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LEGAL PROFESSION UNIFORM LAW APPLICATION ACT 2014 - SECT 73 Australian practising certificate fees and fidelity fund contributions

LEGAL PROFESSION UNIFORM LAW APPLICATION ACT 2014 - SECT 73

Australian practising certificate fees and fidelity fund contributions

    (1)     An application for the grant or renewal of an Australian practising certificate in which the applicant states that Victoria is the jurisdiction that he or she reasonably intends will be his or her principal place of practice in Australia must be accompanied by—

        (a)     the prescribed fee for the certificate; and

        (b)     the required contribution to the fidelity fund (if any).

Note

Applications are made under section 44 of the Legal Profession Uniform Law (Victoria). See section 225 of that Law for fidelity fund contributions.

    (2)     A person must pay a surcharge of 200% of the prescribed fee for an Australian practising certificate if all of the following apply—

        (a)     the person applies for the grant of a practising certificate during the first 3 months of a financial year; and

        (b)     the person was an Australian legal practitioner immediately before the end of the previous financial year; and

        (c)     the person's home jurisdiction immediately before the end of the previous financial year was Victoria.

    (3)     Subsection (2) does not apply if the application is accompanied by a statutory declaration from the applicant stating—

        (a)     that the applicant has not engaged in legal practice since the end of the previous financial year; and

        (b)     that, as at the end of the previous financial year, the applicant did not intend to engage in legal practice for at least the first 3 months of the current financial year; and

        (c)     the reasons why the intention referred to in paragraph (b) has changed.

    (4)     The Victorian Legal Services Board may refund all or part of a surcharge paid under subsection (2) if it considers that there are special circumstances.

    (5)     A fee or surcharge is not payable for an Australian practising certificate that authorises the holder to engage in legal practice only as a volunteer at a community legal service or otherwise on a pro bono basis.