Ineligibility to be licensed
5 Ineligibility to be licensed
A person is ineligible to apply for a licence under section 6, or hold a licence by virtue of holding deemed registration, if – in the case of a person applying for a licence under section 6, the person does not hold the prescribed qualifications and have the prescribed experience; or he or she is an undischarged bankrupt or a person who has made an arrangement with creditors that has not been carried out; or his or her licence has been suspended or cancelled under Part 4; or he or she is disqualified from acting as a legal practitioner under the Legal Profession Act 2007 or a corresponding law within the meaning of that Act; or he or she holds a licence under the Property Agents and Land Transactions Act 2016; or he or she has, within the preceding period of 5 years, been convicted in Tasmania or elsewhere of an indictable offence and sentenced to – imprisonment for a term or terms in the aggregate of 3 years or more; or a period of detention for 3 years or more under a restriction order made under section 75(1)(e) of the Sentencing Act 1997 or an equivalent order made in any jurisdiction outside Tasmania.
For the purposes of subsection (1)(f) – a conviction in respect of which a free pardon has been granted is to be disregarded; and a person who is on parole is taken to be serving a sentence of imprisonment.
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