sec.63Chief executive may restore or refuse to restore licence

### sec.63 Chief executive may restore or refuse to restore licence The chief executive must consider the restoration application and may decide to restore or refuse to restore the licence. The chief executive may decide to restore the licence only if the chief executive is satisfied— the person is a suitable person to hold a licence and— if the person carries on, or intends to carry on, business in partnership or in conjunction with others—each member of the partnership or each person with whom the person carries on business in conjunction is a suitable person to hold a licence; and if the person is a corporation—each executive officer of the corporation is a suitable person to hold a licence; and the application is made under section 61 ; and the person meets the eligibility requirements, other than eligibility requirements of an educational nature, for the licence. If section 92B (1) applied to the licensee in relation to the expired licence, the chief executive must, in deciding whether to restore or refuse to restore the licence, have regard to whether— the licensee complied with section 92B (1) for each CPD year ending within the term of the licensee’s expired licence; or the licensee did not comply with section 92B (1) for each CPD year ending within the term of the licensee’s expired licence but exceptional circumstances applied. If the chief executive decides to refuse to restore the licence, 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 licence— the licence is taken to have been renewed on the day it would, apart from section 62 , have expired (the initial expiry date ); and to remove any doubt, 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 licence had been renewed immediately before the initial expiry date. s 63 amd 2024 No. 27 s 111 (sec.63-ssec.1) The chief executive must consider the restoration application and may decide to restore or refuse to restore the licence. (sec.63-ssec.2) The chief executive may decide to restore the licence only if the chief executive is satisfied— the person is a suitable person to hold a licence and— if the person carries on, or intends to carry on, business in partnership or in conjunction with others—each member of the partnership or each person with whom the person carries on business in conjunction is a suitable person to hold a licence; and if the person is a corporation—each executive officer of the corporation is a suitable person to hold a licence; and the application is made under section 61 ; and the person meets the eligibility requirements, other than eligibility requirements of an educational nature, for the licence. (sec.63-ssec.3) If section 92B (1) applied to the licensee in relation to the expired licence, the chief executive must, in deciding whether to restore or refuse to restore the licence, have regard to whether— the licensee complied with section 92B (1) for each CPD year ending within the term of the licensee’s expired licence; or the licensee did not comply with section 92B (1) for each CPD year ending within the term of the licensee’s expired licence but exceptional circumstances applied. (sec.63-ssec.4) If the chief executive decides to refuse to restore the licence, the chief executive must give the person an information notice about the decision within 14 days after making the decision. (sec.63-ssec.5) If the chief executive decides to restore the licence— the licence is taken to have been renewed on the day it would, apart from section 62 , have expired (the initial expiry date ); and to remove any doubt, 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 licence had been renewed immediately before the initial expiry date. - (a) the person is a suitable person to hold a licence and— (i) if the person carries on, or intends to carry on, business in partnership or in conjunction with others—each member of the partnership or each person with whom the person carries on business in conjunction is a suitable person to hold a licence; and (ii) if the person is a corporation—each executive officer of the corporation is a suitable person to hold a licence; and - (i) if the person carries on, or intends to carry on, business in partnership or in conjunction with others—each member of the partnership or each person with whom the person carries on business in conjunction is a suitable person to hold a licence; and - (ii) if the person is a corporation—each executive officer of the corporation is a suitable person to hold a licence; and - (b) the application is made under section 61 ; and - (c) the person meets the eligibility requirements, other than eligibility requirements of an educational nature, for the licence. - (i) if the person carries on, or intends to carry on, business in partnership or in conjunction with others—each member of the partnership or each person with whom the person carries on business in conjunction is a suitable person to hold a licence; and - (ii) if the person is a corporation—each executive officer of the corporation is a suitable person to hold a licence; and - (a) the licensee complied with section 92B (1) for each CPD year ending within the term of the licensee’s expired licence; or - (b) the licensee did not comply with section 92B (1) for each CPD year ending within the term of the licensee’s expired licence but exceptional circumstances applied. - (a) the licence is taken to have been renewed on the day it would, apart from section 62 , have expired (the initial expiry date ); and - (b) to remove any doubt, 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 licence had been renewed immediately before the initial expiry date.