Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) An Australian lawyer may apply to the licensing body for the grant or renewal of a local practising certificate if the lawyer is eligible to apply for the grant or renewal.
Note 1 If a form is approved under s 83 for this provision, the form must be used.
Note 2 A fee may be determined under s 84 for this provision.
(2) An Australian lawyer is eligible to apply for the grant or renewal of a local practising certificate if the lawyer complies with the regulations and legal profession rules in relation to eligibility for the practising certificate and—
(a) if the lawyer is not an Australian legal practitioner at the time of making the application—
(i) the lawyer reasonably expects to be engaged in legal practice principally in the ACT during the currency of the certificate applied for; or
(ii) if it is not reasonably practicable to establish whether subparagraph (i) applies—the lawyer's place of residence in Australia is in the ACT or the lawyer does not have a place of residence in Australia; or
(b) if the lawyer is an Australian legal practitioner at the time of making the application—
(i) the jurisdiction in which the lawyer engages in legal practice principally is the ACT; or
(ii) the lawyer holds a local practising certificate and engages in legal practice in another jurisdiction under an arrangement that is of a temporary nature; or
(iii) the lawyer reasonably expects to be engaged in legal practice principally in the ACT during the currency of the certificate applied for; or
(iv) the lawyer's place of residence in Australia is the ACT; or
(v) if it is not reasonably practicable to establish whether subparagraph (i), (ii) or (iii) applies—the lawyer's place of residence in Australia is in the ACT or the lawyer does not have a place of residence in Australia; or
(c) if the lawyer is an Australian legal practitioner prescribed by regulation for this paragraph.
(3) For subsection (2) (b), the jurisdiction in which an Australian lawyer engages in legal practice principally is to be decided by reference to the lawyer's legal practice during the certificate period current at the time—
(a) the application is made; or
(b) for a late application—the application should have been made.
(4) Without limiting subsection (2), an Australian lawyer is not eligible to apply for the grant or renewal of a local practising certificate in relation to a financial year if the lawyer would also be the holder of another Australian practising certificate for the year.
(5) An Australian lawyer must not apply for the grant or renewal of a local practising certificate if the lawyer is not eligible to make the application.
(6) An Australian legal practitioner who engages in legal practice principally in the ACT during a financial year and reasonably expects to engage in legal practice in the next financial year must apply for the grant or renewal of a local practising certificate in relation to the next financial year.
(7) A reference in this section to engaging in legal practice principally in a jurisdiction applies only to legal practice in Australia.
Example
An Australia lawyer who engages or expects to engage in legal practice principally in a foreign country may be eligible to apply for grant or renewal of a local practising certificate if other requirements for eligibility are met.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(8) A regulation under subsection (2) (c) may limit the kind of practising certificate for which a lawyer prescribed for that paragraph may apply for grant or renewal.