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Legal Practitioners Act 1981
Part 10Interstate-registered foreign lawyers
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Part 10—Interstate-registered foreign lawyers
46—Extent of entitlement of interstate-registered foreign lawyers to practise in this jurisdiction
(1) This Schedule 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 Society under clause 47; and
(ii) any conditions imposed by or under the legal profession rules as referred to in that clause; 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 subclause (2)(a) and conditions mentioned in subclause (2)(b), the conditions that are, in the opinion of the Society, 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 clause.
47—Additional conditions on practice of interstate-registered foreign lawyers
(1) The Society 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 clause must not be more onerous than conditions applying to locally registered foreign lawyers in the same or similar circumstances.