LEGAL PROFESSION ACT 2006 - SECT 45 Grant or renewal of barrister practising certificate

LEGAL PROFESSION ACT 2006 - SECT 45

    (1)     The bar council must consider an application that has been made for the grant or renewal of a barrister practising certificate, and may—

        (a)     grant or renew the practising certificate; or

        (b)     refuse to grant or renew the practising certificate.

Note     When granting or renewing a barrister practising certificate, the bar council may impose conditions on the certificate under s 47.

    (2)     However, the bar council—

        (a)     need not consider an application for grant or renewal of a barrister practising certificate if—

              (i)     the application has not been made in accordance with this Act; or

              (ii)     the required fees have not been paid; and

        (b)     may refuse to grant or renew the practising certificate if the applicant has not complied with the criteria prescribed by regulation and the legal profession rules for the grant or renewal.

Note     This Act —see the dictionary.

    (3)     The bar council must not grant a barrister practising certificate unless 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.

    (4)     The bar council must not renew a barrister practising certificate if 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 bar council must not grant or renew a barrister practising certificate if—

        (a)     it considers the applicant's circumstances have changed since the application was made; and

        (b)     the applicant would (having regard to information that has come to the bar council's attention) not have been eligible to make the application when the application is being considered.

    (6)     This section does not affect any other provision of this Act that provides for the refusal to grant or renew a barrister practising certificate.

Note 1     The bar council must not grant or renew a practising certificate for an insurable legal practitioner unless satisfied that the practitioner will be covered by an approved indemnity insurance policy (see s 311).

Note 2     See also s 63 (Refusal to grant or renew barrister practising certificate—failure to show cause etc).

    (7)     If the bar council grants or renews a barrister practising certificate, the bar council must give the applicant—

        (a)     for the grant of a certificate—the practising certificate granted; or

        (b)     for the renewal of a certificate—the new practising certificate.

    (8)     If the bar council refuses to grant or renew a barrister practising certificate, the bar council must give the applicant an information notice.