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.