Gene Technology Act 2003

Without limiting the matters to which the regulator may have regard in deciding whether an individual is a suitable person to hold a licence, the regulator must have regard to—

any relevant conviction of the individual; and

any revocation or suspension of a licence or permit (however described) held by the individual under a law of the Territory, the Commonwealth, a State or a foreign country about the health and safety of people or the environment; and

the capacity of the individual to meet the conditions of the licence.

Without limiting the matters to which the regulator may have regard in deciding whether a corporation is a suitable person to hold a licence, the regulator must have regard to—

any relevant conviction of the corporation; and

if there is a relevant conviction of the corporation—

whether the offence concerned was committed when anyone who is presently a director of the corporation was a director; and

whether that offence was committed when any officer or shareholder of the corporation who is presently in a position to influence the management of the corporation was an officer or shareholder of the corporation; and

any revocation or suspension of a licence or permit (however described) held by the corporation under a law of the Territory, the Commonwealth, a State or a foreign country about the health and safety of people or the environment; and

the capacity of the corporation to meet the conditions of the licence.

This section does not affect the Spent Convictions Act 2000.

In this section:

the offence was committed within 10 years immediately before the making of the application for the licence; and

the offence was punishable by a fine of $5 000 or more, or by imprisonment for 1 year or more.

This section differs from the Commonwealth Act, s 58.