Western Australian Numbered Acts

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LEGAL PRACTICE ACT 2003 (NO. 64 OF 2003) - SECT 102

102 .         Who may practise foreign law

        (1)         In this section —

        "migration restriction" means a restriction imposed on a person who is not an Australian citizen under the Migration Act 1958 of the Commonwealth that has the effect of limiting the period during which work may be done, or business may be transacted, in Australia by the person.

        (2)         A person must not practise foreign law in this State unless —

            (a)         the person is a certificated practitioner;

            (b)         the person is a registered foreign lawyer; or

            (c)         the person is a foreign lawyer who practises foreign law in this State on a temporary basis or who is subject to a migration restriction and who —

                  (i)         does not maintain an office for the purpose of practising as a legal practitioner in this State; or

                  (ii)         does not have a commercial legal presence in this State.

        Penalty: $10 000.

        (3)         A person who contravenes subsection (2) is not entitled to recover any amount in respect of anything done during the course of that contravention and must repay any amount so received to the person from whom it was received.

        (4)         If a person does not repay an amount required by subsection (3) to be repaid, the person entitled to be repaid may recover the amount from the person as a debt in a court of competent jurisdiction.



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