sec.135Chief executive may restore or refuse to restore registration certificate

### sec.135 Chief executive may restore or refuse to restore registration certificate The chief executive must consider the restoration application and may decide to restore or refuse to restore the registration certificate. The chief executive may decide to restore the certificate only if the chief executive is satisfied— the person is a suitable person for registration as a real estate salesperson; and the application is made under section 133 (2) ; and the person meets the eligibility requirements, other than eligibility requirements of an educational nature, for the certificate. If section 151B (1) applied to the real estate salesperson in relation to the expired registration certificate, the chief executive must, in deciding whether to restore or refuse to restore the registration certificate, have regard to whether— the real estate salesperson complied with section 151B (1) for each CPD year ending within the term of the salesperson’s expired registration certificate; or the real estate salesperson did not comply with section 151B (1) for each CPD year ending within the term of the salesperson’s expired registration certificate but exceptional circumstances applied. If the chief executive decides to refuse the application, the chief executive must give the person an information notice about the decision within 14 days after making the decision. If the chief executive decides to restore the certificate— the certificate is taken to have been renewed on the day it would, apart from section 134 , have expired (the initial expiry date ); and to remove any doubt, it is declared that a thing done during the period starting on the initial expiry date and ending on the day the decision is made is taken to have been as validly done as it would have been if the certificate had been renewed immediately before the initial expiry date. s 135 amd 2024 No. 27 s 117 (sec.135-ssec.1) The chief executive must consider the restoration application and may decide to restore or refuse to restore the registration certificate. (sec.135-ssec.2) The chief executive may decide to restore the certificate only if the chief executive is satisfied— the person is a suitable person for registration as a real estate salesperson; and the application is made under section 133 (2) ; and the person meets the eligibility requirements, other than eligibility requirements of an educational nature, for the certificate. (sec.135-ssec.3) If section 151B (1) applied to the real estate salesperson in relation to the expired registration certificate, the chief executive must, in deciding whether to restore or refuse to restore the registration certificate, have regard to whether— the real estate salesperson complied with section 151B (1) for each CPD year ending within the term of the salesperson’s expired registration certificate; or the real estate salesperson did not comply with section 151B (1) for each CPD year ending within the term of the salesperson’s expired registration certificate but exceptional circumstances applied. (sec.135-ssec.4) If the chief executive decides to refuse the application, the chief executive must give the person an information notice about the decision within 14 days after making the decision. (sec.135-ssec.5) If the chief executive decides to restore the certificate— the certificate is taken to have been renewed on the day it would, apart from section 134 , have expired (the initial expiry date ); and to remove any doubt, it is declared that a thing done during the period starting on the initial expiry date and ending on the day the decision is made is taken to have been as validly done as it would have been if the certificate had been renewed immediately before the initial expiry date. - (a) the person is a suitable person for registration as a real estate salesperson; and - (b) the application is made under section 133 (2) ; and - (c) the person meets the eligibility requirements, other than eligibility requirements of an educational nature, for the certificate. - (a) the real estate salesperson complied with section 151B (1) for each CPD year ending within the term of the salesperson’s expired registration certificate; or - (b) the real estate salesperson did not comply with section 151B (1) for each CPD year ending within the term of the salesperson’s expired registration certificate but exceptional circumstances applied. - (a) the certificate is taken to have been renewed on the day it would, apart from section 134 , have expired (the initial expiry date ); and - (b) to remove any doubt, it is declared that a thing done during the period starting on the initial expiry date and ending on the day the decision is made is taken to have been as validly done as it would have been if the certificate had been renewed immediately before the initial expiry date.