ACTIn ForceAct
Legal Profession Act 2006
159Application of Australian professional ethical and
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159 Application of Australian professional ethical and
practice standards to practice of foreign law
(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 the ACT, be capable of being professional misconduct or
unsatisfactory professional conduct.
(2) Chapter 4 (Complaints and discipline) applies—
(a) to a person who—
(i) is an Australian-registered foreign lawyer; or
(ii) was an Australian-registered foreign lawyer when the
relevant conduct allegedly happened, 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
(b) as if references in chapter 4 to an Australian legal practitioner
were references to a person of that kind.
(3) A regulation may make provision in relation to the application (with
or without change) of the provisions of chapter 4 for this section.
(4) Without limiting the matters that may be taken into account in
deciding 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 intentionally 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.