Australian Capital Territory Numbered Acts

LEGAL PROFESSION AMENDMENT ACT 2007 (NO. 28 OF 2007) - SECT 9

substitute

38     Conditions on practising certificate—government lawyer and in-house lawyer

    (1)     This section applies to the following people who apply for the grant or renewal of a local practising certificate:

        (a)     an Australian lawyer who is a government lawyer who, in the lawyer's application for the grant or renewal of the certificate, stated that the lawyer did not intend to engage in legal practice otherwise than as a government lawyer engaged in government work;

        (b)     an Australian lawyer who is employed by a corporation, that is not an incorporated legal practice, and who provides only in-house legal services to the corporation.

    (2)     The licensing body must not grant or renew a local practising certificate unless the licensing body—

        (a)     for an application by an Australian lawyer mentioned in subsection (1) (a)—imposes a condition on the certificate that the lawyer must not engage in legal practice otherwise than as a government legal officer engaged in government work; or

        (b)     for an application by an Australian lawyer mentioned in subsection (1) (b)—imposes a condition on the certificate that the lawyer must not engage in legal practice otherwise than by providing in-house legal services for a corporation by which the lawyer is employed.

    (3)     A person must comply with a condition imposed under subsection (2) on the person's practising certificate.

    (4)     A failure by an Australian lawyer to comply with subsection (3) can be unsatisfactory professional conduct or professional misconduct.