Fit and proper person
60D Fit and proper person
A person may hold a commercial agent licence only if the person is a fit and proper person to hold the licence.
A person is not a fit and proper person to hold a commercial agent licence if—
the person is a disqualified person, or
the Secretary makes a finding that the person is not a fit and proper person to hold a licence.
The Secretary may determine that a person is not a fit and proper person to hold a commercial agent licence on such grounds as the Secretary sees fit, including, but not limited to, the following grounds—
the person has been authorised to carry out a commercial agent activity under a licence (however described) of another State or Territory and that licence—
is suspended, or
has, within the previous 5 years, been cancelled and the person has not held a licence since the cancellation,
the person has been authorised to carry out an activity under another Act administered by the Minister and that authorisation—
is suspended, or
has, within the previous 5 years, been cancelled and the person has not held an authorisation since the cancellation,
the person has, within the previous 10 years, been convicted of a relevant offence,
any ground prescribed by the regulations.
A corporation is not a fit and proper person to hold a commercial agent licence unless the corporation and each officer of the corporation is a fit and proper person to hold the licence.
A partner in a firm is not a fit and proper person to hold a commercial agent licence unless the partner and each other partner in the firm is a fit and proper person to hold a licence.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
This Act’s bill:Explanatory memorandum
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