Australian Capital Territory Numbered Acts

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LEGAL PROFESSION ACT 2006 (NO. 25 OF 2006) - SECT 72

Professional indemnity insurance—interstate legal practitioners

    (1)     An interstate legal practitioner commits an offence if the practitioner—

        (a)     either—

              (i)     engages in legal practice in the ACT for fee, gain or reward; or

              (ii)     represents or advertises that the practitioner is entitled to engage in legal practice in the ACT; and

        (b)     is not covered by professional indemnity insurance that—

              (i)     covers legal practice in the ACT; and

              (ii)     is for at least the relevant amount inclusive of any legal costs arising from claims under the insurance; and

              (iii)     has been approved under, or complies with, any requirement of a corresponding law for the interstate practising certificate held by the practitioner.

Maximum penalty: 100 penalty units.

    (2)     This section does not apply to an interstate legal practitioner who is employed by a corporation, other than an incorporated legal practice, and who provides only in-house legal services to the corporation.

    (3)     This section does not apply to an interstate legal practitioner who—

        (a)     is a government employee; and

        (b)     is engaged in legal practice in the ACT only to the extent that the practitioner is exercising official functions as a government employee; and

        (c)     has indemnity or immunity that is provided by law and applies to the legal practice.

    (4)     In this section:

"fee, gain or reward "means any form of, and any expectation of, a fee, gain or reward.

"government agency" means a government department (however described) of the ACT or any other jurisdiction or of the Commonwealth, and includes an entity prescribed by regulation.

"government employee" means a person employed in a government agency.

"relevant amount" means—

        (a)     if an amount is prescribed by regulation—that amount; or

        (b)     if an amount is not prescribed by regulation—$1.5 million.



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