Division 3Division 3 Application and issue procedure
11 Application to licences of Licensing and Registration (Uniform Procedures) Act 2002
(1) The Director-General may grant licences for the purposes of this Act.(2) Part 2 of the Licensing and Registration (Uniform Procedures) Act 2002 (the applied Act) applies to and in respect of a licence, subject to the modifications and limitations prescribed by or under this Act.(3) For the purpose of applying Part 2 of the applied Act to a licence:(a) the Director-General is taken to be the licensing authority, and(b) the licence may be amended under that Act, and(c) the reference to 2 weeks in section 9 (1) (a) of that Act is to be read as a reference to 4 weeks, and(d) an application for restoration of a licence under section 10 of that Act may not be made more than 3 months after the date on which the licence expires, and(e) the reference to 28 days in section 17 (1) of that Act (as to the period within which an application must be determined) is to be read as a reference to 8 weeks, and(f) section 21 (1) and (4) of that Act do not have effect, and(g) the reference to 14 days in section 24 (1) of that Act (as to the period within which changed particulars must be notified) is to be read as a reference to 7 days, and(h) section 25 of that Act does not have effect.(4) A licence is taken to be a fixed-term licence for the purposes of Part 2 of the applied Act.(5) Subject to this section, the regulations may make provision for or with respect to such matters concerning a licence as are relevant to the operation of Part 2 of the applied Act.
12 Application fees and Compensation Fund contributions
(1) An applicant for a licence must make provision for the payment of an application fee of an amount prescribed by the regulations.(2) An applicant for a licence must also make provision for the payment of the contribution to the Compensation Fund required under section 89 in relation to the application.
13 Grounds for refusal of licence
(1) A licence must not be granted to an applicant unless the applicant is eligible to be granted a licence (as provided by section 8).(2) The Director-General may refuse an application on any of the grounds (listed in section 132) on which the Director-General may take disciplinary action.
A licence may be granted subject to conditions, including (but not limited to) conditions of the following kind:(a) a condition prohibiting the licensee from carrying out conveyancing work otherwise than as an employee of a licensee whose licence does not contain such a condition,(b) a condition prohibiting the licensee from carrying out conveyancing work in relation to specified kinds of transaction,(c) a condition prohibiting the licensee from carrying out conveyancing work except in relation to specified kinds of transaction,(d) a condition requiring the licensee to undertake or complete a specified course of studies within a specified period of time,(e) a condition requiring a licensee to undertake by way of professional development specified further education or training during the term of the licence.
15 Special condition requiring professional indemnity insurance
(1) The regulations may make provision for or with respect to requiring the holder of a licence to be insured under a policy of professional indemnity insurance in force with respect to the licensee or his or her employer. It is a condition of a licence that the holder of the licence be insured as required by any such regulations.(2) In particular, the regulations may require that the policy of insurance be a policy, or a policy of a kind, that is approved by the Minister for the time being by order published in the Gazette.(3) An order may provide that a policy is an approved policy if the policy complies with either or both of the following:(a) the policy complies with the conditions set out in the order,(b) the policy is described in the order by reference to the insurer and the number of the policy or is identified in the order by other specified particulars.
Licences are issued by the Director-General and are to be in such form and specify such information as the Director-General determines.
A licence takes effect on the date on which it is granted or on such later date as may be specified in it and (unless it is sooner suspended or cancelled) remains in force until the following 30 June.