5Ineligibility to be licensed

5 Ineligibility to be licensed

(1)  [Section 5 Subsection (1) amended by No. 29 of 2022, s. 11, Applied:01 Jul 2023] A person is ineligible to apply for a licence under section 6 , or hold a licence by virtue of holding deemed registration, if –

(a) [Section 5 Subsection (1) amended by No. 29 of 2022, s. 11, Applied:01 Jul 2023] in the case of a person applying for a licence under section 6 , the person does not hold the prescribed qualifications and have the prescribed experience; or

(b) he or she is an undischarged bankrupt or a person who has made an arrangement with creditors that has not been carried out; or

(c) his or her licence has been suspended or cancelled under Part 4 ; or

(d) [Section 5 Subsection (1) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] he or she is disqualified from acting as a legal practitioner under the Legal Profession Act 2007 or a corresponding law within the meaning of that Act; or

(e) [Section 5 Subsection (1) amended by No. 58 of 2016, Sched. 4, Applied:01 Apr 2017] he or she holds a licence under the Property Agents and Land Transactions Act 2016 ; or

(f) he or she has, within the preceding period of 5 years, been convicted in Tasmania or elsewhere of an indictable offence and sentenced to –

(i) imprisonment for a term or terms in the aggregate of 3 years or more; or

(ii) a period of detention for 3 years or more under a restriction order made under section 75(1)(e) of the Sentencing Act 1997 or an equivalent order made in any jurisdiction outside Tasmania.

(2)  For the purposes of  –