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53 Attorney‑General must approve submission or objection to the powers of certain State and Territory bodies
The Commonwealth, or a Commonwealth agency, must not, without the Attorney‑General’s approval:
(a) submit or object to the exercise of compulsory powers or decision-making authority by a State or Territory body that is not a court within the meaning of Chapter III of the Constitution; or
(b) agree to submit or object to the exercise of such powers or authority.
Note 1: The purpose of this provision is to ensure that any engagement with relevant State and Territory bodies is consistent with the position of the Commonwealth on the scope and limitations of its constitutional and statutory powers.
Note 2: Commonwealth agency is defined in section 4 to mean a non-corporate Commonwealth entity, a corporate Commonwealth entity or a Commonwealth company.
Division 6—Use of in-house lawyers for court litigation
54 Simplified outline—who must comply with this Division?
55 Use of in‑house lawyers for court litigation
(1) An entity may only use an in‑house lawyer to conduct court litigation as solicitor on the record or as counsel with the Attorney‑General’s approval.
(2) In deciding whether to grant an approval, the Attorney-General must consider whether the entity:
(a) can demonstrate a capacity to conduct the litigation properly and efficiently; and
(b) can conduct the litigation at a lower cost than using external solicitors, taking into account accrual accounting and, where relevant, competitive neutrality principles; and
(c) has a statutory charter which gives it an operation independent of government.
Note: This subsection does not limit the matters that the Attorney-General may take into account.
(3) The entity must comply with any conditions the Attorney-General imposes on an approval.