23Consultation

23  Consultation

  If an entity (the requesting entity) proposes to obtain legal advice (whether from counsel, an external or government legal services provider, or its in-house legal area) on the interpretation of legislation administered by another entity (the administering entity), the requesting entity must give the administering entity:

 (a) a reasonable opportunity to consult on the proposal; and

 (b) a copy of the request for advice; and

 (c) a copy of the draft advice (if any); and

 (d) the following:

 (i) a reasonable opportunity to consult on the matter before any finalised advice is provided;

 (ii) if the advice is provided in draft—a reasonable opportunity to consult on the draft advice before it is finalised;

 (iii) if the advice is not provided in draft—a reasonable opportunity to consult on the finalised advice;

  including consultation with the requesting entity’s legal services provider, as required by the administering entity; and

 (e) a copy of the finalised advice.

Note 1: The Administrative Arrangements Order sets out which non‑corporate Commonwealth entities administer which pieces of legislation.

Note 2: There are various exceptions to these consultation requirements below.

Note 3: The Attorney-General may also grant exemptions from those requirements (and other obligations imposed by these Directions) under section 8.