Northern Territory Consolidated Acts

LEGAL PROFESSION ACT - SECT 54

(1) The Law Society 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.

(2) In granting or renewing the certificate, the Society may impose conditions mentioned in section 70.

(3) The Society may refuse:

(a) to consider an application if:

(i) it is not made in accordance with this Act; 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 in relation to the application.

(4) The Society must not grant a local practising certificate unless it is satisfied 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.

(5) The Society must not renew a local practising certificate if it is satisfied 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.

(6) The Society must not grant or renew a local practising certificate if the Society considers:

(a) 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 Society's attention, not have been eligible to make the application when the application is being considered.

(7) Without limiting another provision of this section, the Society may refuse to grant or renew a local practising certificate if:

(a) the applicant is required by this Act to contribute to the Fidelity Fund and the application is not accompanied by the contribution payable; or

(b) any levy payable by the applicant under Part 3.5 is unpaid; or

(c) the Society is not satisfied the law practice in respect of which the applicant is:

(i) a sole practitioner (in the case of a law practice constituted by the practitioner); or

(ii) a partner (in the case of a law firm); or

(iii) a legal practitioner director (in the case of an incorporated legal practice); or

(iv) a legal practitioner partner (in the case of a multi-disciplinary partnership); or

(v) an employee of, or consultant to;

has approved professional indemnity insurance; or

(d) the applicant is in breach of a condition imposed under section 70.

(8) If the Society grants or renews a local practising certificate, the Society 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.

(9) If the Society:

(a) refuses to grant or renew a local practising certificate; or

(b) imposes a condition on the certificate;

the Society must, as soon as practicable, give the applicant an information notice.