Northern Territory Consolidated Acts

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LEGAL PROFESSION ACT 2006 - SECT 79

Requirement for interstate practising certificate and professional indemnity insurance

    (1)     An interstate legal practitioner is guilty of an offence if the practitioner:

        (a)     either:

            (i)     engages in legal practice in this jurisdiction; or

            (ii)     represents or advertises that the practitioner is entitled to engage in legal practice in this jurisdiction; and

        (b)     is not covered by professional indemnity insurance that:

            (i)     covers legal practice in this jurisdiction; and

            (ii)     complies with the requirements prescribed by the regulations, being requirements that are no more onerous than the requirements for approved professional indemnity insurance.

Maximum penalty:     500 penalty units.

    (2)     This section does not apply to an interstate legal practitioner who:

        (a)     is employed by a corporation, other than an incorporated legal practice; and

        (b)     provides only in-house legal service in this jurisdiction.

    (3)     This section does not apply to an interstate legal practitioner who:

        (a)     is a government lawyer as defined in section 91(5) ; and

        (b)     is engaged in legal practice in this jurisdiction only to the extent that the practitioner is engaging in government work; and

        (c)     has an indemnity or immunity (whether provided by law or governmental policy) that is applicable in respect of that legal practice.

    (4)     The regulations may require an interstate legal practitioner to disclose information about professional indemnity insurance to clients or prospective clients.



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