AustLII Tasmanian Consolidated Acts

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LEGAL PROFESSION ACT 2007 - SECT 51

Timing of application for renewal of local practising certificate

(1)  An application for the renewal of a local practising certificate must be made within –
(a) the period prescribed by the regulations as the standard renewal period; or
(b) a later period prescribed by the regulations as the late fee period.
(2)  Those periods must be within the currency of the local practising certificate being renewed.
(3)  The prescribed authority may reject an application for renewal made during the late fee period, and must reject an application for renewal made outside those periods unless the prescribed authority accepts the application under subsection (4) .
(4)  The prescribed authority may accept an application made within 6 months after that period (even after the expiry of the local practising certificate being sought to be renewed) if satisfied the delay was caused by reasons beyond the control of the applicant, or other special circumstances exist warranting acceptance of the application.
(5)  For an application accepted under subsection (4) after the expiry of the local practising certificate on 30 June in the year concerned, the certificate –
(a) is taken to have continued in force on and from the 1 July immediately following its expiry until the prescribed authority renews or refuses to renew the certificate or the holder withdraws the application for renewal, unless the certificate is sooner suspended or cancelled; and
(b) if renewed, is taken to have been renewed on and from that 1 July.

Note. Section 52 authorises the charging of a late fee for applications received during the late fee period. If an application is rejected under subsection (3) , the applicant will have to apply for the grant of a new local practising certificate.



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