Determining whether a natural person is fit and proper
39B Determining whether a natural person is fit and proper
The Collector may, in considering whether a natural person is a fit and proper person, have regard to:
whether, within one year before the application was made, the person has been charged with:
an offence against a provision of the Excise Acts; or
an offence against a law of the Commonwealth, a State or a Territory that is punishable by imprisonment for a period of one year or longer or by a fine of 50 penalty units or more; and
whether, within 10 years before the application was made, the person was convicted of:
an offence against a provision of the Excise Acts; or
an offence against a law of the Commonwealth, of a State or of a Territory that is punishable by imprisonment for a period of one year or longer or by a fine of 50 penalty units or more; and
the extent of the person’s compliance, within 4 years before the application was made, with any law administered by the CEO; and
whether the person has:
held a licence which has been cancelled; or
held a licence which has been varied to no longer cover one or more premises; or
participated in the management or control of a company that has had its licence cancelled; or
participated in the management or control of a company that has had its licence varied to no longer cover one or more premises; and
the person’s financial resources; and
whether the person is an undischarged bankrupt; and
if the person is the applicant—any misleading statement made in the application by the person; and
if the person is the applicant and any statement by the person in the application was false—whether the person knew that the statement was false.
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