38Partial refund of application fees for certain licences

#### 38 Partial refund of application fees for certain licences 38 Partial refund of application fees for certain licences > > (1) For the purposes of the Act, section 172(2)(g), this section applies to an application fee for a licence with a term of 3 years or 5 years, paid by or on behalf of a person who— > > > > > (a) has requested the licence be cancelled under the Act, or > > > > > (b) if the fee was paid by or on behalf of an individual—has died. > > > (2) A person may apply to the Secretary for a refund of the application fee if the person— > > > > > (a) paid the application fee, or > > > > > (b) is applying for or on behalf of the person who paid the application fee, or > > > > > (c) is the legal representative of a deceased individual who paid the application fee. > > > (3) A person is not entitled to make an application under this section if the licence was suspended or cancelled as a result of disciplinary action. > > > (4) A person who makes an application under subsection (2) is— > > > > > (a) for a licence with a term of 3 years—entitled to a refund of one-third of the fixed component of the application fee paid for each complete year remaining for the licence, or > > > > > (b) for a licence with a term of 5 years—entitled to a refund of one-fifth of the fixed component of the application fee paid for each complete year remaining for the licence. > > > (5) In this section— > > > > application fee means the following— > > > > > (a) an application fee for the grant of a licence, > > > > > (b) an application fee for the renewal of a licence, > > > > > (c) an application fee for the restoration of a licence. > > > > fixed component, of an application fee, is the amount set out in Schedule 1, Part 1, Column 2 for the fee.