AustLII Tasmanian Consolidated Acts

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LEGAL PROFESSION ACT 2007 - SECT 185

Refusal to grant or renew registration

(1)  The domestic registration authority may refuse to consider an application if it is not made in accordance with this Act or the regulations.
(2)  The domestic registration authority may refuse to grant or renew registration if –
(a) the application is not accompanied by, or does not contain, the information required by this Part or prescribed by the regulations; or
(b) the applicant has contravened this Act or a corresponding law; or
(c) the applicant has contravened an order of the Board, Tribunal or a corresponding disciplinary body, including but not limited to an order to pay any fine or costs; or
(d) the applicant has contravened an order of a regulatory authority of any jurisdiction to pay any fine or costs; or
(e) the applicant has failed to comply with a requirement under this Act to pay a contribution to, or levy for, the Guarantee Fund; or
(f) the applicant has contravened a requirement of or made under this Act about professional indemnity insurance; or
(g) the applicant has failed to pay any expenses of receivership payable under this Act; or
(h) the applicant's foreign legal practice is in receivership (however described).
(3)  The domestic registration authority may refuse to grant or renew registration if an authority of another jurisdiction has under a corresponding law –
(a) refused to grant or renew registration for the applicant; or
(b) suspended or cancelled the applicant’s registration.
(4)  The domestic registration authority may refuse to grant registration if the authority is satisfied that the applicant is not a fit and proper person to be registered after considering –
(a) the nature of any offence for which the applicant has been convicted in Australia or a foreign country, whether before or after the commencement of this section; and
(b) how long ago the offence was committed; and
(c) the person’s age when the offence was committed.
(5)  The domestic registration authority may refuse to renew registration if the authority is satisfied that the applicant is not a fit and proper person to continue to be registered after considering –
(a) the nature of any offence for which the applicant has been convicted in Australia or a foreign country, whether before or after the commencement of this section, other than an offence disclosed in a previous application to the domestic registration authority; and
(b) how long ago the offence was committed; and
(c) the person’s age when the offence was committed.
(6)  The domestic registration authority may refuse to grant or renew registration on any ground on which registration could be suspended or cancelled.
(7)  If the domestic registration authority refuses to grant or renew registration, the authority must, as soon as practicable, give the applicant an information notice.
(8)  Nothing in this section affects the operation of Division 7 (Special powers in relation to local registration – show cause events).
(9)  The domestic registration authority must advise the Board of any refusal to grant or renew registration under this section and the reasons for the refusal.
Division 6 - Amendment, suspension or cancellation of local registration



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