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State Law Office (Amendment) Act 1999

REPUBLIC OF VANUATU

STATE LAW OFFICE (AMENDMENT) ACT NO. 5 of 1999

Arrangement of Sections

1. Amendments of section 17
   
2. Amendment of section 19
   
3. New sections 25 and 25A
   
4. Commencement.
   

REPUBLIC OF VANUATU

Assent 10/09/99

Commencement 01/10/99

STATE LAW OFFICE (AMENDMENT) ACT NO. 5 of 1999

An Act to amend the State Law Office Act No. 4 of 1998 (the “Principal Act”).

BE IT ENACTED by the President and Parliament as follows:

AMENDMENTS OF SECTION 17

1. Section 17 of the Principal Act is amended by:
   
   • (a) deleting paragraph (2)(a) and substituting the following paragraph:
     

“(a) has a law degree from a recognized tertiary institution or similar qualification; and”;

(b) by adding at the end the following subsection:

“(3) The Attorney-General may, by instrument in writing, appoint a person as a legal officer:

(a) for a period specified in the instrument; or

(b) in respect of a particular legal matter specified in the instrument.”.

AMENDMENT OF SECTION 19

2. Subsection 19(1) of the Principal Act is amended by deleting “, but otherwise independently and shall provide legal advice to the Government accordingly”.
   

NEW SECTIONS 25 AND 25A

3. Section 25 of the Principal Act is repealed and the following sections substituted:
   

“RIGHTS OF LEGAL OFFICERS AND OTHERSTO PRACTISE LAW

25. (1) The Attorney-General, Solicitor-General or any other legal officer when carrying out work of a legal professional nature in that capacity for the Office:

(a) is entitled to practise as a barrister and solicitor in any court in Vanuatu; and

(b) is entitled to all the rights and privileges of a barrister and solicitor in that court;

whether or not he or she is so entitled apart from this subsection.

(2) If:

• (a) the Attorney-General, Solicitor-General or any other legal officer does or omits to do any act; and
  
• (b) he or she does or omits to do that act in the course of carrying out work of a legal professional nature in that capacity for the Office;
  

he or she is subject to the duties and obligations to which he or she would be subject if that act had been done or omitted to be done in the course of practice by him or her as a barrister and solicitor.

REGULATIONS

25A. (1) The Minister may, by Order in writing, make regulations not inconsistent with this Act for the better carrying out or giving effect to the provisions of this Act.

(2) Without limiting subsection (1), regulations may be made for any of the following purposes:

• (a) the classification of legal officers and other staff;
  
  • (b) the promotion of legal officers and other staff;
    
  • (c) the training and education of legal officers and other staff.”.

COMMENCEMENT

4. This Act commences on the day on which it is published in the Gazette.