Australian Capital Territory
Government Solicitor Act 1989     No 36
Republication No 5
Republication date: 27 September 2002
Last amendment made by Act 2002 No 30
Amendments incorporated to 17 September 2002

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 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 27 September 2002.  It also includes any amendment, repeal or expiry affecting the republished law to 17 September 2002.  
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.  
When preparing the authorised version of this republication amendments were 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.

Amendments incorporated to
17 September 2002

Australian Capital Territory
Government Solicitor Act 1989

Contents
	Page

	1	Name of Act	2
	3	Definitions for Act	2
	5	Government solicitor	2
	6	Judicial notice of signatures	5
	7	Certain references taken to include reference to the government solicitor	5
Endnotes
	1	About the endnotes	6
	2	Abbreviation key	6
	3	Legislation history	7
	4	Amendment history	8
	5	Earlier republications	9

Amendments incorporated to
17 September 2002

Australian Capital Territory
Government Solicitor Act 1989

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.
3	Definitions for Act
In this Act:
Note	A definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155).
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.
5	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 issued under the Legal Practitioners Act 1970.
	(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.
Note	A 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.
6	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.
7	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.

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.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	p = page	
cl = clause	par = paragraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	prov = provision	
div = division	pt = part	
exp = expires/expired	r = rule/subrule	
Gaz = Gazette	reg = regulation/subregulation	
hdg = heading	renum = renumbered	
IA = Interpretation Act 1967	reloc = relocated	
ins = inserted/added	R[X] = Republication No	
LA = Legislation Act 2001	s = section/subsection	
LR = legislation register	sch = schedule	
LRA = Legislation (Republication) Act 1996	sdiv = subdivision	
mod = modified / modification	sub = substituted	
No = number	SL  = Subordinate Law	
num = numbered	underlining = whole or part not commenced	
o = order	or to be expired	
om = omitted/repealed		
3	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))
4	Amendment history
Commencement
s 2	om 2001 No 44 amdt 1.1984
Definitions for Act
s 3	def chief solicitor am 1994 No 38 sch 1 pt 42
	def enactment sub 2001 No 44 amdt 1.1985
	def government law office om 1991 No 61 s 3
	def relevant administrative unit ins 1991 No 61 s 3
	sub 1994 No 38 sch 1 pt 42
	def transitional Territory staff om 1994 No 38 sch 1 pt 42
Act binds Crown
s 4	om 1993 No 44 sch 2
Government solicitor
s 5	am 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
Certain references taken to include reference to government solicitor
s 7	am 2001 No 44 amdt 1.1991
Amendments of other Acts
s 8	om 1994 No 26 sch
Schedule
sch	om 1994 No 26 sch
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 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	

Unauthorised version prepared by ACT Parliamentary Counsel's Office

©  Australian Capital Territory 2002