Refusal to grant or renew registration
192 Refusal to grant or renew registration
The Law Society may refuse to consider an application if:
it is not made in accordance with this Act; or
(b) the fee prescribed by the regulations and costs have not been paid.
The Society may refuse to grant or renew registration if:
(a) the application is not accompanied by, or does not contain, the information required by this Part or prescribed by the regulations; or
the applicant has contravened this Act or a corresponding law; or
(c) the applicant has contravened an order of the Disciplinary Tribunal or a corresponding disciplinary body, including but not limited to an order to pay any fine or costs; or
(d) the applicant has contravened an order of a regulatory authority of any jurisdiction to pay any fine or costs; or
(e) the applicant has failed to comply with a requirement under this Act to pay a contribution to, or levy for, the Fidelity Fund; or
(f) the applicant has contravened a requirement of or made under this Act about professional indemnity insurance; or
(g) the applicant has failed to pay any expenses of receivership payable under this Act; or
(h) the applicant's foreign legal practice is in receivership (however described).
(3) The Society may refuse to grant or renew registration if an authority of another jurisdiction has under a corresponding law:
refused to grant or renew registration for the applicant; or
suspended or cancelled the applicant's registration.
(4) The Society may refuse to grant registration if it is satisfied the applicant is not a fit and proper person to be registered after considering:
(a) the nature of any offence for which the applicant has been convicted in Australia or a foreign country, whether before or after the commencement of this section; and
how long ago the offence was committed; and
the person's age when the offence was committed.
(5) The Society may refuse to renew registration if it is satisfied the applicant is not a fit and proper person to continue to be registered after considering:
(a) the nature of any offence for which the applicant has been convicted in Australia or a foreign country, whether before or after the commencement of this section, other than an offence disclosed in a previous application to the Society; and
how long ago the offence was committed; and
the person's age when the offence was committed.
(6) The Society may refuse to grant or renew registration on any ground on which registration could be suspended or cancelled.
(7) If the Society refuses to grant or renew registration, the Society must, as soon as practicable, give the applicant an information notice.
Nothing in this section affects the operation of Division 7.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
This Act’s bill:Explanatory statementSecond reading speech
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