5Default determination of associate's home jurisdiction

5 Default determination of associate's home jurisdiction

(1)  This regulation applies to an associate of a law practice who is neither an Australian legal practitioner nor an Australian-registered foreign lawyer, if –

(a) section 8(4)(b) of the Act is applicable to the associate; and

(b) the home jurisdiction for the associate can be determined under neither subparagraph (i) nor subparagraph (ii) of that paragraph.

(2)  For the purposes of section 8(4)(b)(iii) of the Act, the home jurisdiction for the associate is to be determined in accordance with the following criteria:

(a) the jurisdiction of the associate's place of residence in Australia;

(b) if the associate does not have a place of residence in Australia, the jurisdiction of the associate's last place of residence in Australia.