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Law Officers Act

Commencement: 29 July 1980
Repealed

LAWS OF THE REPUBLIC OF VANUATU
REVISED EDITION 1988

CHAPTER 118

LAW OFFICERS

JR 25 of 1980
Act 21 of 1984

ARRANGEMENT OF SECTIONS

SECTION

1. Establishment of offices
2. Appointment of Attorney General

3. Rights of Attorney General, Solicitor General and Legal Officers

4. Superintendence over legal practitioners
5. Law Officers not entitled to private practice

6. Exercise of the Attorney General's functions and powers

7. Minister's powers to make regulations

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LAW OFFICERS

To provide for the office of Attorney General, Solicitor General and Legal Officers.

ESTABLISHMENT OF OFFICES

1. (1) There shall be an Attorney General of Vanuatu who shall be the principal legal adviser to the Government.
   

(2) The Attorney General shall exercise such functions and perform such duties as may from time to time be conferred upon him by law.

(3) The Attorney General shall represent Vanuatu in all civil proceedings in the courts and shall on behalf of Vanuatu exercise any of her rights, prerogatives, privileges or functions before any court.

(4) The Attorney General shall participate in all meetings and deliberations of the Council of Ministers but shall have no vote.

APPOINTMENT OF ATTORNEY GENERAL

2. (1) The Attorney General shall be appointed by the President on the advice of the Prime Minister.
   

(2) No person shall be qualified to hold or to act in the office of Attorney General unless he is admitted to practice in Vanuatu as a legal practitioner.

(3) Subject to subsection (4) the Solicitor General and Legal Officers shall be appointed by the Judicial Service Commission.

(4) When the Attorney General considers the circumstances so require he may appoint a person to be Solicitor General or Legal Officer for a period fixed in the instrument of appointment.

RIGHTS OF ATTORNEY GENERAL, SOLICITOR GENERAL AND LEGAL OFFICERS

3. Every person holding the office of Attorney General, Solicitor General and Legal Officer, shall so long as he continues to hold such office be ex-officio a lawyer permitted to practice in Vanuatu.
   

SUPERINTENDENCE OVER LEGAL PRACTITIONERS

4. The Attorney General is invested with general professional superintendence over all lawyers entitled to practice in Vanuatu. He may on behalf of the Law Council refer cases of professional misconduct to the Disciplinary Committee.
   

LAW OFFICERS NOT ENTITLED TO PRIVATE PRACTICE

5. (1) The Attorney General shall not be entitled to private practice of any kind.

(2) The Attorney General may grant written permission to a private practitioner temporarily appointed to act as Attorney General to carry on private practice subject to such conditions as he may consider fit to impose, and may at any time cancel such permission, or vary or add to the conditions.

EXERCISE OF THE ATTORNEY GENERAL'S FUNCTIONS AND POWERS

6. (1) The Attorney General may exercise his functions under section 1 through the Solicitor General or Legal Officers.
   
   • (2) Any functions authorised or required by any enactment to be discharged by the Attorney General may be discharged by the Solicitor General, if –
     

(a) the office of the Attorney General is vacant; or

(b) the Attorney General is unable to act owing to absence or illness; or

(c) the Attorney General authorises the Solicitor General to act in any particular case.

(3) During any period when the office of Attorney General is vacant, any certificate, petition, direction, notice, proceeding or other document, matter or thing whatsoever authorised or required by any enactment to be given, delivered, served, taken or done to, on or against the Attorney General, may be given, delivered, served, taken or done to, on, or against the Solicitor General.

MINISTER'S POWER TO MAKE REGULATIONS

7. The Minister's responsible for justice, on the advice of the Judicial Service Commission may make regulations generally for the better carrying out of this Act and for the internal Organisation of the Attorney General's Chambers.
   

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