AustLII Tasmanian Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

LEGAL PROFESSION ACT 2007 - SECT 53

Grant or renewal of local practising certificate

(1)  The prescribed authority must consider an application that has been made for the grant or renewal of a local practising certificate and may –
(a) grant or refuse to grant the certificate; or
(b) renew or refuse to renew the certificate –
and in granting or renewing the certificate may impose conditions as referred to in section 56 (Conditions imposed by prescribed authority).
(2)  The prescribed authority may refuse –
(a) to consider an application if –
(i) it is not made in accordance with this Act or the legal profession rules; or
(ii) the required fees and costs have not been paid; or
(b) to grant or renew a local practising certificate if the applicant has not complied with the regulations or the legal profession rules in relation to the application.
(3)  The prescribed authority must not grant a local practising certificate unless it is satisfied that the applicant –
(a) was eligible to apply for the grant when the application was made; and
(b) is a fit and proper person to hold the certificate.

Note. Section 43 (Suitability to hold local practising certificate) deals with the question of whether or not a person is a fit and proper person to hold a local practising certificate.

(4)  The prescribed authority must not renew a local practising certificate if it is satisfied that the applicant –
(a) was not eligible to apply for the renewal when the application was made; or
(b) is not a fit and proper person to continue to hold the certificate.
(5)  The prescribed authority must not grant or renew a local practising certificate if the prescribed authority considers the applicant’s circumstances have changed since the application was made and the applicant would (having regard to information that has come to the prescribed authority’s attention) not have been eligible to make the application when the application is being considered.
(6)  Without limiting any other provision of this section, the prescribed authority may refuse to grant or renew a local practising certificate if a finding of unsatisfactory professional conduct or professional misconduct has been made in respect of the applicant and –
(a) a fine imposed because of the finding has not been paid; or
(b) costs awarded against the applicant have not been paid or, if an arrangement for their payment has been made, the applicant is in default under the arrangement.
(7)  Without limiting any other provision of this section, the prescribed authority may refuse to grant or renew a local practising certificate if –
(a) any costs of an investigation or examination payable under Part 3.2 (Trust Money and Trust Accounts) by or in respect of the applicant have not been paid; or
(b) any fees, costs or expenses of external intervention payable under Chapter 5 (External Intervention) by or in respect of the applicant have not been paid; or
(c) any other fees, costs or levies required under the Act have not been paid.
(8)  Without limiting any other provision of this section, the prescribed authority may refuse to grant or renew a local practising certificate on any ground on which the local practising certificate could be suspended or cancelled.
(9)  This section does not affect any other provision of this Act that provides for the refusal to grant a local practising certificate.
(10)  If the prescribed authority grants or renews a local practising certificate, the prescribed authority must, as soon as practicable, give the applicant –
(a) for the grant of a certificate, a local practising certificate; or
(b) for the renewal of a certificate, a new local practising certificate.
(11)  Within 30 days after receiving an application for the grant of a local practising certificate, the prescribed authority must –
(a) grant the certificate; or
(b) refuse to grant the certificate.
(12)  Within 60 days after receiving an application for renewal of a local practising certificate, the prescribed authority must –
(a) renew the certificate; or
(b) refuse to renew the certificate.
(13)  If the prescribed authority –
(a) refuses to grant or renew a local practising certificate; or
(b) imposes a condition on the certificate and the applicant does not agree to the condition –
the prescribed authority must, as soon as practicable, give the applicant an information notice.



[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]