Western Australian Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

LEGAL PROFESSION ACT 2008 - SECT 44

44 .         Timing of application for renewal of local practising certificate

        (1)         An application for the renewal of a local practising certificate must be made within —

            (a)         the period prescribed by the legal profession rules as the standard renewal period; or

            (b)         the later period prescribed by the legal profession rules as the late fee period.

        (2)         Those periods must be within the currency of the local practising certificate being sought to be renewed.

        (3)         The Board may reject an application for renewal made during the late fee period, and must reject an application for renewal made outside those periods unless the Board accepts the application under subsection (4).

        (4)         The Board may accept an application made within 6 months after the late fee period (even after the expiry of the local practising certificate being sought to be renewed) if satisfied the delay was caused by reasons beyond the control of the applicant or other special circumstances warranting acceptance of the application.

        (5)         For an application accepted under subsection (4) after the expiry of the local practising certificate on 30 June in the year concerned, the certificate —

            (a)         is taken to have continued in force on and from the 1 July immediately following its expiry until the Board renews or refuses to renew the certificate or the holder withdraws the application for renewal, unless the certificate is sooner suspended or cancelled; and

            (b)         if renewed, is taken to have been renewed on and from that 1 July.

        (6)         Subsection (7) applies if an application for renewal of a local practising certificate is made during or after the late fee period prescribed by the legal profession rules.

        (7)         Payment of a late fee prescribed by or determined under the legal profession rules may, if the Board thinks fit, be required as a condition of acceptance of the application.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback