Northern Territory Consolidated Acts

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LAW OFFICERS ACT 1978 - SECT 8

Solicitor for the Territory

    (1)     There is hereby established a Solicitor for the Northern Territory.

    (2)     The Solicitor for the Northern Territory is a body corporate.

    (3)     The Solicitor for the Northern Territory may act as solicitor for the following, and is, for that purpose, entitled to practise as a legal practitioner in any court and entitled to all the rights and privileges of a legal practitioner:

        (a)     the Crown in right of the Territory;

        (b)     the Territory;

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

        (d)     a minister;

        (e)     a body or authority established by a law of the Territory;

        (f)     an officer of, or a person employed by:

            (i)     the Territory; or

            (ii)     a body or authority established by a law of the Territory;

        (g)     a person holding office under a law of the Territory;

        (h)     the Australian Government Solicitor, by arrangement, as agent on behalf of clients of the Australian Government Solicitor;

        (j)     any other person, body or authority for whom the Attorney-General requests it to act.

    (4)     The CEO may do the following:

        (a)     act personally in the name of the Solicitor for the Northern Territory;

        (b)     by signed written instrument, authorise an officer of the Agency who is a legal practitioner to act in the name of the Solicitor for the Northern Territory generally or as otherwise provided for in the instrument.

    (5)     An act or thing done in the name of the Solicitor for the Northern Territory by, or under the direction or authority of the CEO or a person authorised under subsection (4)(b) is taken to have been done by the Solicitor for the Northern Territory.

    (6)     A person who is authorised to act under subsection (4)(b):

        (a)     is responsible to the CEO and, through the CEO, to the Attorney-General in relation to anything the person does under the authorisation; and

        (b)     must comply with any directions given by the CEO.

    (7)     An act or thing done or omitted to be done by a person in the name of the Solicitor for the Northern Territory under a direction given by the CEO is taken to have been done or omitted to be done, as the case may be, by the CEO personally.

    (8)     The CEO is, for the purpose of exercising powers and performing functions under this section, entitled to practise as a legal practitioner as if the CEO were the holder of an unrestricted practising certificate issued under the Legal Profession Act 2006 .

    (9)     Despite subsection (5) but subject to subsection (8), the CEO, or a person authorised by the CEO under subsection (4)(b), is subject to the duties and obligations to which the CEO or person would be subject if the CEO or authorised person were a legal practitioner when:

        (a)     the CEO or person does, or omits to do, an act or thing in the name of the Solicitor for the Northern Territory; or

        (b)     another person does, or omits to do, an act or thing in the name of the Solicitor for the Northern Territory under the direction or authority of the CEO or person.

    (10)     A copy of every authorization under subsection (4) must be published in the Gazette .

    (11)     In any Act, instrument of a legislative or administrative character, award or other industrial determination or order, industrial agreement, other order (whether executive, judicial or otherwise), contract, pleading in, or process issued in connection with, a legal or other proceeding, or any other instrument, a reference to the Crown Solicitor is to be construed as including a reference to the Solicitor for the Northern Territory.

    (12)     In this section:

"CEO" means the Chief Executive Officer.



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