Australian Capital Territory
Law Officer Act 1992    
A1992-54
Republication No 3
Effective:  10 January 2005 – 11 April 2007
Republication date: 10 January 2005
Last amendment made by A2004-60

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Law Officer Act 1992 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 10 January 2005.  It also includes any amendment, repeal or expiry affecting the republished law to 10 January 2005.  
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 www.legislation.act.gov.au):
•	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 or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
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 Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Law Officer Act 1992

Contents
	Page
	1	Name of Act	2
	2	Meaning of Attorney-General	2
	3	Position of Attorney-General	2
	4	Functions of Attorney-General	2
	5	Additional functions of Attorney-General	3
	5A	Effect of Attorney-General’s functions on certain litigation	3
	5B	Judicial notice of Attorney-General’s appointment etc	3
	6	Regulation-making power	4
Endnotes
	1	About the endnotes	5
	2	Abbreviation key	5
	3	Legislation history	6
	4	Amendment history	6
	5	Earlier republications	7

Australian Capital Territory
Law Officer Act 1992

An Act relating to the functions and powers of the Attorney-General, and for related purposes

    

1	Name of Act
This Act is the Law Officer Act 1992.
2	Meaning of Attorney-General
In this Act, a reference to the Attorney-General is a reference to—
	(a)	the Minister designated Attorney-General by the Chief Minister; or
	(b)	if no Minister is so designated—the Minister for the time being administering this Act;
and, if another Minister is authorised by the Chief Minister to act on behalf of that Minister, includes a reference to that other Minister.
3	Position of Attorney-General
The Attorney-General is the first law officer of the Territory.
4	Functions of Attorney-General
The functions of the Attorney-General are—
	(a)	to be the chief legal representative of—
	(i)	the Crown in right of the Territory; and
	(ii)	the Territory;
	(b)	to be the principal legal adviser to the Territory; and
	(c)	to have responsibility for the administration of law and justice in the ACT; and
	(d)	to institute and conduct litigation on behalf of—
	(i)	the Crown in right of the Territory; or
	(ii)	the Territory; or
	(iii)	a Minister; or
	(iv)	a person suing or being sued on behalf of the Territory; and
	(e)	to exercise the functions given to the Attorney-General by another Act; and
	(f)	to exercise any other functions prescribed under the regulations.
Note	A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
5	Additional functions of Attorney-General
The Attorney-General also has, in relation to the Territory, the traditional functions, prerogatives and privileges of State Attorneys‑General, subject to this Act and any other Territory law.
5A	Effect of Attorney-General’s functions on certain litigation
To remove any doubt, the functions of the Attorney-General, including the traditional functions, prerogatives and privileges of State Attorneys-General, do not prevent, and are taken never to have prevented, a person authorised by the Territory, or under a Territory law, from instituting or conducting litigation mentioned in section 4 (d) (Functions of Attorney-General).
5B	Judicial notice of Attorney-General’s appointment etc 
	(1)	In any legal proceeding, a document apparently signed by the Attorney-General is presumed to have been signed by the Attorney-General in the absence of evidence to the contrary.
	(2)	The instrument by which the Attorney-General is so designated must, on production to the Supreme Court, be noted in the records of the court.
	(3)	No action, proceeding or matter (whether civil or criminal) by or against the Attorney-General abates or is affected by any change of office holder. 
6	Regulation-making power
The Executive may make regulations for this Act.
Note 	Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.

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

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	par = paragraph/subparagraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	pt = part	
div = division	r = rule/subrule	
exp = expires/expired	renum = renumbered	
Gaz = gazette	reloc = relocated	
hdg = heading	R[X] = Republication No	
IA = Interpretation Act 1967	RI = reissue	
ins = inserted/added	s = section/subsection	
LA = Legislation Act 2001	sch = schedule	
LR = legislation register	sdiv = subdivision	
LRA = Legislation (Republication) Act 1996	sub = substituted	
mod = modified/modification	SL = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	
3	Legislation history
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).
Law Officer Act 1992 No 54
notified 25 September 1992 (Gaz 1992 No S162)
commenced 25 September 1992
as amended by
Legislation (Consequential Amendments) Act 2001 No 44 pt 214
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 214 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Justice and Community Safety Legislation Amendment Act 2003 A2003-2 pt 10
notified LR 3 March 2003
s 1, s 2 commenced 3 March 2003 (LA s 75 (1))
pt 10 commenced 31 March 2003 (s 2 (2))
Court Procedures (Consequential Amendments) Act 2004 A2004-60 amdt 1.131
notified LR 2 September 2004
s 1, s 2 commenced 2 September 2004 (LA s 75 (1))
amdt 1.131 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29)
4	Amendment history
Functions of Attorney-General
s 4 hdg	sub A2003-2 s 52
s 4	am A2003-2 s 53, s 54
Additional functions of Attorney-General
s 5	sub A2003-2 s 55
Effect of Attorney-General’s functions on certain litigation
s 5A	ins A2003-2 s 55
Judicial notice of Attorney-General’s appointment etc
s 5B	reloc from Crown Proceedings Act 1992 s 18 by A2004‑60 amdt 1.131
Regulation-making power
s 6	sub 2001 No 44 amdt 1.2608
Amendment of Legal Practitioners Act 1970
s 7	om 2001 No 44 amdt 1.2608
Regulations
s 8	om 2001 No 44 amdt 1.2608
5	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.  Except for the footer, electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	Act 2001 No 44	13 June 2002	
2	A2003-2	31 March 2003	

©  Australian Capital Territory 2005