35Restoration of registration

35 Restoration of registration

35 Restoration of registration

(1) For the purposes of section 47(1) of the Act, an application for the restoration of registration must be made—

(a) within 3 months after the expiry of the registration, or

(b) within a further period determined by the Secretary on the application of the person seeking the restoration of the registration.

(2) Without limiting subclause (1)(b), the Secretary may extend the period within which an application for restoration of registration may be made if the Secretary is satisfied that—

(a) for an applicant who failed to apply for renewal of the registration before the registration expired—the failure was due to inadvertence, or

(b) it is just and equitable to restore the registration.

(3) The Secretary must refuse to restore a registration if the registration was surrendered or cancelled.

(4) A certificate of registration restored at any time is taken to have been restored on and from the day on which the certificate of registration expired.

(5) Subject to this clause, the Act continues to apply to an application for the restoration of a registration in the same way it applies to an application for registration.

Note—

The definition of register in section 3(1) of the Act includes restoration of registration.