Application for certificate of eligibility
5 Application for certificate of eligibility
S. 5(1) amended by No. 17/2014 s. 160(Sch. 2 item 81.3(a)).
A person who intends to apply for appointment as a public notary must apply to the Victorian Legal Admissions Board for a certificate that the applicant is eligible for appointment in accordance with section 4.
An application under subsection (1) must be in the form prescribed by the rules of the Supreme Court.
S. 5(3) amended by Nos 10/2004 s. 15(Sch. 1 item 24), 14/2006 s. 18.
An applicant must pay to the Prothonotary a fee of 29 fee units or, if a fee is prescribed by the regulations, the prescribed fee.
S. 5(4) amended by No. 15/2012 s. 17(1).
An application must be accompanied by evidence of the matters set out in section 4(1)(b), (c) and (d) and (2).
S. 5(4A) inserted by No. 15/2012 s. 17(2), amended by No. 17/2014 s. 160(Sch. 2 item 81.3 (b)(i)).
In determining whether an applicant is a fit and proper person to be a public notary, the Victorian Legal Admissions Board must have regard to—
whether the applicant has ever been suspended from practice; and
S. 5(4A)(b) amended by No. 17/2014 s. 160(Sch. 2 item 81.3 (b)(ii)).
whether the applicant has been found guilty of either of the following within the meaning of the Legal Profession Uniform Law (Victoria)—
professional misconduct; or
unsatisfactory professional conduct; and
S. 5(4A)(c) amended by No. 17/2014 s. 160(Sch. 2 item 81.3 (b)(ii)).
whether the applicant has been found guilty of either of the following under a corresponding law within the meaning of the Legal Profession Uniform Law (Victoria)—
professional misconduct; or
unsatisfactory professional conduct; and
S. 5(4A)(d) substituted by No. 17/2014 s. 160(Sch. 2 item 81.3(c)).
whether the applicant is being investigated for a complaint containing a disciplinary matter—
within the meaning of the Legal Profession Uniform Law (Victoria); or
under a corresponding law within the meaning of that Law.
S. 5(5) amended by No. 17/2014 s. 160(Sch. 2 item 81.3(d)).
The Victorian Legal Admissions Board may require an applicant—
to provide any further evidence that the Board thinks fit in relation to any matter relevant to the Board's consideration; or
to appear in person before the Board.
S. 5(6) amended by No. 17/2014 s. 160(Sch. 2 item 81.3(d)).
The Victorian Legal Admissions Board may make any enquiries it thinks fit concerning an application under this section.
S. 5(7) amended by Nos 18/2005 s. 18(Sch. 1 item 89.3), 17/2014 s. 160(Sch. 2 item 81.3(d)).
The Victorian Legal Admissions Board may, subject to any conditions it thinks fit, dispense with or vary, in an individual case, the requirement that an applicant have held for a period of 5 years an Australian practising certificate authorising the person to engage in legal practice as a principal to the extent that the Board considers that the dispensation or variation—
does not; or
if the applicant complies with the conditions imposed by the Board, will not—
materially diminish the value of that requirement.
S. 5(8) amended by No. 17/2014 s. 160(Sch. 2 item 81.3(d)).
If it appears to the Victorian Legal Admissions Board that the applicant is eligible for appointment as a public notary, the Board must issue to the applicant a certificate in the form prescribed by the rules of the Supreme Court.
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