LEGAL PROFESSION ACT 2007 - SECT 51
Grant or renewal of local practising certificate
LEGAL PROFESSION ACT 2007 - SECT 51
Grant or renewal of local practising certificate
51 Grant or renewal of local practising certificate
(1) A regulatory authority must consider an application that has been made to
it 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) The regulatory authority may, when granting or renewing a
certificate, impose conditions as mentioned in section 53.
(3) The
regulatory authority may refuse—
(a) to consider an application if—
(i) it
is not made under this Act; or
(ii) fees and costs payable under this Act
have not been paid; or
(b) to grant or renew a local practising certificate
if the applicant has not complied with the administration rules of the
authority relating to the application.
(4) The regulatory 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.
(5) The
regulatory authority must not renew a local practising certificate if it is
satisfied that the applicant—
(a) was not eligible to apply for the renewal
of the certificate when the application was made; or
(b) is not a fit and
proper person to continue to hold the certificate.
Note—
See section 46(Suitability to hold local practising certificate).
(6) Also, the
regulatory authority must not grant or renew a local practising certificate if
the 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 authority’s attention, not have been eligible to make
the application when the application is being considered.
(7) If the
regulatory authority grants or renews a local practising certificate, the
authority must 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 or a notice of renewal.
(8) The regulatory
authority must give the applicant an information notice if the 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.
(9) The applicant may apply, as provided under the QCAT Act , to
the tribunal for a review of the decision to refuse to grant or renew the
local practising certificate as mentioned in subsection (8) .
Note—
For
matters relevant to the imposition of conditions, see section 54.
