14Tied providers: Cabinet work, constitutional law work and national security legal work

14  Tied providers: Cabinet work, constitutional law work and national security legal work 

 (1) The following is tied to AGS and the Attorney‑General’s Department:

 (a) Cabinet work;

 (b) constitutional law work;

 (c) national security legal work.

 (2) Despite paragraph (1)(a), an entity may do the following:

 (a) put forward legal advice to be considered by Cabinet that was not prepared by AGS or the Attorney‑General’s Department, where the advice was obtained before the entity formed the intention mentioned in paragraph (b) of the definition of Cabinet work;

 (b) obtain support or guidance from its in-house legal area in preparing a Cabinet submission or memorandum, including by obtaining advice from that in-house legal area on legislation administered by the entity where that advice involves no more than the application of a settled interpretation of the law to the facts;

 (c) obtain advice from its in-house legal area as to whether legislation would be required to implement a proposal prepared by that entity for consideration by Cabinet (excluding advice as to whether legislation would be required to authorise expenditure on the proposal).

Note: For paragraph 14(2)(a)—this situation may arise where, for instance, a matter was the subject of litigation before it was brought to Cabinet.

 (3) Where an entity relies on subsection (2), it must:

 (a) expressly inform Cabinet:

 (i) that the advice was not prepared by AGS or the Attorney‑General’s Department; and

 (ii) of the date of the advice and who provided it; and

 (b) otherwise comply with its tied work obligations.