Government Solicitor Act 1989 (repealed) (ACT)

Government Solicitor Act 1989 (repealed)   

A1989-36

Republication No 8

Effective:  31 August 2011

Republication date: 31 August 2011

As repealed by A2011-30 s 35

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Government Solicitor Act 1989 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting this republished law to 31 August 2011. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Government Solicitor Act 1989 (repealed)

Contents

Page

1            Name of Act  2

2            Dictionary  2

3            Notes  2

5            Government solicitor  2

6            Judicial notice of signatures  5

7           Certain references taken to include reference to the government solicitor   5

Dictionary7

Endnotes

1            About the endnotes  8

2            Abbreviation key  8

3            Legislation history  9

4            Amendment history  11

5            Earlier republications  12

Government Solicitor Act 1989 (repealed)

An Act to establish a government solicitor for the Australian Capital Territory, and for related purposes

1. Name of Act

   This Act is the Government Solicitor Act 1989.

2. Dictionary

   The dictionary at the end of this Act is part of this Act.

   Note 1The dictionary at the end of this Act defines certain terms used in this Act.

   Note 2A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3. Notes

   A note included in this Act is explanatory and is not part of this Act.

   NoteSee the Legislation Act s 127 (1), (4) and (5) for the legal status of notes.

4. Government solicitor

   (1)There is hereby established a Government Solicitor for the Australian Capital Territory.

   (2)The government solicitor is a body corporate.

   (3)The government solicitor may act as legal practitioner for—

   (a)the Crown in right of the Territory; or

   (b)the Territory; or

   (c)a person suing or being sued on behalf of the Territory; or

   (d)a Minister; or

   (e)a body established by or under an enactment; or

   (f)a company, joint venture or trust in which the Territory or a Territory entity has a controlling interest; or

   (g)a person who—

   (i)is a public employee; or

   (ii)was a public employee; or

   (iii)is or was an officer or employee of a company, joint venture or trust in which the Territory or a Territory entity has a controlling interest; or

   (h)a person holding office under an enactment; or

   (i)a person who is or was a trustee, director or board member of a company, joint venture or trust in which the Territory or a Territory entity has a controlling interest; or

   (j)the government solicitor (however described) of the Commonwealth, a State, another Territory or a foreign country, by arrangement, as agent on behalf of clients of that solicitor; or

   (k)any other person, or body, for whom the Minister requests the government solicitor to act;

   and is, for the purposes of so acting, entitled to practise as a legal practitioner in any court and entitled to all the rights and privileges of a legal practitioner of the Supreme Court of the Australian Capital Territory who holds a current unrestricted practising certificate under the Legal Profession Act 2006.

   (4) Subsection (3) (f), (g) (ii) and (iii) and (i) apply to a matter only if the chief solicitor decides that the Territory has an interest in the outcome of the matter.

   (5)The chief solicitor may act personally in the name of the government solicitor and may also, either generally or otherwise as provided by the instrument of authorisation, by writing signed by him or her, authorise a qualified officer of the relevant administrative unit to act in the name of the government solicitor.

   (6)An authorisation is a notifiable instrument.

   NoteA notifiable instrument must be notified under the Legislation Act 2001.

   (7)Any act or thing done in the name of the government solicitor by, or under the direction or authority of—

   (a)the chief solicitor; or

   (b)a person authorised under subsection (5);

   shall be deemed to have been done by the government solicitor.

   (8)In or in relation to the doing by a person of any act or thing under an authorisation under subsection (5), the person is responsible to the chief solicitor and, through the chief solicitor, to the Minister, and shall comply with the directions (if any) given to him or her by the chief solicitor.

   (9)An act or thing done or omitted to be done by a person in the name of the government solicitor under a direction given by the chief solicitor shall be deemed to have been done or omitted to be done by the chief solicitor personally.

   (10)The chief solicitor is, for the purposes of acting in the name of the government solicitor, entitled to do all things necessary or convenient and entitled to all the rights and privileges of a legal practitioner whether or not he or she is entitled to practise as a legal practitioner.

   (11)Notwithstanding subsection (7), but subject to subsection (10)—

   (a)the chief solicitor; or

   (b)a person authorised under subsection (5);

   is, in relation to any act or thing done or omitted to be done by him or her, or by any person at his or her direction or under his or her authority, in the name of the government solicitor, subject to the duties and obligations to which he or she would be subject if that act or thing had been done or omitted to be done in the course of practise by him or her as a legal practitioner.

   (12)In this section:

   controlling interest—see the Auditor-General Act 1996, section 5.

   qualified officer means an officer who is a legal practitioner of the Supreme Court.

   Territory entity—see the Auditor-General Act 1996, dictionary.

5. Judicial notice of signatures

   All courts and tribunals, and all judges and persons acting judicially or authorised by law or consent of parties to hear, receive or examine evidence, shall take judicial notice of the signature of a person who holds, or has held, the office of chief solicitor or who is, or has been, authorised under section 5 (5) to act in the name of the government solicitor.

6. Certain references taken to include reference to the government solicitor

   In—

   (a)any statutory instrument; or

   (b)any award or other determination or order or any industrial agreement; or

   (c)any other order (whether executive, judicial or otherwise); or

   (d)any contract, agreement or arrangement; or

   (e)any pleading in, or process issued in connection with, any legal or other proceedings; or

   (f)any other instrument;

   relating to the Territory, the government of the Territory or any asset, right, liability or obligation of the Territory, a reference to the Crown Solicitor for the Commonwealth, a Deputy Crown Solicitor for the Commonwealth, the Australian Government Solicitor or a director of legal services for the Commonwealth includes a reference to the government solicitor.

