Meaning of eligible person—pt 13.2
223 Meaning of eligible person—pt 13.2
For this part, a person is an eligible person if—
the Minister is satisfied on reasonable grounds that the person is a suitable person to hold a licence; and
if the person is an individual—the individual has not been involved in a disqualifying act; and
if the person is in a partnership that is to operate a private psychiatric facility—each person in the partnership has not been involved in a disqualifying act; and
if the person is a corporation—the corporation and each person involved in the management of the corporation has not been involved in a disqualifying act.
In this section:
disqualifying act—a person has been involved in a disqualifying act if the person has in the last 5 years, whether in the ACT or elsewhere—
contravened a provision of this Act; or
A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
contravened a condition of a licence issued under this Act; or
been convicted, or found guilty, of an offence involving fraud or dishonesty, or punishable by imprisonment for at least 1 year; or
been bankrupt or personally insolvent; or
Bankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.
been involved in the management of a corporation when the corporation became the subject of a winding-up order or a controller or administrator was appointed.
This Act’s bill:Explanatory statementSecond reading speech
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