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Legal Profession Act 2006
172Requirements for applications for grant or renewal of
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172 Requirements for applications for grant or renewal of
registration—foreign lawyers
(1) An application for grant of registration as a foreign lawyer must state
the applicant’s educational and professional qualifications.
(2) An application for grant or renewal of registration as a foreign lawyer
must—
(a) state that the applicant is registered to engage in legal practice
by 1 or more stated foreign registration authorities in 1 or more
stated foreign countries; and
(b) state that the applicant is not an Australian legal practitioner;
and
Division 2.7.4 Applications for grant or renewal of local registration as foreign lawyer
(c) state that the applicant is not the subject of disciplinary
proceedings in Australia or a foreign country (including any
preliminary investigations or action that might lead to
disciplinary proceedings) in the applicant’s capacity as—
(i) an overseas-registered foreign lawyer; or
(ii) an Australian-registered foreign lawyer; or
(iii) an Australian lawyer; and
(d) state whether the applicant has been convicted of an offence in
Australia or a foreign country and, if so, state—
(i) the nature of the offence; and
(ii) how long ago the offence was committed; and
(iii) the applicant’s age when the offence was committed; and
(e) state that the applicant’s registration is not cancelled or currently
suspended in any place because of any disciplinary action in
Australia or a foreign country; and
(f) state—
(i) that the applicant is not otherwise personally prohibited
from engaging in legal practice in any place or bound by
any undertaking not to engage in legal practice in any
place; and
(ii) whether or not the applicant is subject to any special
conditions in engaging in legal practice in any place;
because of any criminal, civil or disciplinary proceeding in
Australia or a foreign country; and
(g) state any special conditions imposed in Australia or a foreign
country as a restriction on legal practice engaged in by the
applicant or any undertaking given by the applicant restricting
the applicant’s practice of law; and
Applications for grant or renewal of local registration as foreign lawyer Division 2.7.4
(h) give consent to the making of inquiries of, and the exchange of
information with, any foreign registration authorities the
relevant council considers appropriate about the applicant’s
activities in engaging in legal practice in the places concerned
or otherwise about matters relevant to the application; and
(i) state which of section 165 (2), (3) or (4) (Professional indemnity
insurance—Australian-registered foreign lawyers) the applicant
proposes to rely on and be accompanied by supporting proof of
the relevant matters; and
(j) provide the information or be accompanied by the other
information or documents (or both) that is stated in the
application form or in material accompanying the application
form as provided by the relevant council.
(3) The application must (if the relevant council requires) be
accompanied by an original instrument, or a copy of an original
instrument, from each foreign licensing body stated in the application
(a) verifies the applicant’s educational and professional
qualifications; and
(b) verifies the applicant’s registration by the foreign licensing body
to engage in legal practice in the foreign country concerned, and
the date of registration; and
(c) describes anything done by the applicant in engaging in legal
practice in the foreign country of which the foreign licensing
body is aware and that, in the body’s opinion, has had or is likely
to have had an adverse effect on the applicant’s professional
standing within the legal profession of that place.
(4) The applicant must (if the relevant council requires) certify in the
application that the accompanying instrument is the original or a
complete and accurate copy of the original.
(5) The relevant council may require the applicant to verify the
statements in the application by proof acceptable to the relevant
(6) If the accompanying instrument is not in English, it must be
accompanied by a translation in English that is authenticated or
certified to the satisfaction of the relevant council.
(7) This section does not limit the Legislation Act, section 255 (Forms).
Division 2.7.5 Grant or renewal of registration as