Dictionary

(see s 2)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     Chief Minister

·     Minister (see s 162)

·     person

·     the Territory.

chief solicitor means the person for the time being occupying, or exercising the duties of, the office of Chief Solicitor in the public service.

enactment means an Act or subordinate law.

relevant administrative unit means the administrative unit to which the Chief Minister has, under the Public Sector Management Act 1994, section 14 (b) allocated responsibility for this Act.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   This Act was originally a Commonwealth ordinance—the Government Solicitor Ordinance 1989 No 36 (Cwlth).

   The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).

   As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day).

   After 11 May 1989 and before 10 November 1999, Acts commenced on their notification day unless otherwise stated (see Australian Capital Territory (Self-Government) Act 1988 (Cwlth) s 25).

   Legislation before becoming Territory enactment

   Government Solicitor Act 1989 No 36

   notified 10 May 1989
   s 1, s 2 commenced 10 May 1989 (s 2 (1))
   remainder commenced 11 May 1989 (s 2 (2) and see Gaz 1989 No S164)

   as amended by

   Legislation after becoming Territory enactment

   Government Solicitor (Amendment) Act 1991 No 61

   notified 29 October 1991 (Gaz 1991 No S117)
   commenced 29 October 1991

   Act Revision (Position of Crown) Act 1993 No 44 sch 2

   notified 27 August 1993 (Gaz 1993 No S165)
   sch 2 commenced 27 August 1993 (s 2 and see Gaz 1993 No S165))

   Statute Law Revision Act 1994 No 26 sch

   notified 31 May 1994  (Gaz 1994 No S93)
   sch commenced 31 May 1994 (s 2)

   Public Sector Management (Consequential and Transitional Provisions) Act 1994 No 38 sch 1 pt 42

   notified 30 June 1994 (Gaz 1994 No S121)
   s 1, s 2 commenced 30 June 1994 (s 2 (1))
   sch 1 pt 42 commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142)

   Legal Practitioners (Consequential Amendments) 1997 No 96 sch 1

   notified 1 December 1997 (Gaz 1997 No S380)
   s 1, s 2 commenced 1 December 1997 (s 2 (1))
   sch 1 commenced 1 June 1998 (s 2 (2))

   Justice and Community Safety Legislation Amendment Act 2000 No 1 sch

   notified 9 March 2000 (Gaz 2000 No 10)
   s 1, s 2 commenced 9 March 2000 (s 2 (1))
   amdts commenced 9 March 2000 (s 2 (2))

   Legislation (Consequential Amendments) Act 2001 No 44 pt 170

   notified 26 July 2001 (Gaz 2001 No 30)
   s 1, s 2 commenced 26 July 2001 (IA s 10B)
   pt 170 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

   Statute Law Amendment Act 2002 No 30 pt 3.34

   notified LR 16 September 2002
   s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))
   pt 3.34 commenced 17 September 2002 (s 2 (1))

   Legal Profession Act 2006 A2006-25 sch 2 pt 2.6

   notified LR 21 June 2006
   s 1, s 2 commenced 21 June 2006 (LA s 75 (1))

   sch 2 pt 2.6 commenced 1 July 2006 (s 2)

   Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.52

   notified LR 22 March 2007
   s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))

   sch 3 pt 3.52 commenced 12 April 2007 (s 2 (1))

   as repealed by

   Law Officers Act 2011 A2011-30 s 35

   notified LR 29 August 2011
   s 1, s 2 commenced 29 August 2011 (LA s 75 (1))

   s 35 commenced 31 August 2011 (s 2 and CN2011-9)

2. Amendment history

   Dictionary

   s 2om 2001 No 44 amdt 1.1984

   ins A2007-3 amdt 3.285

   Notes

   s 3defs reloc to dict A2007-3 amdt 3.284

   sub A2007-3 amdt 3.285

   def government law office om 1991 No 61 s 3

   def transitional Territory staff om 1994 No 38 sch 1 pt 42

   Act binds Crown

   s 4om 1993 No 44 sch 2

   Government solicitor

   s 5am 1991 No 61 s 4; 1994 No 26 sch; 1994 No 38 sch 1 pt 42; 1997 No 96 sch 1; 2000 No 1 sch; 2001 No 44 amdt 1.1986, amdt 1.1988, amdt 1 1989; pars and ss renum R4 LA (see 2001 No 44 amdt 1.1987, amdt 1.1990); 2002 No 30 amdt 3.397; A2006-25 amdt 2.7

   Certain references taken to include reference to government solicitor

   s 7am 2001 No 44 amdt 1.1991

   Amendments of other Acts

   s 8om 1994 No 26 sch

   Schedule

   schom 1994 No 26 sch

   Dictionary

   dictins A2007-3 amdt 3.286

   def chief solicitor am 1994 No 38 sch 1 pt 42

   reloc from s 3 A2007-3 amdt 3.284

   def enactment sub 2001 No 44 amdt 1.1985

   reloc from s 3 A2007-3 amdt 3.284

   def relevant administrative unit ins 1991 No 61 s 3

   sub 1994 No 38 sch 1 pt 42

   reloc from s 3 A2007-3 amdt 3.284

3. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	Act 1991 No 61	31 March 1992
2	Act 1993 No 44	31 January 1994
3	Act 1997 No 96	31 March 1999
4	Act 2001 No 44	31 January 2002
5	A2002-30	27 September 2002
6	A2006-25	1 July 2006
7	A2007-3	12 April 2007