sec.74Requirement for interstate practising certificate and professional indemnity insurance

### sec.74 Requirement for interstate practising certificate and professional indemnity insurance An interstate legal practitioner must not engage in legal practice in this jurisdiction, or represent or advertise that the practitioner is entitled to engage in legal practice in this jurisdiction, unless the practitioner— is covered by professional indemnity insurance that— covers legal practice in this jurisdiction; and has been approved under, or complies with the requirements of, the corresponding law of the practitioner’s home jurisdiction; and is for at least $1.5m inclusive of defence costs unless, without affecting subparagraph (i) or (ii) , the practitioner engages in legal practice solely as or in the manner of a barrister; or is employed by a corporation, other than an incorporated legal practice, and the only legal services provided by the practitioner in this jurisdiction are in-house legal services. Maximum penalty—300 penalty units or 2 years imprisonment. A regulation may require an interstate legal practitioner to disclose information about professional indemnity insurance to clients or prospective clients. This section does not apply to an interstate legal practitioner who— is a government legal officer; and is engaged in legal practice in this jurisdiction only to the extent that the practitioner is engaging in government work; and has an indemnity or immunity, whether provided by law or governmental policy, that is applicable in relation to that practice. s 74 amd 2010 No. 42 s 138 sch (sec.74-ssec.1) An interstate legal practitioner must not engage in legal practice in this jurisdiction, or represent or advertise that the practitioner is entitled to engage in legal practice in this jurisdiction, unless the practitioner— is covered by professional indemnity insurance that— covers legal practice in this jurisdiction; and has been approved under, or complies with the requirements of, the corresponding law of the practitioner’s home jurisdiction; and is for at least $1.5m inclusive of defence costs unless, without affecting subparagraph (i) or (ii) , the practitioner engages in legal practice solely as or in the manner of a barrister; or is employed by a corporation, other than an incorporated legal practice, and the only legal services provided by the practitioner in this jurisdiction are in-house legal services. Maximum penalty—300 penalty units or 2 years imprisonment. (sec.74-ssec.2) A regulation may require an interstate legal practitioner to disclose information about professional indemnity insurance to clients or prospective clients. (sec.74-ssec.3) This section does not apply to an interstate legal practitioner who— is a government legal officer; and is engaged in legal practice in this jurisdiction only to the extent that the practitioner is engaging in government work; and has an indemnity or immunity, whether provided by law or governmental policy, that is applicable in relation to that practice. - (a) is covered by professional indemnity insurance that— (i) covers legal practice in this jurisdiction; and (ii) has been approved under, or complies with the requirements of, the corresponding law of the practitioner’s home jurisdiction; and (iii) is for at least $1.5m inclusive of defence costs unless, without affecting subparagraph (i) or (ii) , the practitioner engages in legal practice solely as or in the manner of a barrister; or - (i) covers legal practice in this jurisdiction; and - (ii) has been approved under, or complies with the requirements of, the corresponding law of the practitioner’s home jurisdiction; and - (iii) is for at least $1.5m inclusive of defence costs unless, without affecting subparagraph (i) or (ii) , the practitioner engages in legal practice solely as or in the manner of a barrister; or - (b) is employed by a corporation, other than an incorporated legal practice, and the only legal services provided by the practitioner in this jurisdiction are in-house legal services. - (i) covers legal practice in this jurisdiction; and - (ii) has been approved under, or complies with the requirements of, the corresponding law of the practitioner’s home jurisdiction; and - (iii) is for at least $1.5m inclusive of defence costs unless, without affecting subparagraph (i) or (ii) , the practitioner engages in legal practice solely as or in the manner of a barrister; or - (a) is a government legal officer; and - (b) is engaged in legal practice in this jurisdiction only to the extent that the practitioner is engaging in government work; and - (c) has an indemnity or immunity, whether provided by law or governmental policy, that is applicable in relation to that practice.