New South Wales Consolidated Acts
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LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 45
Prerequisites for grant or renewal of Australian practising certificates in this jurisdiction
45 Prerequisites for grant or renewal of Australian practising certificates in
(1) The designated local regulatory authority may grant or renew an Australian
practising certificate only if it is satisfied that the applicant--
(a) is an
Australian lawyer; and
(b) if required by this Law to have professional
indemnity insurance--has, or will have on or before the grant or renewal,
professional indemnity insurance in accordance with this Law and the Uniform
(c) has indicated in the application that he or she does not hold
(and he or she does not have a current application for) another Australian
practising certificate that would be in force concurrently with the
certificate whose grant or renewal is sought under this section.
Section 474(2) contemplates that jurisdictional legislation may fix fees for
payment in relation to any function of the Supreme Court, the designated
tribunal or a local regulatory authority under this Law or the Uniform Rules.
This could, for example, extend to processing an application for a practising
(2) Subject to subsection (4), the designated local regulatory
authority must not grant or renew an Australian practising certificate if it
considers that the applicant is not a fit and proper person to hold the
(3) In considering whether a person is or is not a fit and
proper person to hold an Australian practising certificate, the designated
local regulatory authority may have regard to the matters specified in the
Uniform Rules for the purposes of this section.
(4) A person may be
considered a fit and proper person to hold an Australian practising
certificate even though the person does not satisfy the requirements for a
matter to which the designated local regulatory authority may have regard, if
it is satisfied that this action is warranted in the circumstances.
person who has been refused the grant or renewal of a certificate is a
disqualified person--see the definition of
"disqualified person" in section 6.
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