60Practice of foreign law without registration but for limited periods

60 Practice of foreign law without registration but for limited periods

60 Practice of foreign law without registration but for limited periods

(1) A foreign lawyer may, subject to this Law, practise foreign law in this jurisdiction without having to hold a current Australian registration certificate—

(a) during one or more periods that do not in aggregate exceed 90 days in any period of 12 months; or

(b) during any period during which any restriction under the Migration Act 1958 of the Commonwealth has the effect of limiting the period during which work may be done, or business transacted, by the foreign lawyer in Australia.

(2) Subsection (1) does not apply to a foreign lawyer—

(a) who maintains an office in this jurisdiction for the purpose of practising foreign law in Australia; or

(b) who is a partner, director or other principal of a law practice in this jurisdiction; or

(c) whose Australian registration certificate has been cancelled and he or she has not subsequently been granted an Australian registration certificate; or

(d) while his or her Australian registration certificate is suspended.

(3) A foreign lawyer who does not hold a current Australian registration certificate must not—

(a) maintain an office in this jurisdiction for the purpose of practising foreign law in this jurisdiction; or

(b) practise foreign law in this jurisdiction as a partner, director or other principal of a law practice.

Penalty: 250 penalty units.