Victorian Consolidated Legislation

Conveyancers Act 2006 - SECT 29

Person involved in claim may be allowed to hold licence in exceptional circumstances

29. Person involved in claim may be allowed to hold licence in exceptional
circumstances



(1) This section applies to the following persons-

   (a)  a natural person in relation to whom a claim has been allowed against
        the Fund;

   (b)  a director of, or a person concerned in the management of, a company
        in relation to which a claim has been allowed against the Fund.

(2) The person may apply to the Authority for permission to hold, or to
continue to hold, a licence.

(3) An application under this section must-

   (a)  be in the form approved by the Authority; and

   (b)  contain the information required by the Authority; and

   (c)  be accompanied by the documents required by the Authority; and

   (d)  be accompanied by the prescribed fee (if any).

(4) In considering an application under this section, the Authority may-

   (a)  conduct any inquiries it thinks fit;

   (b)  require the applicant to provide any further information relating to
        the application that the Authority thinks fit in the manner required
        by the Authority;

   (c)  seek advice and information on the application from any other person
        or body as the Authority thinks fit.

(5) The Authority may refuse to give its permission if the applicant does not
provide the further information required, or his or her consent for the
Authority to obtain that information, within a reasonable time after the
requirement is made.

(6) The Authority may give its permission if it is satisfied-

   (a)  that the applicant has refunded, or has made arrangements to refund,
        all amounts paid out of the Fund in respect of the claim; and

   (b)  that there were exceptional circumstances which gave rise to the claim
        against the applicant; and

   (c)  that, having regard to the conduct of the applicant before and after
        the claim, there is no reasonable expectation that the applicant will
        not comply with this Act and the regulations in future; and

   (d)  that the giving of the permission is not contrary to the public
        interest.