Creaser v Savannah Associates Ltd

[2003] ACTCA 26

ACT Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Permits and licences
4. › Dangerous goods
5. › Fit and proper person test
6. › Application to corporate entity
7. › Whether decision-maker required to identify persons exercising effective control of corporation
8. › Whether local agent's credentials sufficient
9. › Dangerous Goods Act 1975 (ACT), ss 8(1A), 17, 21(1A)
1. Administrative Law
2. › Judicial review
3. › Permits and licences
4. › Form of application
5. › Whether application not in approved form could be refused
6. › Whether applicant must provide information required by approved form
7. › Dangerous Goods Act 1975 (ACT), s 45
1. Corporations
2. › Foreign companies
3. › Local agent
4. › Powers and responsibilities of local agent
5. › Whether local agent exercises control over foreign company's affairs
6. › Corporations Act 2001 (Cth), ss 601CH, 601CJ

Quick Take

When assessing whether a foreign corporation is a 'fit and proper person' to hold a regulatory licence, the decision-maker must identify and assess the persons who exercise effective control of the corporation; it is not sufficient to assess only the local agent appointed under the Corporations Act 2001 (Cth). Legislative requirements for use of approved application forms are not mere technicalities and a decision-maker may properly refuse an application that is not in the approved form and does not contain all required information.