I, ROBERT McCLELLAND, Attorney‑General, make these Directions under section 55ZF of the Judiciary Act 1903.

Dated 7 October 2008

ROBERT McCLELLAND

Attorney‑General

1 Name of Directions

  These Directions are the Legal Services Amendment Directions  2008 (No. 3).

2 Commencement

  These Directions commence on the day after they are registered.

3 Amendment of Legal Services Directions 2005

  Schedule 1 amends the Legal Services Directions 2005.

Schedule 1 Amendment

(section 3)

[1] Schedule, after paragraph 10

insert

10A Advice on constitutional law matters

10A.1  An FMA agency that seeks legal advice on a constitutional law issue from the Australian Government Solicitor (AGS) must:

 (a) at the same time give a copy of the request for advice to the Secretary of the Attorney‑General’s Department; or

 (b) for an oral request — as soon as practicable:

 (i) confirm it in writing; and

 (ii) give a copy of the request to the Secretary of the Attorney‑General’s Department.

10A.2  The Attorney‑General’s Department or AGS may consult with the Solicitor‑General about whether the advice should be given by the Solicitor‑General or the AGS.

10A.3  The AGS must give a copy of any final advice it gives on a constitutional law issue to the Attorney‑General’s Department and to the Solicitor‑General.

Note   Copies of the Solicitor‑General’s advices will be given to the Attorney‑General’s Department and AGS.

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.