Law Officers Act 1964

In this Act, unless the contrary intention appears, Solicitor‑General means a person holding office as Solicitor‑General of the Commonwealth in pursuance of this Act.

In sections 7, 8, 12, 13, 15 and 17, Solicitor‑General includes a person acting in the office of Solicitor‑General of the Commonwealth in pursuance of this Act.

A person appointed as Solicitor‑General shall be appointed by the Governor‑General for such period, not exceeding 7 years, as the Governor‑General determines, but is eligible for re‑appointment.

A person is not eligible for appointment as Solicitor‑General unless he or she is or has been a barrister or solicitor of the High Court or of the Supreme Court of a State of not less than 5 years’ standing.

A person appointed as Solicitor‑General holds office, subject to this Act, for the term of his or her appointment, on such terms and conditions as the Governor‑General determines.

The Solicitor‑General shall be paid such remuneration as is determined by the Remuneration Tribunal.

The Solicitor‑General shall be paid such allowances as are prescribed.

This section has effect subject to the Remuneration Tribunal Act 1973 and section 7 of the Judicial and Statutory Officers (Remuneration and Allowances) Act 1984.

Except in the performance of the duties of his or her office or with the consent of the Attorney‑General, the Solicitor‑General shall not engage in the practice of a barrister or solicitor or engage in paid employment.

Where the Attorney‑General gives consent to the engaging by the Solicitor‑General in the practice of a barrister or solicitor, the Attorney‑General is to lay before each House of the Parliament within 15 sitting days of that House after the day on which the consent is given a written statement of the reasons for the giving of the consent.

except by reason of temporary illness, becomes incapable of performing the duties of his or her office;

is guilty of misbehaviour; or

becomes bankrupt or insolvent, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit.

The Governor‑General may appoint a person to act as Solicitor‑General:

during a vacancy in the Office of Solicitor‑General whether or not an appointment has previously been made to the office; or

during any period, or during all periods, when the Solicitor‑General is absent from duty or from Australia or is, for any reason, unable to perform the functions of the office.

For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

A person who is appointed to act in the Office of Solicitor‑General must be eligible for appointment to that office.

to act as counsel for:

the Crown in right of the Commonwealth;

the Commonwealth;

a person suing or being sued on behalf of the Commonwealth;

a Minister;

an officer of the Commonwealth;

a person holding office under an Act or a law of a Territory;

a body established by an Act or a law of a Territory; or

any other person or body for whom the Attorney‑General requests him or her to act;

to furnish his or her opinion to the Attorney‑General on questions of law referred to him or her by the Attorney‑General; and

to carry out such other functions ordinarily performed by counsel as the Attorney‑General requests.