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) This clause applies to an application fee for a licence with a term of 3 or 5 years, paid by or on behalf of a person who—

(a) has surrendered the licence, or

(b) if the fee was paid by or on behalf of an individual—has died.

(2) The following persons may apply to the Secretary for a refund of an application fee—

(a) the person who paid the application fee,

(b) a person on behalf of the person who paid the application fee,

(c) the legal representative of a deceased individual who paid the application fee.

(3) A person may not apply for a refund if the licence was surrendered as a result of disciplinary action.

(4) The amount of the refund is—

(a) for a licence with a term of 3 years—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—one-fifth of the fixed component of the application fee paid for each complete year remaining for the licence.

(5) In this clause—

application fee means an application fee for the following—

(a) the grant of a licence,

(b) the renewal of a licence,

(c) the restoration of a licence.

fixed component, of an application fee, is the amount set out in Column 2 of Part 1 of Schedule 2 in relation to the fee.