7Presumptions about taking or using name, title or description

7 Presumptions about taking or using name, title or description

(1)  In this regulation –

Australian law means a law of the Commonwealth or of a State or Territory;

employee, of an entity, means a person who is employed or engaged under a contract of service or contract for services in or by the entity whether or not –

(a) the person works full-time, part-time, or on a temporary or casual basis; or

(b) the person is a law clerk or article clerk;

government agency means –

(a) a government department of the Commonwealth or of a State or Territory; or

(b) a body that is established by or under the law of the Commonwealth or of a State or Territory for a public purpose or to exercise governmental functions –

and includes a body or organisation (or a class of bodies or organisations) prescribed by the regulations as being within the definition of government agency in section 91 of the Act.

(2)  For the purposes of section 15(2) of the Act, the kinds of persons specified in the third column of the table in this subregulation are persons who are entitled, in the circumstances specified opposite in the fourth column, to take or use a name, title or description specified opposite in the second column.

| Column 1 | Column 2 | Column 3 | Column 4 | | Item no. | Name, title or description | Kinds of persons who are entitled to take or use name, title or description | Circumstances in which the persons are entitled to take or use name, title or description | | 1. | legal practitioner | Australian legal practitioner | all circumstances (no restriction) | | 2. | legal practitioner | Australian lawyer | when the Australian lawyer, not holding an Australian practising certificate, engages in legal practice as an employee of a government agency in circumstances in which an Australian law permits an Australian lawyer to engage in legal practice of that kind without having to hold an Australian practising certificate | | 3. | barrister and solicitor, or solicitor and barrister, or solicitor, or attorney | Australian legal practitioner | when the Australian legal practitioner holds an Australian practising certificate and engages in legal practice in the manner of a solicitor | | 4. | barrister and solicitor, or solicitor and barrister, or solicitor, or attorney | Australian lawyer | when the Australian lawyer, not holding an Australian practising certificate, engages in legal practice in the manner of a solicitor as an employee of a government agency in circumstances in which an Australian law permits an Australian lawyer to engage in legal practice of that kind without having to hold an Australian practising certificate | | 5. | barrister | Australian legal practitioner | when the Australian legal practitioner holds – | | | | | (a) a current local practising certificate to practise as or in the manner of a barrister; or | | | | | (b) a current interstate practising certificate that entitles the practitioner to engage in legal practice only as or in the manner of a barrister | | 6. | barrister | Australian lawyer | when the Australian lawyer, not holding an Australian practising certificate, engages in legal practice in the manner of a barrister as an employee of a government agency in circumstances in which an Australian law permits an Australian lawyer to engage in legal practice of that kind without having to hold an Australian practising certificate | | 7. | counsel | Australian legal practitioner | all circumstances (no restriction) | | 8. | counsel | Australian lawyer | when the Australian lawyer, not holding an Australian practising certificate, engages in legal practice as an employee of a government agency in circumstances in which an Australian law permits an Australian lawyer to engage in legal practice of that kind without having to hold an Australian practising certificate | | 9. | counsel | Australian lawyer | when the Australian lawyer, not holding an Australian practising certificate, provides legal services to his or her employer, or to a related entity, in the ordinary course of his or her employment and for no fee, gain or reward other than his or her ordinary remuneration as an employee | | 10. | Senior Counsel or SC | Australian lawyer | when the Australian lawyer currently holds the status of Senior Counsel, as recognised by the High Court or a Supreme Court of any jurisdiction | | 11. | Queen's Counsel or QC, or King's Counsel or KC, or Her Majesty's Counsel, or His Majesty's Counsel | Australian lawyer | when the Australian lawyer currently holds the appropriate status, as conferred by the Crown in any capacity or as recognised by the High Court or a Supreme Court of any jurisdiction | | 12. | attorney | Australian-registered foreign lawyer | when entitled to use the name, title or description under section 170 of the Act | | 13. | attorney | patent attorney | when using the expression "patent attorney" | | 14. | attorney | donee of a power of attorney | when indicating that the donee holds or is acting under a power of attorney | | 15. | attorney | Attorney-General of any jurisdiction, the Commonwealth or a foreign country | all circumstances (no restriction) | | 16. | solicitor | Solicitor-General of any jurisdiction, the Commonwealth or a foreign country | all circumstances (no restrictions) |