (but may, if eligible, join) any professional association.

237   Refund of fees

(1)  The regulations may provide for the refund of a portion of a fee paid in respect of registration as a foreign lawyer if it is suspended or cancelled during its currency.
(2)  Without limiting subsection (1), the regulations may specify:
(a)  the circumstances in which a refund is to be made, and
(b)  the amount of the refund or the manner in which the amount of the refund is to be determined.

238   Appeals or reviews

(1)  If the domestic registration authority:
(a)  refuses to grant or renew the registration of a person as a foreign lawyer, or
(b)  amends, suspends or cancels a person’s registration as a foreign lawyer, or
(c)  takes any action under Divisions 3 and 4 of Part 3.1,
the foreign lawyer may appeal to the Supreme Court against the refusal, amendment, suspension, cancellation or action.
(2)  The Supreme Court may make such an order in the matter as it thinks fit.

239   Joint rules

Practice as a locally registered foreign lawyer is subject to the legal profession rules that apply to locally registered foreign lawyers.
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