Judiciary Amendment Act 1999
No. 7, 1999
An Act to amend the Judiciary Act 1903, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendment of the Judiciary Act 1903
Schedule 2—Transitional provisions
Schedule 3—Consequential amendments
Aboriginal Councils and Associations Act 1976
Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987
Administrative Decisions (Judicial Review) Act 1977
Defence (Visiting Forces) Act 1963
Director of Public Prosecutions Act 1983
Freedom of Information Act 1982
Lands Acquisition Act 1989
Lands Acquisition (Northern Territory Pastoral Leases) Act 1981
National Parks and Wildlife Conservation Act 1975
Northern Territory (Self‑Government) Act 1978
Judiciary Amendment Act 1999
No. 7, 1999
An Act to amend the Judiciary Act 1903, and for related purposes
[Assented to 31 March 1999]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Judiciary Amendment Act 1999.
2 Commencement
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(2) Subject to subsection (3), the items of Schedules 1, 2 and 3 commence on a day or days to be fixed by Proclamation.
(3) If an item to which subsection (2) applies does not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.
3 Schedule(s)
Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendment of the Judiciary Act 1903
1 Section 2
Insert:
AGS means the Australian Government Solicitor established under Division 2 of Part VIIIB.
2 Section 2 (definition of Australian Government Solicitor)
Repeal the definition.
3 Section 2
Insert:
legal practitioner means a person entitled, under an Act or a law of a State or Territory, to practise as one of the following:
(a) a legal practitioner;
(b) a barrister;
(c) a solicitor;
(d) a barrister and solicitor.
4 Sections 55E, 55F and 55G
Repeal the sections, substitute:
55E Attorney‑General’s lawyers
(1) In this section and in sections 55F and 55G:
Attorney‑General’s lawyer means a person:
(a) whose name is on a roll referred to in subsection 55D(1); and
(b) who is either:
(i) the Secretary to the Attorney‑General’s Department; or
(ii) an officer or employee in the Attorney‑General’s Department.
(2) An Attorney‑General’s lawyer acting in that capacity is entitled:
(a) to do everything necessary or convenient for that purpose; and
(b) to practise as a barrister, solicitor, or barrister and solicitor in any court and in any State or Territory; and
(c) to all the rights and privileges of so practising;
whether or not he or she is so entitled apart from this subsection.
(3) An…
Overview
The Judiciary Amendment Act 1999 (No. 7, 1999) was enacted by the Parliament of Australia to amend the Judiciary Act 1903 and address certain legislative gaps related to the role and functions of the Australian Government Solicitor (AGS). This Act introduces comprehensive changes to establish the AGS as a distinct entity under the Judiciary Act, defining its roles, responsibilities, and operational framework. The overarching policy objective of this legislation is to streamline and formalise the legal services provided by the Commonwealth, ensuring they are efficient, professional, and aligned with the broader governmental objectives. The Act sets out detailed provisions for the establishment, functions, and governance of the AGS, alongside amendments to various other Acts to reflect these changes and ensure consistency across related legislative instruments.
Scope and Application
The Judiciary Amendment Act 1999 amends the Judiciary Act 1903 to establish the Australian Government Solicitor (AGS) as a body corporate under Division 2 of Part VIIIB. The AGS is tasked with providing legal services and related services to the Commonwealth, persons and bodies for any purpose for which the Commonwealth has legislative power, and to the executive government of a state or Norfolk Island upon request. Furthermore, the AGS can provide services to other entities if the Attorney-General or the Chief Executive Officer of the AGS determines it to be within the AGS's functions. The AGS has the authority to acquire, hold and dispose of property, enter into contracts, raise money, and obtain goods or services on credit. The AGS is exempt from state and territory taxation but must make tax-equivalent payments to the Commonwealth. The Act also outlines the appointment, terms, and conditions of the CEO and staff of the AGS. The Attorney-General has the power to issue Legal Services Directions that apply generally to Commonwealth legal work or to specific matters. Compliance with these directions is mandatory for certain entities, and failure to comply can result in legal action by or on behalf of the Commonwealth. The Act further includes transitional and consequential amendment provisions to align with the establishment of the AGS.
Key Provisions
- The Judiciary Amendment Act 1999 introduces significant amendments to the Judiciary Act 1903, primarily through the establishment and regulation of the Australian Government Solicitor (AGS) under a new Part VIIIB. Section 55I of the Act inserts definitions pertinent to the AGS, including "AGS lawyer," which refers to the CEO or an employee of the AGS whose name is on a specified roll. Section 55J establishes the AGS, while section 55K outlines its functions, which include providing legal services to the Commonwealth and others, subject to requests or approvals from the Attorney-General. The AGS is granted broad powers in section 55L to acquire property, form companies, enter into contracts, and more. The Act also stipulates the appointment and terms of the CEO in sections 55S to 55ZA, including requirements for disclosure of interests and prohibitions against outside employment without approval.
- The obligations imposed on the AGS and its lawyers are substantial. The AGS is tasked with providing legal services to a wide array of entities, including the Commonwealth, Ministers, and various government bodies, as outlined in section 55N. AGS lawyers are granted extensive rights to practice as barristers, solicitors, or both in any court within Australia, as per section 55Q, though they are exempt from state and territory laws concerning legal practitioners, except where such laws pertain to client relations or disciplinary proceedings. The AGS may also act for multiple parties with conflicting interests if approved by the Attorney-General, as detailed in section 55R.
- The Act imposes various penalties and consequences for breaches, although specific penalties are not detailed within the Act itself. Generally, non-compliance with Legal Services Directions, which the Attorney-General may issue under section 55ZF, is not enforceable except by or upon the application of the Attorney-General. Additionally, sections 55ZH and 55ZI protect the Attorney-General and others from liability for actions taken in compliance with these directions. The Act also ensures that the AGS is exempt from state and territory taxation, except as prescribed, and mandates tax-equivalent payments to the Commonwealth to avoid competitive advantages, as stipulated in sections 55ZC and 55ZD. Failure to adhere to these financial obligations could result in regulatory or financial repercussions, though exact penalties are not specified in the text provided.
- Area of Law
- Administrative Law
- Corporate Law & Governance
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Regulatory Standards
- Licensing & Registration
- Enforcement Powers
