36Suitability to hold local practising certificate

36 Suitability to hold local practising certificate (1) This section applies for section 44 (Grant or renewal of unrestricted or restricted practising certificate) and any other provision of this Act for which the question of whether a person is a fit and proper person to hold a local practising certificate is relevant. (2) In considering whether or not a person is a fit and proper person to hold a local practising certificate, the relevant council may take into account any suitability matter relating to the person, and any of the following, whether happening before or after the commencement of this section: (a) whether the person obtained an Australian practising certificate because of incorrect or misleading information; (b) whether the person has contravened a condition of an Australian practising certificate held by the person; (c) whether the person has contravened this Act or a corresponding law; (d) whether the person has contravened— (i) an order of the ACAT; or (ii) an order of a corresponding disciplinary body or of another court or tribunal of another jurisdiction exercising jurisdiction or powers by way of appeal or review of an order of a corresponding disciplinary body; (e) without limiting any other paragraph— (i) whether the person has failed to pay a required contribution or levy to the fidelity fund; or (ii) whether the person has contravened a requirement imposed by the council about professional indemnity insurance; or (iii) whether the person has failed to pay other costs or expenses for which the person is liable under this Act; (f) other relevant matters the council considers appropriate. made or in force under the Act, including regulations (see Legislation (3) The relevant council may decide that a person is a fit and proper person to hold a local practising certificate despite anything mentioned in subsection (1) applying in relation to the person if the council considers that the circumstances justify that decision. (4) If a matter was— (a) disclosed in an application by a person for admission to the legal profession in the ACT or another jurisdiction; and (b) decided by a Supreme Court, the admissions board or a corresponding authority not to be sufficient for refusing admission; the matter cannot be taken into account as a ground for refusing to grant or renew or for suspending or cancelling a local practising certificate, but the matter may be taken into account when considering other matters in relation to the person. Note Section 44 (Grant or renewal of unrestricted or restricted practising certificate) provides that a local practising certificate must not be granted unless the relevant council is satisfied that the applicant is a fit and proper person to hold the certificate, and must not be renewed if it is satisfied that the applicant is not a fit and proper person to continue to hold the