16Prohibition on engaging in legal practice if not entitled

16 Prohibition on engaging in legal practice if not entitled (a) the person engages in legal practice in the ACT; and (b) the person is not an Australian legal practitioner. Examples of engaging in legal practice 1 preparing a will or other testamentary instrument 2 preparing an instrument creating or regulating rights between people 3 preparing an instrument relating to property or a legal proceeding 4 acting as advocate for someone in a proceeding before a court or tribunal 5 preparing papers to be used in support of, or opposition to, an application for the grant of probate or letters of administration (2) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that the defendant did not engage in the legal practice for fee, gain or reward. (3) Subsection (1) does not apply to engaging in legal practice of the following kinds: (a) legal practice engaged in under a territory law or a law of the Commonwealth; (b) legal practice engaged in by an incorporated legal practice in accordance with part 2.6 (Incorporated legal practices and multidisciplinary partnerships); (c) the practice of foreign law by an Australian-registered foreign lawyer in accordance with part 2.7 (Legal practice—foreign lawyers); (d) legal practice engaged in by a complying community legal centre; Note For the meaning of complying community legal centre, see s 208. (e) legal practice prescribed by regulation. (4) Subsection (1) also does not apply to— (a) an employee providing legal services to their employer or a related entity if the employee— (i) acts in the ordinary course of their employment; and (ii) receives no fee, gain or reward for acting other than their ordinary remuneration as an employee; or (b) an agent or assistant property agent under the Agents Act 2003 inserting details mentioned in that Act, section 89B (1) (a) or (b) into a proposed contract to which that subsection applies; or (c) a public employee, a member of the Australian Public Service or a member of the defence force preparing an instrument, or carrying out any other activity, in the course of their duties; or (d) an employee of a trustee company under the Trustee Companies Act 1947 preparing a will, or carrying out any other activity, in the course of their duties; or (e) a person declared exempt from subsection (1) under a (5) Subsection (1) has effect subject to any territory law or law of the Commonwealth that authorises a person to engage in conduct that is engaging in legal practice. (6) A person is not entitled to recover any amount in relation to anything the person did in contravention of subsection (1). (7) A person may recover from someone else, as a debt owing to the person, any amount the person paid to the other person in relation to anything the other person did in contravention of subsection (1). (8) A regulation may make provision in relation to the application (with or without change) of provisions of this Act to people engaged in legal practice of a kind mentioned in subsection (3) (other than paragraphs (a) and (b)) or people mentioned in subsection (4). (9) In this section: