Section 40A - Fair Trading Legislation Amendment (Reform) Act 2018 - Restoration of licence or drivers certificate

40ARestoration of licence or drivers certificate

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40A Restoration of licence or drivers certificate

(1) An application for the restoration of a licence or drivers certificate must be made—

(a) within 3 months of the expiry of the licence or drivers certificate, or

(b) within the further period determined by the Secretary on the application of the person seeking the restoration of the licence or drivers certificate.

(2) Without limiting subsection (1) (b), the Secretary may extend the period within which an application for the restoration of a licence or drivers certificate may be made if the Secretary is satisfied that—

(a) in a case where the applicant failed to apply for renewal before the licence or drivers certificate expired—the failure to apply for renewal of the licence or drivers certificate before it expired was due to inadvertence, or

(b) it is just and equitable to restore the licence or drivers certificate.

(3) A licence or drivers certificate that has been surrendered or cancelled must not be restored.

(4) An application for the restoration of a licence or drivers certificate must—

(a) be made in the approved form (if any), and

(b) be accompanied by the fee prescribed by the regulations, and

(c) nominate a term of duration for the licence or drivers certificate.

(5) A licence or drivers certificate restored at any time is taken to have been restored from the day on which the licence or drivers certificate expired.

(6) Subject to this section, this Act applies to an application for the restoration of a licence or drivers certificate in the same way as it applies to an application for a licence or drivers certificate.