New South Wales Consolidated Acts

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ARCHITECTS ACT 2003 - SECT 21

Restrictions on registration of de-registered persons

21 Restrictions on registration of de-registered persons

(1) A person must not apply for registration (and any such application must be rejected) if:
(a) the person’s registration is cancelled under this Act, or
(b) the Tribunal or the Supreme Court orders that the person not be re-registered (a "registration prohibition order").
(2) A person may apply for registration despite subsection (1) only if:
(a) any period specified in a registration prohibition order during which the person is not to be re-registered has expired and any other condition specified in the order is complied with, or
(b) the Tribunal or Supreme Court orders that the person may apply for registration despite subsection (1) (an "application permission order").
(3) A person to whom subsection (1) applies may apply for an application permission order:
(a) where the Tribunal ordered the cancellation of the person’s registration or made the registration prohibition order against the person-to the Tribunal, or
(b) where the Supreme Court ordered the cancellation of the person’s registration or made the registration prohibition order against the person-to the Supreme Court,
but only if a period of at least 12 months has elapsed since the cancellation of the person’s registration or the making of the registration prohibition order (as the case may be).
(4) The Board is to be a party to any proceedings concerning an application for an application permission order.
(5) The Tribunal or Supreme Court is not to make an application permission order unless it is satisfied that no useful disciplinary purpose is served by continuing to prohibit the person from applying for registration.
(7) Nothing in this section affects any entitlement of a person who has failed to pay an annual fee for registration to be re-registered under section 28 on payment of any such fee.



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