Matters to be taken into account in deciding whether a natural person is a fit and proper person
8A Matters to be taken into account in deciding whether a natural person is a fit and proper person
Without limiting the matters to which the Secretary may have regard in deciding whether a natural person is a fit and proper person to hold a licence, or to be associated with the holder of a licence, the Secretary may have regard to the following:
any conviction of the person for an offence against a law of the Commonwealth, a State or a Territory;
any civil penalty (however described) imposed upon the person under a law of the Commonwealth, a State or a Territory;
any revocation or suspension of a licence or permit (however described) held by the person under a law of the Commonwealth, a State, a Territory or another country, being a law relating to the prohibition or regulation of drugs;
the connections and associations that the person has with other persons (including but not limited to the person’s relatives);
the person’s previous business experience;
the capacity of the person to comply with conditions of the licence;
whether the person has a sound and stable financial background or is in financial circumstances that may significantly limit the person’s capacity to comply with his or her obligations under a licence;
whether the person is of good repute, having regard to matters going to their character, honesty and professional and personal integrity;
the person’s history of compliance with this Act.
The Secretary must refuse to grant a licence to a person if the Secretary is not satisfied on reasonable grounds that the person and his or her business associates are fit and proper, and must revoke the licence if satisfied on reasonable grounds that they are not fit and proper.
This Act’s bill:Second reading speech
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