38Conditions on practising certificate—government lawyer

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 in-house lawyer. (2) The relevant council must not grant or renew a local practising certificate unless the relevant council— (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 lawyer engaged in government work; or (b) for an application by an in-house lawyer—imposes a condition on the certificate that the in-house lawyer for a corporation must not engage in legal practice otherwise than by providing in- house legal services to the corporation (or a related body corporate).

(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 in-house lawyer—see section 33.