Explanatory Memorandum
(Circulated by authority of the Minister for Justice, the Honourable Brendan O'Connor MP)Schedule 6 - Judiciary Act 1903
Item 1: section 55D - right to practise as a barrister or solicitor in Territories
This item repeals section 55D of the Judiciary Act 1903 . Section 55D is concerned with the criteria for eligibility to practise law in Territories. The section enables a person who has been admitted to the roll of the High Court kept under the rules of the Court, or a State or Territory Supreme Court, to practise in a Territory. Over time, the section has been disapplied to all Territories except the Australian Capital Territory and Norfolk Island. Because both of these jurisdictions have now enacted comprehensive legislation regulating the legal profession, including a requirement that legal practitioners hold practising certificates, the provision is no longer operative and can be repealed.
Items 2, 3 and 4 - subsection 55E(1) (paragraph (a) of the definition of Attorney-General's lawyer ), section 55I (paragraph (b) of the definition of AGS lawyer ), subsection 55T(2)
Items 2 to 4 of the schedule are consequential amendments which remove references to section 55D (which is repealed in this Bill) in paragraphs 55E(1)(a) and 55I(b) and subsection 55T(2) of the Judiciary Act 1903 (Cth).