Commonwealth act

Solicitor-General Act 1916

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Act Number

28 of 1916

Collection

act

Plain English Summary

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What this law does

This Act creates the position of Solicitor-General of the Commonwealth—the federal government's senior legal advisor and second-highest-ranking law officer after the Attorney-General.

Key provisions

Appointment: The Governor-General appoints the Solicitor-General. If the Solicitor-General is sick or away, the Governor-General can appoint someone to act temporarily in their place.
Powers and duties: The Solicitor-General performs duties assigned by other laws, or tasks delegated by the Attorney-General.
Delegation: The Attorney-General can hand over ("delegate") any of their legal powers to the Solicitor-General, except the power to delegate itself. These delegations can be cancelled at any time and must be published in the official government gazette.

Why it matters

This Act establishes the legal framework for one of Australia's most senior legal positions, allowing the Attorney-General to share legal responsibilities with the Solicitor-General while maintaining ultimate control over those powers.

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Current sections

Direct links to the current provisions in Solicitor-General Act 1916.

Solicitor-General Act 1916

SOLICITOR-GENERAL.

No. 28 of 1916.

An Act relating to the Solicitor-General.

[Assented to 30th September, 1916.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

This Act may be cited as the Solicitor-General Act 1916 and shall be deemed to have commenced on the first day of September, One thousand nine hundred and sixteen.

Office of Solicitor-General.

2.—(1.) The Governor-General may appoint a person to be the Solicitor-General of the Commonwealth; and in case of the illness or absence of the Solicitor-General the Governor-General may appoint a person to act as Solicitor-General during such illness or absence.

(2.) The Solicitor-General shall have such duties and functions as are prescribed by or under any Act, or as are delegated to him by the Attorney-General in pursuance of this Act.

Delegation of powers by the Attorney-General.

3.—(1.) The Attorney-General may by writing under his hand delegate any of his powers or functions under any Act (except this power of delegation) so that the delegated powers may be exercised by the Solicitor-General as fully and effectually as by the Attorney-General.

(2.) Every delegation under this section shall be revocable in writing at will; and no delegation shall prevent the exercise of any power by the Attorney-General.

(3.) Every delegation under this section and every instrument revoking any such delegation shall be notified in the Gazette.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Solicitor-General Act 1916