Queensland Consolidated Acts

LEGAL PROFESSION ACT 2007 - SECT 51

51 Grant or renewal of local practising certificate

(1) A regulatory authority must consider an application that has been made to it for the grant or renewal of a local practising certificate and may—

(a) grant or refuse to grant the certificate; or

(b) renew or refuse to renew the certificate.

(2) The regulatory authority may, when granting or renewing a certificate, impose conditions as mentioned in section 53 .

(3) The regulatory authority may refuse—

(a) to consider an application if—

(i) it is not made under this Act; or

(ii) fees and costs payable under this Act have not been paid; or

(b) to grant or renew a local practising certificate if the applicant has not complied with the administration rules of the authority relating to the application.

(4) The regulatory authority must not grant a local practising certificate unless it is satisfied that the applicant—

(a) was eligible to apply for the grant when the application was made; and

(b) is a fit and proper person to hold the certificate.

(5) The regulatory authority must not renew a local practising certificate if it is satisfied that the applicant—

(a) was not eligible to apply for the renewal of the certificate when the application was made; or

(b) is not a fit and proper person to continue to hold the certificate.

Note—

See section 46 (Suitability to hold local practising certificate).

(6) Also, the regulatory authority must not grant or renew a local practising certificate if the authority considers the applicant’s circumstances have changed since the application was made and the applicant would, having regard to information that has come to the authority’s attention, not have been eligible to make the application when the application is being considered.

(7) If the regulatory authority grants or renews a local practising certificate, the authority must give the applicant—

(a) for the grant of a certificate—a local practising certificate; or

(b) for the renewal of a certificate—a new local practising certificate or a notice of renewal.

(8) The regulatory authority must give the applicant an information notice if the authority—

(a) refuses to grant or renew a local practising certificate; or

(b) imposes a condition on the certificate and the applicant does not agree to the condition.

(9) The applicant may apply, as provided under the QCAT Act , to the tribunal for a review of the decision to refuse to grant or renew the local practising certificate as mentioned in subsection (8) .

Note—

For matters relevant to the imposition of conditions, see section 54 .